Judge given formal advice over raising his voice to counsel

A judge who made remarks which showed a ‘degree of contempt’ for counsel’s submissions has been issued with formal advice for misconduct.

His Honour Judge Nigel Gerald ‘extended his apologies and regret for his behaviour’ following an investigation, the Judicial Conduct Investigations Office (JCIO) said. 

A barrister, who appeared before the judge in court, complained that Gerald had behaved in a rude and aggressive manner towards him.

A spokesperson for the JCIO said: ‘The complaint included an allegation that HHJ Gerald had told him to “chill out” and that he had mimicked [the barrister] in the style of a character from a television sitcom.

‘Whilst not all the allegations were made out, a nominated judge [who carried out the investigation] considered that HHJ Gerald had been discourteous towards counsel by raising his voice and making remarks which showed irritation and a degree of contempt for counsel’s submissions.’

Gerald accepted the findings of the nominated judge.

The JCIO said: ‘The Guide to Judicial Conduct reminds judges to be courteous, patient, tolerant and to respect the dignity of all. They should also ensure that their conduct maintains and enhances public confidence in the judiciary.

‘Having considered the facts of the case, the lady chief justice and lord chancellor agreed with the nominated judge that HHJ Gerald’s actions fell short of the standards expected of a judge and that his actions amounted to judicial misconduct.’