Magistrate’s misconduct
JP given formal advice after posts supporting Palestinian cause
A magistrate on the Leicestershire and Rutland bench has been issued with formal advice for misconduct, the Judicial Conduct Investigations Office announced on Friday.
The Midlands Conduct Advisory Committee — one of a number that deal with complaints against magistrates — was told that Kirk Master JP had posted a number of politically sensitive posts on his “X” account in support of the Palestinian cause.
In response, Master accepted responsibility for his social media posts but denied they meant he would be biased when taking judicial decisions.
The lay magistrate said he took his role extremely seriously and would never consciously let his own opinions have any impact on his judicial role. He had not referred in any of his posts to his status as magistrate.
Posts on X
A quick check revealed posts by someone of the same name from the same city who supported the same cause.
The Kirk Master who wrote these posts is a former assistant mayor in Leicester and a former deputy police and crime commissioner. The Jewish News reported in March 2023 that Master, who had been elected to Leicester city council in 2019, was deselected by the Labour Party ahead of the local elections that year. He had previously urged Jewish leaders in Leicester to “condemn the killings of the innocent and Palestinian people”.
Finding
A nominated member of the Midlands Conduct Advisory Committee found that Master, “in posting on a politically sensitive matter, had not demonstrated the standards expected of a judicial office holder”.
In recommending formal advice — the least serious sanction available — the nominated member “concluded that Master had failed to take into account that his posts could cast doubt on his independence and impartiality”. This, and the potential to damage the reputation of the magistracy, amounted to misconduct.
That recommendation was accepted by Mr Justice Keehan, who handles these cases on behalf of the lady chief justice. It was also accepted by the lord chancellor, Shabana Mahmood MP. In issuing formal advice, they took into consideration that Master had no previous findings of misconduct against him, that he had accepted responsibility for his actions and that he had agreed to reflect on the consequences of what he had done.
It’s not known whether the advice was purely formal or whether Master was advised to take down the posts he had previously published. Nor is it known what he concluded after reflecting on the consequences of his actions.
The most recent post about Palestine on the Kirk Master X account appeared last June, which may have been when around the time Master was informed of the complaint. But the account’s profile picture — which appears on every post — is a raised fist in the colours of the Palestinian flag. And more than 25 pro-Palestinian posts — including what appear to be photographs of Master wearing a keffiyeh — were still displayed on the X account after the misconduct finding was published on Friday.
Here is a selection:
Recent guidance addressed to judges and magistrates tells them not to express views on social media about government policy and decisions, the legal system, political issues or controversial social issues. It warns them of the risk of undermining trust and confidence in the judiciary by expressing, or by appearing to endorse, views that could cast doubt on their objectivity.
The guidance says specifically that:
social media misuse does not become acceptable because
you were acting in a private capacity
you did not refer to your judicial role
“Discussing politically neutral issues, or legal issues unconnected with the judge’s work, on social media may not offend the principle of judicial independence,” the lady chief justice told magistrates and other members of the the judiciary last month. But, added Baroness Carr, “demonstrating strong political leanings… could present difficulties for those who may have to carry out judicial functions in cases involving the government of the day or politically charged issues.”
Comment
Drawing the line between a robust expression of opinion and comments that can undermine confidence in the judiciary must always be a matter of judgement — but that is what we require of magistrates and other judicial office holders.
I make no comment on the content of what appeared on this X account. But continuing to publish opinions and images after being advised that they were so politically sensitive as to amount to misconduct does not suggest the level of judgement we are entitled to expect from holders of judicial office.
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