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Edmonton lawyer sanctioned for criticizing judge plans to appeal

Edmonton lawyer sanctioned for criticizing judge plans to appeal

The Law Society of Alberta has sanctioned an Edmonton criminal defence lawyer found guilty of misconduct, but the penalties have been stayed pending the outcome of an appeal.

A law society disciplinary committee on Monday handed Naeem Rauf a week-long suspension for criticizing a judge, and a fine for legal costs of up to $15,000. But Rauf plans to appeal the finding of misconduct.

In June, Rauf was found guilty of breaching the law society's code of conduct by writing a letter in 2016 that questioned the ethics of newly appointed Court of Queen's Bench Justice Avril Inglis.

Rauf left copies of the letter in the courthouse cafeteria, distributed them to lawyers and sent a copy to the Edmonton Journal that went unpublished.

The complaint about the letter was submitted to the law society by Queen's Bench Associate Chief Justice John Rooke.

'Not a popularity contest'

Monday's hearing, chaired by Brett Code, was based on a joint submission from Karl Seidenz, who represented the Law Society of Alberta, and Rauf's lawyers, Shirish Chotalia and Ian Wachowicz.

The disciplinary committee rejected Chotalia's submission that the panel should consider 16 letters of support from criminal defence lawyers before the ruling.

Chotalia said the letters would speak to Rauf's character and provide a range of views from the criminal defence bar about the gravity of the breach.

But Seidenz argued that the hearing had already "spent hours" dealing with Rauf's character, which was never the issue. "It's not a popularity contest," Seidenz said.

'My children are proud of me'

Rauf and his lawyers declined comment but spoke to each other during a break.

"If I had a different panel there might have been a different outcome," said Rauf, 72. "The people that I admire and respect have all supported me.

"My children are proud of me that and matters infinitely more than what those three benchers decided."

The fine covers costs for the legal proceedings.

The committee did not set a deadline to file an appeal but said it should be "undertaken diligently." The other two committee members were Catherine Workun and John Bradley.

The decision will later be released in writing.