we promised readers more information on how complaints about judicial conduct are reviewed and addressed. Council is pleased to direct readers to a new section on our website that presents a summary of nearly all the complaints received within a given year. We continue to reflect on the best format for presenting summaries of complaints. In the meantime, we hope readers find this added information of use, and in keeping with our promise of greater transparency and accountability.
LINK TO NEW COMPLAINT SECTIONThese changes came about after nearly two years of consultation and drafting. The ultimate goal of the new process was to make the review of complaints about judicial conduct more efficient and more effective. An overview of the new process can be found here.
A key change in the 2015 Review Procedures was the granting of the Executive Director and Senior General Counsel with the authority to determine at the early screening process whether correspondence to the Council appears intended to be a complaint that could warrant consideration. Prior to July 2015, it was for the member of the Judicial Conduct Committee to determine whether correspondence sent to Council constituted a complaint or other. By providing the Executive Director with that authority to screen correspondence greater efficiency was introduced. If it is determined that a matter warrants consideration, it is referred to a Chief Justice on the Judicial Conduct Committee.
2015-16
As the new Procedures took effect on July 29, 2015 the caseload is presented as two reports: the period prior to the changes from 1 April, 2015 to 28 July, 2015; and the period after the new process took effect from 29 July, 2015 to 31 March, 2016.
complaints opened
complaints closed
correspondence received
Mandate type letters
Irrational or abuse of process
complaints opened
complaints closed
correspondence received
Mandate type letters
Irrational or abuse of process
(residual matters from pre-reforms)
In total, Council received 651 pieces of correspondence in 2015-16 dealing with questions or issues relating to judicial conduct.
As a result of the new process and the desire for added efficiency and effectiveness of the process, Council opened 281 files and closed 286 (some files were carried over from the previous year).
It is clear that there is a slow but steady increase in the number of people writing to Council with comments or concerns. While not all of these are complaints about a judge’s conduct, Council does undertake a careful review of each letter.
Personnel
Transport &s; Telecommunication
Information
Professional &s; Special Services
Rentals
Purchases, Repair and Maintenance
Material &s; Supplies
Acquisition &s; Equipment
Other Subsidies &s; Payments
Total Operating Budget