Judges: Clear routes to raise concerns
A new protocol to help legal professionals raise concerns about bullying, harassment and discrimination by judges has been launched by the senior judiciary.
The protocol gives barristers, solicitors and chartered legal executives a clear way of informally raising their concerns about a judge’s behaviour in court which caused them “discomfort or offence”.
Issued by Baroness Sue Carr, the Lady Chief Justice, and Lord Justice James Dingemans, the Senior President of Tribunals, it said legal professionals could raise concerns directly with the judge during a private meeting or ask a senior colleague from their chambers or law firm to speak with the judge on their behalf.
Any concerns should be raised after a hearing or trial has ended, and the judge should be given details of the concern before the meeting takes place.
The protocol states: “You will need to provide them with a clear account of the incident, together with any supporting information or evidence that may assist – such as the names of witnesses and a description of the impact of the behaviour on you.”
The legal professional and judge can invite someone to be present during the meeting.
The judiciary said taking an informal approach to concerns was often “the most appropriate first step for less serious issues, allowing for early and proportionate resolution”.
The protocol describes less serious issues as “isolated incidences of brief loss of temper, or an apparently isolated ill-judged remark”.
More serious concerns, such as repeated bullying or a pattern of harassment, should be reported formally to the Judicial Conduct Investigations Office (JCIO).
All concerns, whether raised directly or indirectly with the judge, need to be shared with the leadership judge at the court or tribunal where the incident took place, so they could speak with the judge.
The protocol says: “The relevant leadership judge will then decide what to do and what action to take, if any. Once this has happened, they will confirm the outcome of their discussions, in general terms, with you or the person who has raised the concern for you.”
Leadership judges will not reveal the identity of the legal professional who raised the concern. However, if they decide to take action against the judge, it may be necessary to seek permission to name them.
The protocol says the process has been designed to ensure “no-one suffers detriment as a result of raising a concern in good faith”.
Barristers have the option of taking their concerns to the Bar Council’s Commissioner for Conduct, Dame Maria Miller, using the confidential reporting tool Talk for Spot.
The Bar Council has reached an agreement that Dame Maria and her team can take barristers’ concerns forward to the judiciary.
According to Bar Council data, around 50% of the concerns that barristers report to Talk for Spot about bullying, harassment and inappropriate behaviour relate to judges’ behaviour.
Last year, the independent review into bullying and harassment at the Bar carried out by Baroness Harriet Harman KC said it received “abundant, disturbing and compelling accounts of judicial bullying”.
In response, Baroness Carr acknowledged that a minority of judges failed to behave with the professionalism and courtesy expected of them and that the senior judiciary was looking to take action to improve the complaints system.
Dame Maria said the new protocol was “an important piece in the jigsaw to breaking down reporting barriers” that “helps address key issues identified in the Harman review”.
Lady Justice Whipple, the lead judge for diversity and inclusion at the Court of Appeal, said: “While the majority of judicial office holders behave professionally and courteously, we take concerns about bullying, harassment and discrimination very seriously and are committed to providing clear, accessible routes for legal professionals working in our courts and tribunals to raise and resolve concerns about a judge’s behaviour.
“This protocol formalises and improves a process that has long existed – giving legal professionals clarity about how they can raise concerns informally.”
Leave a Comment