A magistrate who spoke in a ‘rude manner’ in open court has been issued with a formal warning for misconduct. A legal adviser and duty solicitor complained that Hilary Whiteway had undermined their professional reputation in the presence of other court users when she ‘repeatedly’ spoke to them in a ‘loud, forceful and rude manner’.
The Judicial Conduct Investigations Office said: ‘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.’
Whiteway ‘accepted…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 and said there were ‘some inaccuracies and misrepresentations’ but accepted ‘there was a collective view of her behaviour on that day which fell short of what is required by a magistrate and presiding judge’. She offered her ‘sincere apologies’, the JCIO said.
Mr Justice Keehan, on behalf of the lady chief justice, and the lord chancellor took into consideration Whiteway’s explanation and apology but found her behaviour had a ‘direct impact’ on a legal adviser and duty solicitor and served to undermine their standing in court.
A JCIO spokesperson said Whiteway’s behaviour ‘also caused concern to the advocates and a magistrate who were present’. It added: ‘The instances were numerous and, therefore, the harm cumulative and consequently, her actions risked damage to the reputation and good standing of the judiciary.’
