A magistrate with three decades of service has received a formal warning from judicial authorities after making a 'racially insensitive' comment in which she said a probation officer looked like someone from the militant group Al-Qaeda.
The Incident and Investigation
Kate Waghorn, who served as a magistrate in South and West Devon, made the remark in front of other magistrates and a legal adviser within a court retiring room. An allegation regarding the comment was subsequently referred to the South-West Region Conduct Advisory Committee, prompting an official investigation.
In her representations to the Judicial Conduct Investigations Office, Ms Waghorn stated she had 'no clear recollection' of making the specific comment. However, she accepted that she was likely to have done so, given the consistency of accounts provided by others who were present.
Findings and Sanction
A committee member nominated to investigate the case found that Ms Waghorn had made an inappropriate and racially insensitive comment that caused emotional harm to an individual present during the conversation. The investigator concluded that while the remark was not made out of malice, Ms Waghorn should have known it was offensive.
The committee member found that the magistrate had failed to act with the required circumspection and to treat others with respect, breaching the standards expected of judicial office holders. The guide for judicial conduct requires magistrates to be courteous, patient, tolerant, and to respect the dignity of all.
Initially, the nominated committee member recommended a sanction of formal advice, taking into account Ms Waghorn's immediate apology, her expressed remorse, and her previously unblemished 30-year record. However, Mr Justice Michael Keehan and the Lord Chancellor reviewed the case and disagreed.
Escalated Response and Remedial Actions
They determined that formal advice did not adequately reflect the seriousness of the misconduct. Considering the nature of the comment, the circumstances in which it was made, and the offence it caused, they imposed the more serious sanction of a formal warning.
In response to the incident, Ms Waghorn outlined steps she had taken to improve her cultural awareness. She voluntarily completed Islam awareness training and apologised to all those who were present when the remark was made. Magistrates sign a declaration upon appointment, which includes a commitment to be circumspect in their conduct, a standard the investigation found was not met in this instance.
The case underscores the high standards of conduct demanded of those in judicial roles and the consequences of failing to meet them, regardless of length of service.
