Victorian magistrate reprimanded for telling court user 'I want to slap you around a bit, too'

A Victorian magistrate has been formally reprimanded after the state's judicial watchdog upheld a series of complaints about offensive and inappropriate language she used in court, including telling one court user: "I want to slap you around a bit, too."

The Judicial Commission of Victoria released its findings last week following an investigation prompted by a complaint from Victoria Legal Aid concerning magistrate Vicky Prapas' rotation through a Melbourne drug court.

Among the remarks found to be inappropriate was a question Prapas put to one person in court: "Do you reckon the substance is screwing with the way you're thinking?" In another instance, she asserted that a person "believes their own bullshit", a comment the commission noted was made in the presence of a visiting school group.

The investigation substantiated a range of further allegations, including that the magistrate made threatening or intimidating remarks to legal practitioners when they proposed to make or support complaints against her. The commission found those comments amounted to a "pattern of victimisation".

Prapas was also found to have made an offensive comment about a person from a marginalised group, as well as an unprofessional remark about another member of the judiciary. Some allegations could not be substantiated, however, including a claim that she had demonstrated cultural insensitivity.

In the written decision, Prapas acknowledged, among other things, that her conduct in some instances had been "unfiltered and intemperate", and said she would have expressed herself differently with the benefit of hindsight.

She pointed to the unique jurisdiction of a drug court, saying her intention had been to promote participant recovery, accountability and community safety within its therapeutic framework. She said she had reflected carefully on the matters raised and had taken steps to ensure her communication remained effective, respectful and less susceptible to misunderstanding.

In handing down its findings, the commission accepted that drug court proceedings can at times 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.

The brunt of the complaint was referred to Victoria's chief magistrate, Lisa Hannan, with a recommendation that she counsel Prapas. The watchdog also recommended that Prapas familiarise herself with the commission's conduct guidelines and attend an educational event within a year.