Marcus Smith J: Letter was “plainly inappropriate”
A male High Court judge who expressed his love for a young female member of staff has received a reprimand for serious misconduct, the most serious sanction short of removal from office.
An investigation found that Mr Justice Marcus Smith had “shown little insight into why his actions were so wrong”.
He had “not acknowledged the romantic aspect of the letter, focussing instead on his own circumstances and feelings”.
Sir Marcus, who is 57 and joined the High Court bench in 2017, is currently president of the Competition Appeal Tribunal.
A notice published by the Judicial Conduct Investigations Office (JCIO) said it received a complaint in May which alleged that the judge had passed a handwritten letter to a young woman member of staff, to whom he had previously confided and asked to go on walks with him, “referring to a number of personal matters and his feelings for her”.
It stated that he loved the young woman and wanted to know her feelings in return.
The letter caused her to feel “distressed, angry, let down and devalued”, the JCIO reported.
She reported the matter to the CAT management, stating that she did not want to work with the judge again or cross paths with him.
In his response to the complaint, Sir Marcus acknowledged that the letter was “plainly inappropriate” and that it had caused the woman significant emotional distress.
He said he had not intended to pressure or take advantage of the young woman: “He admired her intellect and enjoyed working with her.”
On reflection, the judge claimed that he realised that he had been ignoring warning signs about his workload and health and that the letter was “a poorly framed attempt to reach out to her for support and to discuss his problems with her”.
He gave an assurance that there would be no repeat of such behaviour. “He would be taking immediate steps to address the underlying issues which he believed had led him to act as he did.”
A judge nominated to investigate the case found that Sir Marcus’s actions amounted to serious misconduct.
“By giving the letter to the young woman, he was clearly expressing his love for her and that he wanted to take things further. His actions were part of a course of escalating conduct towards a young woman, a junior member of staff who was in a very vulnerable position in relation to him.
“He had abused his position and crossed lines which should not be crossed. It was unsurprising that the complainant had been distressed. The impact on her was likely to be lasting.”
In recommending a reprimand, the nominated judge concluded that Sir Marcus “had shown little insight into why his actions were so wrong. He had not acknowledged the romantic aspect of the letter, focussing instead on his own circumstances and feelings”.
The Lady Chief Justice, Baroness Carr, and Lord Chancellor Shabana Mahmood agreed with the recommendation.
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