JCIO 95/24

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 Ms Catherine Burns JP with formal advice for misconduct.

Facts

Magistrates sign a declaration and undertaking on appointment to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times.

A matter was brought to the attention of the London Conduct Advisory Committee after Ms Burns engaged in conversations on two separate Facebook groups regarding the deselection of a local parliamentary candidate ahead of the recent general election. Ms Burns’ comments resulted in criticism from other contributors after she appeared to repeatedly suggest that there was more to the deselection than was in the public domain.

Ms Burns’ representations

Ms Burns confirmed that she had made the posts in a private capacity, which did not mention her status as a magistrate. She explained that she took part in a good faith, political discussion and was merely rebutting untruths. She considered that the criticism of her was from a small angry group and not representative of the local community and therefore unreasonable. Ms Burns has since left the groups.

Nominated Committee Member’s findings

An investigation was carried out under the Judicial Conduct (Magistrates) Rules 2023. A nominated committee member (NCM) found that by speculating in a series of posts to a large group of people, as to the reasons for the deselection of a parliamentary candidate, Ms Burns had failed to act with circumspection. Other contributors had interpreted her posts as an insinuation that there was more than in the public domain, which impugned, without any substance, the standing of the candidate.

In recommending formal advice, the NCM considered that Ms Burns had breached the expected standard of conduct for a magistrate.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the NCM’s findings that Ms Burns’ actions amounted to misconduct. In agreeing to issue Ms Burns with formal advice, they took into consideration that Ms Burns had not mentioned her judicial status and as a newly appointed magistrate, had not undertaken the induction training required when the comments were made.

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