A circuit judge’s conduct towards a junior female staff member has recently come under scrutiny as he received formal advice for misconduct.
The Judicial Conduct Investigations Office (JCIO) reviewed a series of allegations made by a court staff member concerning inappropriate and overfamiliar comments from the judge, His Honour Judge Martin Davis. Despite denying the allegations and suggesting that the complainant misunderstood his intentions, Judge Davis acknowledged the need for greater caution in his communication, particularly given his authoritative role.
The investigation, led by an independent judge assigned by the JCIO, did not uphold most of the allegations but did find that Judge Davis engaged in unnecessary sharing of his moral beliefs and anecdotes, which the complainant could not comfortably challenge due to the power dynamics at play.
Baroness Carr, in consultation with Lord Chancellor Shabana Mahmood, decided to issue formal advice rather than a formal warning, considering the misconduct as minor. They noted that the judge did not intend any discomfort or offence, aiming instead to be amicable. The decision was influenced by the brief nature of the misconduct period and Judge Davis’s otherwise unblemished record.
The case underscores the necessity for professionals in positions of power to navigate relationships with subordinates carefully, ensuring respect and propriety.
