Hearing Committee Adjudicator Roster

As part of its mandate to regulate the practice of law in Saskatchewan in the public interest, the 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 who works with a Roster of Hearing Committee Adjudicators.    

Principles 

The following principles guide the selection of the Hearing Committee Roster:   

• Competence: appointments are based on competence and relevant qualifications which include: commitment to public service; objectivity; open-mindedness; interpersonal skills; oral and written communications skills; sound judgement; professionalism; and organization and time management skills.  
• Diversity: appointments consider representativeness of the diversity of the people of Saskatchewan in line with the Saskatchewan Human Rights Commission Equity Program. This includes candidates from equity-seeking/equity-deserving groups who are Indigenous, women, persons with disabilities, from racialized groups, 2SLGBTQQIA+ individuals, and others who hold unique and complex lived experiences.   
• Transparency: appointments are open and transparent to stakeholders.  

Balanced Composition  

The Hearing Committee Roster consists of between 20 and 30 individuals and includes 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. Members of the Hearing Committee Roster:  

• Are 18 years of age or older  
• Are residents of Saskatchewan  
• Disclose a name-based criminal record check 
• Complete an Adjudicator Training Program (approximately 16 hours of video-based course content) and any continuing educational programming required by the Hearing Administrator  

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 duties.  

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: 

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.  

Appointment Process 

Populating the Hearing Committee Roster is completed through an appointment process.  

Recruitment of Candidates  

Vacancies are advertised on the Law Society website and through media channels to promote a transparent recruitment process and encourage a diverse and competent candidate pool. Additionally, outreach to groups that may assist in recruiting candidates occurs.   

Recommendation of Candidates  

The Hearing Administrator reviews applications and recommends candidates for appointment to the Hearing Committee Roster. Before recommending candidates, with the Law Society’s Director of Human Resources, the Hearing Administrator:  

• Compiles a complete list of applications received.  
• Prepares a short-list by assessing candidates against Assessment Criteria and with consideration for the overall diversity and composition of the Hearing Committee Roster.  
• Interviews short-listed candidates.   
• Checks references and explores any potential conflicts of interest for candidates being considered for recommendation.  
• Conducts background checks of candidates being considered for recommendation.  

The Hearing Administrator recommends candidates to the Board of the Law Society with 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 are informed that they have been selected for the Hearing Committee Roster by the Hearing Administrator. The Hearing Administrator contacts each successful candidate to welcome them to the Roster and to discuss the Adjudicator Training Program. Timelines for completion of the training are 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.