Law Society disbars Ontario lawyer who faked his divorce, then married his law clerk

A once-prominent Ontario lawyer and authorized scholar criminally convicted of fraud and bigamy was discovered responsible of professional misconduct and disbarred Wednesday.

The revocation of James Morton’s regulation licence “in these circumstances is de facto the one affordable penalty,” Barbara Murchie, chair of the three-member Regulation Society tribunal panel, stated on the conclusion of the disciplinary listening to.

Morton, 62, has been suspended from practising regulation since August 2018 following his arrest by York Regional Police for forging his divorce order so he might marry his regulation clerk whereas nonetheless married to his spouse of 30 years.

In 2019, he pleaded responsible to 2 prison prices in Newmarket court docket, the place his spouse, Rhonda Shousterman, nonetheless presided as a justice of the peace. Morton obtained a six-month conditional sentence underneath home arrest, together with an order for group service.

Morton’s home arrest resulted in March 2020, however the “corrosive impact” of his actions “actually can't be overstated,” Regulation Society self-discipline counsel Patrick Copeland stated throughout a zoom listening to.

Summarizing the historical past of the well-publicized case, Copeland advised the panel Morton’s conduct occurred over a comparatively lengthy time frame and concerned quite a few misleading actions, together with making a phony divorce order which he used to use for a wedding licence. Morton married Jennifer Packwood on Could 12, 2018, in St. Catharines, regardless of realizing he was being investigated by police.

Whereas he wasn’t performing in his skilled capability as a lawyer, Morton nonetheless used his authorized abilities and coaching “to perpetrate the fraud and in so doing he risked discrediting the overwhelming majority of authorized professionals whose integrity is unblemished, whereas doubtlessly feeding the cynicism of the general public’s view of the career usually,” Copeland advised the panel.

“That cynicism can in the end erode and chip away on the public’s confidence within the authorized system and court docket processes.”

Morton, a one-time president of the Ontario Bar Affiliation, turned licensed to follow regulation in Ontario in 1988 and Nunavut in 2011. He has already resigned from the Regulation Society of Nunavut. He hung up his shingle in Hamilton in 2016.

Morton didn't look like current throughout the digital continuing however was represented by lawyer Glenn Sandberg. Morton voluntarily admitted that the details outlined in an agreed assertion of details constituted skilled misconduct. Nor did he contest his disbarment.

Sandberg advised the panel he had little so as to add besides to acknowledge that Morton had been “an excellent barrister whose advocacy was well-known and revered all through Ontario and past, together with the Supreme Courtroom of Canada.”

He was additionally beneficiant together with his time, sharing his knowledge each as counsel and as a mentor to college students, different legal professionals, judges, police, prosecutors, Sandberg continued. “The legacy of his a long time of contribution to the career will survive these unlucky occasions,” Sandberg stated.

“Many people bear in mind and acknowledge Mr. Morton’s contributions,” Murchie responded.

Copeland famous the media scrutiny of the case “amplified the harm that was finished to the general public’s notion of the administration of justice and authorized career usually.” He additionally famous that Morton had no prior self-discipline historical past and had been absolutely cooperative since his licence was suspended.

Morton agreed to pay $4,500 in prices to the Regulation Society.