Guilty Not Guilty – Exposing Injustice in the UK

Disciplinary Statement – Judge Stephen Harmes

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Date: 21 March 2024

District Judge Stephen Harmes

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued District Judge Stephen Harmes with a sanction of formal advice for misconduct.

The Guide to Judicial Conduct reminds judicial office-holders to be courteous, patient, tolerant and respect the dignity of all.

Following an investigation carried out under the Judicial Conduct Rules 2023, a nominated judge found that District Judge Harmes had asked a female advocate if she was pregnant in open court. He believed that she was finding the hearing difficult, so asked her this, he said, in an attempt to enquire about her wellbeing and whether she needed more time to consider her papers.

The nominated judge found that the question was a genuine error of judgment. It was not intended to offend, nor was it asked in the context of criticism or discriminatory treatment. However, it was objectively likely to cause embarrassment when asked of a female advocate, and to cause offence to others hearing it. In asking this personal question of an advocate, District Judge Harmes did not treat her with respect and dignity, thus breaching expected standards of behaviour. However, he immediately realised his error, and apologised following the hearing. The incident was short and not repeated.

District Judge Harmes offered a further apology during the investigation. He took responsibility for his conduct and expressed genuine remorse regarding the distress he caused. He also highlighted his previously unblemished record and positive reputation regarding his treatment of court users. Having considered the mitigation offered by District Judge Harmes, the Lady Chief Justice and Lord Chancellor agreed with the nominated judge’s recommendation.

ENDS