England: Judge who used c-word cleared of misconduct
A judge who responded in kind to a defendant who called her a c*** has been cleared of misconduct.
As he was being sentenced at Chelmsford Crown Court for his ninth breach of an anti-social behaviour order in 11 years, John Hennigan, 50, directed the offensive term towards Judge Patricia Lynch QC.
Her response prompted some people to complain to the Judicial Conduct Investigations Office (JCIO).
Judge Lynch called in 1979 and was appointed a circuit judge in 2014. She sentenced Mr Hennigan to 18 months’ imprisonment after he made racist slurs towards a black Carribean woman in Harlow.
She has since “apologised unreservedly for her remarks” and told investigators they were a “momentary lapse of judgment which should have never happened”.
A report from the JCIO to one of the complainants states: “Although the Lord Chancellor and Lord Chief Justice considered HHJ Lynch’s remarks to be inappropriate, they did not find that they amounted to misconduct or warranted disciplinary action.”
It added: “With the agreement of the Lord Chancellor, the Lord Chief Justice therefore advised HHJ Lynch to ensure that she responded appropriately in court at all times.”