Proceedings resume Friday for the misconduct hearing against Justice of the Peace Anna Gibbon.
Gibbon is accused of acting as an advocate for her son after he was charged with failure to yield in February of 2019.
According to the notice of the hearing back in April, Gibbon invited judicial officers assigned to preside over her son’s matter to her house for dinner.
Linda Rothstein is presenting council lawyer, while Eugene Bhattacharya is representing Anna Gibbon
Nicole Klein, Prosecutor In Gibbon’s Son’s Case
The first day of the proceedings began with the questioning of Nicole Klein.
Klein is not based in Thunder Bay, instead coming to the city solely for conflict cases such as Gibbon’s son.
Klein testified that Gibbon called her prior to the son’s court date, asking her “Do you know who I am?”
Court Clerk Jessica Strobel
The proceedings focused heavily on a sticky note that was placed on a file, which stated there was a conflict in Gibbon’s son’s case, mentioning their relationship.
Gibbon stressed this was inappropriate and would have caused issues in the case.
Jessica Strobel was the court clerk who put the sticky note on the file, testifying that this practice was a “loose guideline” at the time.
Strobel testified when being questioned by Rothstein that Gibbon brought up her son’s trial during a chance meeting at a grocery store, mentioning how difficult it had been on their family.
Supervisor of Court Services Jody Kontzie
The sticky note caused Gibbon’s son’s case to be pushed to a later date.
Kontzie testified that after this occurred Gibbon confronted her, yelling and using profanity.
Roseanne Hudson
The first witness called by Eugene Bhattacharya was Roseanne Hudson, who has been in the Administration of Justice since 1984, holding multiple positions throughout her career, and had worked with Anna Gibbon.
Hudson testified that she had met Gibbon around two decades ago, with Gibbon providing her group with conflict resolution training.
Hudson spoke well of Gibbon, stating “It’s like we had a connection, I trusted her.”
She went on to say the Justice of the Peace had an exceptional reputation amongst co-workers.
David MacKenzie
The second witness called by Bhattacharya was David MacKenzie, who originally met Gibbon at a bail court hearing, but they had not seen each other for some time.
MacKenzie stressed that Gibbon was always professional and had an excellent reputation amongst colleagues.
He goes on to say the Justice of the Peace even visited him three separate times while he was in the hospital with health issues.
Questioning of Anna Gibbon
During the proceedings Gibbon was questioned, remaining very composed initially but becoming more emotional as attention turned to her son’s case.
Gibbon stressed during the questioning she did not involve herself in the case, providing her son with process, not advice.
When asked about the phone call to Nicole Klein, Gibbon testified she never used the phrase “Do you know who I am?”
Gibbon also said her son had difficulties contacting Klein, though emails from the prosecutor around the time of the trial show she was making an effort and having difficulties receiving a response.
Gibbon went on to say during her interaction in Kontzie’s office, she never used profanity. Gibbon did admit she was angry because of she felt what was happening to her son was unjust, but says this was very out of character for her.
Gibbon faces a number of punishments should the complaint be upheld including a warning or reprimand, an apology or further education, a suspension with or without pay or a recommendation to remove Gibbon from office.
The panel involved in the final decision will have to decide whether these events occurred, and if so whether they are worthy of judicial misconduct.
Currently, Gibbon has been reassigned to a court outside of Thunder Bay.
