A magistrate has been removed from office for misconduct after he was handed an extended civil restraint order for repeatedly issuing claims totally without merit.
Yu Tan, who was appointed to the magistracy in 2017 but did not attend training or complete any sittings, was made the subject of an extended civil restraint order (ECRO) in 2020 by a judge dealing with civil proceedings brought by Tan.
ECROs, which usually last three years but can be renewed for a further three years, are made when a litigant has persistently issued claims or made applications that are totally without merit.
A spokesperson from the Judicial Conduct Investigations Office said: ‘The London Conduct Advisory Committee recommended that Mr Tan be removed from office under the summary process set out in Judicial Conduct (Magistrates) Rules 2014. The summary process enables an advisory committee to recommend a magistrate’s removal without further investigation in a range of circumstances regarded as incompatible with holding judicial office. Being issued with an ECRO is one such circumstance.’
According to the statement, Tan ‘failed to give any legitimate reasons’ as to why he should not be removed from office.
The JCIO spokesperson added: ‘The lord chief justice and lord chancellor agreed to remove him with immediate effect.’