Hearing Committee Adjudicator Roster

As part of its mandate to regulate the practice of law in Saskatchewan in the public interest, the Law Society of Saskatchewan (“Law Society”) recognizes the importance of high-quality adjudications for professional discipline matters that require a hearing. The Law Society has appointed an independent Hearing Administrator to lead a process to select a roster of diverse and well-qualified individuals to populate Hearing Committees.

The Hearing Committee Adjudicator Position Description is provided in Annex I.

The Law Society of Saskatchewan is looking for up to 10 members of the public and up to 10 members of the Law Society (lawyers licensed through the Law Society of Saskatchewan) to join its Hearing Committee Adjudicator Roster. Successful candidates will receive adjudicator training. Apply online by Monday, October 10 at 5 p.m.

Guiding Principles

The following principles will guide the Hearing Administrator in the development of the inaugural Hearing Committee Roster and in the future as new roster members are required:

Competence: appointments will be based on competence and only candidates with relevant qualifications will be appointed to the Hearing Committee Roster.
Diversity: the Hearing Administrator will strive to develop a Hearing Committee Roster that represents the diversity of the people of Saskatchewan.
Transparency: the appointment process will be open and transparent to Law Society stakeholders.

Assessment Criteria

Balanced Composition

The Hearing Committee Roster will consist of between 20 and 30 individuals and include an approximately equal mixture of Law Society Board members (Benchers), members of the Law Society (lawyers licensed through the Law Society), and members of the wider public.

Diversity

The Law Society and the public it serves will benefit from a Hearing Committee Roster comprised of people with a diverse set of skills, experiences, and perspectives. In line with the Saskatchewan Human Rights Commission Equity Program, we encourage applications from equity-seeking groups. This includes candidates who are Indigenous, women, persons with disabilities, from racialized groups, 2SLGBTQQIA+ individuals, and others who hold unique and complex lived experiences.

Greater representation within the Hearing Committee Roster from diverse communities will serve the public interest by bringing more varied perspectives into the hearing context. Proactive measures will be taken to encourage applicants from diverse backgrounds.

Eligibility

Members of the Hearing Committee Roster will be:

Eighteen years of age or older
Residents of Saskatchewan
Willing and available to complete the Law Society of Saskatchewan Adjudicator Training Program (approximately 16 hours of video-based course content) and any continuing educational programming required by the Hearing Administrator
Available to sit on Hearing Committees as needed throughout a three-year term (outside of exceptional circumstances the annual time commitment may range from 1 to 15 days per year based on hearing volume and length)

Shortlisted candidates will be asked to provide a name-based criminal record check. Shortlisted candidates who are or have been members of a regulated profession (including members of the Law Society) will be asked to provide information about their histories of involvement with those regulatory bodies and may be asked to provide consent to release information, up to and including certificates of standing issued by those regulatory bodies. The existence of a minor or dated criminal or regulatory matter in an applicant’s history is not a determinative factor. The Hearing Administrator will consider all information provided by applicants including information as to how an applicant has conducted themselves since moving on from any past criminal or regulatory difficulties.

Qualifications

Members of the Hearing Committee Roster must possess the following qualifications:

Strong commitment to public service
Objectivity
Open-mindedness
Strong interpersonal skills
Strong oral and written communications skills
Sound judgement
Professionalism
Strong organization and time management skills

Additional Considerations

While not expressly required as training will be provided, the following qualifications will be considered beneficial:

Previous experience with adjudication or professional regulation
Knowledge and experience in the application of administrative law principles
Understanding, experience, and/or training in the areas of trauma informed practice, culturally safe and anti-racist practices, mental health or addictions support, and/or the application of Gladue principles

Lived experience as a member of an equity-seeking group will also be considered an asset.

Appointment Process

Recruitment of Candidates

The initial creation of the Hearing Committee Roster and future vacancies to be filled will be advertised on the Law Society website as well as other appropriate media to promote a transparent recruitment process and encourage a diverse and competent candidate pool. Additionally, outreach to groups that may assist in recruiting candidates will occur.

Recommendation of Candidates

The Hearing Administrator will be responsible for recommending candidates for appointment to the Hearing Committee Roster by the Board of the Law Society (Benchers). Before recommending candidates, with the Law Society’s Director of Human Resources, the Hearing Administrator will:

Compile a complete list of applications received.
Prepare a short-list by assessing candidates against the Assessment Criteria and with consideration for the overall diversity and composition of the Hearing Committee Roster.
Interview candidates under consideration following initial assessment.
Check references and explore any potential conflicts of interest of candidates being considered for recommendation.
Conduct background checks of candidates being considered for recommendation which may include a criminal and/or regulatory record check.

The Hearing Administrator shall recommend candidates to the Board of the Law Society (Benchers) and will provide a report that includes:

The process used to advertise the position and outreach to specific groups.
The total number of applications and the total number of candidates interviewed.
The interview guide and a completed assessment matrix for short-listed candidates that includes the rationale for the recommendation of candidates vis-à-vis the Assessment Criteria and the overall composition of the Hearing Committee Roster in the public interest.
Any other relevant information resulting from reference checks, background checks, and exploration of conflicts of interest.

Appointment of Candidates

Following appointment by the Board of the Law Society, successful candidates will be informed that they have been selected for the Hearing Committee Roster by the Hearing Administrator. The Hearing Administrator will contact each successful candidate to welcome them to the Roster and to discuss the Adjudicator Training Program. Timelines for completion of the training may be established by the Hearing Administrator. Roster members may only be appointed to a Hearing Committee after the Adjudicator Training Program has been completed, or in exceptional circumstances, where the Hearing Administrator has verified that a member of the Hearing Committee Roster has obtained appropriate training elsewhere or is appropriately trained by way of practical experience.

Annex I – Position Description

Law Society of Saskatchewan Hearing Committee Adjudicator Roster

Introduction

As part of its mandate to regulate the practice of law in Saskatchewan in the public interest, the Law Society of Saskatchewan (“Law Society”) recognizes the importance of high-quality adjudications for professional discipline matters that require a hearing. The Law Society has appointed an independent Hearing Administrator to oversee a roster of diverse and well-qualified individuals to populate Hearing Committees. 

Composition

The Law Society Hearing Committee Roster (the “Roster”) consists of between 20-30 individuals and includes an approximately equal mixture of Law Society Board members (Benchers), members of the Law Society, and members of the wider public. People appointed to the Roster form a pool of adjudicators who may be assigned by the Hearing Administrator to carry out adjudicative responsibilities typically as a member of a three-person Hearing Committee.

Term and Reappointment

Appointments are for terms of three years. Reappointment of a Roster member for subsequent terms is recommended by the Hearing Administrator to the Board of the Law Society based on the Roster member’s performance of the duties set out in this position description.

Key Competencies and Duties

Core adjudicative responsibilities include presiding over hearings (typically as a Hearing Committee of three), determining matters in accordance with the law and in a manner consistent with the public interest, and rendering high quality written decisions.  

The following is a list of key competencies and duties that adjudicators are expected to fulfill following completion of the Law Society’s Adjudicator Training Program (approximately 16 hours of video-based course content):

1. Fairness and Collegiality

Acts with impartiality and balance, maintaining an open mind at all times;
Acts with dedication, professionalism and collegiality;
Values diversity and upholds the right to equal treatment without discrimination under the Saskatchewan Human Rights Code throughout the adjudicative process;
Acts in accordance with the principles of procedural fairness;
Maintains decorum and professional conduct at all times, inside and outside the hearing room;
Engages in respectful and courteous interactions with hearing participants, staff, and other Roster members; and
Employs active listening techniques, seeking clarification, reflecting understanding of others’ views, and valuing diverse perspectives.

2. Quality and Continuous Improvement:

Understands and applies administrative law principles arising out of The Legal Profession Act, 1990, the Rules of the Law Society of Saskatchewan, the Code of Professional Conduct and relevant jurisprudence;
Attends and actively participates in all continuing adjudicator training and education programs required by the Hearing Administrator;
Participates actively in self-evaluation and performance development with commitment to continuous development of adjudicative skills;
Reflects on experiences and is open to feedback, striving for continuous improvement; and
Works to promote quality and consistency in Law Society of Saskatchewan jurisprudence.

3. Transparency

Complies with all policies and guidelines established by the Hearing Administrator;
Adheres to the Law Society Adjudicator Code of Conduct, and manages issues of reasonable apprehension of bias or conflict of interest, identifying potential conflicts at the earliest opportunity;
Determines transparency issues involving access to a hearing, non-public treatment of materials and publication bans with an understanding of the relevant principles and rules; and
Acts in a manner that bears the closest scrutiny.

4. Timeliness

Promotes effective administration of adjudicative processes;
Is regularly available for hearings throughout the calendar year and holds the time committed, absent exceptional circumstances;
Balances the need to be prompt and decisive with consideration of the views and positions of others;
Prepares for proceedings by reviewing all materials sent in advance; and
Prioritizes the scheduling of continuation dates.

5. As a Hearing Committee Member

Reaches procedural rulings, findings of fact, and decisions that are balanced, reflect a solid grasp of the issues, evidence and submissions advanced;
Interprets the relevant law, rule or jurisprudence;
Participates actively in deliberations, works collegially with other Hearing Committee members to share views, knowledge and expertise, and considers and is open to the feedback of others;
Listens actively and takes detailed notes of the hearing;
Approaches matters from a non-discriminatory standpoint, recognizing and avoiding biases in the adjudicative process;
Asks questions where appropriate, respecting the principles of procedural fairness; and
Aims for consensus among Hearing Committee members where possible, while respecting the value of dissenting or concurring reasons where there are differing views.

6. When Assigned as a Hearing Committee Chair

Promotes the effective use of hearing time through skillful and fair management of the hearing process and principles of evidence;
Balances control of the hearing with openness to the parties’ positions and concerns;
Consults with other Hearing Committee members and concisely and clearly conveys the Hearing Committee’s procedural rulings;
Ensures that hearings start at the time set and all scheduled hearing time is used until the matter is concluded, absent extenuating circumstances;
Promotes prompt continuation dates and the accurate estimate of further hearing time;
Ensures that all Hearing Committee members’ views are heard and valued in deliberations and promotes consensus where possible;
Ensures that the adjudicative process is not influenced by biases, stereotypes or discriminatory factors;
Ensures that written reasons are prepared as appropriate; and
Ensures that the core values of fairness, quality, transparency and timeliness are demonstrated throughout the adjudicative process.

7. When authoring reasons

Prepares reasons that are clear, concise, well organized and fully justify the decision;
Prepares reasons within a reasonable timeline, absent extenuating circumstances; and
Considers and incorporates the comments and views of other members of the Hearing Committee.