The complainant, a member of an advocacy group, filed a complaint on behalf of the father regarding a trial concerning custody and access, alleging that the judge was in a conflict of interest because he knew that the mother was being advised by his forme

20020009 - The complainant, a member of an advocacy group, filed a complaint on behalf of the father regarding a trial concerning custody and access, alleging that the judge was in a conflict of interest because he knew that the mother was being advised by his former law partner. The complainant also alleged that the judge had told his former partner of the outcome of the trial before the publication of his reasons. The complainant also disagreed with the judge's actual decision, alleging among other things that he had erred in his assessment of the evidence.

The judge responded that during the 14-day trial each of the parties was unrepresented, the lawyer in question made no appearance in the courtroom and there was no information made available indicating that the mother was consulting or being advised by the lawyer. Information was sought directly from the lawyer in question who advised he did not prepare the mother for trial and did not assist her in any manner during the trial. Other than a chance meeting with her when he was present in the courthouse on unrelated matters, the lawyer advised he had no conversations or contact with the mother during the trial. They did not discuss the custody trial at that chance meeting, other than in a general way. The complainant was advised that the lawyer did not provide any advice or assistance to the mother during the trial and that the judge was not made aware of the allegation regarding the lawyer's involvement during the course of the trial. There was no evidence to support the allegation that the judge was in a conflict of interest because of his prior partnership with the lawyer. The judge denied communicating with the lawyer before his reasons for judgment were published and an affidavit was provided by the lawyer to support this statement. The complainant was advised that there was no evidence to support her allegations of misconduct.