Racism, drink-driving and improper conduct... the case against judges

There has been a record number of complaints against judges, magistrates and other judicial office holders in the past year.

The Office for Judicial Complaints (OJC) said it looked into 1,434 cases in the first 10 months since its creation, including allegations of racism, drink-driving and other improper conduct. Eight judges and magistrates were removed from the Bench and a further 10 reprimanded. Nearly 400 of the original complaints are still being investigated or are yet to be considered.

The overall figure is surprisingly high. In 2005, the Department for Constitutional Affairs revealed it had investigated 250 complaints of misconduct against jud-ges and tribunal chairmen during the previous year.

The new figures cover the period between 1 April last year to 1 January 2007 and include all complaints, not just those concerning judicial misconduct. Only allegations of misconduct or behaviour that may bring the judiciary into disrepute are taken up by OJC.

In the past year, a number of high-profile cases have made national headlines. The case of the Brazilian cleaner, Roselane Driza, 37, who was convicted of blackmail and theft at the Old Bailey last year exposed the behaviour of two immigration judges. They are still being investigated by the OJC over allegations of bringing the judiciary into disrepute.

This month, a Court of Appeal judge was charged with exposing himself to two women on trains. Lord Justice Richards, who is no longer sitting while the case is being heard, was arrested in January following a complaint about an incident on a train in the South-west last October. A spokeswoman for the OJC said a full report on the case would be published in June this year.

The spokeswoman added that the number of complaints was likely to exceed the 1,434 the agency had received in its first 10 months of work. She said she was unable to break down the figure to show how many of these complaints related to judicial misconduct and could not say how many referred to judges alone.

She declined to name the judges or magistrates who had been removed from the Bench or disciplined. Complaints by members of the public about case outcomes were dismissed by the OJC because they were outside its jurisdiction.

The strain of facing a complaint, many of which unfounded, adds the stress of sitting as a judge

Last week, the Lord Chief Justice, Lord Phillips, said he was not in favour of publishing the names of judges who faced investigation unless they were very serious cases. No disciplinary action can be taken against a judge unless the Lord Chancellor, Lord Falconer, and Lord Phillips agree the case merits it. In a speech given to the Judicial Studies Board Lord Phillips described that as an " important safeguard" for the judiciary. He added: "So far there has only been one case where we have disagreed, and where accordingly the sanction that one of us had proposed was not implemented."

Lord Phillips said he was supporting the introduction of a 24-hour counselling helpline to help judges deal with the emotional problems and stresses of the job. It follows a survey which found that judges felt in need of "practical and emotional support".

The helpline, manned by professional counsellors, will open in April and will be available to all 1,400 full-time judges, from the district bench right up to the Lord Chief Justice.

They can seek advice on stress, bereavement, emotional issues, relationship problems, retirement, general health concerns and the effects of trauma after assaults or accidents.

Judges often feel isolated after the camaraderie they enjoy as lawyers. The nature of the work can be stressful, and if they are seen to make an error they face vitriolic criticism from the press or politicians.

Last year, it was reported that Scotland's most senior judge was being treated in hospital for stress. Lord Hamilton had become Lord President of the Court of Session and Lord Justice General six months earlier.

The work is also emotionally taxing: a judge recently broke down in tears after hearing a mother's emotional statement to the court about the impact of the loss of her daughter, a young doctor, in a car crash.

The Lord Chief Justice became responsible for the welfare of judges in England and Wales under the Constitutional Reform Act 2005.

Under investigation

Mohammed Ilyas Khan

Judge Khan, 60, and another judge identified only as Miss J, are being investigated for unfitting conduct after it was revealed they were part of a love triangle with an illegal immigrant, Roselane Driza, 37, a Brazilian cleaner. Driza was convicted of blackmail and theft.

Alan Mitchell

The 68-year-old magistrate was reprimanded after complaining about 'bloody foreigners' in a Manchester courtroom. He made the remark after dealing with his list of cases. He was overheard by a colleague, who complained, saying she was married to an Iranian and that she was unhappy with his comments.

Ahmed Nadim

A Crown Court recorder, 47-year-old Mr Nadim is being investigated by the Office for Judicial Complaints after a newspaper alleged he had links to a property deal with a fugitive crime boss.