A judge has been issued with formal advice for misconduct after a comment made during proceedings could have displayed bias or prejudice.
Her Honour Judge Kharin Cox (HHJ Cox) was admonished by The Lady Chief Justice after a comment made in court amount to a ‘questioning of the complainant’s immigration status’ after a party to a family case complained. During proceedings HHJ Cox had suggested the reason he was making an application for a declaration of parentage was because of his immigration status, based on the assumption he was an immigrant. In fact the complainant was a British citizen, born in the UK.
An investigation found HHJ Cox’s behaviour amounted to misconduct; her comment could be regarded as ‘demonstrating a negative stereotype based on the complainant’s presumed characteristics’ said the statement from the Judicial Conduct Investigations Office (JCIO). It would been more appropriate to explore the reason for the application without making such a comment.
HHJ Cox acknowledged she had been ‘guessing’ the need for the declaration after the complainant had mentioned it themselves, adding it was ‘not an assumption or assertion, but a query related to the reasons for the application. No prejudice was displayed.’
Although HHJ Cox is a long-serving judge with a previously unblemished conduct record, the JCIO said she had failed to recognise the comment was inappropriate and had not apologised. The nominated judge added ‘this was a single, ill-judged remark and that she did not intend to offend’
The recommendation of formal advice was agreed with by the Lady Chief Justice and the Lord Chancellor.
