Judicial Conduct Investigations Office

Judge receives formal advice over courtroom conduct

A family court judge has been admonished for her behaviour following three separate complaints during referred to the Judicial Conduct Investigations Office. 

Her Honour Judge Martine Kushner has received formal advice following the judicial conduct investigation following allegations she shouted and snapped at legal representatives and litigants, raising concerns about her courtroom demeanour.

While most of the allegations were dismissed, a nominated judge found that in two instances – becoming angry at a party’s representative and snapping at a litigant – HHJ Kushner’s conduct fell short of expected judicial standards. The incidents were described as brief and occurring under stressful conditions, which Kushner attributed to challenging proceedings and personal circumstances.

HHJ Kushner explained the ‘patience of the court had been sorely tested and that the particular dynamics of the hearings meant that the proceedings were very difficult to manage’ in mititgation. She also provided details of personal circumstances which she acknowledged had impacted her management of the hearings.

The Lady Chief Justice, with the Lord Chancellor’s agreement, issued formal advice, the least severe disciplinary sanction available under the Constitutional Reform Act 2005. The outcome reflects the judiciary’s commitment to professionalism and public confidence, while recognizing the pressures judges may face in complex cases.

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