Sheriff to be removed from office for 'misbehaviour' towards women
A Sheriff who behaved inappropriately towards two women is to be removed from office.
First Minister John Swinney announced the move after an independent tribunal report last month found Sheriff ‘Jack’ Brown unfit for the role.
The tribunal found that the judge had kissed a woman referred to as C on the lips in 2001 or 2002.
Furthermore, on an occasion in or around 2004, he had squeezed her buttocks – with both incidents ‘unwelcome and unexpected’.
It also found that, in 2018, he made an inappropriate remark to a woman referred to as D, touched her on the cheek and hugged her.
In its report, the tribunal said its findings ‘raise manifest and serious concerns as to the character and integrity’ of Sheriff John Brown, commonly known as Jack.
A tribunal found Sheriff Jack Brown behaved inappropriately towards two women
Delivering its conclusions, the tribunal said: ‘The public rightly expect that the considerable powers vested in a judge will be exercised by people with high personal standards.’
Given the ‘nature and gravity’ of its findings, it could not say the sheriff would have the confidence of those appearing before him.
The report added: ‘In our view, his continuance in office would be likely to impact on public trust in the due administration of justice in our courts and bring it into disrepute.’
An earlier tribunal, in March 2021, found that 64-year-old Sheriff Brown, who has been suspended since the allegations came to light in 2018, acted inappropriately but was not unfit to hold judicial office.
That tribunal’s decision was quashed by the Court of Session in 2022 on the basis that it had proceeded in ignorance of the availability of evidence from other witnesses. A fresh tribunal was convened in September 2022 and published its findings earlier this year.
Under the Courts Reform (Scotland) Act 2014, if a tribunal reports to the First Minister that a judicial office holder is unfit to hold office by reason of inability, neglect or misbehaviour, the First Minister may remove them from office.
Mr Swinney yesterday laid an order before the Scottish parliament to remove Sheriff Brown, who sits in the Sheriffdom of Grampian, Highland and Islands, on June 7.
The First Minister said: ‘Given the nature and gravity of the tribunal’s findings, there are compelling reasons to remove Sheriff Brown. The tribunal has reported serious concerns as to his character and integrity, contrary to the standards of conduct and probity expected of anyone holding judicial office.’
A spokesman for the Judicial Office for Scotland said: ‘It is clear the sheriff’s conduct was completely unacceptable, especially for someone who has been appointed to uphold the law. This type of behaviour cannot and will not be tolerated.’
The sheriff has been suspended on his salary of £157,705 since December 2018 – meaning he has been paid nearly £950,000 for staying at home.
A woman who claims she was sexually harassed by Sheriff Brown tried to sue Lord Advocate Dorothy Bain for £120,000, claiming the Crown was ‘vicariously liable’, but the action was thrown out by the Court of Session.
