A recorder has been issued with formal advice for misconduct after an almost eight-month delay handing down a judgment.
Recorder James Howlett had not yet issued a reserved judgment in a case for ‘nearly eight months’ despite chasers from court staff and senior judges, some of which did not receive a response, the Judicial Conduct Investigations Office said.
It added: ‘The guide to judicial conduct states that judicial office holders should display diligence and care in the discharge of their judicial duties.
‘The JCIO’s guidance on misconduct and recommending sanctions explains that a question of misconduct may arise where the time taken to complete a judgment exceeds three months from the conclusion of the hearing or trial.’
The judge accepted his delay in issuing the judgment was unacceptable and apologised for his ‘failure to respond to enquiries about the matter’.
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‘He attributed the delay to a combination of professional and personal pressures, acknowledged the seriousness of the matter and confirmed that he had sent the draft judgment to the court that day,’ the JCIO said. ‘He provided assurances that a similar incident would not occur in future.’
An investigation found the delay and the judge’s ‘repeated failure’ to respond to enquiries about the matter amounted to misconduct. Though the judge had a previously unblemished conduct record his ‘persistent lack of engagement’ was considered an aggravating factor.
The lady chief justice, with the lord chancellor’s agreement, issued Howlett with formal advice.
