A judge who engaged in sexual intercourse in his judicial chambers over 15 years ago has been issued with a formal warning for misconduct.
Recorder Paul Kirtley admitted the ‘sexual encounter’ with his then partner had taken place as alleged. His former partner had made a complaint to the Judicial Conduct Investigations Office alleging that Kirtley had ‘engaged in sexual intercourse…in his judicial chambers over 15 years ago, while they were in a relationship’.
Kirtley, who has been a recorder since 1999, accepted his conduct had been inappropriate, ‘expressed shame’ and ‘offered his unreserved apologies’.
A spokesperson for the JCIO said: ‘The guide to judicial conduct requires judicial office holders to ensure that their conduct, both in and out of court maintains and enhances the confidence of the public, the legal profession and litigants, court staff and colleagues in their personal impartiality and that of the judiciary.
‘It also states that judicial office holders “should avoid situations which might reasonably reduce respect for judicial office or might cast doubt upon their judicial impartiality; or which might expose them to charges of hypocrisy by reason of their private life”.’
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An investigation was carried out after an extension of time to do so was granted ‘in light of exceptional circumstances’. The investigation found the recorder’s behaviour amounted to misconduct.
The JCIO said: ‘In mitigation, the nominated judge [who carried out the investigation] found that the incident was a one-off, consensual encounter that took place over 15 years ago. However, the nominated judge determined that a judge engaging in such activity in their judicial chambers would risk reducing respect for judicial office.’
The lady chief justice, with the lord chancellor’s agreement, issued Kirtley with a formal warning for misconduct.
