Victorian magistrate Vicky Prapas has been found to have used inappropriate and offensive language in court, following an investigation by the Judicial Commission of Victoria. The inquiry substantiated several allegations, including that the magistrate made threatening remarks to legal practitioners and used unprofessional language in front of a school group.
Findings of the Judicial Commission of Victoria
The commission’s investigation, prompted by a complaint from Victoria Legal Aid regarding Prapas’ time at a Melbourne drug court, identified a series of problematic interactions. These included a comment to a court user that she wanted to “slap you around a bit, too,” and a question to another individual asking if a substance was “screwing with the way you’re thinking.”
The commission also found that Prapas asserted a person “believes their own bullshit” while a school group was present in the courtroom. Furthermore, investigators concluded that the magistrate’s behavior toward legal practitioners who intended to file complaints against her constituted a “pattern of victimisation.”
Did You Know? The investigation into Magistrate Prapas was initiated after Victoria Legal Aid formally lodged a complaint concerning her conduct during her rotation through a Melbourne drug court.
Context of the Drug Court Jurisdiction
In her written response, Prapas acknowledged that her conduct was “unfiltered and intemperate” and stated she would have expressed herself differently with the benefit of hindsight. She maintained that her remarks were made within the specific context of a drug court, where she aimed to promote participant recovery and accountability.
While the commission recognized that drug court proceedings may involve “open and frank” discussions, it clarified that these circumstances do not override the requirement for judicial officers to treat all court users with civility and respect. The watchdog did not substantiate all allegations, noting that claims regarding cultural insensitivity could not be confirmed.
Expert Insight: The commission’s findings highlight the tension between the therapeutic goals of specialized drug courts and the rigid standards of judicial conduct. By emphasizing that therapeutic frameworks do not grant license for intimidation, the watchdog has set a clear boundary for how magistrates must balance informal communication with professional decorum.
Future Requirements for Magistrate Prapas
The commission has referred the matter to the Chief Magistrate, Lisa Hannan, with the recommendation that she counsel Prapas regarding her conduct. Additionally, Prapas is expected to familiarize herself with the commission’s official conduct guidelines. As part of the resolution, the magistrate has been directed to attend an educational event within the next year.
Frequently Asked Questions
What specific remarks led to the investigation?
The investigation covered several comments, including the magistrate telling a court user she wanted to “slap you around a bit, too.” Other remarks included asking if a substance was “screwing with the way you’re thinking” and stating that a person “believes their own bullshit.”
Were all allegations against the magistrate substantiated?
No. The judicial commission of Victoria was unable to substantiate all claims, specifically finding that allegations regarding cultural insensitivity could not be confirmed.
What is the next step for the magistrate?
Magistrate Prapas is expected to undergo counseling from Chief Magistrate Lisa Hannan. She is also required to review the commission’s conduct guidelines and attend an educational event within the next 12 months.
How might these findings influence the balance between therapeutic engagement and professional conduct in future drug court proceedings?
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