Judges and ethics have been in the news a lot lately.

Slaw posted an excerpt from the Pitel and Bortolin article “Revising Canada’s Ethical Rules for Judges Returning to Practice” as the Thursday Thinkpiece on January 10, 2013, at Slaw.ca.

The full article can be found on SSRN if you click HERE, in in print (2011) 34 Dalhousie Law Journal 483 Excerpt: pp. 515-520

Abstract: 
It has recently become more common for retired Canadian judges to return to the practice of law. This development raises an array of ethical considerations and potential threats to the integrity of the administration of justice. Although most codes of legal ethics contemplate the possibility of former judges returning to practice, the rules on this particular topic are dated, under-analyzed, and generally inadequate. This article reviews the Canadian ethical rules that specifically relate to former judges and identifies their shortcomings. In doing so, the authors consider, for comparative purposes, Canadian ethical rules directed at former public officers who return to practice and American rules directed at former judges. These rules have been developed in a different context, but involve many of the same issues and are more comprehensive. Following this analysis, the authors propose a series of new rules for judges who return to practice. These rules are not intended as the final word on the subject, but rather as starting points for further discussion of the issues involved. They illustrate the competing considerations with which law societies need to grapple as more judges return to practice.

Written by Bruce Livesey

Posted on the Canadian Lawyer website, from the January 2013 issue. For the Canadian Lawyer website, click HERE.

Few recent legal scandals have generated as much Sturm und Drang as the one caused by Winnipeg lawyer Jack King. Years ago, he tried to coerce a client into having sex with his wife, Lori Douglas, today an associate chief justice in Manitoba. This past summer, the salacious details of King’s actions were exposed during a Canadian Judicial Council hearing set up to determine whether Douglas should remain on the bench. Continue reading →

Press release from the Canadian Judicial Council website.  For the CJC website, click HERE.

Ottawa, 8 January 2013 – The Canadian Judicial Council has confirmed that the Honorable François Rolland, Chief Justice of the Quebec Superior Court has requested that a review of the conduct of the Honourable Michel Girouard of the Quebec Superior Court be undertaken.  The review  concerns his conduct prior to his appointment to the Bench and includes an allegation that the judge would have participated in a transaction to purchase an illicit substance from a police informant.  This is only an allegation: no facts have been established in this matter.

As part of the review, all relevant information will be carefully considered by the Vice-chairperson of the Judicial Conduct Committee of Council. The judge will have a full opportunity to make representations about the allegations.

Since making this request to Council, the judge’s Chief Justice has not assigned any new work to Justice Girouard.

Council takes the review of all complaints seriously and deals with every complaint in accordance with its Complaints Procedures.  Information about the Council, including its Complaints Procedures, can be found on the Council’s website at www.cjc-ccm.gc.ca.