More Victorian judges, magistrates disciplined over bad behaviour

Stealing booze, rudeness and bullying are just some of the complaints made against Victoria’s judges and magistrates amid rising accusations of bad behaviour.

Four complaints a week are being made against judges and magistrates as more judicial officers than ever are being disciplined for bad behaviour.

A Herald Sun investigation found the Judicial Commission of Victoria has received a staggering 1110 complaints since it was established in 2017 to investigate allegations against officers of the law.

Seven complaints were escalated to the head honchos of the state’s courts and tribunals for officers to be reprimanded last financial year, the highest annual figure in the independent body’s five years of operation.

But nine judicial officers avoided any action after they retired or resigned amid probes into serious allegations in the five years to July 31 last year, stripping the watchdog of any powers to continue investigating them.

It comes as controversial magistrate Richard Pithouse resigned in disgrace last month amid two investigations into his conduct — both inside and outside of the courtroom.

The complaints included allegations of sexual harassment of a junior solicitor and jailing a woman for a minor offence because of her attitude, leaving her special-needs child stranded at court.

Magistrate Richard Pithouse resigned in disgrace amid two investigations into his conduct. Picture: Hamilton Spectator.

A VCAT member retired in the 2021 financial year “shortly after” a complaint that they had “disregarded a complainant’s evidence”.

Meanwhile, veteran magistrate Rodney Crisp was this month admonished for “bullying” a lawyer, whom he threatened to report to the Attorney-General.

The watchdog described the reserve magistrate’s conduct during a hearing in May last year “as rude, sarcastic, discourteous, and bullying”. He was ordered to undertake counselling and mentoring.

Among the other complaints received in the past five years include judicial officers accused of:

FAILING to disclose an intimate relationship with a lawyer appearing before them;

STEALING booze bought with court funds;

DUCKING back into chambers after representing their spouse in a court matter; and

HAVING a hostile attitude in unrelated court matters to representatives from a law firm involved in a previous complaint against them; and

MAKING critical remarks about a party in a proceeding to a colleague during the lunch break of an online hearing when they thought they were on mute.

Others have been called out for bullying, sexual harassment, bias and discrimination.

Judge Sara Hinchey was investigated by the commission on 92 allegations, most of which were dismissed.

Last financial year, more than half (54 per cent) of the complaints were made against magistrates, with VCAT members the next most complained about (29 per cent) – a reflection, the commission states, on the higher daily case workloads of both jurisdictions.

While the majority of complaints made are dismissed for being trivial, vexatious or relating to a decision of law, several are taken so seriously they’re sent for investigation or referral to court bosses.

In the 2022 financial year, seven complaints led to disciplinary action by the head of the jurisdiction, despite the commission receiving half the complaints on average of previous years, after the introduction of a new triage system.

That figure compared with about three complaints, on average, sent up the chain each year.

A Judicial Commission spokeswoman said greater awareness of the watchdog’s role among the judicial system was a “key contributor to an increase in valid or meritorious complaints”.

But the commission would not be drawn on the fairness of the provision of the Judicial Commission of Victoria Act which means the watchdog is forced to dismiss a complaint or referral if an officer resigns or retires.

“We are unable to comment on motivations or policy considerations arising from the dismissal ground,” she said.

Mr Pithouse was the most complained about magistrate to the judicial watchdog. Photo: Hamilton Spectator.

Magistrate behind highest number of complaints

Controversial magistrate Richard Pithouse was the most complained-about judicial officer to the watchdog in the past five years.

His reputation had lawyers dreading – some even avoiding – his courtroom.

The Herald Sun first exposed him in 2020 over inappropriate comments he made to a sexual assault victim, including she had “buyer’s remorse” and “put herself in that position” as she was intoxicated.

He went on to Twitter after the 2018 hearing to “tweet” about it.

A commission probe found his comments “inappropriate, insensitive and gratuitous” and “could reasonably be construed as victim-blaming”.

Other complaints against him included his failure to stop and report a motor vehicle accident in September 2017.

The commission said Pithouse made a conscious decision to continue driving after crashing into property, displayed an “element of moral turpitude” and failed to respect and observe the law.

This behaviour “infringed the standards of conduct expected of judicial officers”, it claimed.

His words — “Well, it’s her right to get beaten up if she wants to” and “she won’t make statements, she won’t make complaints, what am I to do?” — about a family violence victim in another hearing in November 2017 were also ruled as “inappropriate and insensitive”.

In recent years, Pithouse has had to be repeatedly counselled and underwent training on how to be more courteous in the courtroom.

Chief magistrate Lisa Hannan also performed the tedious task of randomly listening in to some of his hearings to ensure he was behaving himself.

But the complaints continued.

Mr Pithouse mostly presided on cases at Frankston Magistrates Court until he resigned.

In one complaint, lodged last year and ultimately dismissed by the watchdog, Pithouse was accused of not being a “fit and proper person” to remain on the bench.

Complaint documents detailed how a lawyer claimed he was left “traumatised” and considering quitting the profession after allegedly being bullied by Pithouse during a hearing at Frankston Magistrates Court.

He said he would not appear before Pithouse again and knew other lawyers who felt the same.

The complaint also alleged unprofessionalism and insensitivities in dealing with his client, a mother who was in court for the first time for assaulting her child, forcing her to stand up when she was crying in a ball while being sentenced.

In what would set the wheels in motion for his resignation last month, Pithouse was stood down in February amid two further complaints being made to the commission.

The allegations included inappropriate conduct and sexual harassment of a junior solicitor; and another from a lawyer claiming he was “excessively and unnecessarily aggressive and intimidating” towards their client, remanding her on a minor charge due to her “attitude”.

His resignation means the commission has now dismissed the complaints.

Magistrate Rodney Higgins came under intense scrutiny over his romantic involvement with court clerk Ashleigh Petrie, who later took her own life. Picture: Supplied