Judge issued formal advice
A judge who helped a solicitor enter a court building through an “alternative entrance” after they refused to comply with security checks has been issued with formal advice.
Judge Jenna McKinney, who was sitting as a magistrate at the time, let the unnamed duty solicitor back into the court building through another entrance after they had previously been denied re-entry by security staff.
The solicitor’s subsequent re-entry via other means led to “a dispute between the solicitor and security staff, resulting in the solicitor having to be restrained,” the JCIO said in a statement.
At the time, McKinney held appointments as both a magistrate and a tribunal judge. She has since stepped down from the magistracy but continues to sit in the Immigration and Asylum Chamber.
In her explanation to investigators, McKinney said she believed the bench needed to find a way to deal with the solicitor’s absence, as they were due to represent several parties in a case that was about to begin. Her intention, she said, was to ensure the hearing could proceed.
She accepted in hindsight that her actions were inappropriate and apologised.
The JCIO noted that judicial office-holders are expected to maintain confidence in their impartiality and to comply with court security policies. Following an investigation under the Judicial Conduct Rules 2023, a nominated judge found McKinney’s actions amounted to misconduct.
However, the judge considering the case took into account McKinney’s previously unblemished record, full engagement with the investigation, and the fact she had not been assisted by others present at the time.
With those mitigating factors in mind, the judge recommended a sanction of formal advice — the lowest level of disciplinary action available. The recommendation was accepted by the Senior President of Tribunals, on behalf of the Lady Chief Justice and with the agreement of the Lord Chancellor.
(
(
