Recent cases

  • Based on a stipulated resolution in which the judge agreed not to serve in any judicial capacity in the state after his current term ends on December 31, 2022, the Arizona Commission on Judicial Conduct concluded formal charges alleging that the judge had used profanity and discharged a firearm in the vicinity of an individual and used profanity toward a process server who was serving him with a subpoena to testify at a criminal hearing involving that individual, who was subsequently convicted of stalking the judge. Inquiry Concerning Watters, Final order (Arizona Commission on Judicial Conduct September 7, 2022).
  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for failing to decide an appeal from a limited jurisdiction court within 60 days as required. Nichols, Order (Arizona Commission on Judicial Conduct May 24, 2022).
  • Based on the judge’s resignation and agreement not to seek, request, or accept any elected or appointed judicial office, the Georgia Judicial Qualifications Commission resolved its investigation of allegations that a former chief magistrate judge had committed the offenses of criminal trespass, terroristic threats, and violation of his oath of office by entering onto another’s property and taking peas without the owner’s permission and threatening to assault the owner when confronted. In re Anderson, Report of disposition (Georgia Judicial Qualifications Commission August 11, 2022).
  • Based on an agreed statement of facts and joint recommendation, the New York State Commission on Judicial Conduct publicly censured a part-time judge for including her judicial title in the email address that she used on notices of appearances and emails she submitted to several courts when representing a client and improperly using her judicial title on a consent-to-change attorney form. In the Matter of Robichaud, Determination (New York State Commission on Judicial Conduct August 24, 2022).
  • Based on an agreed statement of facts, the New York State Commission on Judicial Conduct removed a non-lawyer judge from office for (1) brandishing his loaded gun at a litigant in the courtroom, repeatedly mentioning the litigant’s race when recounting the incident, and boasting about the incident and (2) sharing fundraising posts for the Elks Lodge on his personal Facebook page. In the Matter of Putorti, Determination (New York State Commission on Judicial Conduct September 9, 2022), on appeal.
  • Accepting a stipulation based on the judge’s resignation and affirmation that he will not seek or accept judicial office in the future, the New York State Commission on Judicial Conduct concluded a formal complaint alleging that a former judge had refused to appoint the county public defender’s office to represent indigent criminal defendants because of his animosity toward the public defender and his concern that the office would criticize him and falsely claimed that the public defender had accused him and his court clerk of forging their signatures on court documents. In the Matter of Gumo, Decision and order (New York State Commission on Judicial Conduct September 22, 2022).
  • • Accepting a stipulation based on the judge’s resignation and affirmation that she will not seek or accept judicial office in the future, the New York State Commission on Judicial Conduct concluded an investigation of allegations that the former non-lawyer judge had an adversarial relationship with the police department; had violated prohibitions on campaign activity; was discourteous toward and made disrespectful comments about court staff and courtroom spectators; had attempted to implement staffing decisions without involving her co-judge or the town board; and had failed to maintain professional competence in the law. In the Matter of Andreassen, Decision and order (New York State Commission on Judicial Conduct September 22, 2022).
  • • 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 (1) on his LinkedIn profile, liking, sharing, and/or commenting on posts that cast doubt on his ability to be impartial in matters involving law enforcement, that were related to partisan politics, that commented on matters of public controversy, that constituted public comment about a pending or impending proceeding in another court, or that appeared to lend the prestige of his judicial office to advance a fundraising appeal; and (2) served as a “peer support member” of the county sheriff’s critical incident stress management team. In the Matter of Elia, Determination (New York State Commission on Judicial Conduct September 28, 2022).
  • • Accepting an agreed statement of facts and joint recommendation, the New York State Commission on Judicial Conduct publicly censured a judge for (1) his handling of 3 small claims cases, including engaging in ex parte communications, failing to administer an oath or affirmation to the litigants, and allowing the litigants to interrupt him and each other and argue back and forth; (2) changing the terms of a plea agreement based on an ex parte conversation with the defendant’s attorney and without notice to or the consent of the prosecution; (3) in 4 traffic infraction cases, engaging in ex parte communications with the defendants and, in 2 of the cases, reducing or dismissing the charges without notice to or the consent of the prosecution; and (4) telling a defendant at arraignment in an environmental conservation law case, “So you have been dumping some waste off the side of the road, in streams and so on?”, failing to advise the defendant of his rights, and failing to take any action to accord the defendant an opportunity to exercise those rights. In the Matter of Arndt, Determination (New York State Commission on Judicial Conduct September 28, 2022).
  • • The Texas State Commission on Judicial Conduct publicly warned a judge for failing to recuse herself from 4 cases involving a party with whom she had a relationship or to disclose the relationship; the Commission also ordered the judge to obtain 4 hours of education with a mentor. Public Warning of Morris and Order of Additional Education (Texas State Commission on Judicial Conduct August 29, 2022), on appeal to special court of review.
  • • The Texas State Commission on Judicial Conduct publicly warned a judge for yelling at an assistant district attorney during a hearing, yelling at the defendant’s attorneys during a hearing in a civil case, making comments about a criminal defendant’s medical issues during a hearing, and yelling at a court interpreter during a hearing in a 4th case. Public Warning of Rangel (Texas State Commission on Judicial Conduct August 22, 2022), on appeal to special court of review.
  • • The Texas State Commission on Judicial Conduct publicly admonished a judge for filing a response to a motion to recuse. Public Admonition of Rangel (Texas State Commission on Judicial Conduct August 22, 2022), on appeal to special court of review.
  • • Following a hearing on stipulated facts, the Vermont Judicial Conduct Board publicly reprimanded a former judge for approving his own request for a bonus payment over and above the compensation to which he was entitled by statute. In re Delaney, Disposition report (Vermont Judicial Conduct Board September 19, 2022).
  • • Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly reprimanded a judge for making 3 racially insensitive and/or race-based stereotypical comments. In re Mahoney, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct September 9, 2022).
  • • Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly censured a former judge who had pled guilty to assault with sexual motivation on subordinate court staff. In re Gallina, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct September 9, 2022).

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