JCIO 84/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Senior President of Tribunals, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Tribunal Member Dr Andrew Easton with formal advice for misconduct.

Facts

The Guide to Judicial Conduct reminds judicial office holders of the need for diligence and care in the discharge of judicial duties. The same expectations apply to non-legal members of tribunals. The JCIO received a complaint that Dr Easton appeared to be fast asleep during a tribunal hearing, which resulted in the case having to be adjourned and re-listed.

Dr Easton’s representations

Dr Easton stated that he had apologised to the appellant, the clinical team and his panel colleagues. However, he denied that he had fallen asleep. He said that he had in fact experienced what he termed a “collapse”. This, he stated, was due to a pre-existing medical condition, exacerbated by stress due to his personal circumstances. He acknowledged in retrospect that he had not been well enough to take part in the hearing.

Nominated Judge’s findings

Following an investigation under the Judicial Conduct Rules 2023, a nominated judge found that Dr Easton had fallen asleep during the hearing.

While acknowledging Dr Easton’s mitigation, the nominated judge noted that he was aware of his condition and should have stood down from the hearing. Dr Easton’s personal circumstances made it necessary for him to be all the more observant of his duty to exercise diligence and care in relation to his judicial functions. The nominated judge made a finding of misconduct and recommended that Dr Easton receive a sanction of formal advice.

Decision

The Senior President of Tribunals and the Lord Chancellor agreed with the nominated judge’s recommendation to issue Dr Easton 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