A magistrate who called into a radio programme where he identified his role has been issued with a formal warning for misconduct. David Whitehead phoned into a live LBC radio programme where he identified himself as a magistrate and criticised a statement made by a junior government minister regarding the deportation of foreign nationals at sentencing.
A spokesperson for the Judicial Conduct Investigations Office said: ‘Magistrates sign a declaration and undertaking on appointment to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times.
‘The guide to judicial conduct reminds office holders that they should not comment publicly on matters of controversy including the merits, meaning or likely effect of government policy or proposals.’
Whitehead said he was ‘expressing a personal opinion in a private capacity which did not represent the views of the magistracy’.
The JCIO said: ‘He stated that he only confirmed his judicial status when asked. He argued that he was not commenting on official government policy and that his contribution was balanced and transparent.’
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An investigation found Whitehead had ‘entered a public debate on a government policy proposal’ and ‘clearly’ identified himself as a magistrate.
Whitehead’s conduct was found to have breached the standards expected of judicial office holders. The investigation found Whitehead’s actions ‘risked undermining public confidence in judicial impartiality and independence’ and his conduct amounted to misconduct.
He was found to have ‘knowingly engaged in a public political discussion’ and shown ‘limited insight into the implications of his actions’.
Mr Justice Keehan, on behalf of the lady chief justice, and with the lord chancellor’s agreement issued Whitehead with a formal warning for misconduct.
Sanctions for misconduct by judicial office holders are, in order of severity, formal advice, formal warning, reprimand and removal from office.
