New Brunswick judge ruled to have engaged in questionable conduct

The Canadian Judicial Council has ruled that New Brunswick Court of King's Bench Justice Frederick Ferguson engaged in ‘questionable’ conduct and used his authority inappropriately during an interaction with a junior lawyer.

The review panel found that Ferguson initiated an unauthorized private conversation at the courthouse with a junior defense lawyer who was seeking an audio recording for a pending recusal motion against the judge. During this exchange, Ferguson discussed privileged information and made comments that could be perceived as an attempt to influence the upcoming motion. The panel noted the lawyer, who had recently been called to the bar, reported feeling intimidated by the interaction.

While the panel ordered Ferguson to issue a written apology to the lawyer within 60 days, it concluded there was no reasonable basis to remove him from office. The review also dismissed other allegations in the complaint, including claims of sexist comments and abusive behavior toward other lawyers. Ferguson admitted the interaction was ‘plainly wrong’ but stated he did not intend to interfere with the recusal motion.