January 30, 2008

Judge Makes HIV-Positive Witness Wear Surgical Mask in Court

An judge in Ontario, Canada, asked an HIV-positive witness to wear a surgical mask while testifying in a sexual assault case, and later moved the case to a larger courtroom to maximize the distance between the witness stand and the bench, Ontario news website The Star reports (thestar.com, 1/30).

According to the article, Justice Jon-Jo Douglas said that the unnamed witness—who also has hepatitis C—was a threat to himself and his courtroom staff, who handled documents touched by the witness with rubber gloves and placed them in plastic bags.

“The HIV virus will live in a dried state for year after year after year and only needs moisture to reactivate himself,” the article said Douglas incorrectly announced per a November 23 trial transcript. When counsel Karen McCleave tried to correct him, Douglas responded, “I mean, he speaks within two feet of me with two serious infections... Either you mask your witness and/or move us to another courtroom or we do not proceed.”

The Canadian HIV/AIDS Legal Network responded to Douglas’s assertions with a January 17 letter of complaint, which called his actions “a particularly extreme example of unacceptable conduct by a judicial officer.”

While Douglas has refused requests to declare the case a mistrial, a new trial is scheduled to begin February 14.

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Previous Comments:

Fred M, London, 2008-03-05 03:05:45
This is an update on this It was the second time the victim had to testify after an earlier trial last November was shut down when the trial judge was alarmed with the victim's HIV status and ordered him to wear a mask and testify electronically from another courtroom. Justice Jon-Jo Douglas is now facing and investigation and possible discipline with the Ontario Judicial Council. www.thebarrieexaminer.com/ArticleDisplay.aspx?e=922914

NancyC, Medford, OR, 2008-03-05 02:48:57
I think that this is one of the most ingnorant things that I've heard of in a long time. It also goes to show how much further we all have to go in this fight against the stigma and fear attached to HIV/AIDS. We don't need ignorant, idiots like these anywhere near us or the human race at all. They only purpetuate the ignorance and stigma. Let's step up the education against this type of behavior and the education about this epidemic/pandemic in general. Thankyou and God Bless Us One and All.

James Kile, Cathedral City, 2008-03-04 18:56:52
Well I think the Judge should be fired for ignorance.... It is sad that there are people so uneducated on this issue.

raymondhilerio, , 2008-03-04 17:57:06
To think that we still have people,supposedly educated ones still around. He should be let go.

Erin C, Kearney, NE, 2008-03-03 11:53:15
This just shows how far we still have to go with education & awareness so we can get rid of the ignorance!

Scott Sinclair, Seattle, 2008-03-01 20:40:08
Complete jackass! Inexusable behavior.

nvhorseman, , 2008-02-26 12:08:14
I don't know the legal system in Canada but if that judge was ELECTED instead of appointed to his bench position, the gay community there should spear head a movement to have him unseated in the next elections. He is not only ignorant but illegally influences the court proceedings by tainting the jury or lawyers on the opposing side. Possibly, he could also be disbarred if the community got behind it. Brothers and sisters all, we the homosexual community have to stand up for our selves.

Michael, Haslett, 2008-02-26 12:06:33
This is just outright terrible. I would only hope that the people who elected this Judge will know call for a recall of him. No reason in the world why any person who works in law should not know the truth about HIV by now.

John Paul, Raleigh, NC, 2008-02-26 11:12:56
Stupid just seems to sum His Honor up...wonder if W was able to extend our border and had a role in his appointment?

Patricia Shelton, Bronx, 2008-02-25 17:41:41
Though we are taught not to judge, "what an idiot!!!!" Just proves that a degree does not mean you are educated or informed.

Mark, Maryville, 2008-02-21 09:22:17
Maybe the Judge should wear a mask for the protection of the POZ person.

Anthony, Dallas, 2008-02-20 21:04:22
Anyone representing any judicial system whose that ignorant has no business representing any aspect of government.

Richard, New York, 2008-02-20 01:19:13
Glad to see the US doesn't have a monopoloy on neandrathal public officials.

Chris, San Francisco, 2008-02-20 01:15:43
Does this guy still wear a powdered wig? Obviously he attended law school prior to the writing of the Magna Carta.

Damaris, West Haven,CT, 2008-02-19 12:03:14
Can you imagine that almost 26 years later this stigma still exist. Please tell me something is being done about his, this judge should be made an example. Just let him and other know how uneducated they are and how they never know wo may be positive at home