A sheriff who behaved inappropriately towards two women is to be removed from judicial office.
First Minister John Swinney announced the move after an independent tribunal report last month found that Sheriff John Brown’s “misbehaviour” renders him unfit for the role.
The tribunal found that Sheriff Brown had kissed a woman referred to as C on the lips in 2001 or 2002 and, on another occasion in or around 2004, had squeezed her buttocks, with both incidents “unwelcome and unexpected” to her.
It also found that he made an inappropriate remark to a woman referred to as D, touched her on the cheek and hugged her in 2018.
In its report, the tribunal said its findings “raise manifest and serious concerns as to the character and integrity” of Sheriff John Brown – known as Jack.
It said: “The public rightly expect that the considerable powers vested in a judge will be exercised by people with high personal standards.
“Standing the nature and gravity of our findings, we cannot say that JOH (judicial office holder) would have the confidence of those appearing before him.
“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.”
The latest tribunal came after an earlier tribunal, in March 2021, found that while Sheriff Brown acted inappropriately, he 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 other evidence from other witnesses.
A fresh tribunal was convened in September 2022 and published its findings in spring 2024.
Under the Courts Reform (Scotland) Act 2014 Act, 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, on Tuesday, laid an order before the Scottish Parliament that will mean Sheriff Brown, who sits in the Sheriffdom of Grampian, Highland and Islands, is removed from office on June 7 2024.
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 spokesperson 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.”