A family court judge has been issued with formal advice for misconduct after she ‘snapped’ at a litigant in a hearing.
The Judicial Conduct Investigations Office received three complaints each containing allegations about Her Honour Judge Martine Kushner during separate hearings. The allegations were similar in nature and included that the judge ‘raised her voice and shouted at legal parties or representatives during the hearings’.
In her representations, Kushner said ‘the patience of the court had been sorely tested and that the particular dynamics of the hearings meant that the proceedings were very difficult to manage’. Details of personal circumstances which Kushner said had an impact on her management of the hearings were also provided.
A spokesperson for the JCIO said: ‘The guide to judicial conduct reminds judicial office-holders to be courteous, patient, tolerant and punctual and to respect the dignity of all. It also reminds them to treat others fairly and respectfully, be mindful of their authority and aware of how their words and behaviour can affect others, to remain patient and tolerant when encountering difficult situations, to act professionally and courteously, including under pressure and to avoid shouting or snapping.’
Read more
The majority of the allegations against the judge were dismissed but an investigation found Kushner’s ‘actions in becoming angry at the representative of a party to the proceedings in one hearing, and snapping at a litigant in another hearing, amounted to misconduct’.
It was noted that in the two instances the misconduct was ‘brief’ and took place ‘in the context of a hearing which was difficult to manage’.
The lady chief justice, with the lord chancellor’s agreement, issued Kushner with formal advice, having considered her personal mitigation. Sanctions for misconduct by judicial office-holders are, in order of severity, formal advice, formal warning, reprimand and removal from office.
