Points don’t win prizes

A solicitor and deputy district judge’s application for a position as a full-time district judge was rejected because he had points on his driving licence.

Graham Jones, family law partner at Smith Llewellyn, was told in December that the Judicial Appointments Commission (JAC) rejected his application because he was not of good character as he had seven penalty points. This was the result of two convictions: one for speeding and the other for failing to obey a traffic signal.

Jones brought a judicial review, but his application failed in the High Court. 

Delivering the lead judgment in Jones v JAC [2014] EWHC 1680 (Admin), Sir Brian Leveson said JAC’s 2013 guidance stated that candidates with more than six penalty points on their licence would “normally” be rejected. He ruled that this guidance was lawful and that JAC made a rational decision.

Sir Brian said it was consistent that an application fail even though an existing judge who acquired six penalty points after appointment might be allowed to continue. There were “important differences” between disciplining those who hold judicial office and appointing new judges. 

However, he concluded: “Given the outstanding success that Mr Jones otherwise had in the district judge competition, however, I conclude by hoping that, as the first of his convictions will fall away later this year, he will consider re-applying when the next competition is launched.”

Last October, the Judicial Conduct Investigations Office launched, taking over from the Office for Judicial Complaints. Under the new, speedier system, complaints will be dealt with in three months rather than one year. In 2012, three tribunal members, 17 magistrates and one judge were removed from office, a further 19 judicial office holders were reprimanded, and 16 resigned.