1st reply from OJC

Reply to the CSP from a letter of complaint sent to the Office for Judicial Complaints regarding District Judge Mitchell.

Thank you for your letter of 4 December outlining further details of your complaint against District Judge Mitchell.

The Lord Chief Justice and Lord Chancellor's responsibilities with regard to judicial conduct are set out in the Judicial Discipline (Prescribed Procedures) Regulations 2006. Regulation 14 (1)(b) states that the OJC must dismiss allegations that are about judicial decision or judicial case management.

It appears from your letter that the evidence you wish to put forward for the judge's alleged racial discrimination is the conclusion that he reached. As I explained in my previous letter, it is not possible for us to comment on a judge's decision. We are only able to consider complaints about the behaviour of Judges. No details of inappropriate behaviour by the Judge appears in your letter.

Therefore, I am afraid that I must dismiss your complaint in accordance with Regulations 14(1)(b) of the Judicial Discipline (Proscribed Procedures) Regulations 2006.

As stated in my previous letter, judicial decisions can only be challenged by way of appeal to a higher court. However, we would recommend you obtain legal advice to find out if an appeal is appropriate in your case.

With respects to the points of law that you have asked us about, I am afraid that we are unable to advice you. I f you wish to know how the Directives you mention apply to Truro County Court, we would recommend that you seek legal advice.

I know that you will be disappointed with the decision in this case, but I hope that I have explained the decision making process and the reasons for my decisions clearly. However, if you would like any further information about the decision in your case please contact me on 020 7189 2937.

If you feel that we have not handled your complaint properly, you can complain to the Judicial Appointments and Conduct Ombudsman, Sir John Brigstock KCB. Please note that the Ombudsman can only consider a complaint about our handling of your complaint. He has no power to investigate your original complaint about the Judge concerned.

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