The Judicial Conduct Investigations Office (JCIO) found, in asking this personal question of an advocate, DJ Harmes did not treat her with respect and dignity, thus breaching expected standards of behaviour. However, it noted he immediately realised his error, and apologised following the hearing.
The JCIO found DJ Harmes had believed she was finding the hearing difficult, so asked her the question in an attempt to enquire about her wellbeing. It found the question was a genuine error of judgment and was not intended to offend, but was objectively likely to cause embarrassment when asked of a female advocate.