Victorian magistrate Vicky Prapas has been reprimanded by the state's judicial watchdog for a series of inappropriate remarks, including telling a court user 'I want to slap you around a bit, too.' The Judicial Commission of Victoria substantiated allegations that the magistrate made threatening or intimidating remarks to legal practitioners who proposed to make or support complaints against her, which it said amounted to a 'pattern of victimisation.' The commission referred the bulk of the complaint to Chief Magistrate Lisa Hannan with recommendations that she counsel Prapas.
The commission opened its investigation after Victoria Legal Aid complained about Prapas' rotation through a Melbourne drug court. Among the remarks investigated were asking a court user 'Do you reckon the substance is screwing with the way you're thinking?' and asserting that another person 'believes their own bullshit', the latter comment made in the presence of a school group. The commission also found the magistrate made an offensive comment about a person from a marginalised group and an unprofessional remark about a fellow judicial officer.
Drug court proceedings, the commission acknowledged, can warrant 'open and frank' discussions. However, it said 'these features do not displace a judicial officer's obligation to afford all court users civility and respect.'
In the commission's written decision, Prapas acknowledged her conduct in some instances had been 'unfiltered and intemperate' and said she would have expressed herself differently with hindsight. She referred to the unique jurisdiction of a drug court, noting her intention was to promote participant recovery, accountability and community safety within its therapeutic framework. She said she had reflected carefully on the matters and taken steps to ensure her communication remained effective and respectful.
Some allegations, including that the magistrate demonstrated cultural insensitivity, were not substantiated. The commission recommended Prapas familiarise herself with its conduct guidelines and attend an educational event within a year.
Analysis
Why This Matters
- The case highlights the balance judicial officers must strike between the informal approach of specialist courts like drug courts and their obligation to maintain civility and respect.
- The commission's finding of a 'pattern of victimisation' raises concerns about protections for legal practitioners who raise complaints against judicial officers.
- The outcome sets a precedent for how judicial misconduct in therapeutic court settings is handled.
Background
The Judicial Commission of Victoria is the state's independent watchdog for judicial conduct. It investigates complaints about magistrates, judges and other judicial officers. Drug courts are specialist courts that aim to address underlying substance abuse issues through supervision and treatment rather than solely punishment, allowing for more direct engagement from the bench.
Key Perspectives
Judicial Commission of Victoria: found the magistrate's comments inappropriate and amounting to a pattern of victimisation, while acknowledging drug court proceedings can involve open discussion.
Magistrate Vicky Prapas: acknowledged her conduct was unfiltered and intemperate but emphasised her intention to promote recovery within the drug court's therapeutic framework.
What to Watch
- Whether Chief Magistrate Lisa Hannan's counselling leads to changes in Prapas' behaviour or any further complaints.
- Whether the commission's recommendation for Prapas to attend an educational event within a year results in any further findings if not complied with.
- The broader response from Victoria Legal Aid and legal practitioner groups to the commission's handling of the complaint.
Checked
12 claims in this story checked against 1 source: 12 supported.
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- SupportedThe headline says a Victorian magistrate was reprimanded over language in court.World news | The Guardian: “‘I want to slap you around a bit, too’: Victorian magistrate reprimanded over language in court.”
- SupportedVicky Prapas was found to have made a series of inappropriate remarks.World news | The Guardian: “The remark was one of several made by Victorian magistrate Vicky Prapas that the state’s judicial watchdog has found to be inappropriate.”
- SupportedPrapas told a court user, “I want to slap you around a bit, too.”World news | The Guardian: “A magistrate who told a court user “I want to slap you around a bit, too””
- SupportedThe commission substantiated allegations that Prapas made threatening or intimidating remarks to legal practitioners who proposed to make or support complaints against her.World news | The Guardian: “The investigation substantiated a range of allegations, including that the magistrate made threatening or intimidating remarks to legal practitioners when they proposed to make or support complaints against her.”
- SupportedThe commission said those remarks amounted to a “pattern of victimisation.”World news | The Guardian: “Those comments amounted to a “pattern of victimisation”, the commission found.”
- SupportedThe watchdog opened its investigation after receiving a Victoria Legal Aid complaint concerning Prapas’ rotation through a Melbourne drug court.World news | The Guardian: “The watchdog opened the investigation after receiving a complaint from Victoria Legal Aid concerning Prapas’ rotation through a Melbourne drug court.”
- SupportedThe brunt of the complaint was referred to Chief Magistrate Lisa Hannan with a recommendation that she counsel Prapas.World news | The Guardian: “The brunt of the complaint was referred to the chief magistrate, Lisa Hannan, with recommendations she counsel Prapas.”
- SupportedPrapas asked a court user, “Do you reckon the substance is screwing with the way you're thinking?”World news | The Guardian: “Others included asking someone in court: “Do you reckon the substance is screwing with the way you’re thinking?””
- SupportedPrapas said another person “believes their own bullshit”.World news | The Guardian: “asserting that another person “believes their own bullshit”.”
- SupportedThe “believes their own bullshit” comment was made in the presence of a school group.World news | The Guardian: “The latter comment was made in the presence of a school group, the judicial commission of Victoria said in its findings last week.”
- SupportedThe commission acknowledged that drug court proceedings can warrant “open and frank” discussions, but said this did not remove a judicial officer’s obligation to treat court users with civility and respect.World news | The Guardian: “The watchdog acknowledged drug court proceedings can warrant “open and frank” discussions. “However, these features do not displace a judicial officer’s obligation to afford all court users civility and respect,” it said.”
- SupportedIn the written decision, Prapas acknowledged that her conduct in some instances had been “unfiltered and intemperate.”World news | The Guardian: “Prapas acknowledged, among other things, that her conduct in some instances had been “unfiltered and intemperate””