Recent cases

  • Based on a stipulation and the judge’s retirement and agreement not to serve in a judicial capacity in the future, the California Commission on Judicial Performance publicly admonished a judge for intruding into the charging authority of the district attorney, questioning a deputy district attorney about the filing of a peremptory challenge, choosing a successor judge to handle a case after his disqualification, engaging in improper ex parte communications with the district attorney, and engaging in conduct toward the district attorney that was discourteous and conveyed the appearance of bias, embroilment, and prejudgment.  In the Matter Concerning Tamietti, Decision and order (California Commission on Judicial Performance October 14, 2020) .
  • The California Commission on Judicial Performance publicly admonished a judge for (1) interrogating a witness in a hostile manner in a civil jury trial, making sarcastic remarks, and mishandling the witness’s assertion of her privilege against self-incrimination, and (2) questioning the parties and counsel in an injudicious manner in a quiet title action.  In the Matter Concerning Roesch, Decision and order (California Commission on Judicial Performance October 15, 2020).
  • Accepting the determination of the State Commission on Judicial Conduct, the New York Court of Appeals upheld the removal of a judge for (1) engaging in a pattern of inappropriate behavior toward court staff, including unwelcome comments of a sexual nature; (2) allowing his court secretary to prepare a letter to obtain payment for legal work he performed prior to becoming a full-time judge; and (3) failing to file timely and accurate disclosure reports of his income from his extra-judicial activities with the IRS, the New York State Department of Taxation and Finance, the Ethics Commission for the Unified Court System, and the clerk of the court.  In the Matter of Miller (New York Court of Appeals October 15, 2020).
  • The Texas State Commission on Judicial Conduct publicly admonished a judge for revoking a defendant’s probation without having the probation officer sworn in before testifying, denying the defendant the right to present evidence, and denying an appeal bond; the Commission also ordered the judge to obtain 2 additional hours of education.  Public Admonition of Christian and Order of Additional Education (Texas State Commission on Judicial Conduct August 12, 2020).
  • The Texas State Commission on Judicial Conduct publicly admonished a judge for refusing to allow a defendant’s counsel access to the defendant’s court records and providing the police chief an interoffice memo about the case ex parte; the Commission also ordered the judge to obtain 4 additional hours of instruction.  Public Admonition of Del Carmen and Order of Additional Education (Texas State Commission on Judicial Conduct August 12, 2020).
  • The Texas State Commission on Judicial Conduct publicly admonished a judge for making a phone call on his aunt’s behalf to determine the whereabouts of a horse and exhibiting poor demeanor during the call; the Commission also ordered the judge to receive 2 additional hours of education.  Public Admonition of Foley and Order of Additional Education (Texas State Commission on Judicial Conduct August 12, 2020).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for speaking publicly about a domestic violence victim during a political forum.  Public Reprimand of Howard (Texas State Commission on Judicial Conduct August 12, 2020).
  • The Texas State Commission on Judicial Conduct publicly warned a judge for requesting that law enforcement officers target and issue traffic citations to commercial vehicles associated with a solar farm project that was next to property owned by her family and making racially insensitive comments about people of Mexican descent in her communications with law enforcement officers; the Commission also ordered the judge to obtain 2 hours of instruction with a mentor.  Public Warning of Plaster and Order of Additional Education (Texas State Commission on Judicial Conduct August 12, 2020).
  • The West Virginia Judicial Investigation Commission publicly admonished a judge for going to the homes of litigants to determine if they had in their possession disputed marital personal property and/or to supervise the transfer of the items.  In the Matter of Shuck, Public admonishment (West Virginia Judicial Investigation Commission August 25, 2020).

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