Remark amounted to misconduct, watchdog finds
A family judge has been formally advised after making a remark that effectively questioned the complainant’s immigration status.
Judge Kharin Cox had asked during a hearing whether the applicant’s need for a declaration of parentage was related to the Home Office. The party later complained that this suggested he was an immigrant, despite being a British citizen born in the UK.
Cox accepted she had said she was “guessing” the Home Office might be involved, following a reference to administrative requirements. She told the Judicial Conduct Investigations Office (JCIO) that her question was not an assertion, but simply a query, and said no prejudice was displayed.
However, following an investigation, a nominated judge found that Cox’s behaviour amounted to misconduct. The comment was deemed to amount to “a questioning of the complainant’s immigration status” which could be “regarded as demonstrating a negative stereotype based on the complainant’s presumed characteristics”.
The JCIO said the reason for the application could have been explored “without making such a comment”. In the disciplinary statement, emphasis is put on the Guide to Judicial Conduct which states that judicial office holders should ensure no one in court is “exposed to any display of bias or prejudice”.
The investigation acknowledged that Cox is a long-serving judge with an otherwise unblemished conduct record. The incident was described as a “single, ill-judged remark”. But it also found that she had “failed to recognise the inappropriateness of her conduct and had not apologised”.
Cox was issued formal advice as a sanction.
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