JCIO 13/25

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Mrs Karen Earnshaw JP, a magistrate on the Cheshire bench, with a reprimand for accessing a court database for personal reasons.

Facts

Magistrates sign a declaration and undertaking on appointment, which includes an agreement to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times, in their private, working and public lives. The Useful Information for Magistrates published by the Ministry of Justice (2020) states;

“Great care should be taken to avoiding personal reference to your position as a magistrate in circumstances where it could be perceived as an attempt to influence or gain advantage.”

In addition, the Responsibilities of the Judiciary: IT Security document states:

“When accessing case systems and data you should only access cases that you are entitled to or need to in order to carry out your judicial functions.”

The matter came to light after the North West Region Conduct Advisory Committee (NWRCAC) was informed that Mrs Earnshaw had accessed a court database to check on the location of a case involving a relative, in which she was a witness. It was also reported that she had mentioned her judicial status in a related telephone conversation.

Mrs Earnshaw’s representations

Mrs Earnshaw accepted that she accessed the court database and that she had referred to her judicial status during a related telephone conversation. She accepted that her actions were improper and apologised.

Nominated Committee Member’s findings

An investigation was carried out under the Judicial Conduct (Magistrates) Rules 2023. A nominated member of the NWRCAC found that Mrs Earnshaw had accessed the court database one time to establish the location of the case involving her close relative, and in which she was a witness.

Mrs Earnshaw’s actions were in breach of the important requirement that judicial office holders should only access court databases in the context of carrying out judicial functions. This, coupled with mentioning her judicial status in the related telephone conversation, amounted to serious misconduct. The nominated committee member recommended that Mrs Earnshaw be issued with a reprimand.

Decision

Mr Justice Keehan and the Lord Chancellor agreed to issue Mrs Earnshaw with a reprimand.

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website