Thursday, October 28, 2010

Keep your bedroom antics private - a nation doesn't need to know!

Anonymous has left a new comment on your post, "The Manitoba Associate Chief Justice Lori Douglas sex scandal - two lawsuits down one to go!"

Dear Mr. Pieuk,
(1) Upon reading the articles about this latest development, I’m not surprised. The lawsuit against the firm was tenuous at best. I do applaud Mr. Walsh for his comments though. All involved should have been reported, and I agree, that there is question as to whether or not King’s actions constituted criminal harassment.
(2) I doubt that the Law Society of Manitoba will have the cojones to address this issue as it should. Considering that they have not so much as issued a reminder to the membership regarding the standard of conduct that is to be expected, I doubt they will take action against King. Lawyers have no business governing themselves – nor do the police, nor judges, nor teachers, nor doctors. Expecting professions held to a higher standard of conduct to impose discipline on themselves, knowing that as individuals they could be subjected to the same discipline, is like letting the inmates run the asylum. The LSM and the CJC both have an opportunity to reinstate the faith of the public in the legal profession, but I fear both will fall far short of public expectations.
(3) Trudeau’s famous quote, “The state has no place in the bedrooms of the nation,” has been bandied about in defence of the behaviours of Douglas and King, but when the behaviour does not remain in the bedroom, and instead is put into the public sphere, indeed, potentially invading every home in the nation through the internet, does the state not have an obligation to hold those responsible accountable? Can a person have faith in a lawyer that makes sexual advances? Can we believe that there are real consequences for that conduct? Have we regressed to the 1950’s when it was okay for women to be objectified and vulnerable people taken advantage of by those in positions of power?
(4) If neither the LSM nor the CJC have the guts to stand up for the victims of persons in power, to whom can victims turn? “Follow the rules! Attend to protocols! Offenders will be disciplined!” Those are the promises made, and it’s time for governing bodies to make good. Examples need to be made that show the public this type of conduct, being shoved into the homes of the nation through the internet, will not be tolerated. That the boundaries of common sense, basic respect, integrity and honour are still valued in our society, and those who offend those boudaries, will be stripped of their status. A message needs to be sent - keep your private business in your bedroom, or suffer the consequences.
I, for one, do not believe that morality and ethics of society have fallen so far as to condone the actions of Douglas and King as acceptable. I only hope that the LSM and CJC do not prove me wrong.
Veritas Justitias Honoris
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Dear VJH:
Thank you very much for another well-considered letter. To respond:
(1) Nor were we. Yes, agree Mr. Walsh's comments were rather insightful.
Could it not be argued all three were indeed reported, problem is, it would appear "the authorities" chose not to do anything other than try to keep everything quiet
We're currently undertaking some research on Alex Chapman's new lawyer Paul Walsh. Suffice it to say for now it looks as though he's been a frequent visitor before the LSM's Disciplinary Committee
(2) Sadly we too agree the Law Society probably does not have the collective cojones to face this issue head on and do something meaningful. Here's a revolutionary idea. Why not appoint bright, articulate highly experienced laypersons with tons of common sense but no law degree to disciplinary committees? On a 5-member panel, for example, two would fit this profile
Until or unless such is done, in our view, The Society's mandate can only "purport" to represent the public interest. Only then will everyone be reassured the LSM is serious about significant change. It's time to re-invent yourself
(3) Society gives significant power to people in these positions and with it comes added responsibility. It is simply not enough to be above the law you must also appear to be so. Problems can only befall individuals in these positions unable to keep their bedroom antics private
(4) Because of the Douglas-King-Chapman debacle Manitoba's judiciary has taken a significant credibility hit such that it almost feels at times as though they're the oned on trial
It will be interesting to see how the Law Society handles its investigation of Alex Chapman's latest complaint the findings of which are due out next week . Sadly, we expect another weasely-like decision
Sincerely/Clare L. Pieuk

1 Comments:

Anonymous Anonymous said...

Good Morning Mr. Pieuk,

Indeed, on investigation, Mr. Walsh has an extensive history with discipline by the LSM. Perhaps it is this history that allows Mr. Walsh the fortitude to engage the LSM and his profession head on? Having gone through the digests, despite seemingly serious infractions, the discipline of the LSM was pathetic. (No offence Mr. Walsh, but you’re not exactly the poster-boy for professional conduct!) The LSM certainly has a history of “sweeping issues under the rug” and its decision regarding Mr. King will act as either an endorsement of the payment of “hush money” to Mr. Chapman, or as being a governing body capable of imposing real discipline on its members. I can hardly wait for the decision.

As I understand it, the LSM already has the power to engage a layperson, the Complaints Commissioner is a non-lawyer who can review a complaint filed with the LSM that has been rejected or that the complainant is not satisfied with. According to the LSM’s 2010 Annual Report (Pg. 4), the role of the Commissioner is changing:

“Next year the role of the Complaints Commissioner will be expanded to include reviews of all complaints within the Law Society’s jurisdiction that are not referred to the Socie¬ty’s Complaints Investigation Com¬mittee. This will include decisions to take no further action because a lawyer has provided a satisfactory explanation, the complaint is deter¬mined to be of no merit or the law¬yer has been reminded of his or her obligations. There will likely be an increase in the number of referrals to the Complaints Commissioner as a result of these changes.”

Should prove interesting, if these changes are actually implemented.

Veritas Justitias Honoris

7:14 AM  

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