The judicial oversight body for the Australian state of Victoria has determined that Judge Vicky Prapas made a series of inappropriate comments during court proceedings, including a statement directed at a court user: "I would like to hit you a bit." This statement was one of several that the oversight body deemed inappropriate.
In a decision published last week, the Victorian Judicial Commission noted that Prapas asked someone in the courtroom: "Do you think that substance affects the way you think?" She also claimed that another person "believes in their own nonsense." The Commission highlighted that this comment was made in the presence of a school group.
The investigation was launched after Victoria Legal Aid filed a complaint regarding Prapas's conduct at the Melbourne Drug Court. The investigation confirmed a number of allegations, including that the judge made threatening or intimidating remarks to legal professionals when they intended to file or support complaints against her. The Commission characterised these comments as 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. In the written decision, Prapas acknowledged that her behaviour in some cases had been "unfiltered and disproportionate" and that, with the benefit of hindsight, she would have expressed herself differently.
The judge referred to the unique jurisdiction of the Drug Court, stating that her intention was to encourage participant recovery, accountability and community safety within a therapeutic framework. She said she had carefully considered the issues raised and taken steps to ensure her communication remained effective, respectful and less prone to misunderstanding.
The oversight body could not confirm some allegations, including the claim that the judge displayed cultural insensitivity. The Commission acknowledged that proceedings at the Drug Court may require "open and honest" discussions, but emphasised that these characteristics do not remove the obligation of a judicial officer to provide courtesy and respect to all court users.
The main complaint was referred to Chief Justice Lisa Hannan, with a recommendation that she counsel Prapas. The oversight body also recommended that Prapas be made aware of their conduct guidelines and attend an educational event within one year.
