N.W.T. judge showed ‘disturbing pattern’ of misconduct, lawyer alleges

CBC News attained a duplicate of the grievance on April 21 but the identify of the complainant was not included. CBC has verified the document’s authenticity with three separate lawyers in the territory, all of whom ended up acquainted with the make any difference.

The grievance requests a listening to before the Judicial Council to identify regardless of whether Molloy should to be disciplined, and implies his suspension or elimination as a territorial courtroom judge may possibly be warranted.

On Friday, through a speech from the bench in which Molloy announced a forthcoming go away of absence, he stated he was a sufferer of place of work harassment. In an account published by Cabin Radio, he described himself as an outsider ever more worried about the “over-all administration of justice” in the N.W.T.

The criticism focuses as an alternative on Molloy’s therapy of attorneys, and occasionally the accused, in his courtroom. 

“Decide Molloy’s misconduct has caused personal injury to counsel and accused on a private amount, to the Crown and the judiciary on an institutional level, and to the administration of justice and rule of law on a method level,” the 40-web site document states.

The grievance information many incidents of alleged misconduct in the courtroom by Molloy involving 2019 — when Molloy was very first appointed the the N.W.T. bench — and 2021, and includes various individual court docket conditions and lawyers. 

Taken together, the incidents “illustrate a disturbing sample of disregard for the moral principles and the expectations of carry out predicted of judges, undermining self esteem in the administration of justice and bringing it into disrepute,” the criticism states.

CBC News contacted Molloy about the allegations but he declined remark.

“Really should I ever develop into unshackled of the qualified duties that make any sort of job interview unattainable I will recommend,” he wrote in an electronic mail.

Grievance cites 11 problematic incidents

The complaint against Molloy lists 11 different incidents, including situations exactly where the judge allegedly berated or threatened Crown prosecutors in court docket, abused his authority with seemingly vindictive conclusions about courtroom process, or insulted accused folks.

One of the incidents included Molloy’s selection in 2020 to dismiss dozens of legal charges because a Crown prosecutor skipped her flight to attend court in Hay River. N.W.T. Supreme Court Justice Louise Charbonneau later on dominated that Molloy’s choice was “problematic” for a variety of reasons, and she despatched numerous of people circumstances again to court.

Several of the incidents described in the Judicial Council criticism include things like quotes taken from court transcripts. 

A single incident, which spans quite a few months and “constitut[es] the heart of this complaint,” in accordance to the document, describes numerous courtroom exchanges amongst Molloy and legal professionals that remaining a person Crown prosecutor in tears and hyperventilating and pleading for a split in courtroom proceedings so she could compose herself.

That 2020 exchange was focused on where a sentencing hearing was to get spot: in Yellowknife or in the accused person’s residence community of Inuvik. In accordance to quoted court docket transcripts, Molloy berated the Crown attorney for hoping to “do an end operate” by bringing the issue back to courtroom when he experienced now dominated on the sentencing locale.

The trade amongst Molloy and the law firm ongoing till Molloy was yelling and banging on the dais, the complaint states.

“There is no excuse for what you have completed right here this early morning. That is it. The sentencing is likely to take position in Inuvik, and we’ll see what the repercussions are, if any, of this try to attractiveness a decision that was produced very last 7 days,” Molloy said, in accordance to quoted courtroom transcripts.

The complaint states that the Crown lawyer was then so shaken by Molloy’s outburst that she requested for a brief recess. Molloy to begin with denied her ask for, the complaint claims, but then relented when the attorney requested once again. As Molloy left the courtroom, the lawyer started to hyperventilate.

“[She] suffered health-related distress and was not able to continue on with the issues she experienced carriage of that day,” the complaint states.

The territory’s main federal prosecutor was then identified as in to help that day, the complaint claims, and he attempted to broach the subject matter of the earlier “heated” trade between Molloy and the other Crown lawyer. Molloy allegedly shut him down.

“You watch yourself. Just because you’re a main prosecutor does not imply you’re immune and can say no matter what you like possibly,” Molloy mentioned, according to quoted court transcripts.

In his statement in court Friday, Molloy referenced a penned apology he says he obtained from Chief Federal Prosecutor Alex Godfrey relevant to his conduct in the incident. CBC North has requested remark from Godfrey.

The complaint also specifics other alleged incidents of Molloy belittling Crown prosecutors or questioning their integrity, and occasionally insulting or mocking accused people.

A person accused guy showing up in advance of the courtroom in 2020 was recognized to undergo from psychological health concerns, the complaint states. The gentleman was not represented by a lawyer because, he advised court docket, he was a “supreme being” and so did not will need 1.

“Oh, all right. So you are just one of these morons,” Molloy stated, according to quoted courtroom transcripts.

In another incident, Molloy allegedly designed activity of another accused woman also regarded to have psychological wellness problems, contacting her “the epitome of usual” in a mocking tone.

Judicial Council listening to needed, grievance states

CBC Information requested an job interview with the N.W.T. Judicial Council about its roles and duties. The chairperson is the territory’s chief justice of the Supreme Court docket, Louise Charbonneau. 

Charbonneau declined an job interview. CBC was not able to verify the position of the grievance.

In accordance to the N.W.T. government’s web site, the council “opinions and investigates” allegations manufactured versus a territorial court docket decide.

“The Judicial Council could refer the criticism to the Main Decide, a mediator, or maintain a listening to,” the web page states.  

In addition to Charbonneau, the council contains Court docket of Appeal Main Justice Catherine Fraser, Main Decide Robert Gorin, an appointee from the Regulation Modern society, and two folks who are neither judges nor associates of the Legislation Culture and are appointed by the N.W.T. commissioner.

The criticism submitted against Molloy argues that a hearing prior to the council is warranted and important. It states that the subject need to not basically be referred to the Main Judge, “due to its seriousness, and the Main Judge’s failure to deliver this make any difference to the Judicial Council despite staying mindful of at least one, if not more, of the incidents.”

A listening to ahead of the council would let for additional really serious disciplinary measures such as suspension or removing from the bench, the grievance states.

“The Judicial Council ought to clearly display,” the criticism states, “that overwhelming, insulting and belittling counsel and inappropriately questioning their specialist conduct, will not be tolerated, owing to the injuries that it causes them individually, the impression it has on their capability to satisfy their roles, and particularly the systemic hurt it has on confidence in the administration of justice and the justice technique at substantial.”