The actions of an Alberta judge who lost his temper and briefly jailed a defence lawyer in the middle of a trial were “unacceptable,” ruled the Judicial Inquiry Board, which recommended a 30-day suspension without pay for Justice Gordon Yake.

The board, composed of three Alberta judges, and assembled by Alberta’s Judicial Council, ruled the Red Deer Court of Justice judge was guilty of judicial misconduct. 

Its 25-page investigative report was released Monday. 

“Placing someone in custody is one of the most serious remedies available to members of the judiciary,” reads the report,

“It is an abuse of the judicial role to do so in anger or out of frustration; however short the duration of the custody, such conduct negatively affects public confidence in the judiciary.”

‘I sincerely regret my actions’

The investigation was triggered by a conduct complaint filed by three lawyers’ associations. A hearing took place in October. 

The report now goes to the Judicial Council which is tasked with imposing the recommended sanction.

In a letter provided to the Judicial Council which was written three months after the incident, Yake acknowledged that he’d made a “grave error.”

He also issued an “unreserved apology” to defence lawyer George Lebessis, Lebessis’s client, as well as his colleagues, who he said “rightly expect better behaviour from their judges.”

“I sincerely regret my actions that morning,” wrote Yake. 

The incident

The report and apology stems from an incident during a sexual assault trial that took place in November 2024, during which Lebesis represented the accused.

On Nov. 8, 2024, Yake got into what he described in his letter as “a testy exchange” with Lebessis over a witness’s availability.

Lebessis wanted to call a police officer to testify, but there was confusion as to whether the previous prosecutor assigned to the case had committed to subpoenaing the officer. 

Knowing the former prosecutor was in the courthouse at the time, Lebessis asked for — and the trial Crown agreed it would be fair — for an adjournment to track down the original Crown.

Judge was ‘confrontational’

But Yake began interrupting Lebessis and “repeatedly pressed him in an increasingly confrontational tone.” 

The judge demanded a “yes” or “no” answer as to whether the Crown had undertaken to subpoena the officer. 

Not wanting to make representations to the court, Lebessis attempted to explain himself.

Yake then accused Lebessis of interrupting him and threatened to cite him in contempt. 

The judge then ordered sheriffs to “take him away.”

Lebessis taken into custody

Lebessis was taken to a cell block where he had to empty his pockets, remove his belt and turn over his cell phone.

“As a matter of professional courtesy extended by the sheriff, defence counsel was not handcuffed, patted down or asked to remove his shoes,” notes the report. 

While Lebessis was in custody, the prosecutor confirmed that his colleague had indeed committed to subpoenaing the witness and acknowledged that he’d “dropped the ball.”

Lebessis was brought back to the courtroom about 17 minutes later but by then he was flustered and didn’t feel he could proceed. He asked Yake to grant a mistrial and indicated he planned to apply to be removed as counsel. 

Judge berated, interupted

Yake adjourned court so that Lebessis could speak with his client. 

“Upset and deeply affected by having been placed in custody,” the board noted that Lebessis then left the courthouse.

“Yake treated defence counsel with a lack of civility, berating and interrupting him,” wrote the panel. “He failed to de-escalate a verbal confrontation with defence counsel, which he had initiated.”

Yake ordered Lebessis to appear before him on Nov. 22, 2024 to explain why he did not return to court after being jailed. 

Hundreds of supporters

By then, members of the Alberta bar had rallied around Lebessis. 

Armed with senior defence counsel representing him, a courtroom full of supporters and 300 more observers tuned into the remote video feed, Lebessis appeared before Yake two weeks after he’d been jailed. 

Lebessis acknowledged he was “wrong and at fault for leaving the courthouse” and apologized to the court and his former client.

Yake abandoned his contempt threat, acknowledged that he’d “made mistakes,” and said he should have de-escalated the situation.

Mistrial declared

But the judge also continued to blame Lebessis for “refusing” to answer his question and defended his right under the Criminal Code to order Lebessis into custody.

The report describes Yake’s comments that day as “self-serving” and said they “did not reflect a fair characterization of what had occurred.”

The board also noted that one week after the initial incident, Yake declared a mistrial, causing a delay in the sexual assault case and forcing the alleged victim into the position of having to testify a second time. 

At the hearing in October, Yake testified and took full responsibility. By then he had also filed the letter of apology.

Yake ‘deeply remorseful, ashamed’

The report also acknowledges that Yake had received “deeply unsettling news about his health” on the day of the incident.

After finding the incident amounted to “a single, aberrant and inexplicable act of judicial misconduct,” the panel turned to considering an appropriate sanction.

Having already issued an apology, Yake’s lawyer asked the panel to issue a reprimand. 

The criminal defence organizations that filed the complaint argued Yake should be removed from office. 

The panel acknowledged Yake is “deeply remorseful, ashamed, contrite, apologetic and reflective” and found “there little risk that the conduct will be repeated.”

The panel settled on a 30-day suspension without pay “to show that the judiciary as a whole dissociates itself from this behaviour.”