Man spent 24 days in jail because a Hamilton justice of the peace 'dropped the ball'
CBC News | Posted: February 15, 2018 9:40 PM | Last Updated: February 16, 2018
'His Worship’s actions ... deprived the accused of his liberty': Justices of the Peace Review Council
A Hamilton justice of the peace has been reprimanded and suspended for 10 days without pay after being found to have committed judicial misconduct.
Paul Welsh was disciplined for unilaterally changing a return date for a court matter without telling the person accused, his counsel or the Crown prosecutor on the case in 2013.
That meant that when the accused missed the court date, there was a warrant issued and he was arrested and incarcerated for 24 days for failing to appear in court.
"His Worship's actions resulted in the issuance and execution of a bench warrant and deprived the accused of his liberty," according to the Justices of the Peace Review Council.
"I dropped the ball here, there's no question about it," Welsh said during the hearing, according to a decision released Thursday by a hearing panel of the council. "But I would not, nor did I have any intention to step on [the accused's] rights."
An 'inappropriate common practice'
The three-member disciplinary panel ordered Welsh to apologize in writing to the accused man. He also must undergo education that "reinforces his awareness of appropriate judicial boundaries and relationships and formal management of courtroom processes." In addition to a formal reprimand, he faces a 10-day suspension without pay, but with benefits.
I dropped the ball here, there's no question about it. But I would not, nor did I have any intention to step on [the accused's] rights. - Paul Welsh, justice of the peace
Throughout the hearing it was revealed that Welsh had an "inappropriate 'common practice'" of dealing with remand matters and communications outside of the courtroom.
"Any person would expect a justice of the peace to follow the processes in place in the criminal justice system to protect the rights of an accused person so that his or her right to liberty is not wrongfully denied," the panel concluded.
The consequences of the misconduct were "very serious" – the accused man was incarcerated for more than three weeks.
A 'troublesome repetition' after 2009 misconduct
It's not the first time Welsh has found himself on the other side of the bench since being appointed a justice of the peace in 2001. He pleaded guilty to obstruction of justice in 2009 after reducing a local judge's fine on an overdue red light ticket, and paying the fine personally. He apologized and admitted his conduct amounted to judicial misconduct.
He faced three other misconduct charges in 2009, but they were dismissed.
Referring to the previous misconduct finding, the panel felt the new misconduct charge reflects a "troublesome repetition of the themes of lack of respect for necessary and proper court processes and inappropriate interactions with other justice system participants."
Though Welsh requested that his legal costs of nearly $34,000 be covered, the panel awarded compensation of $20,000.