judicial conduct case summaries 2010 index€¦ · judicial conduct case summaries 2010 index...

Judicial Conduct Case Summaries

2010 Index

DEMEANOR, IMPARTIALITY, AND COMMENTS ON THE

BENCH

Addington, Order (Arizona Commission on Judicial Conduct March 16, 2010)

(http://supreme.state.az.us/ethics/Complaints/09-

287%20redacted%20final%20REPP.pdf)

(6/10)

Gaumont, Order (Arizona Commission on Judicial Conduct April 12, 2010)

(http://supreme.state.az.us/ethics/Complaints/09-

304%20redacted%20final%20REPP.pdf) (6/10)

McCullar, Order (Arizona Commission on Judicial Conduct February 2, 2010)

(http://supreme.state.az.us/ethics/Complaints/09-267redactedfinalREPP.pdf) (6/10)

Cornelio, Order (Arizona Supreme Court December 9, 2010)

(www.azcourts.gov/LinkClick.aspx?fileticket=vM6WikQbGQk%3d&tabid=3093&mid=

4078) (profanity to attorney during settlement conference) (12/10)

Gaines, Amended Order (Arizona Commission on Judicial Conduct June 22, 2010)

(www.azcourts.gov/Portals/37/complaints/2009_complaints/09-

182%20Final%20REPP.pdf) (informality and attempted humor in courtroom) (12/10)

Inquiry Concerning McBrien, Decision and Order (California Commission on Judicial

Performance January 5, 2010) (http://cjp.ca.gov/) (terminating and abandoning trial;

threatening attorney with contempt; failing to disqualify after reporting party’s failure to

disclose economic interest to employer; being discourteous and impatient toward

attorney; repeatedly threatening mistrial if the proceedings were not concluded quickly

enough) (2/10)

In the Matter Concerning Edwards, Decision and Order (California Commission on

Judicial Performance April 12, 2010) (http://cjp.ca.gov/) (failing to require potential juror

to remove tinfoil hat; being absent from court and causing the absence of the court clerk;

dismissing cases without authority; taking action in 2 cases from which he was

disqualified; delays; discourteous comment regarding district attorney) (4/10)

Public Admonishment of Gibson (California Commission on Judicial Performance

December 14, 2010) (http://cjp.ca.gov./userfiles/file/Public_Admon/Gibson_12-14-

10.pdf) (inappropriate comments) (12/10)

2

Inquiry Concerning Salcido (California Commission on Judicial Performance November

10, 2010) (http://cjp.ca.gov./userfiles/file/Censures/Salcido_DandO_11-10-10.pdf)

(allowing herself to be videotaped while conducting court proceedings to promote herself

for a role in a potential TV entertainment program, telling entertainment attorney

representing the producer that she would set her more interesting cases on the day of the

filming; making numerous improper remarks and engaging in improper conduct while

court proceedings were being filmed; demeaning and discourteous remarks regarding

litigants, court attorneys, and others; remarks in court disparaging the general clerical

staff as follows; placing a defendant into custody for contempt without affording her due

process or complying with legal requirements) (12/10)

Inquiry Concerning Fowler, 696 S.E.2d 644 (Georgia 2010) (routinely stating to criminal

defendants that they had burden of proving their innocence; allowing criminal defendants

to “buy out” the community service portions of their sentences, placing proceeds from

“buy outs” into bank account, authorizing release of funds, failing to turn over money to

county; abusing and insulting parties appearing in court; routinely initiating and

considering ex parte communications; disposing of criminal cases in which the

defendants were charged with crimes that were beyond the jurisdiction of his court;

involving himself in a matter not properly before his court and using the prestige of his

office to improperly influence a litigant; issuing orders that prohibited the sheriff from

awarding “good time” in accordance with a statute; allowing unqualified persons to serve

as interpreters in his court) (6/10)

Public Reprimand of Aldrich (Minnesota Board on Judicial Standards September 27,

2010) (www.bjs.state.mn.us/Aldrich%20Press%20Rel.pdf) (comments in criminal case)

(10/10)

Commission on Judicial Performance v. Brown, 37 So. 3d 14 (Mississippi 2010)

(inappropriately touching court clerk and using a racially derogatory term to refer to

African-American department of corrections employee) (6/10)

In the Matter of Silverman (Nebraska Commission on Judicial Qualifications June 4,

2010) (www.supremecourt.ne.gov/professional-ethics/judges/public-

reprimands.shtml?sub16) (displaying impatient, discourteous, angry, condescending tone

and demeanor during child support hearing) (6/10)

In the Matter of McArdle (Nebraska Commission on Judicial Qualifications August 18,

2010) (www.supremecourt.ne.gov/professional-ethics/judges/s-35-100003.pdf) (accusing

attorney of publicly disparaging him and threatening attorney with ethics complaint)

(8/10)

In the Matter of Citta (New Jersey Supreme Court March 8, 2010)

(www.judiciary.state.nj.us/pressrel/D-66-09%20Citta%20ACJC%20reprimand.pdf)

(comments about defendant who did not speak English and was in country illegally;

calling defendant pathological liar and comparing him to O.J. Simpson) (4/10)

3

In the Matter of Convery (New Jersey Supreme Court March 8, 2010)

(www.judiciary.state.nj.us/pressrel/D-65-09%20Convery%20ACJC%20reprimand.pdf)

(comments that created appearance judge was making fun of litigant; asking attorney

“when did you become an illegal alien?”) (4/10)

Inquiry Concerning Guillory, Order (New Mexico Supreme Court January 6, 2010)

(intemperate language about presiding judge; abuse of contempt power and improper

demeanor; failure or inability to perform judicial duties; ex parte communications; falling

asleep in the courthouse or courtroom; helping police officer present case and making

comments overheard by jury) (2/10)

Inquiry Concerning Lozano, Formal Reprimand (New Mexico Supreme Court June 8,

2010) (requesting reimbursement for per diem expenses to attend training that never took

place and inappropriate conduct toward a female code enforcement officer and

defendant) (6/10)

In re Tripp, Determination (New York State Commission on Judicial Conduct April 20,

2010) (www.scjc.state.ny.us) (apparently out of personal animus, threatened to impose

bail for routine traffic charges against a defendant and gave the defendant half the time he

customarily gave for paying a fine; retaliated against defendant for complaint to

Commission, refused to give him an extension of time to pay the fine; threatened

defendant and father after being advised by his wife, the court clerk, that the defendant’s

father had been “very rude” when he called to request an extension for paying a fine)

(4/10)

In the Matter of Abramson, Determination (New York State Commission on Judicial

Conduct October 26, 2010) (www.cjc.ny.gov/Determinations/A/Abramson.pdf) (violated

due process rights of defendants in 6 support cases and 1 order of protection case by

failing to advise them of the right to counsel and to afford an opportunity to be heard,

notwithstanding a letter of dismissal and caution he had received; making offensive

remarks of sexual nature to and about a litigant) (12/10)

Disciplinary Counsel v. Gaul, 936 N.E.2d 28 (Ohio 2010) (finding defendant had

engaged in obstruction of justice and misusing Amber Alert system) (10/10)

In re McKenzie, Reprimand (Tennessee Court of the Judiciary December 13, 2010)

(attorney who rented office space from judge; appointing attorney; using expletive in

open court) (12/10)

Public Admonition of Meurer (Texas State Commission on Judicial Conduct March 30,

2010) (www.scjc.state.tx.us/pdf/actions/FY2010-PUBSANC.pdf) (allowing anger with

recommendation that juvenile be detained to interfere with judgment, resulting in 7 adults

being detained in locked cells) (4/10)

In the Matter of Eiler, 236 P.3d 873 (Washington 2010) (deriding and interrupting pro se

litigants) (8/10)

4

In the Matter of LaSalata, Stipulation, Agreement, and Order (Washington Sate

Commission on Judicial Conduct September 24, 2010)

(www.cjc.state.wa.us/Case%20Material/2010/6279%20LaSalata%20Final%20Stip.pdf)

(threatening in sidebar to physically harm prosecutor) (10/10)

EMBROILMENT






enough) (2/10)

Inquiry Concerning Klein, Decision and Order (California Commission on Judicial

Performance February 2, 2010) (http://cjp.ca.gov/) (ordering settlement payment and

attorney’s fees to be paid in gift certificates) (2/10)

Inquiry Concerning O’Flaherty (California Commission on Judicial Performance

September 23, 2010) (http://cjp.ca.gov./userfiles/file/Censures/OFlaherty_9-23-10.pdf)

(failing to comply with procedural requirements or provide notice or opportunity to be

heard before entering no contact order) (10/10)

In the Matter of Dugan, Determination (New York State Commission on Judicial

Conduct October 6, 2010) (www.cjc.ny.gov/Determinations/D/Dugan.pdf) (intervened in

impending proceeding involving business tenant and long-time acquaintance and

suggested and promoted financial settlement rather than disqualify himself) (10/10)



EX PARTE COMMUNICATIONS

Inquiry Concerning Andress, Order (Arizona Supreme Court October 26, 2010)

(www.azcourts.gov/LinkClick.aspx?fileticket=bDkb3-

ZHE7k%3d&tabid=3093&mid=4078) (ex parte communications and factual

investigation) (10/10)

Judicial Discipline and Disability Commission v. Proctor (Arkansas Supreme Court

January 25, 2010) (relationship with probationers; involvement with probation program;

ignoring and by-passing laws that were impediment to probation program; enforcing

payment of unauthorized “civil fees”) (2/10)

5












Commission on Judicial Performance v. Anderson, 32 So. 3d 1180 (Mississippi 2010)

(refusing to decide several criminal cases arising out a line dispute between neighbors

pending the outcome of a chancery court case; ordering the arrest of one of the neighbors

based on ex parte communication; sitting in on chancery court hearing; and exchanging

pleasantries at hearings with one set of the neighbors; refusing to reduce a bond based

upon ex parte information and ordering defendant held without bond on non-capital

offense) (4/10)






Disciplinary Counsel v. Campbell, 931 N.E.2d 558 (Ohio 2010) (improper investigation

of criminal matter; failure to act in a patient, dignified, and courteous manner; use of

position to pressure persons into action; improper handling of proceedings to appoint

counsel to indigent defendants; comments that improperly gave the impression that 3

defendants were remanded into custody due to failure of county commissioners; placing

defendant in holding cell until he was ready to discuss her case; creating appearance he

was trying to force mayor to execute law director’s contract; involving himself in the

formulation of charges against defendant; badgering 2 defendants about eligibility for

appointed counsel) (8/10)

Disciplinary Counsel v. Plough, 931 N.E.2d 575 (Ohio 2010) (failing to maintain or

provide complete records of proceedings; delaying compliance with mandate of the court

of appeals on remand; ex parte communication with prosecutor; expressing opinion on

issue of fact in jury’s presence, berating defense counsel during closing argument, and

refusing to grant mistrial; refusing to accept guilty plea based upon mistaken belief that

prosecutor was statutorily required to charge defendant with greater offense) (8/10)

DISQUALIFICATION

6

In the Matter of King, Final Judgment (Alabama Court of the Judiciary September 30,

2010) (http://judicial.alabama.gov/judiciary/FinalJudgment38.pdf) (setting aside rape

conviction of former client without holding hearing; criticizing another judge in

disqualification order) (10/10)

Re Johnson, Letter of Admonishment (Arkansas Judicial Discipline & Disability

Commission March 19, 2010)

(www.arkansas.gov/jddc/pdf/pr/2010/Mark_Johnson_and_Barry_Sims_3-19-2010.pdf

(dismissing DWI charge against relative) (4/10)






enough) (2/10)






Commission on Judicial Performance v. Hartzog, 32 So. 3d 1188 (Mississippi 2010)

(trying to negotiate sale of property at issue and failing to disqualify) (4/10)

In the Matter of Council (New Jersey Supreme Court May 3, 2010)

(www.judiciary.state.nj.us/pressrel/D-84-09%20Council%20admon%20ACJC.pdf)

(taking action in case against family member)

In the Matter of Schwartz, Order (New Mexico Supreme Court October 12, 2010)

(initiating romantic relationship with assistant public defender and failing to immediately

disqualify himself from her cases) (12/10)

In the Matter of Menard, Determination (New York State Commission on Judicial

Conduct October 13, 2010) (www.cjc.ny.gov/Determinations/M/Menard,Jeffrey.pdf)

(failed to disqualify himself in cases involving his nephews, his employers’ sons, and his

co-justice) (10/10)

In the Matter of Trickler, Determination (New York State Commission on Judicial

Conduct October 7, 2010) (www.cjc.ny.gov/Determinations/T/Trickler(2).pdf) (failed to

disqualify from case when he was acquainted with defendant and alleged victim and had

personal knowledge of facts) (10/10)

7

In the Matter of Dugan, Determination (New York State Commission on Judicial

Conduct October 6, 2010) (www.cjc.ny.gov/Determinations/D/Dugan.pdf) (intervened in

impending proceeding involving business tenant and long-time acquaintance and

suggested and promoted financial settlement rather than disqualify himself) (10/10)


(attorney who rented office space from judge; using expletive in open court) (12/10)

In re Adams, Order (Utah Supreme Court December 20, 2010)

(http://jcc.utah.gov/discipline/documents/AdamsKenneth2010Reprimand.pdf) (failing to

disqualify himself from traffic citations issued by son-in-law) (12/10)

In re Bell (Tennessee Court of the Judiciary June 14, 2010) (9-month delay; failing to

disqualify himself from related case, scheme to influence complainant to dismiss

complaint) (6/10)

Public Reprimand of Garza and Order of Additional Education (Texas State Commission

on Judicial Conduct March 30, 2010) (www.scjc.state.tx.us/pdf/actions/FY2010-

PUBSANC.pdf) (mishandling case in which a defendant did not pay fine; finding

numerous individuals in contempt of court without legal authority; failing to reduce

orders and judgment to writing; mishandling truancy cases; ordering truancy defendants

to relinquish their cell phones without legal authority; including directives in emergency

protective orders outside his legal authority; and presiding over 2 matters involving

family members who were the sons of his immediate supervisor) (4/10)

FAILURE TO FOLLOW THE LAW; LEGAL ERROR; ABUSE OF

DISCRETION





Re Sims, Letter of Admonishment (Arkansas Judicial Discipline & Disability

Commission March 19, 2010)

(www.arkansas.gov/jddc/pdf/pr/2010/Mark_Johnson_and_Barry_Sims_3-19-2010.pdf )

(granting writ of error coram nobis to facilitate testimony of witness whose criminal case

had been closed) (4/10)

In re Meccariello, Report and Public Censure (Connecticut Probate Council September

20, 2010) (creation of 2 trusts for elderly woman’s assets that vitiated purpose and

language of her will) (10/10)



8










Gormley v. Judicial Conduct Commission, 332 S.W.3d 717 (Kentucky 2010)

(summarily holding husband in contempt of court for actions that occurred outside of her

perception; order changing custody that denied the father due process; “standing order”

that prohibited child support modifications for Toyota employees) (8/10)

In the Matter of Moriarty, Order (Massachusetts Supreme Judicial Court October 6,

2010) (www.mass.gov/cjc/moriarty1062010.pdf) (failing to give alien warnings required

by statute during 3 plea colloquies and vacating 3 convictions in ex parte hearings)

(10/10)







offense) (4/10)













(4/10)

In the Matter of Abramson, Determination (New York State Commission on Judicial

Conduct October 26, 2010) (www.cjc.ny.gov/Determinations/A/Abramson.pdf) (violated

due process rights of defendants in 6 support cases and 1 order of protection case by

9

failing to advise them of the right to counsel and to afford an opportunity to be heard,

notwithstanding a letter of dismissal and caution he had received; making offensive

remarks of sexual nature to and about a litigant) (12/10)
















In the Matter of Holmes, 692 S.E.2d 905 (South Carolina 2010) (finding defendant

guilty in absentia) (4/10)













In re Ridge (Utah Supreme Court May 12, 2010)

(http://jcc.utah.gov/discipline/documents/RidgeStevan-

2010Discipline%20documents.pdf) (changing defendant’s sentence after defendant stated

he intended to request trial de novo) (6/10)

In the Matter of Hille, Stipulation, Agreement, and Order (Washington State Commission

on Judicial Conduct December 3, 2010)

10

(www.cjc.state.wa.us/Case%20Material/2010/6392%20Hille%20Stip.pdf) (failing to hold

mitigation hearings) (12/10)

In re Wolford (West Virginia Supreme Court of Appeals September 24, 2009) (granting

domestic violence protective order to woman after different magistrate had granted

emergency protective order to the woman’s ex-boyfriend and granted him temporary

custody) (2/10)

In re Complaint of Judicial Misconduct (Real) (U.S. Judicial Conference Committee on

Judicial Conduct and Disability April 12, 2010)

(www.uscourts.gov/uscourts/RulesAndPolicies/conduct/ccd-10-01Order-final-04-12-

10p.pdf) (failure to give reasons for decisions) (8/10)

ABUSE OF CONTEMPT POWER






enough) (2/10)

Inquiry Concerning Salcido (California Commission on Judicial Performance November

10, 2010) (http://cjp.ca.gov./userfiles/file/Censures/Salcido_DandO_11-10-10.pdf)

(allowing herself to be videotaped while conducting court proceedings to promote herself

for a role in a potential TV entertainment program, telling entertainment attorney

representing the producer that she would set her more interesting cases on the day of the

filming; making numerous improper remarks and engaging in improper conduct while

court proceedings were being filmed; demeaning and discourteous remarks regarding

litigants, court attorneys, and others; remarks in court disparaging the general clerical

staff as follows; placing a defendant into custody for contempt without affording her due

process or complying with legal requirements) (12/10)

Gormley v. Judicial Conduct Commission, 332 S.W.3d 717 (Kentucky 2010)

(summarily holding husband in contempt of court for actions that occurred outside of her

perception; order changing custody that denied the father due process; “standing order”

that prohibited child support modifications for Toyota employees) (8/10)






11









TICKET-FIXING

In the Matter of Woodham, 689 S.E.2d 605 (South Carolina 2010) (2/10)

Public Admonition of Fitzgerald (Texas State Commission on Judicial Conduct

December 16, 2010) (serving as fiduciary for close, personal friend and friend’s daughter;

dismissing DWI case against friend) (12/10)

ON-BENCH ABUSE OF POWER; FAVORITISM

In the Matter of King, Final Judgment (Alabama Court of the Judiciary September 30,

2010) (http://judicial.alabama.gov/judiciary/FinalJudgment38.pdf) (setting aside rape

conviction of former client without holding hearing; criticizing another judge in

disqualification order) (10/10)










enough) (2/10)

Inquiry Concerning Klein, Decision and Order (California Commission on Judicial

Performance February 2, 2010) (http://cjp.ca.gov/) (ordering settlement payment and

attorney’s fees to be paid in gift certificates) (2/10)




12



Inquiry Concerning O’Flaherty (California Commission on Judicial Performance

September 23, 2010) (http://cjp.ca.gov./userfiles/file/Censures/OFlaherty_9-23-10.pdf)

(failing to comply with procedural requirements or provide notice or opportunity to be

heard before entering no contact order) (10/10)

Inquiry Concerning Eriksson, 36 So. 3d 580 (Florida 2010) (revoking defendant’s bond

and imposing higher bond to punish defendant for exercising right to file motion to

recuse; impeding ability of pro se petitioners in domestic violence injunction proceedings

to obtain relief) (2/10)












In re Chmiel, Order (Illinois Courts Commission November 19, 2010) (conducting

special bond hearing on Saturday afternoon for brother of person with whom judge had

long-standing political, professional, and social relationship) (12/10)

In the Matter of Moriarty, Order (Massachusetts Supreme Judicial Court October 6,

2010) (www.mass.gov/cjc/moriarty1062010.pdf) (failing to give alien warnings required

by statute during 3 plea colloquies and vacating 3 convictions in ex parte hearings)

(10/10)

In re Logan, 783 N.W.2d 705 (Michigan 2010) (releasing county commissioner on own

recognizance following calls from another county commissioner) (8/10)

Commission on Judicial Performance v. Hartzog, 32 So. 3d 1188 (Mississippi 2010)

(trying to negotiate sale of property at issue and failing to disqualify) (4/10)






13


offense) (4/10)








(4/10)
























In re Ridge (Utah Supreme Court May 12, 2010)

(http://jcc.utah.gov/discipline/documents/RidgeStevan-

2010Discipline%20documents.pdf) (changing defendant’s sentence after defendant stated

he intended to request trial de novo) (6/10)

Concerning Clarkson, Final Order (Vermont Judicial Conduct Board November 15,

2010) (alerting trooper to inappropriateness of charge, permitting trooper to amend

14

charge without asking pro se defendant if she objected or wanted continuance, asking

trooper to recommend appropriate fine without asking defendant for her view) (12/10)

SEXUAL MISCONDUCT

In the Matter of Schwartz, Order (New Mexico Supreme Court October 12, 2010)

(initiating romantic relationship with assistant public defender and failing to immediately

disqualify himself from her cases) (12/10)

In re Alonge, Opinion, (Pennsylvania Court of Judicial Discipline June 18, 2010), Order

(July 21, 2010) (www.cjdpa.org/decisions/jd09-04.html) (conduct “akin to stalking”

toward 4 female lawyers and 17-year-old girl who had appeared in his court) (8/10)

MISREPRESENTATIONS IN COURSE OF DUTIES

Inquiry Concerning Lozano, Formal Reprimand (New Mexico Supreme Court June 8,

2010) (requesting reimbursement for per diem expenses to attend training that never took

place and inappropriate conduct toward a female code enforcement officer and

defendant) (6/10)

ADMINISTRATIVE FAILURES/TREATMENT OF COURT

STAFF/IMPROPER DELEGATION/APPOINTMENTS

In re Postma, Public censure (Alaska Supreme Court December 17, 2010) (strident e-mail

correspondence and in-person confrontations with fellow judges and court staff;

appearance that family issues and anxiety took precedence over the judge’s judicial

duties; disseminating notice that he filed a complaint against other judges with the

Commission on Judicial Conduct to other judges and distributing documents filed with

the Commission to those judges; chronic anxiety disorder that made it impossible for him

to function as an Anchorage District Court Judge) (12/10)

LaSota, Order (Arizona Commission on Judicial Conduct March 22, 2010)

(www.azcourts.gov/Portals/37/09-293%20Final%20REPP.pdf) (10/10)

Burnham, Order (Arizona Commission on Judicial Conduct August 19, 2010)

(www.azcourts.gov/LinkClick.aspx?fileticket=MfpteVwWz0Y%3d&tabid=3093&mid=4

078) (failing to require staff to use proper bond envelopes) (12/10)





15








Commission on Judicial Performance v. Brown, 37 So. 3d 14 (Mississippi 2010)

(inappropriately touching court clerk and using a racially derogatory term to refer to

African-American department of corrections employee) (6/10)






In the Matter Hudson, 690 S.E.2d 72 (South Carolina 2010) (failure to reconcile

accounts) (2/10)

In the Matter of Evans, 702 S.E.2d 557 (South Carolina 2010) (shared hotel suite during

judges’ meeting with 20-year-old female who was before court; operated alternative

sentencing programs that were not approved as required by court order) (12/10)

In re Dumas, Reprimand (Tennessee Court of the Judiciary July 16, 2010)

(www.tsc.state.tn.us/geninfo/COJ/COJindex.htm#publicPleadings) (hiring daughter as

court officer) (8/10)


(attorney who rented office space from judge; appointing attorney; using expletive in

open court) (12/10)

Inquiry Concerning Keller, Findings, Conclusions, and Order of Public Warning (Texas

State Commission on Judicial Conduct July 16, 2010)

(www.scjc.state.tx.us/pdf/skeller/CommissionOrder.pdf) (preventing attorneys for death

row inmate from filing writ of habeas corpus after 5:00 p.m.) (8/10), dismissed, In re

Keller, Opinion (Special Court of Review Appointed by the Texas Supreme Court

October 11, 2010) (www.supreme.courts.state.tx.us/advisories/KellerFinalOpinion.pdf)

(10/10)

USING COURT RESOURCES FOR PERSONAL BUSINESS



16



In the Matter of Heavey, Stipulation, Agreement, and Order (Washington State


(www.cjc.state.wa.us/CJC_Activity/public_actions_2010.htm#5975) (writing letters on

official court stationery to members of Italian judicial system on behalf of criminal

defendant, using court staff to type letters, speaking publicly in attempt to influence)

(10/10)

DELAY; DILIGENCE

Inquiry Concerning Nolan, Judgment and Order (Arizona Supreme Court June 30, 2010)

(failing to timely issue warrants and judgments, failing to timely set hearings or trials,

failing to timely issue rulings, submitting inaccurate declaration) (8/10)

Williams, Amended order (Arizona Commission on Judicial Conduct December 9, 2010)

(www.azcourts.gov/Portals/37/09-307%20Amended_Rep_Order.pdf) (failing to be

present or immediately available to promptly attend to court business) (12/10)






enough) (2/10)






In re Halloran, 783 N.W.2d 709 (Michigan 2010) (dismissing cases as time guidelines

threshold approached) (8/10)

Press release (Johnson) (Minnesota Board on Judicial Standards October 13, 2010) (www.bjs.state.mn.us/JohnsonWm%20Press%20Rel.pdf) (10/10) In re Barlaam, Determination (New York State Commission on Judicial Conduct March

15, 2010) (www.scjc.state.ny.us) (policy of scheduling trials based on availability of

issuing police officers, resulting in a failure to efficiently and promptly schedule trials in

more than 500 traffic matters) (4/10)

17

In the Matter of Gilpatric, Determination (New York State Commission on Judicial

Conduct April 27, 2010) (www.scjc.state.ny.us) (6/10)

Public Reprimand of Black (North Carolina Judicial Standards Commission August 13,

2010) (www.aoc.state.nc.us/www/public/coa/jsc/publicreprimands/jsc10-013.pdf) (8/10)









complaint) (6/10)

Public Reprimand of Russell (Tennessee Court of the Judiciary November 29, 2010)

(www.tsc.state.tn.us/geninfo/COJ/documents/FLeeRussellPubReprimand.pdf) (delay of

10 years and 11 months) (12/10)

In the Matter of Love, 702 S.E.2d 115 (South Carolina 2010) (guilty plea to state charges

of misconduct in office) (12/10)

In re Sheldon, Stipulation, Agreement, and Order (Washington State Commission on

Judicial Conduct May 14, 2010) (www.cjc.state.wa.us/) (6/10)

In the Matter of Zodrow, 787 N.W.2d 815 (Wisconsin 2010) (substantial backlog of

unadjudicated citations and refusing to adjudicate parking ticket stipulation cases) (8/10)

FINANCIAL DISCLOSURE STATEMENTS

In re Sanborn, 50 So. 3d 1279 (Louisiana 2010) (failing to timely file financial disclosure

statement) (12/10)

FAILURE TO OBTAIN EDUCATION

Public Reprimand of Priddy (Texas State Commission on Judicial Conduct June 24,

2010) (failing to obtain required continuing judicial education hours, ignoring

Commission’s numerous request) (8/10)

PERSONAL CONDUCT

18





In the Matter of Koethe, 922 N.E.2d 613 (Indiana 2010) (asking law enforcement officer

to dispose of potential evidence) (4/10)

In the Matter of Post, Determination (New York State Commission on Judicial Conduct

October 12, 2010) (www.cjc.ny.gov/Determinations/P/Post.pdf) (failed to appear for

sentencing on dog-running-at-large violation and failed for 7 months to pay fine imposed;

served simultaneously as judge and court clerk of the same court; participated in fund-

raising on behalf of her and her son’s sports teams) (10/10)

Public Reprimand of Smith (North Carolina Judicial Standards Commission March 4,

2010) (www.aoc.state.nc.us/www/public/coa/jsc/publicreprimands/jsc09-138.pdf)

(intimidating and inappropriate outbursts, in another judge’s courtroom, at prosecutors in

2 cases in which his wife was the defense attorney) (4/10)

In re Belk, 691 S.E.2d 685 (North Carolina 2010) (remaining on board of directors of

corporation; intentional misrepresentations during investigation; failure to amend

charges; confrontation with chief judge) (4/10)

In the Matter of Evans, 702 S.E.2d 557 (South Carolina 2010) (shared hotel suite during

judges’ meeting with 20-year-old female who was before court; operated alternative

sentencing programs that were not approved as required by court order) (12/10)

Public Admonition of Guerrero (Texas State Commission on Judicial Conduct March 26,

2010) (www.scjc.state.tx.us/pdf/actions/FY2010-PUBSANC.pdf) (accepting tickets to

basketball games from lawyer; letter of recommendation for person with pending

criminal case) (4/10)

Public Admonition of Fitzgerald (Texas State Commission on Judicial Conduct

December 16, 2010) (serving as fiduciary for close, personal friend and friend’s daughter;

dismissing DWI case against friend) (12/10)

In re Henry, Stipulation, Agreement, and Order (Washington State Commission on

Judicial Conduct May 14, 2010) (www.cjc.state.wa.us/) (off-bench comments to 2 female

attorneys) (6/10)

ATTEMPTING TO OBTAIN FAVORABLE TREATMENT; OFF-

BENCH USE OF PRESTIGE OF OFFICE

Segal, Amended Order (Arizona Commission on Judicial Conduct June 17, 2010)

19

(http://supreme.state.az.us/ethics/Complaints/2009_Complaints/09-

041%20redacted%20final%20REPP.pdf) (injecting herself into traffic case involving her

son) (6/10)





In re Graham, Public reprimand (Georgia Judicial Qualifications Commission May 11,

2010) (www.gajqc.com/news.cfm) (confrontations with Georgia Bureau Investigation

agents and prosecutors) (6/10)

Public Admonition of Pierce (Indiana Commission on Judicial Qualifications January 26,

2010) (www.in.gov/judiciary/jud-qual/docs/admonitions/pierce-1-26-10.pdf) (invoking

office and using profanity while protesting ticket) (2/10)

In re Florom, 784 N.W.2d 897 (Nebraska 2010) (interfering in criminal case against

softball coach and juvenile case involving softball player) (8/10)

In re Calderon, Determination (New York State Commission on Judicial Conduct March

26, 2010) (www.scjc.state.ny.us) (used judicial title in communications asking prison

officials to confiscate documents; lack of forthrightness) (4/10)

In the Matter of Peters, Determination (New York State Commission on Judicial Conduct

October 6, 2010) (www.cjc.ny.gov/Determinations/P/peters.pdf) (told town board that,

unless his salary was increased, he would not preside over former judge’s court dates)

(10/10)

Public Admonition of Guerrero (Texas State Commission on Judicial Conduct March 26,

2010) (www.scjc.state.tx.us/pdf/actions/FY2010-PUBSANC.pdf) (accepting tickets to

basketball games from lawyer; letter of recommendation for person with pending

criminal case) (4/10)

In the Matter of Heavey, Stipulation, Agreement, and Order (Washington State


(www.cjc.state.wa.us/CJC_Activity/public_actions_2010.htm#5975) (writing letters on

official court stationery to members of Italian judicial system on behalf of criminal

defendant, using court staff to type letters, speaking publicly in attempt to influence)

(10/10)

DWI

In re McKay (Alaska Supreme Court March 4, 2010) (reprimand) (4/10)

20

Public Admonishment of Doyle (California Commission on Judicial Performance

October 21, 2010) (http://cjp.ca.gov./userfiles/file/Public_Admon/Doyle_10-21-10.pdf)

(causing traffic collision while driving under the influence of alcohol) (10/10)

Public Admonishment of Widdifield (California Commission on Judicial Performance

December 14, 2010) (http://cjp.ca.gov./userfiles/file/Public_Admon/Widdifield_12-14-

10.pdf) (12/10)

In re Purham, Order (Illinois Courts Commission September 14, 2010) (12/10)

Press release (McEvoy) (Massachusetts Commission on Judicial Conduct June 9, 2010)

(www.mass.gov/cjc/mcevoy692010.pdf) (6/10)

In re Nebel, 777 N.W.2d 132 (Michigan 2010) (2/10)

Press release (Johnson) (Minnesota Board on Judicial Standards October 13, 2010)

(www.bjs.state.mn.us/JohnsonWm%20Press%20Rel.pdf) (10/10)

In the Matter of Martineck, Determination (New York State Commission on Judicial

Conduct October 12, 2010) (www.cjc.ny.gov/Determinations/M/Martineck.pdf) (10/10)

In the Matter of Maney, Determination (New York State Commission on Judicial

Conduct December 20, 2010) (www.cjc.ny.gov/Determinations/M/Maney,Gerard.pdf)

(12/10)

CRIMINAL CONDUCT

In the Matter of Elliott, Order of Public Reprimand (Kentucky Judicial Conduct

Commission June 25, 2010) (insufficient funds checks) (6/10)

In re Walker, 50 So. 3d 136 (Louisiana 2010) (attorney discipline of former judge

convicted of bribery) (12/10)

In the Matter of Nalley, 999 A.2d 182 (Maryland 2010) (letting air out of tire) (8/10)

Public Reprimand of Venne (Minnesota Board on Judicial Standards February 17, 2010)

(www.bjs.state.mn.us/discip.html) (failure to file state income tax returns) (2/10)

Commission on Judicial Performance v. DeLaughter, 29 So. 3d 750 (Mississippi 2010)

(obstructing federal corruption investigation and grand jury proceeding; commission

authority to settle complaint) (4/10)

In the Matter of Post, Determination (New York State Commission on Judicial Conduct

October 12, 2010) (www.cjc.ny.gov/Determinations/P/Post.pdf) (failed to appear for

21

sentencing on dog-running-at-large violation and failed for 7 months to pay fine imposed;

served simultaneously as judge and court clerk of the same court; participated in fund-

raising on behalf of her and her son’s sports teams) (10/10)

Disciplinary Counsel v. Russo, 923 N.E.2d 144 (Ohio 2010) (domestic violence) (2/10)

Disciplinary Counsel v. Bowling, 937 N.E.2d 95 (Ohio 2010) (using marijuana) (10/10)

Public Warning of Densen (Texas State Commission on Judicial Conduct October 14,

1010) (www.scjc.state.tx.us/pdf/actions/FY2011-PUBSANC.pdf) (keying neighbor’s car)

(12/10)

In re Hecht, Decision (Washington State Commission on Judicial Conduct May 14, 2010)

(www.cjc.state.wa.us/) (conviction of patronizing prostitute and felony harassment;

former judge) (6/10), aff’d, In re Hecht, Order (Washington State Commission on

Judicial Conduct August 5, 2010)

(www.cjc.state.wa.us/CJC_Activity/public_actions_2010.htm#5863) (8/10)

CONDUCT OF PART-TIME JUDGES

In the Matter of Boggia, 998 A.2d 949 (New Jersey 2010) (political contribution by firm)

(8/10)

CAMPAIGN CONDUCT

Segal, Amended Order (Arizona Commission on Judicial Conduct November 30, 2010)

(www.azcourts.gov/Portals/37/Segal_Rep_09-234.pdf) (criticizing opponent under guise

of fictitious identity in comment to on-line newspaper story) (12/10)

Inquiry Concerning Dempsey, 29 So. 3d 1030 (Florida 2010) (misrepresentations in

campaign advertisements) (2/10)

Inquiry Concerning Colodny, 51 So.3d 430 (Florida 2010) (identifying $125,000 lent by

her father on campaign disclosure form as loans from herself) (12/10)

In re Sanders, 777 N.W.2d 134 (Michigan 2010) (serving as treasurer for her own

campaign and for running for mayor while judicial candidate and after being sworn in)

(2/10)

In re McGrath, Determination (New York State Commission on Judicial Conduct

February 5, 2010) (www.scjc.state.ny.us) (campaign letter to pistol permit holders) (2/10)

22

The North Carolina State Bar v. Hunter (North Carolina Court of Appeals June 1, 2010)

(judicial candidate referred to herself as “Madame Justice”), discretionary review denied,

The North Carolina State Bar v. Hunter, 705 S.E.2d 379 (2010) (6/10)

FIRST AMENDMENT CHALLENGES

Wolfson v. Brammer, 616 F.3d 1045 (9th Circuit 2010) (justiciability) (8/10)

Bauer v. Shepard, 620 F.3d 704 (7th Circuit 2010) (personal solicitation clause, partisan

activities clause, commits clause, and recusal clause) (8/10)

Carey v. Wolnitzek, 614 F.3d 189 (6th Circuit 2010) (personal solicitation clause, party

affiliation clause, commits clause) (8/10)

Wersal v. Sexton, 613 F.3d 821 (8th Circuit 2010) (endorsement clause; personal

solicitation clause; solicitation for political organization or candidate clause) (8/10)

Yost v. Stout, 607 F.3d 1239 (10th Circuit 2010) (dismissing appeal from decision

upholding public endorsement clause) (6/10)

The North Carolina State Bar v. Hunter (North Carolina Court of Appeals June 1, 2010)

(judicial candidate referred to herself as “Madame Justice”) (6/10)

Democracy Rising PA v. Celluci (U.S. Court of Appeals for the 3rd Circuit May 14,

2010) (affirming dismissal of lawsuit challenging commits clause) (6/10)

Siefert v. Alexander, 608 F.3d 974 (7th Circuit 2010) (party affiliation ban; public

endorsement; personal solicitation) (6/10)

In the Matter of Gableman, 784 N.W.2d 605 & 784 N.W.2d 631 (Wisconsin 2010)

(misrepresentations in campaign ad) (6/10)

POLITICAL CONDUCT NOT RELATED TO JUDGE’S OWN

JUDICIAL CAMPAIGN

In re Sanders, 777 N.W.2d 134 (Michigan 2010) (serving as treasurer for her own

campaign and for running for mayor while judicial candidate and after being sworn in)

(2/10)

Inquiry Concerning Complaint of Judicial Standards Commission v. Not Afraid, 245 P.3d

1116 (Montana 2010) (running for tribal chair) (12/10)

COMMISSION PROCEDURES

23





Proctor v. Daniels (Arkansas Supreme Court April 30, 2010) (removed judge holding

judicial office in the future) (4/10)

Commission on Judicial Performance v. DeLaughter, 29 So. 3d 750 (Mississippi 2010)

(obstructing federal corruption investigation and grand jury proceeding; commission

authority to settle complaint) (4/10)




In re Hecht, Decision (Washington State Commission on Judicial Conduct May 14, 2010)

(www.cjc.state.wa.us/) (conviction of patronizing prostitute and felony harassment;

former judge) (6/10)

In re Squire, 617 F.3d 461 (6th Circuit 2010) (reciprocal federal discipline) (8/10)

FAILURE TO COOPERATE WITH COMMISSION; LYING TO

COMMISSION; ASKING WITNESS TO LIE; RETALIATING

AGAINST COMPLAINANT

In re Calderon, Determination (New York State Commission on Judicial Conduct March

26, 2010) (www.scjc.state.ny.us) (used judicial title in communications asking prison

officials to confiscate documents; lack of forthrightness) (4/10)






complaint) (6/10)

Public Reprimand of Priddy (Texas State Commission on Judicial Conduct June 24,

2010) (failing to obtain required continuing judicial education hours, ignoring

Commission’s numerous requests) (8/10)

CLOSED CASE

24

In re Nix, Consent order (Georgia Judicial Qualifications Commission December 7,

2010) (www.gajqc.com/news.cfm) (12/10)

In re Bagwell, Report of disposition (Georgia Judicial Qualifications Commission

December 9, 2010) (www.gajqc.com/news.cfm) (12/10)

In re James, Report of disposition (Georgia Judicial Qualifications Commission

December 9, 2010) (www.gajqc.com/news.cfm) (12/10)

In the Matter of Moreland, 924 N.E.2d 107 (Indiana 2010) (4/10)

Inquiry Concerning Ramirez, Order (New Mexico Supreme Court February 1, 2010)

(4/10)

In the Matter of Grant, Order (New Mexico Supreme Court May 14, 2010) (6/10)

Inquiry Concerning Guillory, Order (New Mexico Supreme Court September 17, 2010)

(10/10)

In the Matter of Locatelli, Order (New Mexico Supreme Court November 5, 2010)

(www.nmjsc.org/docs/SKMBT_C55210110809000.pdf) (12/10)

In the Matter of Fuentez, Order (New Mexico Supreme Court December 27, 2010)

(12/10)

In the Matter of Crenshaw, Order (New Mexico Supreme Court December 28, 2010)

(12/10)

In the Matter of McIntyre, Decision and Order (New York State Commission on Conduct

October 4, 2010) (www.cjc.ny.gov/Determinations/M/McIntyre.pdf) (10/10)

In the Matter of Perkins, Decision and Order (New York State Commission on Conduct

December 9, 2010) (www.cjc.ny.gov/Determinations/P/Perkins.pdf) (12/10)

In re Brennion-Nease, Voluntary Agreement to Resign from Judicial Office in Lieu of

Disciplinary Action (Texas State Commission on Judicial Conduct February 7, 2010)

(4/10)

In re Purvis, Voluntary Agreement to Resign from Judicial Office in Lieu of Disciplinary

Action (Texas State Commission on Judicial Conduct September 30, 2010) (12/10)

In re Murray, Voluntary Agreement to Resign from Judicial Office in Lieu of

Disciplinary Action (Texas State Commission on Judicial Conduct October 14, 2010)

(12/10)

25

In re Helm, Voluntary Agreement to Resign from Judicial Office in Lieu of Disciplinary

Action (Texas State Commission on Judicial Conduct April 15, 2010) (12/10)

In re Hurse, Voluntary Agreement to Resign from Judicial Office in Lieu of Disciplinary

Action (Texas State Commission on Judicial Conduct April 15, 2010) (12/10)

judicial conduct case summaries 2010 index€¦ · judicial conduct case summaries 2010 index...

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