Can a Judge say this or not?

by Vidocq

Do magistrates have the right to express themselves freely, must they be politically correct at all times, or is a more plain worded description allowed from time to time?

My good friend on Twitter, @dcd_barrister, alerted me to this article. Magistrate Austin Malloy is in trouble for speaking his mind. According to his law clerk, Christine Dean, he was too frank! She challenged Mr Malloy in open court, saying he had used ‘inappropriate language’. She then encouraged one of the boy’s mothers to go ahead with her plans to make an official complaint.

The magistrate described two boys as “absolute scum” for vandalising the Blackburn Cathedral and he has been warned that he could face disciplinary action. He has been removed from his post as chairman of the bench while he is investigated by the court. Magistrate Malloy has been on the bench for the past 18 years. He criticised two 16-year-olds at the town’s youth court after they caused £3,000 (approx. $4297) worth of damage. The teens wrote sexual and racist graffiti on prayer books and bent an ancient St John the Baptist cross after being invited to have a look around the cathedral.

Magistrate Malloy said at their sentencing hearing the following: ”This court is disgusted by the mindless destruction you have caused. Normal people would consider you absolute scum.” At that, the law clerk jumped up and told the magistrate that this was not an appropriate description of the two teens whose identities cannot be revealed due to their age.

We are not sure what the clerk was considering here. Maybe the wording in a place of justice? Maybe she was considering the boys’ self esteem and self respect? Maybe she just does not like Malloy!

So now I ask you: how inappropriate was this magistrate? Thoughts anyone? Do you agree with the law clerk? Would you have protested to those words? Or, do you think those words are not severe enough to warrant removing a magistrate from the bench? And last, is the the best way for a clerk to voice differences of opinion with the magistrate?

Let me introduce you to one of Malloy’s supporters: the father of one of the boys, who along with his son cannot be named for legal reasons, who backed the magistrate’s choice of words. He said: “I totally agree with what Mr Malloy said and I’ve not got a problem with him whatsoever. I back him 100 per cent. As far as I am concerned Mr Malloy should get his job back. The whole family is absolutely disgusted with what our boy has done and he knows we are disgusted. I’ve worked my whole life and my son was brought up as a Catholic boy going to church, so why he has done what he has done, I don’t know.”

His son, known as Boy A, was given an 18-month supervision order and ordered to pay £1500 compensation costs, while Boy B was given a 12-month supervision order and ordered to pay £100. The duo was caught after signing their names in the visitors’ book…priceless!

The mother of Boy B has made an official complaint, but Boy A’s dad said, “There will certainly be no official complaint from me. He has been a stupid boy.” Mr Malloy said he was pleased by the dad’s backing, adding, “I am obviously very encouraged by the support given by this man.”

Magistrate Malloy was set for a face to face showdown with court officials to discuss his future yesterday and attended an ‘informal meeting’ at 10am. The Chairman of the Bench and the Justices’ Clerk are working together to find out exactly what happened in court with a view to determining whether any further action is required. In the meantime, Mr Malloy has agreed not to act as a Bench Chairman though he will continue to sit as a magistrate.

But the four-hour meeting with officials resulted in Mr Malloy being ordered to appear before a full disciplinary panel. He declined to comment as he left Blackburn magistrates court yesterday. But he appeared shocked that the matter was being taken further.

Vidocq is shocked that this description of what Mr Malloy said is taken this far. Have judges not said things far worse? Have they all been removed? If showing respect for these two teens is the issue how about talking about a clerk who challenges a judge in open court! She could have faced him and given him a signal to sidebar but no, she challenges in open court showing utter disrespect for the judge, the law, procedure and for the integrity of the court room. But Vidocq cannot find any news articles that deal with that showing of disrespectful behaviour!

More information will be posted here as soon as it becomes available. To be continued…

The BBC article is here.