The commission acknowledged Maxted faced a difficult and unanticipated issue when the interpreter suddenly left part-way through the hearing.
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However, the commission found any need to emphasise certain matters did not justify the magistrate drawing attention to the interpreter’s accent.
“The commission was satisfied that a reasonable community member would perceive the officer as intentionally mimicking the interpreter’s accent on two occasions, albeit briefly and without meaning to offend the interpreter,” the findings said.
“Although it did not occur in the interpreter’s presence, the magistrate’s conduct was such that a reasonable person would regard it as showing insensitivity and disrespect towards the interpreter.”
In response to the complaint, Maxted denied he intended to mimic or offend the interpreter.
He acknowledged in a momentary lapse of judgement he “unintentionally mirrored and echoed the interpreter’s statement”.
He expressed to the commission his “total shock” at the interpreter disconnecting from the hearing, and the disruption of that “unexpected departure from the interpreter standards”.
However, Maxted acknowledged repeating “the nature of the interpreter’s words and style of abrupt exit from the court … to emphasise her actual departure”.
In his response to the allegations, Maxted referred to procedural, time, and workload pressures under which magistrates perform their duties.
He said the matter was listed late on a “long and difficult day” and that he showed considerable concern for the affected family member and the respondent.
Maxted apologised for any concern his conduct caused and expressed a commitment to preventing similar incidents.
The watchdog referred the complaint to the chief magistrate with a recommendation that Maxted be counselled about appropriate judicial conduct.
This includes the importance of avoiding stereotypes and the need for magistrates to always show professionalism and sensitivity, even in difficult circumstances.
The Magistrates’ Court has been contacted for comment.
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