JCIO 91/24

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 Michael Barnes JP with a formal warning 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 fellow magistrate made a number of allegations about Mr Barnes’s behaviour, which included calling her a ‘trolley dolly’ in reference to her cabin crew career and sarcastic comments which undermined her distance learning law degree.

Mr Barnes’ representations

Mr Barnes admitted that he had referred to the complainant as a ‘trolley dolly’ in a light-hearted manner, during a period of retirement. He used the term as it was one that the complainant had previously used to describe her job. He apologised for the offence caused. However, he did not offer any representations on the complaint that he had undermined her distance learning law degree and denied all other allegations.

Findings

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member acknowledged that the two magistrates engaged in two-way light-hearted banter, which failed to display professionalism.

It was accepted that Mr Barnes caused upset by undermining the complainants distance learning law degree and by referencing her former air cabin career role as a ‘trolley dolly.’

The nominated committee member acknowledged Mr Barnes’ apology but found these comments to be ‘recklessly unfeeling’ through sarcastic humour, resulting in emotional harm to the complainant.

The nominated committee member found that the comments amounted to misconduct and recommended a formal warning.

Decision

Mr Justice Keehan and the Lord Chancellor considered the advice of the nominated committee member and agreed with the recommendation.

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