Barrister: Initially confused for client
A district judge who was rude to a barrister before throwing him out of court in front of his client has been given formal advice for misconduct.
The Judicial Conduct Investigations Office said it rejected District Judge Nicola Murphy’s contention that the barrister had been disrespectful and intimidating towards her.
The JCIO said the complainant, a barrister acting at a directions hearing, alleged that the judge behaved in a rude, aggressive and bullying manner towards him.
He claimed that, despite attempting to identify himself as counsel, the judge “unjustifiably” criticised his tone, refused to allow him to clarify his role as counsel, and excluded him from the hearing, leaving his client unrepresented.
The judge denied any allegation of rudeness, aggression, bullying or loss of temper, stating that her conduct was “a direct response to the barrister’s disrespectful and intimidating behaviour”.
She said that, despite repeated warnings and reference to the court’s zero tolerance policy, the barrister continued to challenge the court’s authority, which led her to require his removal from the hearing.
The judge said her approach was driven by “concerns about safety and maintaining proper standards of conduct in court”.
The judge nominated to investigate the matter found that, at the start of the hearing, there was confusion about the identities and roles of those present after the usher introduced everyone only as “the parties”.
As a result, the judge initially mistook the barrister for his client. After the barrister explained that he was acting as his client’s representative, the judge repeatedly criticised his tone.
The JCIO said: “Having reviewed the audio recording, the nominated judge concluded that the barrister was not impolite or discourteous and that the judge’s criticisms, including the invocation of a zero-tolerance policy, were unjustified.
“The barrister was ultimately excluded from the hearing, which proceeded without him.
“The nominated judge concluded that the judge’s conduct was rude, and this was compounded by the barrister being excluding in front of the parties.”
The nominated judge recommended a sanction of formal advice for misconduct, taking into account the judge’s previously unblemished record.
The Lady Chief Justice, Baroness Carr, and Lord Chancellor David Lammy agreed and issued Judge Murphy with the formal advice.
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