Also shared ‘politically sensitive’ posts
A magistrate has been handed a formal warning for a number of social media discretions, including checking into court on his Facebook account.
David Payne received the warning from the Judicial Conduct Investigations Office after he was referred to the Midlands Conduct Advisory Committee over his social media activity.
Payne identified himself online as a “Presiding Justice”, and checked into Wolverhampton Magistrates Court on Facebook when he was sitting there. He also shared posts on “politically sensitive” topics, including refugees and the government’s winter fuel policy.
In his defence Payne said that he has a “limited understanding” of how Facebook works, with his account set up by a family member. He stated that he used the check-in feature to keep in touch with relatives abroad, and that he shared the posts because “he thought they were humorous”.
With an unblemished record for 34 years, Payne admitted that he was not aware of the judicial guidance on the use of social media, although having read it he realised that “others may see the posts differently”. He has since deleted his account.
Following an investigation Mr Justice Keehan found that Payne had “not exercised sound judgment” and had failed to follow, or make himself aware of, the guidance on using social media. The magistrate should have known, he said, that his action would be “unacceptable” and would “risk bringing the judiciary into disrepute”.
In deciding that a formal warning was the appropriate sanction Payne’s unblemished record was taken into account alongside his “genuine remorse” and quick action in removing the account.
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