Alberta judge who lost temper and jailed lawyer should get 30-day, no pay suspension: Judicial Inquiry Board
CBC
The actions of an Alberta judge who lost his temper and briefly jailed a defence lawyer in the middle of a trial were “unacceptable,” ruled the Judicial Inquiry Board, which recommended a 30-day suspension without pay for Justice Gordon Yake.
The board, composed of three Alberta judges, and assembled by Alberta’s Judicial Council, ruled the Red Deer Court of Justice judge was guilty of judicial misconduct.
Its 25-page investigative report was released Monday.
“Placing someone in custody is one of the most serious remedies available to members of the judiciary,” reads the report,
"It is an abuse of the judicial role to do so in anger or out of frustration; however short the duration of the custody, such conduct negatively affects public confidence in the judiciary.”
The investigation was triggered by a conduct complaint filed by three lawyers’ associations. A hearing took place in October.
The report now goes to the Judicial Council which is tasked with imposing the recommended sanction.
In a statement provided to CBC News, Lebessis called the decision "a huge win" and thanked his lawyer and the associations that filed the complaint on his behalf.
"I am truly grateful for all the support and I am astonished by the results," said Lebessis.
He said he hopes the decision will cause other judges to "think twice" before engaging in behaviour Lebessis described as "truly unacceptable."
In a letter provided to the Judicial Council which was written three months after the incident, Yake acknowledged that he’d made a “grave error.”
He also issued an “unreserved apology” to defence lawyer George Lebessis, Lebessis's client, as well as his colleagues, who he said “rightly expect better behaviour from their judges.”
“I sincerely regret my actions that morning,” wrote Yake.
The report and apology stems from an incident during a sexual assault trial that took place in November 2024, during which Lebesis represented the accused.
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