A tribunal member who appeared to be ‘fast asleep’ during a tribunal hearing has been issued with formal advice for misconduct. The Judicial Conduct Investigations Office said the case before Dr Andrew Easton and the rest of the panel had to be adjourned and relisted as a result.
Easton said he apologised to the appellant, the clinical team and his panel colleagues but denied he had fallen asleep.
The JCIO said Easton ‘said he had in fact experienced what he termed a “collapse”. This, he stated, was due to a pre-existing medical condition, exacerbated by stress due to this personal circumstances.’ It added: ‘He acknowledged in retrospect that he had not been well enough to take part in the hearing.’
An investigation found Easton had fallen asleep during the hearing and, referring to his medical condition, ‘should have stood down from the hearing’.
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The JCIO said: ‘Dr Easton’s personal circumstances made it necessary for him to be all the more observant of his duty to exercise diligence and care in relation to his judicial functions.
‘The guide to judicial conduct reminds judicial office holders of the need for diligence and care in the discharge of judicial duties. The same expectations apply to non-legal members of tribunals.’
The senior president of tribunals, on behalf of the lady chief justice, and with the lord chancellor’s agreement issued Easton with formal advice for misconduct.
Sanctions for misconduct are, in order of severity: formal advice, formal warning, reprimand and removal from office.
