In addition to complaint files reviewed by a member of the Judicial Conduct Committee in accordance with the Complaints Procedures, there has also been a marked increase, in recent years, in the number of other conduct-related correspondence. As of 21 March 2013, 233 letters were sent to individuals who were seeking clarity on Council's mandate or who were expressing dissatisfaction with a judge's decisions or who were complaining about the conduct of an official not within Council's jurisdiction (ie. provincial judge, master, lawyer). This is an increase from 163 such letters in 2011-12; 114 such letters in 2010-11 and 83 such letters in 2009-10.

These "other files" sometimes become a complaint file; however, in the main, the resources expended in the Council Office to address the concerns of correspondents is more efficient than referring the matter to a member of the Judicial Conduct Committee as a formal complaint. This approach fosters better public education and generally shortens response time.

Examples:

A woman wrote to Council to express her dissatisfaction with the judge's decision to not adjourn her court matter, as well as her frustration with the judge's ruling. She also asked to have the judge's decision cancelled. She was advised that Council is not a court and cannot intervene in court matters, attempt to change a judge's decision nor does it have the power to overturn a decision or request a new trial. The writer was informed that if she wished to challenge the correctness of a judge's decision, the proper recourse is for her to seek an appeal to a higher court.

Another writer indicated that she was "outraged and frustrated that judges have the authority to make life changing decisions." In responding, we indicated that one of the key responsibilities and duties of judges is to make decisions about the issues brought before the Court. In doing so, they consider all factors before coming to a conclusion. The writer also raised vague issues of bias. She was advised that a person alleges a judge is biased, that person must be in a position to demonstrate the real or apparent lack of impartiality of the judge. This requires credible evidence and cannot rest on a mere allegation. Further, bias is generally a legal issue, not one of conduct, and if a person suspects bias, they may raise these concerns with the court or by way of appeal.

Another writer expressed her concerns that the judge sided with her opposing party because of here own lawyer's negligence. In our response, we put forth that much of the writer's displeasure appeared to be with her former lawyer - not so much the judge. We responded that while we could not provide her with any advice in this regard, complaints about the conduct of lawyers are best directed to the appropriate Law Society in the province or territory in which that lawyer practices.