JCIO 92/24

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 Miss Hilary Whiteway JP of the Avon and Somerset Bench with a formal warning for misconduct.

Facts

On appointment, magistrates sign a declaration and undertaking, which includes a commitment to maintain the dignity, standing and good reputation of the magistracy. The Guide to Judicial Conduct reminds office holders to be courteous, patient, tolerant and to respect the dignity of all.

A legal adviser and duty solicitor complained that Miss Hilary Whiteway had repeatedly spoken to them in a loud, forceful and rude manner in open court and in doing so, undermined their professional reputation in the presence of other court users.

Miss Whiteway’s representations

Miss Whiteway accepted that she had not remained patient and tolerant when she encountered difficult situations and that she allowed herself to become involved in a verbal debate in the court room which would have been better addressed in private.

She partially accepted responsibility, citing some inaccuracies and misrepresentations, however, she accepted that there was a collective view of her behaviour on that day which fell short of what is required by a magistrate and presiding judge, for which she has offered her sincere apologies.

Nominated Committee Member (NCM) findings

The matter was considered by the North West Conduct Advisory Committee under the Judicial Conduct (Magistrates) Rules 2023. The NCM noted that Miss Whiteway had reflected on and apologised for her behaviour, therefore, a lower level of misconduct was found, and the recommendation was that of formal advice.

Decision

Mr Justice Keehan and the Lord Chancellor considered the advice of the Nominated Committee Member. They were not satisfied that the recommendation of formal advice sufficiently reflected the nature of the misconduct and instead, have determined that a formal warning is commensurate. In reaching their decision, they took into consideration Miss Whiteway’s explanation and apology, however, her behaviour had a direct impact on a legal adviser and a duty solicitor and served to undermine their standing in court. It also caused concern to the advocates and a magistrate who were present. The instances were numerous and, therefore, the harm cumulative and consequently, her actions risked damage to the reputation and good standing of the judiciary.

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