JCIO 81/24

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, on behalf of the Lady Chief Justice, and with the Lord Chancellor’s agreement, has issued Mr Daniel Barker JP with formal advice for misconduct.

Facts

The Guide to Judicial Conduct 2023 states that office holders should be circumspect in their conduct and should seek to be courteous, patient, tolerant and should respect the dignity of all.

A complaint was made to the North West Conduct Advisory Committee by a magistrate who was carrying out a threshold appraisal on Mr Barker. The complaint alleged that during a post court discussion to review how the day was progressing, Mr Barker had acted in an aggressive and intimidating manner towards his colleagues.

Mr Barker’s representations

Mr Barker rejected the allegation and explained that he had raised concerns with his colleagues after he felt that he had been excluded from the decision-making discussions on several cases. He was concerned that it would be detrimental to his appraisal. He considered that he had addressed his colleagues in a direct but respectful manner, however, he accepted in hindsight that he should have asked for the appraisal to be stopped and then raised his concerns with his deputy bench chair.

Nominated Committee Member’s findings

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member found that Mr Barker was entitled to communicate his concerns, and whilst it may not have been his intention, he had come across to his colleagues as aggressive. This had genuinely upset the complainant. The nominated committee member recommended that in failing to be circumspect in his conduct and raise his concerns in a polite and courteous manner that Mr Barker should receive formal advice.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the findings and recommendation and issued Mr Barker with formal advice.

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website