A Victorian magistrate who told a court user “I want to slap you around a bit too” has been found to have used offensive and inappropriate language by the state's judicial watchdog.
The remark was one of several made by magistrate Vicky Prapas that the Judicial Commission of Victoria found to be inappropriate. Other comments included asking someone in court “do you reckon the substance is screwing with the way you're thinking”, and asserting that another person “believes their own bullshit”.
The latter comment was made in the presence of a school group, the commission said in its findings last week.
Investigation into drug court conduct
The watchdog opened the investigation after receiving a complaint from Victoria Legal Aid concerning Prapas' rotation through a Melbourne drug court. The investigation substantiated a range of allegations, including that the magistrate made threatening or intimidating remarks to legal practitioners when they proposed to make or support complaints against her.
Those comments amounted to a “pattern of victimisation”, the commission found. Prapas was also found to have made an offensive comment about a person from a marginalised group and made an unprofessional remark about another member of the judiciary.
Magistrate's response and findings
In the written decision, Prapas acknowledged that her conduct in some instances had been “unfiltered and intemperate” and that she would have expressed herself differently with the benefit of hindsight. She referred to the unique jurisdiction of a drug court, including that her intention was to promote participant recovery, accountability and community safety within its therapeutic framework.
She said she had reflected carefully on the matters raised, and had taken steps to ensure that her communication remains effective, respectful and less susceptible to misunderstanding. The watchdog was unable to substantiate some allegations, including that the magistrate demonstrated cultural insensitivity.
Commission's acknowledgment and next steps
In handing down its findings, the commission acknowledged drug court proceedings can warrant “open and frank” discussions. “However, these features do not displace a judicial officer's obligation to afford all court users civility and respect,” it said.
The brunt of the complaint was referred to the chief magistrate, Lisa Hannan, with recommendations she counsel Prapas. The watchdog also recommended Prapas familiarise herself with the commission's conduct guidelines and attend an educational event within a year.
