A magistrate who was found to have spoken to colleagues in a ‘condescending tone’ has been issued with formal advice for misconduct.
A fellow magistrate complained about Andrew Nicholas Ferguson Kerr’s behaviour in the retiring room during deliberations. Kerr was alleged to have ‘acted in a domineering and aggressive manner, repeatedly raised his voice, spoke over colleagues, issued demeaning instructions, made condescending and patronising remarks, and disregarded requests about how others wished to be addressed’.
Kerr denied the allegations. A spokesperson for the Judicial Conduct Investigations Office said Kerr described his behaviour as ‘unintentional and stated that his approach was aimed at encouraging discussion with colleagues’. Kerr said ‘some of his actions may have been misinterpreted’.
The JCIO added: ‘He expressed regret for any unintended impact of his conduct and stated that he would reflect on the concerns raised to ensure greater sensitivity in future.’
An investigation found Kerr’s conduct ‘while not intentionally disrespectful, had a negative impact on colleagues and was contrary to the collaborative working expected of magistrates when deliberating on cases’.
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Kerr, who had a 40-year unblemished record as a magistrate, was found to have spoken over others, used a condescending tone and addressed his colleagues discourteously.
The investigation noted Kerr had ‘reflected on the situation and considered how he might do things differently in the future’.
Mr Justice Keehan, on behalf of the lady chief justice and the lord chancellor issued Kerr with formal advice for misconduct. Sanctions for misconduct by judicial office-holders are, in order of severity, formal advice, formal warning, reprimand and removal from office.
