Halifax lawyer Lyle Howe's disciplinary hearing continues

Lyle Howe says many Halifax lawyersare lateor double-booked for court appearances,but he's the only one singled out for criticism.

The Nova Scotia Barristers' Society has accused Howe of professional misconduct and professional incompetence. A disciplinary hearing before a three-member panel has been looking into the allegations against Howe.

On Wednesday, three members of Nova Scotia's Public Prosecution Service were called to testify, with the discussion often dwelling on whether there were rules about howHowewas treated when he was in the Dartmouth prosecutionoffice.

Different treatment?

The deputy director, Denise Smith, submitteda written statement. In it, Smith said there was no policy on how Crowns were to interact with Howe. She also said she knew nothing about a directive to have Howe escortedwhenever he was in the Dartmouth Crown'soffice.

Retired prosecutor Art Theuerkauf, who ran the Dartmouthoffice around the time Howe's legal practice was getting started, wasthe next witness.

Theuerkauf told the hearing twofemale Crowns expressed concerns about Howe after he was charged with sexual assault. (Howe was convicted, had the conviction overturned on appeal, then the charges were withdrawn after the complainant decided against a second trial.)

Theuerkauf says he told the women that if they were worriedthey could ask to have another Crown present when meeting with Howe. Theuerkauf said he suggested to staff that Howe be escorted, butsaid he didn't think it was done faithfully because there weren't enough staff.

The third witness,Dartmouth Crown attorney Eric Taylor, said he remembered fellow lawyerJames Giacomantoniosending anemail in his capacity as vice-president of the CrownLawyers' Association. Taylor said Giacomantonio's email raised the possibility of having Howe escorted when he was in the Dartmouth office.

Double-booking

As for Howe'sscheduling issues, both Taylor and Theuerkauf told the hearing they saw other lawyers who were late or double-booked.

Theuerkauf said he often saw federal Crown prosecutors and legal aid lawyers with that problem, and he recalled one time when a judge expressed frustration when a federal Crown failed to show up on time.

Theuerkauf said he never saw judges treat Howe any differently than other lawyers. He also said in his own dealingshe always found Howe to be professional.

Taylor said he and other lawyers have been stuck with double bookings. But Taylor said the lawyer he had to wait for the most was Howe.

Taylor said he's seen cases where courts have imposed dates on lawyers, even if it potentially creates a scheduling conflict. Taylor told Howe he didn't know whether courts were like airlines and deliberately overbooked.

Like Theuerkauf, Taylor said his own dealings with Howe have always been professional.

Howe's own legal assistant is expected to testify Thursday, along with two other lawyers.

CBC reporterBlair Rhodes waslive bloggingfromthe hearing:

• Lyle Howe says other lawyers think he's a 'rascal and knucklehead'