A magistrate has been issued with formal advice for misconduct after she used inappropriate language and audibly sighed during a family court hearing.
Dr Amy Delicate was alleged to have displayed ‘inappropriate behaviour’ including desk banging, audible sighing and swearing. Witnesses, a spokesperson for the Judicial Conduct Investigations Office said, reported that Delicate ‘appeared to have a negative attitude towards one of the parties and was visibly frustrated throughout the proceedings’.
Delicate denied any bias or misconduct. She said ‘any swearing or signs of frustration were unintentional’ and apologised ‘if such behaviour occurred’.
The JCIO said Delicate ‘attributed the stress and confusion during the hearing to incomplete court bundles and the late provision of legal advice and suggested that some of her actions may have been misinterpreted’.
In her representations to the JCIO, Delicate said she had a five-year unblemished record as a magistrate and her bench reached a unanimous decision in the family hearing.
The JCIO said: ‘She expressed regret for any distress caused, acknowledged the perspectives of others, and committed to reflection and learning.’
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An investigation found Delicate’s behaviour included ‘the deliberate use of inappropriate language, audible sighing an prolonged eye contact directed at a party-conduct which multiple witnesses interpreted as expressions of frustration and partiality’.
It was noted as part of the investigation that the hearing was not disrupted and the outcome remained unaffected though Delicate’s behaviour ‘caused embarrassment to court staff and negatively impacted the working environment’. Delicate did not demonstrate ‘full insight’ into the implications of her conduct, the investigation found.
Mr Justice Keehan, on behalf of the lady chief justice, and with the lord chancellor’s agreement, issued Delicate with formal advice for misconduct as a ‘reasonable and proportionate’ sanction in the circumstances.
