Powell reportedly called the course content “offensive” and challenged the trainers at the session
UK High Court judge Michael Keehan has issued formal advice for misconduct against magistrate Clive Powell over his supposed disruption of a judicial training session, reported the Law Society Gazette.
A complaint was filed at the Judicial Conduct Investigations Office that accused Powell of “aggressively criticizing” the course content. Per a JCIO spokesperson, he had called the content “offensive” and challenged the session’s trainers.
Other attendees were reportedly uncomfortable at Powell’s behaviour. They recommended that he either depart or flag his concerns through appropriate channels.
“It was further alleged that Mr Powell raised his voice, persisted in pressing his concerns despite efforts to move the session on, and remarked to another delegate that the session was ‘a day of his life he would not get back’,” the JCIO spokesperson said in a statement published by the Gazette.
Powell denied displaying inappropriate conduct and claimed he did not act as the complaint described. He alleged that other magistrates had taken issue with the training and said that those in charge of the training session were “dismissive and unwilling to engage,” per a statement published by the Gazette.
He claimed that the course “caused him significant distress due to previous personal experiences” that had significantly affected his wellbeing. He said the course developers and trainers failed to fulfil their duty of care given that he was facing personal issues.
An investigation corroborated the complaint’s account. While the JCIO acknowledged Powell’s circumstances, it said in a statement published by the Gazette that those experiences “did not excuse his behaviour.”
The office described his conduct as “clearly inappropriate, discourteous, and unprofessional” given that he had “several more appropriate options available to him, including seeking exemption from the training or raising concerns through appropriate channels.” Moreover, Powell did not display “contrition or awareness of the impact of his behaviour on others,” per a statement published by the Gazette.
The JCIO determined that Powell’s behaviour posed significant harm and risk of harm to the trainers and to other attendees. Keehan issued the formal advice for misconduct on behalf of lady chief justice Sue Carr and with the approval of lord chancellor David Lammy; Keehan considered Powell’s service as a magistrate and his personal issues as mitigating factors.
Powell is a bench chair for Avon and Somerset.