A magistrate has been issued with a formal warning for misconduct after she shouted aggressively at a member of staff.
Maryam Cleary was alleged to have ‘aggressively accused’ the individual of undermining her authority, shouting and banging her fist on the table. This came amid a disagreement about how a court sitting had been conducted. The staff member said Cleary’s conduct left them ‘upset and distressed’.
Cleary denied the allegations. She accepted she was ‘loud-spoken but categorically denied shouting, speaking aggressively or banging on the table’.
A spokesperson for the Judicial Conduct Investigations Office said Cleary ‘explained she had been upset because she found the incident very unpleasant’.
The JCIO added: ‘She attributed this to the conduct of the staff member, whom she said had acted in an unprofessional, hostile and condescending manner, and had repeatedly interrupted and spoken over her. She further stated that the matter had caused stress and anxiety to her and her magistrate colleagues.
‘The guide to judicial conduct requires judicial-office holders to be courteous, patient, tolerant and to respect the dignity of all. The statement of expected behaviour further reminds them to treat others fairly and respectfully and to build effective working relationships with staff.’
An investigation found Cleary had shouted at the staff member and her shouting was aggressive. Cleary’s lack of remorse was considered an aggravating factor. The investigation did not find Cleary had banged her fist on the table.
Cleary’s behaviour was found to be ‘inconsistent with the standards of conduct expected of judicial office holders and that, as an experienced magistrate and presiding justice she should have recognised that the discussion would be challenging and that there were alternative ways of responding’.
Mr Justice Keehan, on behalf of the lady chief justice, and the lord chancellor issued Cleary with a formal warning.
Sanctions for misconduct by judicial office-holders are, in order of severity, formal advice, formal warning, reprimand and removal from office.
