Canadian Lawyer

6 N o v e m b e r / D e c e m b e r 2 0 1 4 w w w . C A N A D I A N L a w y e r m a g . c o m A complaint filed against a Labrador judge by the Law Society of Newfoundland and Labrador has been dismissed by the Judicial Complaints Panel, but the panel's decision does bring some ethical clarity to a grey area. At issue was a reference letter written by Provincial Court Judge Harold Porter on behalf of his friend Robert Regular, a lawyer found guilty of professional misconduct by the law society who was preparing to appear before a discipline tribunal to receive his penalty. The law society considered the judge's positive character reference — written on judicial letterhead and recommending a private reprimand — inappropriate along with his appearance at the hearing. It tendered a formal complaint. The adjudication tribunal of the Judicial Complaints Panel found there was no judicial misconduct. On the issue of the reference letter, the panel looked more to what was currently being done in this area to reach its conclusion and less to the code of ethics adopted by the Provincial Court. "We do not find that there was an ascertainable standard which [the judge] breached. This finding is based substantially on the existing common practice," the tribunal stated in its 12-page decision. That common practice was reinforced by the judge's lawyer, Raj Anand, who filed a book of documents containing approx- imately 80 character reference letters sent by judges from all levels of courts and across the country to various administra- tive bodies. Most of the letters were sent on court letterhead and were signed by the author as a judge. Many included an opinion or submission on what sanction would be appropriate. Although the tribunal dismissed the complaint, there is a silver lining for the law society, says executive director Brenda Grimes. "The members of the adjudication panel did find that the inclusion in the reference letter of a recommendation on the disposition . . . was inappropriate and an error of judg- ment because it offended the principle that a judge should be seen as impartial, objective, and independent. As such, the deci- sion now provides some guidelines for the future as to what may or may not be appropriate in the context of a letter of reference provided by a judge." The tribunal, which included two judges, acknowledged this was a grey area of judicial ethics. They noted all participants in the process knew Porter was a judge and the letter was not sent for personal gain or in bad faith. The letter had also been vetted by experienced legal counsel before it was submitted. — DoNALEE MoULToN donalee@quantumcommunications.ca referenCe letter from Judge not wholly AppropriAte e Immigration Line Jennifer Nees lets us know what's on the mind of the immigration bar. November 24 Class Acts Kirk Baert's column takes a critical look at class action litigation across the country. November 24, December 29 Make it Count Pro tips on business development and legal marketing from the CMo at field Law in Alberta, Simone Hughes. December 8 Defi nitely Mabey Stephen Mabey examines the thorny issues facing law fi rm management. December 1 Letter from Law Law Land wit and wisdom from vancouver's Tony Wilson. December 29 Making Rain Executive coach Debra Forman's video column on career and business development. November 24, December 29 Trials & Tribulations Margaret Waddell ruminates on issues of import and interest to litigators. December 8 e Future Files Toronto lawyer and legal tech evangelist Ben Hanuka brings you the latest tech news for your practices. December 8 webTV TV webTV Get information on the latest legal trends, practice management, careers, insights into practice areas, and more. . . this month eXCluSiVelY on m a g . c o m e IT Girl Lisa Lifshitz's column looks at the intersection of law and technology. December 15 e Twila Zone Twila Reid shares her views on life and practice from her vantage point in st. John's. December 15 RegionAl wRAp-up atlantiC David Paul's Field Notes Tips for the solo and small fi rm from B.C.'s David Paul. December 15

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