Throwback Thursday

5 years ago this month:

  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for rude and inappropriate statements during a sentencing hearing, for example, stating “to some extent I think ‘dumb-a**’ should be engraved on his forehead.”  Ditsworth, Order (Arizona Commission on Judicial Conduct November 13, 2017).
  • The Nevada Commission on Judicial Discipline suspended a judge for 60 days without pay, fined him $5,000, to be paid to an anti-bullying organization, and ordered him to submit to a psychiatric exam for (1) making comments to a reporter about 2 pending cases to protect his re-election bid; (2) refusing to vacate a hearing in a case in which a motion for recusal was pending and advising a party to file a complaint against opposing counsel with the State Bar; and (3) failing to accord plaintiff’s counsel the right to be heard during a hearing, repeatedly using intemperate language and yelling at her, directing that she be handcuffed, and holding her in contempt.  In the Matter of Potter, Findings of fact, conclusions of law, and imposition of discipline (Nevada Commission on Judicial Discipline November 22, 2017).  The Commission also ordered the judge to complete a judicial education course on dealing with difficult parties and attorneys, to write letters of apology to 2 attorneys, and to perform 10 hours of community service with the Southern Nevada Antibullying Council, which supports the school district’s anti-bulling program, or with a similar organization.
  • Based on an agreed statement of facts, the New York State Commission on Judicial Conduct publicly admonished a judge for, after arraigning a defendant and entering an order of protection, receiving unsolicited ex parte information from 2 sources claiming that the defendant had violated the order of protection, failing to disclose the communications, repeating the information as fact during a pre-trial conference, and reiterating the accusations when he accepted a plea agreement, sentenced the defendant, and issued a 6-month order of protection.  In the Matter of Curran, Determination (New York State Commission on Judicial Conduct November 14, 2017).
  • Affirming the Court of Judicial Discipline, the Pennsylvania Supreme Court upheld the removal of a judge for seeking the advice of another judge about her son’s case and acquiescing in his offer to communicate ex parte with the judge who was handling the case.  In re Roca, 173 A.3d 1176 (Pennsylvania 2017).
  • Affirming the Court of Judicial Discipline, the Pennsylvania Supreme Court upheld a judge’s removal for listening to another judge’s requests for favorable treatment for parties in 3 cases.  In re Segal, 173 A.3d 603 (Pennsylvania 2017).
  • Pursuant to the judge’s agreement, the Tennessee Board of Judicial Conduct publicly reprimanded a judge for (1) threatening to end a house arrest program if a defendant’s attorney did not withdraw an objection and (2) entering an order giving 30 days credit toward completion of a sentence to any male inmate who received a vasectomy and any female inmate who received a birth control implant.  Letter to Benningfield (Tennessee Board of Judicial Conduct November 15, 2017).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for his treatment of prospective jurors and his use of the contempt power against lawyers; the Commission also ordered the judge to take 8 hours of additional education.  Public Reprimand of Aguilar and Order of Additional Education (Texas State Commission on Judicial Conduct November 6, 2017).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for (1) communicating ex parte with the judge presiding over her nephew’s criminal case and voluntarily testifying as a character witness at his probation revocation hearing and (2) shaming and reprimanding jurors for their guilty verdict.  Public Reprimand of Hawthorne (Texas State Commission on Judicial Conduct November 9, 2017).
  • The Texas State Commission on Judicial Conduct publicly warned a judge for his exchange with an umpire at his son’s baseball game in which he inappropriately and unnecessarily injected his judicial position; the Commission also ordered the judge to obtain 2 hours of instruction with a mentor.  Public Warning of Warren and Order of Additional Education (Texas State Commission on Judicial Conduct November 10, 2017).
  • The West Virginia Judicial Investigation Commission publicly admonished a judge for (1) failing to give a defendant a jury trial as he had timely requested and to respond to the allegations and (2) publicly endorsing a candidate for appointment for magistrate and commenting on an impending matter against a former magistrate.  Public Admonishment of Halloran (West Virginia Judicial Investigation Commission November 2, 2017).
  • The West Virginia Judicial Investigation Commission publicly admonished a former magistrate for ex parte communications with assistant prosecutors about cases in which she was presiding and for failing to ensure that her staff complied with the restraints on communication with law enforcement and potential witnesses.  In the Matter of Yeager (West Virginia Judicial Investigation Commission November 30, 2017).

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