Throwback Thursday

10 years ago this month:

  • Based on a conditional agreement for discipline, the Indiana Supreme Court publicly reprimanded a judge for driving while intoxicated. In the Matter of Felts, 902 N.E.2d 255 (Indiana 2009).
  • The Indiana Supreme Court suspended a judge from office for 60 days without pay for excessive delays in ruling on prisoners’ petitions for post-conviction relief, which resulted in 1 prisoner being incarcerated for nearly 2 years longer than necessary, and for delay in reporting to the Judicial Qualifications Commission and providing incomplete and inaccurate information to the Commission. In the Matter of Hawkins, 902 N.E.2d 231 (Indiana 2009).
  • Based on an agreed statement of facts and joint recommendation, the New York State Commission on Judicial Conduct publicly admonished a non-lawyer judge, for, in a summary eviction matter, visiting the office of an attorney who represented the defendant in a related matter, questioning the attorney’s secretary about the defendant’s finances, and, based on the information, ruling against the defendant and issuing an order of eviction. In the Matter of Bishop, Determination (New York State Commission on Judicial Conduct March 18, 2009).
  • Based on an agreed statement of facts and joint recommendation, the New York State Commission on Judicial Conduct publicly censured a non-lawyer judge for permitting 6 defendants charged with speeding to plead guilty to a reduced charge without the consent of the prosecutor. In the Matter of Schurr, Determination (New York State Commission on Judicial Conduct March 23, 2009).
  • Based on a referee’s proposed findings of fact and conclusions of law, to which the judge stipulated, and a joint recommendation, the New York State Commission on Judicial Conduct publicly censured a judge for, while a part-time judge (1) arranging to have charges against his client filed in a court that did not have jurisdiction to circumvent the prohibition against practicing law in his own court; (2) failing to disqualify himself in a case notwithstanding that he had previously represented the complaining witness and holding the defendant in summary contempt without complying with proper procedures; and (3) representing defendants in 3 cases that had originated in his court. In the Matter of Aison, Determination (New York State Commission on Judicial Conduct March 26, 2009).
  • The Ohio Supreme Court permanently disbarred a judge who burned down his house to defraud an insurance company for which he had been found guilty on 2 federal counts of mail fraud, 1 count of use of fire to commit mail fraud, 1 count of conspiracy to use fire to commit mail fraud, and 2 counts of money laundering. Disciplinary Counsel v. McAuliffe, 903 N.E.2d 1209 (Ohio 2009).
  • The Texas State Commission on Judicial Conduct publicly warned a justice of the peace for facilitating and permitting the paddling of juveniles in his courtroom. Public Warning of Garza (Texas State Commission on Judicial Conduct March 9, 2009).
  • The Texas State Commission on Judicial Conduct publicly warned a justice of the peace for failing to provide notice to the plaintiff in a small claims case or to hold a hearing before ruling on the defendant’s untimely motion to set aside a default judgment; setting the case for trial without expressly granting or denying the defendant’s motion; conducting the trial after the court had lost jurisdiction; entering a second judgment in the case after the default judgment in favor of the plaintiff became final; and preventing the plaintiff from testifying about the car wreck or the damage to her vehicle. Public Warning of Torres and Order of Additional Education (Texas State Commission on Judicial Conduct March 9, 2009).

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