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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can I be asked to resign from my post of magistrate because

Customer Question

Can I be asked to resign from my post of magistrate because my husbands company has gone into liquidation. I was a director in name only
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
-Could you explain your situation a little more?

Customer: replied 3 years ago.
I am a chairman at manchester and Salford magistrates. My husbands company went into voluntary administration 3 years ago in may. 2 years ago the company was finally liquidated. I have been sitting on the bench since the onset. Recently I have had a complaint made against me by a disgruntled tenant of one of my rental properties. The chairman of the bench has stood me down for the last 6 weeks awaiting the report from companies house. I did furnish them with the BDO administrators report which apportioned no blame to any director. It did at the time inform the then chairman of the bench of the situation to which it would appear nothing was logged. The head of the legal team has now requested another meeting with me and my representative to discuss further action .
Expert:  Jo C. replied 3 years ago.
What was the complaint?
Customer: replied 3 years ago.
That I was a serving magistrate with a liquidated company . I do have to say that she did taunt me about the complaint which I then see as malicious but that does not seem to matter. The head of the legal team has stated in previous correspondence that I don't have a mis conduct complaint and he didnt consider inappropriate court behaviour. He has however , suggested in a letter to me today that it may be considered an embarrassment to the courts in general
Expert:  Jo C. replied 3 years ago.
No, of course its a malicious complaint. There are not really many complaints that are not malicious to a degree.

I certainly can't see how having a liquidated company makes you ineligible. The eligibility criteria is set out at 2.8 here

http:[email protected][email protected][email protected]/documents/digitalasset/dg_071397.pdf

and mostly it covers criminal offences.

There are powers to remove a Magistrates or DJ who's conduct is such that it would embarrass the office but I'm not sure that a liquidated company is really sufficient.

Unless you were doing something like trading while defunct which is clearly unlawful I'm not sure this would really be embarrassing to the Judiciary.

Customer: replied 3 years ago.
Thanks for that .most helpful
Expert:  Jo C. replied 3 years ago.
No problem.

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