The
Lord Chancellor's statutory powers are limited to the dismissal
of judicial office holders, below the level of the High Court Bench,
generally on the grounds of misbehaviour and incapacity and these
are accordingly exercisable only in extreme cases.
There have been no instances in 2000/2001 where it has been necessary
for the Lord Chancellor to exercise these powers when considering
complaints. But, as Head of the judiciary, the Lord Chancellor is
able to guide, counsel, advise or rebuke with a view to ensuring
that judges uphold the standards of conduct which the public and
he expects of them.
The Lord Chancellor takes a close personal interest in the handling
of complaints, particularly those alleging racial or sexual discrimination.
He also sees all serious complaints, most notably those alleging
racial or sexual discrimination; and those which have attracted,
or appear likely to attract, publicity. In addition he sees all
cases in which there is a record of similar complaints from several
different sources about the conduct of a particular judge. He always
replies personally to complaints in these categories and to those
received from Peers and Members of Parliament or the Assembly or
Parliament Members in the devolved administrations.
Officials in the Judicial Correspondence Unit acting on behalf of
the Lord Chancellor will generally draw the complaint to the attention
of the member of the Judiciary concerned and give him or her an
opportunity to comment. However, the Lord Chancellor does not simply
relay the judge's response back to the complainant.
Instead he is committed to giving proper consideration to the judge's
recollection of events and to the complainant's perception of what
happened before coming to a conclusion based on the weight of evidence
before him. Where necessary, therefore, officials will call for
transcripts or other additional information and present this for
consideration. The complainant receives a full reply and a copy
is sent to the judge.
The Judicial Correspondence Unit was set up by the Lord Chancellor
in 1998 with specific responsibility for complaints handling. The
Unit aims to deliver a high quality service and was enlarged in
May 2000 to meet the demand for an increasingly rigorous style of
investigation.
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