A complainant questioned a judge’s mental capacity during court proceedings

20050006 - A complainant questioned a judge’s mental capacity during court proceedings. During a hearing, the judge had said that he was having a “senior’s moment.”

The Chairperson of the Judicial Conduct Committee sought comments from the judge (and his Chief Justice) regarding the remarks in question. The Chair accepted the written comments from the judge in question, who said that he had immediately regretted using the expression at the time, and that he recognized that it was not an appropriate expression to use.

He also explained that it was intended as lighthearted humour and that he never intended to offend anyone. The judge expressed regret for using the expression.

The Chairperson accepted the judge’s explanations and, in light of the expression of regret, decided that the complaint did not need to be considered further. The judge’s comments were shared with the complainant and the file was closed.

Second Complaint: The complainant wrote again to say that his complaint was not adequately reviewed and that he was not given an opportunity to make representations after the judge commented on the matter. The complainant was of the view that a closer investigation would have shown that the judge was not competent to preside at the initial hearings. The complainant alleged that the judge had made several erroneous decisions, which showed he was incompetent.

Second Review: The Chairperson of the Judicial Conduct Committee reviewed the new comments and found that they were simply repetitive. He indicated that the initial review of the complaint had been thorough. He also pointed out that the complaints process is not an adversarial one between judge and complainant, but a process of inquiry that allows the Council to assess judicial conduct in the public interest. As for the opportunity to make representations, the Chairperson advised that the complainant had, in fact, two opportunities to make such presentations. The conclusions of the Chairperson were that the allegations of incompetence were completely unfounded. The complainant was advised accordingly and the file was closed.