A Victorian magistrate has been reprimanded for mimicking the accent of an interpreter during a family violence proceeding.
A watchdog ruled magistrate Ross Maxted’s conduct lacked the professionalism, respect and sensitivity expected of judicial officers and recommended he undergo sensitivity counselling.
A watchdog ruled magistrate Ross Maxted’s conduct lacked the professionalism, respect and sensitivity expected of judicial officers.Credit: Louie Douvis
The Judicial Commission of Victoria found a reasonable observer would consider that Maxted had portrayed “a culturally insensitive stereotype associated with people of Asian descent speaking English as a foreign language”.
The watchdog also found, in its decision published this week, that Maxted had drawn unnecessary attention to the fact the interpreter spoke with an accent.
As a result, this created the impression members of the stereotyped group may not be afforded equal consideration and respect before the court, the commission found.
The investigation was sparked by a complaint from a legal practitioner and centred on allegations the magistrate impersonated the interpreter’s accent when the woman had left the hearing.
The allegation arose during an intervention order hearing at which the affected family member and the respondent spoke a South-East Asian language.
An interpreter was connected by telephone when the hearing started, but left a few minutes later due to the expiration of the booking.
After the interpreter had left, it was alleged Maxted mimicked the interpreter’s accent.
As part of its investigation, the commission listened to the audio recording of the proceeding.
It acknowledged Maxted faced a difficult and unanticipated issue when the interpreter suddenly left part way through the hearing.
However, it found any need to emphasise certain matters did not justify the magistrate drawing attention to the interpreter’s accent.
“The commission was satisfied that a reasonable community member would perceive the officer as intentionally mimicking the interpreter’s accent on two occasions, albeit briefly and without meaning to offend the interpreter,” the findings said.
“Although it did not occur in the interpreter’s presence, the magistrate’s conduct was such that a reasonable person would regard it as showing insensitivity and disrespect towards the interpreter.”
In response to the complaint, Maxted denied he intended to mimic or offend the interpreter.
He acknowledged in a momentary lapse of judgment he “unintentionally mirrored and echoed the interpreter’s statement”.
He expressed to the commission his “total shock” at the interpreter disconnecting from the hearing, and the disruption of that “unexpected departure from the interpreter standards”.
However, Maxted acknowledged repeating “the nature of the interpreter’s words and style of abrupt exit from the court … to emphasise her actual departure”.
He also referred to procedural, time and workload pressures under which magistrates perform their duties.
He said the matter was listed late on a “long and difficult day” and that he showed considerable concern for the affected family member and the respondent.
Maxted apologised for any concern his conduct caused and expressed a commitment to preventing similar incidents.
The watchdog referred the complaint to the chief magistrate with a recommendation that Maxted be counselled about appropriate judicial conduct.
This includes the importance of avoiding stereotypes and the need for magistrates to always show professionalism and sensitivity, even in difficult circumstances.
In a statement, Victorian Chief Magistrate Lisa Hannan said the recommendations set out by the judicial commission were being implemented.
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