The Council received a complaint from someone who made numerous allegations against the judge presiding at his trial, including that the judge allowed evidence submitted by the police and did not accept his own evidencewebid-20120007
The Council received a complaint from someone who made numerous allegations against the judge presiding at his trial, including that the judge allowed evidence submitted by the police and did not accept his own evidence. The complainant also alleged that the judge was biased and based his decision on the opinions of others. In addition, the complainant alleged that the judge did not allow for a French trial or proper representation in French.
One of the most important duties of a judge is to assess credibility and make findings of fact about the evidence presented. In and of itself, this is not an indication that the judge is taking sides, or is biased in any way. After a careful review of the complainant’s allegation of bias, it was determined that his perception of bias was in reality an expression of his disagreement with the judge’s decision.
As for the complainant’s allegation that the judge did not properly consider his evidence, this would be a matter to take up with the courts, possibly by way of appeal, since the Council has no mandate to examine the decisions of judges nor to assess the correctness of their decisions.
With regard to the complainant’s allegation that the judge did not allow for a trial in French or proper French representation, it was determined, after a careful review of the facts, that an interpreter was present at all times during the proceedings and that the judge provided the complainant with access to the interpreter. Further, such procedural issues are matters to be raised with the courts, and are not considered issues of judicial conduct.
Since none of the allegations raised any issue of judicial misconduct, the complainant’s allegations were dismissed and he was informed that his complaint did not warrant further consideration.Back