Throwback Thursday

10 year ago this month:

  • Pursuant to an agreement, the Arizona Supreme Court publicly censured a part-time judge who, during a hearing to set a trial date, failed to provide the defendant with an attorney after the defendant made 3 requests to continue the matter so his public defender could be present, failed to comply with the rules of criminal procedure, and raised the defendant’s bond without a valid basis. In the Matter of Colglazier, Order (Arizona Supreme Court December 29, 2006).
  • Pursuant to an agreement, the Arizona Supreme Court publicly censured a judge for (1) failing to following the procedures for a summary criminal contempt proceeding, denying a couple an opportunity to make a phone call or speak with an attorney prior to being taken into custody and (2) imposing strict sanctions on litigants, witnesses, and attorneys for minor disruptions in court proceedings. In the Matter of Malka, Order (Arizona Supreme Court December 29, 2006).
  • Adopting the masters’ factual findings and legal conclusions, the California Commission on Judicial Performance removed a judge from office for (1) signing 4 campaign disclosure statements under penalty of perjury that falsely listed herself as the source of a $20,000 contribution to her campaign, (2) 2 convictions for driving under the influence of alcohol, and (3) improperly questioning a prosecutor concerning his reasons for exercising his unqualified right to disqualify her from a judicial proceeding. Inquiry Concerning Hall, Decision and Order (California Commission on Judicial Performance December 10, 2006).
  • Approving a stipulation, the California Commission on Judicial Performance censured a former judge and barred her from receiving an assignment, appointment, or reference of work from any California state court for, in 42 instances in 5 different criminal cases, berating, scolding, and belittling attorneys, litigants, witnesses, and a prospective juror, and, in 2 cases, improperly suggesting that the defendant’s testimony was untruthful. Inquiry Concerning Shaw, Decision and Order (California Commission on Judicial Performance December 21, 2006).
  • The Florida Supreme Court removed a judge from office for (1) the unjustified and preventable arrest and incarceration of 11 citizens who were late to his courtroom because they had been misdirected to the wrong courtroom; (2) declining to release a defendant pursuant to the clear mandate of a rule of criminal procedure; and (3) being rude, abrupt, and abusive in his treatment of a criminal defendant. Inquiry Concerning Sloop, 946 So. 2d 1046 (Florida 2006).
  • Accepting a conditional agreement for discipline, the Indiana Supreme Court publicly reprimanded a judge for failing to execute an appropriate order or provide proper instruction to his court reporter for the release of a probationer following a court of appeals decision reversing his revocation of probation, which resulted in the probationer unnecessarily spending over 1 year incarcerated and 1 year on supervised parole. In the Matter of Newman, 858 N.E.2d 632 (Indiana 2006).
  • Accepting the recommendation of the Judiciary Commission based on stipulated facts and to which the judge had consented, the Louisiana Supreme Court publicly censured a non-lawyer justice of the peace who had engaged in the unauthorized practice of law by performing services in 16 cases that may only be undertaken by a person licensed to practice law. In re Crawford, 943 So.2d 331 (Louisiana 2006).
  • The Nevada Commission on Judicial Discipline ordered a judge to write a letter of apology to the county bar association for representing in a campaign brochure that the bar association “overwhelmingly endorsed” him even though the bar association does not endorse judicial candidates. In the Matter of Higgins, Findings of Fact, Conclusions of Law, Decision and Order (Nevada Commission on Judicial Discipline December 4, 2006).
  • The New York State Commission on Judicial Conduct removed a non-lawyer judge who had (1) participated in the collection of signatures on designating petitions for candidates for local political office and in the filing of the petitions with the county board of elections; (2) refused to answer questions during the Commission investigation; (3) failed to effectuate a defendant’s right to counsel, attempted to elicit incriminating statements from the defendant, engaged in unauthorized ex parte communications, and conveyed the impression that he was biased against the defendant; (4) expressed bias and hostility toward the county district attorney’s office and attempted to intimidate an assistant district attorney and the district attorney from making a complaint about him to the Commission; and (5) while presiding over various criminal cases, engaged in unauthorized ex parte communications and made statements or otherwise engaged in conduct indicating that his impartiality might reasonably be questioned. In the Matter of Greaney, Determination (New York State Commission on Judicial Conduct December 18, 2006).
  • Based on an agreed statement of facts and joint recommendation, the New York State Commission on Judicial Conduct publicly admonished a non-lawyer judge who held a defendant in contempt without giving the defendant a warning or an opportunity to desist or make a statement on his own behalf and failing to issue an order stating the facts constituting the offense and held the defendant’s attorney in contempt for attempting to make a record without a warning or issuing an order stating the facts constituting the offense. In the Matter of Van Slyke, Determination (New York State Commission on Judicial Conduct December 18, 2006).
  • Pursuant to a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly reprimanded a judge who engaged in a routine pattern and practice of failing to properly advise criminal defendants of their constitutional rights at arraignment and probation review hearings and to ensure that guilty pleas were validly entered. In the Matter of Helbling, Stipulation, Agreement, and Order (Washington State Commission on Judicial Conduct December 1, 2006).

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