Lyle Howe wants charge tossed at discipline hearing

Halifax defence lawyer Lyle Howesays he will try to have one of the charges against him quashed when his disciplinary hearing before a committee of the Nova Scotia Barristers' Society resumes next week.

Howeis accusedofprofessional misconduct and professional incompetence and facesseven charges in total.If found guilty, hecould bedisbarred.

Howe says the society failed to follow proper procedure in one of the charges it laid against him relating to how he behaved after his practice was placed in receivership. Thatmove followed Howe's conviction for sexual assault, a verdict thathas since been overturned on appeal.

Howe and the legal team for the society are supposed to submit writingarguments on Howe'smotion to quash the chargebefore the hearing resumes Monday morning.

Judge could be subpoenaed

The disciplinary panel heard evidence Thursday afternoon from John Rafferty, the Truro lawyer retained by the barristers' society to review Howe's practice and oversee the receivership when the society suspended his practice.

Rafferty told the hearing that email addresses and faxes related to Howe's firm continued to be active after his practice shut down, something the society considers to be a breach of its orders.

Howe also told the panel Thursday that hewants to subpoena a provincial court judge to testify at his hearing.

One of the central issues in the complaints against Howe is double-bookingbeing scheduled in two courts at the same time.

Howe saidall lawyers have scheduling conflicts like this. He saidthe difference isthebehaviour is tolerated or overlooked with other lawyers, but not him.

Howe singled out Judge Alanna Murphy, who presides in Dartmouth, for taking issue with him and not other lawyers.

Hearing to continue

The chair of the disciplinary hearing, Ron MacDonald, saidthere will have to be a conversation over whether judges can be subpoenaed.

Dartmouth Crown prosecutor Alicia Kennedy also took the stand Thursday morning. She started her testimony Wednesday and wascross-examinedbyHowe himself.

Howerequested access to Kennedy's court files. The Public Prosecution Service told society counsel that it would be retaining its own legal counsel on the question ofwhether Kennedy's files should be released.

This hearing started just before Christmas and resumed this week. Fourdays have been set aside next week and additional dates in Februaryare also available, if needed.

The CBC's Blair Rhodeslive bloggedfrom the hearing.