A part-time judge has been handed a misconduct warning after he admitted having a “sexual encounter” at his judicial Chambers.
Recorder Paul Kirtley faced disciplinary proceedings after he was reported to the Judicial Conduct Investigations Office (JCIO) by his former partner.
“A complaint was made… alleging that Recorder Kirtley engaged in sexual intercourse with the complainant in his judicial chambers over 15 years ago, while they were in a relationship”, a ruling set out.
When questioned over the incident, Mr Kirtley – a respected barrister who has sat as a Recorder for more than 25 years – admitted the incident had happened.
“Recorder Kirtley admitted that the sexual encounter, with his then-partner, had taken place as alleged and accepted that his conduct had been inappropriate”, the JCIO said.
“He also expressed shame and offered his unreserved apologies.”
The disciplinary proceedings were initially overseen by an unnamed judge, who found the Chambers sex amounted to misconduct.
Those who sit as judges are expected to behave in ways that “maintain and enhance the confidence of the public, the legal profession and litigants, court staff and colleagues”, and they are told to “avoid situations which might reasonably reduce respect for judicial office or might cast doubt upon their judicial impartiality; or which might expose them to charges of hypocrisy by reason of their private life”.
Recorder Kirtley put forward mitigation, saying the incident had been “a one-off, consensual encounter that took place over 15 years ago”.
But the judge in charge of proceedings concluded that “a judge engaging in such activity in their judicial chambers would risk reducing respect for judicial office”.
The case was then handed to the Lady Chief Justice, Baroness Carr and Lord Chancellor Shabana Mahmood, who agreed to the punishment of a formal warning.
Brief details of the incident have been posted on the JCIO website, along with the outcome of the disciplinary proceedings.
No details were given about where exactly the sexual encounter took place, or when the misconduct complaint was made.
