Judge insists sex with ex-partner in his chambers was a ‘one-off’ fling

An advocate carries his wig outside Edinburgh Sheriff Court. PA Photo. Picture date: Thursday January 23, 2020. Photo credit should read: Jane Barlow/PA Wire
The sex act would harm the ‘respect’ people have for judges, a ruling said (Picture: PA)

A judge has been sanctioned after admitting to having sex in his chambers over 15 years ago.

Recorder Paul Kirtley admitted to the judicial watchdog that he had an ‘inappropriate encounter’ with his then partner 15 years ago.

His ex, however, later reported him for the ‘one-off’ fling to the Judicial Conduct Investigations Office (JCIO).

Kirtley, a barrister who has been a Recorder since 1999, admitted to investigators that he had sex in his judicial chambers.

A ruling by the JCIO, published yesterday, said: ‘Recorder Kirtley admitted that the sexual encounter, with his then partner, had taken place as alleged and accepted that his conduct had been inappropriate.

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‘He also expressed shame and offered his unreserved apologies.’

An advocate takes part in a Supreme Court public hearing in the City Chambers, Edinburgh, the first time that the UK's highest court has sat outside London.
Recorder Kirtley said the sex was a ‘one-time’ thing (Picture: PA)

The part-time judge had asked for mitigation, given that it was a ‘one-off, consensual encounter that took place over 15 years ago’.

But a judge ruled that Kirtley’s actions amounted to misconduct – having intercourse in a chamber isn’t quite permitted by their code of conduct.

The Guide to Judicial Conduct says judicial office holders ‘should avoid situations which might reasonably reduce respect for judicial office or might cast doubt upon their judicial impartiality; or which might expose them to charges of hypocrisy by reason of their private life’.

In a statement, the JCIO said: ‘The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Recorder Paul Kirtley with a formal warning for misconduct.’

Formal warnings are one of the lesser sanctions the JCIO can impose, only issued if an office-holder has ‘acted so inappropriately that they need to be put formally on notice’.

Judges should have ‘known’ that the misconduct could harm the judiciary’s reputation, according to a JCIO handbook.

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