Magistrate warned over case involving relative

A magistrate has received a formal warning for misconduct after ‘an attempt to lend weight’ to a case involving a relative.

Neale Murphy, of the Coventry and Warwickshire bench, allowed a relative to refer to his judicial status in a court case in which they were involved. He then failed to inform his bench chair that he was supporting the proceedings, the Judicial Conduct Investigations Office reported.

Although Murphy apologised he had also sought to blame court staff for failing to advise that he should have informed the chair about his involvement in his relative’s case. 

An investigation by the Midlands Conduct Advisory Committee found Murphy’s reference to his judicial office ‘was an attempt to lend weight to his relative’s case, which risked bringing the magistracy into disrepute’.

The office found that Murphy also breached the terms of the declaration and undertaking signed by all magistrates on appointment, which includes a commitment to disclose personal involvement, in any capacity in civil or criminal proceedings.

A spokesperson for the JCIO said: ‘In deciding to issue Mr Murphy with a formal warning, Mr Justice Keehan and the lord chancellor took into account that, while Mr Murphy had apologised and given assurances as to his future conduct, he had also sought to blame court staff for failing to advise him that he should inform his bench chair about his involvement in his relative’s case.’