The Judicial Conduct Investigations Office (JCIO) has announced that the Lady Chief Justice, with the agreement of the Lord Chancellor, has issued District Judge Nicola Murphy with formal advice for misconduct following a complaint concerning her conduct towards a barrister during a directions hearing.

According to the JCIO, the barrister alleged that Judge Murphy behaved in a rude, aggressive and bullying manner, unjustifiably criticised his tone despite his attempts to identify himself as counsel, refused to allow him to clarify his role, and ultimately excluded him from the hearing, leaving his client unrepresented.

Judge Murphy denied the allegations, maintaining that her actions were a response to what she perceived as the barrister’s disrespectful and intimidating behaviour. She stated that, despite repeated warnings and references to the court’s zero-tolerance policy, the barrister continued to challenge the court’s authority, prompting his removal from the hearing. She also said her approach was motivated by concerns for safety and maintaining proper courtroom standards.

Following an investigation under the Judicial Conduct Rules 2023, a nominated judge found that confusion arose at the outset of the hearing after the usher introduced everyone merely as the parties, leading Judge Murphy initially to mistake the barrister for his client. After reviewing the audio recording, the nominated judge concluded that the barrister had not behaved impolitely or discourteously and that the judge’s repeated criticism of his tone, including reliance on a zero-tolerance policy, was unjustified.

The investigation further found that excluding the barrister from the hearing, which then proceeded without him, compounded the judge’s rude conduct. While recommending a sanction, the nominated judge took into account Judge Murphy’s previously unblemished disciplinary record.

Accepting the recommendation, the Lady Chief Justice and the Lord Chancellor issued Judge Murphy with formal advice, the disciplinary sanction under the judicial conduct regime, for misconduct.