Magistrate issued with formal advice over ‘unacceptable and excessive’ behaviour

A magistrate has been issued with formal advice for misconduct after he was found to have acted in an ‘unprofessional and discourteous’ manner in open court.

Michael Woodhouse, of the Black Country Bench, had spoken to a legal adviser at the end of a court day when she informed him he could not invite a member of the public who was considering applying to the magistracy into the retiring room for a conversation.

He ‘asserted that he had invited prospective applicants into the retiring room for years and would not be told what to do in ‘his’ court’, the Judicial Conduct Investigations Office said.

Woodhouse ‘demanded in a raised voice’ that the legal advisor call her senior legal manager and line manager to verify the information before he ‘repeated these sentiments in a conversation with the member of the public, which the complainant heard’.

A JCIO spokesperson said Woodhouse accepted the allegations against him and agreed his behaviour was ‘unacceptable and excessive and that the discussion should not have taken place in open court’.

He apologised to the legal advisor and prosecutor on the day and offered two further written apologies for his behaviour. The JCIO said Woodhouse had also called the senior legal manager and the legal advisor’s line manager to apologise. He self-reported to his bench chair.

The JCIO said the magistrate was ‘surprised’ at what he had been told by the legal advisor as ‘it was contrary to advice he had received for several years’.

In his representations Woodhouse said his ‘frustration was not aimed at her but at court communication’.

A conduct panel found Woodhouse’s behaviour amounted to misconduct, was ‘unprofessional and discourteous, occurred in open court in front of several others and significantly upset the complainant’.

Considering the appropriate sanction, Woodhouse’s personal circumstances provided ‘substantial mitigation’.

The JCIO said: ‘The speed and fullness of his attempts to apologise and reflect on his behaviour demonstrated his remorse and desire to make amends. He also had no previous findings of misconduct against him.’

Mr Justice Keehan, on behalf of the Lady Chief Justice, and with the Lord Chancellor’s agreement issued Woodhouse with formal advice for misconduct.