Argument with neighbour over dog leads to formal warning for magistrate

A magistrate who referred to her position on the bench when telling her neighbour their dog could be destroyed during a ‘heated dispute’ has been issued with a formal warning for misusing her judicial status. 

Jean Banford, of the Cheshire bench, was found to have used her judicial status in ‘an attempt to exert pressure and lend weight to her arguments’.

The Judicial Conduct Investigations Office said it was a ‘clear breach of the expected standards of conduct’.

A complaint was made that Banford had referred to her status as a magistrate during a ‘heated dispute’ with a neighbour about the neighbour’s dog. 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.

Banford, a ‘long-serving’ magistrate of good character, said her comment could be considered ‘inappropriate’. She explained she emphasised her ‘knowledge of the law’ because of the ‘neighbour’s refusal to accept that the dog was putting people in fear and could be destroyed as a result’.

Following an investigation, it was not accepted that being a magistrate was ‘sufficient to allow Mrs Banford to know the law’ finding her repeated reference to this was ‘inappropriate’.

A JCIO spokesperson said: ‘This, and the potential to damage the reputation of the magistracy, amounted to misconduct.’

It added: ‘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”.’

Mr Justice Keehan, on behalf of the lady chief justice and with the lord chancellor’s agreement, issued Banford with a formal warning.