Magistrate who ‘genuinely upset’ colleague issued with formal advice for misconduct

A magistrate has been issued with formal advice for misconduct after he came across as ‘aggressive’ to his colleagues.

Daniel Barker was alleged to have acted in an aggressive and intimidating manner towards his colleagues during a post-court discussion to review how the day was progressing. The complaint was made by another magistrate who was carrying out a ‘threshold appraisal’ of Barker.

Barker ‘rejected’ the allegation, the Judicial Conduct Investigations Office said. It added: ‘Mr Barker…explained that he had raised concerns with his colleagues after he felt that he had been excluded from the decision-making discussions on several cases.

‘He was concerned that it would be detrimental to his appraisal. He considered that he had addressed his colleagues in a direct but respectful manner, however, he accepted in hindsight that he should have asked for the appraisal to be stopped and then raised his concerns with his deputy bench chair.’

An investigation found Barker was ‘entitled to communicate his concerns’ and though ‘it may not have been his intention, he had come across to his colleagues as aggressive’.

The JCIO said Barker had ‘genuinely upset’ his colleague. He had failed to be circumspect in his conduct and raise his concerns in a polite and courteous manner.

Mr Justice Keehan, on behalf of the lady chief justice, and with the lord chancellor’s agreement, issued Barker with formal advice for misconduct.