Lyle Howe's disciplinary hearing to hear from judge

Nova Scotia provincial court Judge Elizabeth Buckle is expected to take the stand Tuesday when the disciplinary hearing for suspended Halifax lawyer Lyle Howe resumes.

The Nova Scotia Barristers' Society accuses Howe of professional misconduct and professional incompetence. If found guilty, he could be disbarred.

As the hearing resumed Monday morning, Howe hobbled into the room on crutches. He told the three-member disciplinary panel he ruptured his Achilles tendon and is now focussed on his health, not the hearing.

"I'd rather be disbarred than not be able to walk again," Howe said.

He requested an adjournment, something he has done several times in the past few months over the course of the hearing.

Only judge subpoenaed

The panel agreed to adjourn Monday's session, but ruled that Howe must be prepared to question the judge when the hearing resumes on Tuesday. In the meantime, Howe and his lawyer will work with society lawyers to try to come up with an agreed statement of facts to cover some of what the judge is expected to be questioned on.

"We have to make due the best we can," panel chair Ron MacDonald told Howe.

Before she was appointed to the bench, Buckle was one of several senior lawyers the barristers' society asked to take a look at Howe's law practice prior to laying the charges against him.

The panel has said Howe's questioning of Buckle must be confined to that work.

A lawyer for Buckle said she had to clear two days on her court schedule in order to attend the disciplinary hearing this week. The lawyer said the judge would not be available for hearing dates in December.

Questioning must be confined

Howe, who is black, tried to subpoena several provincial court judges to support his contention that he's treated differently from white lawyers. The panel rejected all the subpoena requests but one, and Howe must confine his questioning of Buckle to the period before she was made a judge.

This disciplinary hearing started last year and has been meeting, off and on, for months.

Panel members say they want to wrap up hearings next month so a final report can be prepared for early in 2017.

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