Justice of the peace suspended 10 days for court error

A Hamilton justice of the peace found guilty of misconduct has been handed a 10-day suspension and must apologize in writing to a man who spent 24 days in custody because of an error in court.

The panel also ordered a formal reprimand and a requirement justice of the peace Paul Welsh undergo additional training deemed necessary by the chief justice of the Ontario Court of Justice. The suspension is without pay, but with benefits.

Welsh was found guilty of judicial misconduct by a Justices of the Peace Review Council panel for the error made in Hamilton court Oct. 16, 2013.

On that day, an accused, Ian Silverthorne, appeared in Welsh’s courtroom on a drug possession charge where his lawyer Carl Robertson requested they return Nov. 30. But after Silverthorne and Robertson left the courtroom, the clerk registrar noted that Nov. 30 was actually a Saturday.

An audio recording in the courtroom shows Welsh said: “Well clearly that was supposed to be the 30th of October, so we’ll just change them.”

The problem was nobody told Silverthorne or Robertson, so when Silverthorne failed to show up in court Oct. 30, a bench warrant was issued.

On Nov. 5, police executed a warrant at a motel and arrested Silverthorne. He was also charged with a drug-related offence. He spent 24 days in custody before the error was uncovered. Welsh admitted the error, but argued it fell short of judicial misconduct. It was a busy day and his mother was in the hospital at that time, he said.

“I dropped the ball here, there’s no question about it. But I would not, nor did I have any intention to step on Mr. Silverthorne’s rights,” he told the panel.

The panel accepted that the error was made without malice. However, they also found it “disturbing” that at that time Welsh said he often took steps to personally contact counsel outside the courtroom over court dates.

This informal practice “inherently put the liberty of accused persons at risk,” the panel said, adding that all communications about court dates are expected to take place in the courtroom. Welsh admitted this practice was “inappropriate” and said he has learned from this experience.

In an interview with The Spectator, Welsh’s lawyer, Eugene Bhattacharya, said they were still digesting the lengthy decision, but noted it brings some closure. Welsh “is looking forward to continuing as a productive member of the legal community in Hamilton.”

He has served on the bench since 2001 and had many positive character references. But this is not the first time he’s been disciplined. In 2009, he admitted to judicial misconduct after he reduced an Ontario court judge’s $180 traffic ticket by half.

In this latest case, the panel also recommended compensating Welsh $20,000 for some of his legal costs.