Clerkenwell & Shoreditch County Court: Designated civil judge
A circuit judge who adopted an aggressive tone with a female barrister and interrupted her excessively has been issued with “formal advice” for misconduct.
The Judicial Conduct Investigations Office (JCIO) said His Honour Judge Richard Roberts addressed the barrister differently from the other counsel before him.
HHJ Roberts is a senior circuit judge and designated civil judge based at Clerkenwell & Shoreditch County Court in London.
The barrister complainant alleged that, whilst she was making submissions during a hearing, the judge interrupted her excessively “in an aggressive manner and with an elevated tone”.
The Guide to Judicial Conduct tells judges to treat others with courtesy, patience and tolerance, while The Statement of Expected Behaviour emphasises the importance of treating others fairly and respectfully and of maintaining composure, including when under pressure.
HHJ Roberts told the nominated (investigating) judge that he gave the complainant “all the time she needed to make her submissions”.
He accepted that he interrupted her at certain points but explained why he did so. The JCIO recorded: “He said he made points forcefully but not aggressively, though he accepted that his tone was elevated at times.
“He regretted showing frustration, He also referred to his long service as a judge and offered some mitigation related to his personal circumstances at the time.”
The nominated judge found that HHJ Roberts interrupted the complainant’s submissions so frequently as to amount to excessive intervention.
“At times, he raised his voice, and on some occasions his words and tone could reasonably be described as aggressive,” the JCIO said.
“On other occasions, his tone conveyed irritation and frustration, The nominated judge found that this was noticeably different to the way HHJ Richards addressed the opposing barristers.
“The nominated judge concluded that HHJ Roberts’ actions amounted to misconduct and recommended that he receive a sanction of formal advice.
The Lady Chief Justice, Baroness Carr, and Lord Chancellor David Lammy agreed.