A former Longueuil magistrates’ court judge is facing serious charges by the Conseil de la Magistrature du Québec of willfully overcharging hours and in “42 seconds” acquitting a friend of a traffic violation.
• Also read: A judge is said to have asked too much 160 times
• Also read: Ethics: Slap in the face for washing a friend
Had he still been in office, ex-judge Jean Herbert, who retired in early 2019, would have been fired, a council investigative committee says.
The committee’s recent decision uses harsh language to put into perspective the actions it is accused of.
Thus the magistrate has:
- Displays “unforgivable” behavior, taking “voluntary and repeated actions” to overwhelm his hours;
- Actions that demonstrated[apparentent] fraud” by asking a prosecutor to extend the hearing of a case without reason;
- “Perverted” the impartiality and objectivity of his role by acquitting a friend to avoid a fine.
No action
However, these findings are not taken into account.
“Given the circumstances, the committee [d’enquête] must denounce the seriousness of the measures taken, but decides to make a recommendation in view of Mr Herbert’s departure […] to close these files,” the decision reads.
It should be remembered that the Conseil de la Magistrature’s investigations are essentially based on our Bureau of Investigation’s 2019 revelations about Judge Herbert’s actions.
The then Justice Minister Sonia Lebel took up the case to bring one of the three charges against the former magistrate.
UPAC
The Permanent Anti-Corruption Unit (UPAC) was also interested in the magistrate’s case, having conducted a search at the Longueuil District Court in June 2019 to obtain documents relating to the overtime calculation.
UPAC spokesman Mathieu Galarneau, reached yesterday, refused to say where the investigation was located.
Keep in mind that Judge Herbert is not the only judge who is the target of a disciplinary investigation for committed violations.
Outrageous remarks
Judge Gérard Dugré of the Quebec Superior Court could lose office after repeatedly making outrageous comments on the cases he oversees and repeatedly delaying his verdicts.
A final decision by Canada’s Judiciary Council should confirm his release shortly.
Judge Denise Descôteaux of the Quebec Court of Val-d’Or has been reprimanded twice by the Quebec Judiciary Council and may soon receive two more for her conduct in court.
3 OVERWHELMING FAILURES
► Judge Herbert asks a prosecutor to voluntarily delay the progress of a case so he can overcharge hours.
“Mr Herbert’s behavior is obviously dishonest […] He is using his status as a judge to influence the prosecutor’s attorney to make a false application for a stay,” the investigative committee of the Conseil de la magistrature wrote in its decision.
► He overstated his hours 160 times between 2016 and 2019, allowing him to overcharge his hours by nearly $40,000.
“Taking voluntary and repeated action to exploit the session’s municipal judge accounting system is unforgivable […] Never a sane and informed member [du public] could not consider such measures acceptable or justifiable,” the decision said.
► The judge favors a friend by acquitting her of a speeding ticket in 42 seconds for failing to perform a mandatory check and giving her legal advice prior to her appearance.
“It is clear that Mr. Herbert should not have heard the case because he could not act with the impartiality and objectivity […] Such behavior is likely to create doubts among citizens and undermine public confidence in the judicial authorities.
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