Lyle Howe accuses judge of bias at his disciplinary hearing in Halifax - Action News
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Nova Scotia

Lyle Howe accuses judge of bias at his disciplinary hearing in Halifax

Halifax lawyer Lyle Howe says Nova Scotia judges hold him to a higher standard than other lawyers, and he wants to subpoena them to appear at his disciplinary hearing.

Howe wants right to subpoena a dozen Nova Scotia provincial court judges

Lyle Howe is accused of professional misconduct and professional incompetence between 2011 and 2014. (Andrew Vaughan/The Canadian Press)

Halifax defence lawyer Lyle Howe wants to subpoena 12 provincial court judges to appear at his disciplinary hearing before the Nova Scotia Barristers' Society.

The disciplinary hearing against Howe, who's accused of professional misconduct and professional incompetence, resumed Wednesday after a three-week break.

Howe told the hearing panel that most judges in Dartmouth will no longer hear cases where he is the lawyer.

He argued that he is being held to a higher standard than other lawyers and he wants to question judges on that.

Alleges Dartmouth judge is biased

Howe, who was found guilty of sexual assault in May 2014 and had the conviction overturned by a higher court, also alleges that Dartmouth-based Judge Alanna Murphy is biased against him. He said she has complained to the society about his conduct in her court.

The judges sent their own lawyer to Wednesday's hearing to oppose Howe's subpoena request. Lawyers with the Nova Scotia Barristers' Society are against it as well.

The panel has reserved decision on the matter.

Panel member won't step down

Also on Wednesday, Howe resumed his effort to have one of the three-member panel hearing his case recused.

He wants Halifax lawyer Don Murray to step down because he said Murray could not be expected to rule on issues involving judges he might appear before himself.

The panel rejected that request.

The seven charges against Howe stem from allegations he double or triple-booked himself in courts, poorly documented his clients' files and provided poor quality service to his clients.

Lengthy hearing

He is also accused of misleading the court in proceedings before Judge Timothy Gabriel and Murphy.

The hearing started late last year and has tentative dates stretching into the new year.

If found guilty, Howe could be disbarred.

The CBC's Blair Rhodes live blogged from the hearing.