Legal Cheek
A magistrate has received a formal warning from the judicial watchdog following a “heated dispute” with a neighbour regarding their dog.
Jean Banford JP is reported to have repeatedly emphasised her knowledge of the law, citing her position on the Cheshire bench, when arguing that the dog could be destroyed.
The Judicial Conduct Investigations Office (JCIO) said that Banford acknowledged her comment could, in hindsight, be considered inappropriate. However, she explained that the neighbour’s refusal to recognise that the dog was causing fear and could be destroyed prompted her to emphasise her legal knowledge.
A subsequent investigation found that the magistrate had used her judicial status in a bid to “exert pressure and lend weight” to her arguments which is a “clear breach” of the expected standards of conduct.
“The nominated committee member took into consideration that Mrs Banford was a long serving magistrate of good character, who willingly shared footage of the interaction and accepted that her comments were inappropriate,” the decision states. “Mr Justice Keehan and the Lord Chancellor agreed with the findings and issued Mrs Banford with a formal warning.”
STATEMENT FROM THE JUDICIAL CONDUCT
INVESTIGATIONS OFFICE
Mrs Jean Banford JP
A spokesperson for the Judicial Conduct Investigations Office said:
Mr Justice Keehan, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Mrs Jean Banford JP, a magistrate on the Cheshire bench, with a formal warning for misusing her judicial status.
Facts
Magistrates sign a declaration and undertaking on appointment, which includes an agreement to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times, in their private, working and public lives. In addition, the Useful Information for Magistrates published by the Ministry of Justice (2020) states:
“Great care should be taken to avoiding personal reference to your position as a magistrate in circumstances where it could be perceived as an attempt to influence or gain advantage”.
A complaint was made to the North West Conduct Advisory Committee that Mrs Banford referred to her status as a magistrate during a heated dispute with a neighbour about the neighbour’s dog. Mrs Banford was said to have repeatedly emphasised her knowledge of the law given her position as a magistrate, when telling the neighbour that their dog could be destroyed.
Mrs Banford’s representations
In her representations, Mrs Banford accepted that in hindsight her comment could be deemed as inappropriate, but explained that the neighbour’s refusal to accept that the dog was putting people in fear and could be destroyed as a result, caused her to emphasise her knowledge of the law.
Nominated Committee Member’s findings
The allegation was investigated in accordance with The Judicial Conduct (Magistrates) Rules 2023. A nominated committee member of the North West Conduct Advisory Committee considered that Mrs Banford had used her judicial status in an attempt to exert pressure and lend weight to her arguments which is a clear breach of the expected standards of conduct. The nominated committee member did not accept that being a magistrate was sufficient to allow Mrs Banford to know the law and therefore her repeated reference to this was inappropriate. This, and the potential to damage the reputation of the magistracy, amounted to misconduct.
Decision
The nominated committee member took into consideration that Mrs Banford was a long serving magistrate of good character, who willingly shared footage of the interaction and accepted that her comments were inappropriate. Mr Justice Keehan and the Lord Chancellor agreed with the findings and issued Mrs Banford with a formal warning.
https://www.complaints.judicialconduct.gov.uk/disciplinarystatements/Statement4924/
