A sheriff at the centre of a sexual misconduct probe has been removed from office.
Former Dundee solicitor Jack Brown was formally struck off by First Minister John Swinney following a damning judicial tribunal ruling.
In a report to the Scottish Parliament, the Aberdeen-based sheriff was said to have behaved “entirely inappropriately” towards a female lawyer and another woman.
It was ruled he was “unfit for judicial office” after he “took advantage of his greater seniority to assert his dominant position.”
Mr Swinney on Tuesday laid an ordered to remove Mr Brown from his £160,000-a-year post in the Grampian, Highland and Islands sheriffdom from June 7.
“Given the nature and gravity of the tribunal’s findings,” said Mr Swinney, “there are compelling reasons to remove Sheriff Brown.”
He added: “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.”
Suspended on full pay
A behind-closed-doors disciplinary hearing, called by former First Minister Nicola Sturgeon, began hearing evidence in January.
Dundee University graduate Sheriff Brown, who set up his own practice in the city in 1996, was suspended on full pay when allegations of sexual harassment emerged against him five years ago.
He was accused by a female lawyer – known as X and referred to as Miss D in the report – of acting inappropriately around her in 2018.
X had alleged inappropriate and unwelcome physical contact towards her, including a claim that he patted her bottom and referred to “your pretty face.”
The sheriff, who denies any “wrongful conduct,” was arrested and charged in relation to the allegations in January 2019.
However prosecutors dropped the case three months later.
Instead, a Fitness for Judicial Office Tribunal was arranged to investigate the claims.
One allegation, that Mr Brown had hugged X and made a remark towards her, was upheld.
The tribunal ruled his behaviour had been “entirely inappropriate” and he had “failed to respect proper professional boundaries.”
However the other allegations made by X had not been established on the balance of probabilities, it found.
The initial tribunal further concluded that Mr Brown’s behaviour did not merit him being removed from office.
A second tribunal was called after lawyers for X challenged the Court of Sessions findings.
Her legal team successfully argued the tribunal had failed to consider statements from the two other women – named as B and C – interviewed by police.
Judge Lord Woolman agreed to quash the decision, noting X had not received a “fair crack of the whip.”
Allegations upheld
In his findings for the Scottish Parliament, tribunal chairman Lord Malcolm stated – in the unanimous view of a four-person panel – “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.”
They upheld allegations that in late 2001 or early 2002 at court, he kissed C on the lips and in 2004 at court, he squeezed her buttocks.
In 2018, in court he touched X on the cheek.
And also in 2018, he was alone in his chambers with X when he remarked: “Much as I would love to chat to your pretty face all day, I’m sure you have better things to do,” before hugging her inappropriately and causing his face to linger on her shoulder.
Lord Malcolm stated Sheriff Brown “took advantage of his greater seniority to assert his dominant position” and his approach to X would have caused her “alarm and distress.”
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