Canadian Lawyer

February 2012

The most widely read magazine for Canadian lawyers

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concern to Dewar and receiving assur- ances about his future behaviour. "His comments went directly to his capacity as a judge. An apology and some train- ing does the trick, and it's all over in six months," Busby says. "[Douglas is] in trouble because she participated in things that were not illegal in any way, and con- duct that I don't think is incompatible with her position as a judge." At the provincial court level, where each jurisdiction has its own judicial council, misconduct findings are equally rare. The Ontario Judicial Council has held 10 hearings since 1995, but just three of those have resulted in misconduct findings. In 2007, Ontario Court Justice Marvin Zuker was officially warned after he admitted altering court transcripts to remove comments he made about Harry ONTARIO LAWYER'S PHONE BOOK 2012 YOUR MOST COMPLETE DIRECTORY OF ONTARIO LAWYERS, LAW FIRMS, JUDGES AND COURTS With more than 1,400 pages of essential legal references, Ontario Lawyer's Phone Book is your best connection to legal services in Ontario. Subscribers can depend on the credibility, accuracy and currency of this directory year after year. More detail and a wider scope of legal contact information for Ontario than any other source: • More than 26,000 lawyers • More than 9,300 law firms and corporate offices • Fax and telephone numbers, e-mail addresses, office locations and postal codes Perfectbound • Published December each year On subscription $66 P/C 0514140999 One time purchase $69 P/C 0514010999 ISSN 0845-4832 Multiple copy discounts available Prices subject to change without notice, to applicable taxes and shipping & handling. Includes lists of: • • Federal and provincial judges Federal courts, including a section for federal government departments, boards and commissions • Ontario courts and services, including a section for provincial government ministries, boards and commissions • The Institute of Law Clerks of Ontario • Small claims courts • Miscellaneous services for lawyers Visit carswell.com or call 1.800.387.5164 for a 30-day no-risk evaluation CANADIAN LAW LIST 36 FEBRUA R Y 2012 www. CANADIAN Lawyermag.com OLPB 2012 - 1-2 Island - CL.indd 1 1/20/12 10:36 AM Kopyto, a disbarred lawyer whom he refused permission to represent a party in a child protection application. In 2004, Justice Dianne Nicholas received a reprimand after admitting indiscreet comments inside and outside court about an accused and her fam- ily. The same year, Justice Kerry Evans was found guilty of misconduct related to inappropriate physical touching of female court staff, some of it sexual. He resigned before the council could impose a penalty. Complaints were dismissed in the other seven cases, including one judge accused of using the offices and comput- ers of colleagues to visit porn sites and leaving images visible on his computer. That hearing was held in private and the anonymous judge's conduct was ruled "inappropriate," but not labelled judicial misconduct. In 2006, another OJC panel found Justice Norman Douglas had come close to the line for his conduct in impaired driving cases. After convicting a defen- dant in a drunk-driving case, Douglas was overturned by a Superior Court judge who said there was an appearance of bias. Douglas then went on to attack the appeal decision in subsequent rul- ings and offered to help the Crown in its own appeal of the Superior Court judge's decision. Saskatchewan has also suspended two judges in the last decade. Justice Donald Bird was reinstated in 2011 after crimi- nal charges involving alleged assault and threats made in a domestic dispute were dismissed, while the other resigned before a hearing could be held. In the U.K., the Office for Judicial Complaints, established in 2006 after a reform of the judicial complaint proce- dure, reports that five judges have been removed in the last three years, as well as a further eight resignations by judges under investigation. There have also been six reprimands issued in that time. The U.S. state of Pennsylvania, meanwhile, has seen 13 state judges removed from office in the last 10 years. But Julian Porter, a bencher with the Law Society of Upper Canada and a former member of the Ontario Judicial

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