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In January 2023, the Courts and Tribunals Judiciary released a Statement of Expected Behaviour (“the Statement”) setting out the standards of behaviour expected from all judicial office holders. The Statement expands on the existing Guide to Judicial Conduct and covers behaviour in and outside of court, between judicial office holders and with staff and court users.
The new obligations
The Statement provides that judicial office holders must “treat others fairly and respectfully”. This reflects the growing focus of legal service regulators on fair treatment and wellbeing in the workplace. The Solicitors Regulation Authority (SRA) is soon to amend its Codes of Conduct to include new explicit obligations for solicitors to treat their colleagues fairly and with respect.
The Statement also addresses a developing conversation on judicial bullying. The Statement requires the following:
- “be aware of how our words and behaviour can affect others…
- act professionally and courteously, including under pressure, and avoid shouting or snapping…
- be open to feedback if we have done something that may have caused discomfort or offence”
This follows the Bar Council encouraging barristers to report incidents of bullying by the judiciary following an anecdotal rise in lawyers crying in court.
The requirement to challenge
While the SRA will shortly be going a step further in making it mandatory for managers to challenge disrespectful behaviour, the Statement makes it clear that judicial office holders are encouraged, as opposed to required, to do this:
“If you see or experience bullying, harassment or discrimination or other behaviour that falls short of these expectations, you may raise it informally with the individual concerned if you feel comfortable or alternatively with your leadership judge, magistrate or another leadership judge. If you want to use a more formal route you may use the Judicial Grievance or whistleblowing procedures or report it to the Judicial Conduct Investigation Office.” (emphasis added)
It is now clear that judicial office holders are expected not only to “help foster a positive working environment, where diversity is recognised and valued, and everyone is treated with dignity and respect” but they will also need to be alive to the behaviour of their colleagues and with that, the possibility of directly challenging disrespectful behaviour or reporting it.
Complaints to the Judicial Conduct Investigations Office
Failure to meet the required standards may result in a complaint to the Judicial Conduct Investigations Office (JCIO). The JCIO is an independent statutory body with responsibility for judicial discipline in relation to complaints about the personal conduct of judicial office holders, including:
- “Bullying or harassment, for example of staff, colleagues, litigants, or legal representatives
- Using racist, sexist, or otherwise offensive language
- Loss of temper/rudeness/aggression, for example shouting”
Where the JCIO determines that disciplinary action is appropriate, it may recommend that the Lord Chancellor and the Lord Chief Justice issue the subject of the complaint with formal advice, a formal warning or a reprimand. In the most serious of cases suspension or removal from judicial office may be recommended.
To avoid the involvement of the JCIO, judicial office holders must familiarise themselves with the Statement and ensure that their behaviour in and outside of court, with other judicial office holders and with staff and court users, meets the standards required.
FURTHER INFORMATION
If you have any questions or concerns about the content covered in this blog, please contact Julie Norris, Imogen Roberts or a member of the Regulatory team.
ABOUT THE AUTHORS
Julie Norris is a partner in the Regulatory team. She predominantly acts in the professional services sector, advising law firms, solicitors, and barristers as well as accountants and built environment professionals on regulatory compliance, investigations, adjudication, enforcement, and prosecutions.
Imogen Roberts is an associate in Kingsley Napley’s Regulatory team.
Imogen completed her training contract with Kingsley Napley and qualified as a solicitor in September 2022. During her trainee seat with the Regulatory team, Imogen assisted with investigating and preparing fitness to practice cases relating to professional misconduct, ill-health and lack of competence.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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