The 41 proposals include: categorising misconduct findings as minor, serious or gross; creating an expedited system for lower-level complaints where the facts are agreed; and requiring complaints to be supported by relevant details (rather than simply, ‘the judge was rude’).
Other proposals include giving the Judicial Conduct Investigation Office (JCIO) responsibility for complaints about tribunal members as well as chambers presidents, and requiring disciplinary statements to contain more information, including the circumstances in which misconduct occurred, the details of the misconduct, the office-holder’s response and any aggravating or mitigating factors. The statements would also be posted in the public domain for longer―two years for notice with formal advice, eight years where the judge is suspended and indefinitely for removal from office.
About 50 cases of misconduct are upheld each year.
The consultation, Judicial Discipline, closes on 7 February 2022.
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