Observers at a civil trial for breach of contract complained that the judge acted outrageously and made prejudicial statements against the defendant

20060005 - Observers at a civil trial for breach of contract complained that the judge acted outrageously and made prejudicial statements against the defendant. They further alleged that the judge shouted at the participants, made discourteous and rude gestures and comments to counsel and litigants, and exhibited favouritism to the plaintiff.

Outside counsel interviewed the complainants, the judge, and other observers at the trial. Counsel concluded that there was no basis to refer the matter to a Council panel for further review because there was no suggestion that the judge did not have the legal skills required to perform the judicial function. The complainants did, however, raise concerns about the judge’s communication skills. Judges owe a duty of courtesy and respect to every person in the courtroom, and they must be sensitive to the way their words and gestures are perceived. The judge in question recognized occasional impatience and irritation with trial participants and agreed to attend a course on communication skills for judges.