Throwback Thursday

5 years ago this month:

  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for entering an ex parte order in post-conviction matters from which he had recused himself after the Commission began investigating his 2-year delay in deciding the defendant’s petition for post-conviction relief.  Jantzen, Order (Arizona Commission on Judicial Conduct May 13, 2019).
  • Based on a stipulation, the California Commission on Judicial Performance severely censured a judge for (1) failing to accept responsibility for a ticket for running a red light until instructed to do so by her presiding judge, knowingly participating in her husband’s request for a trial by written declaration, which resulted in the citation being dismissed, and misusing court staff in connection with the ticket; (2) having an ex parte telephone conversation with a deputy district attorney about a question from a jury and responding to the question in writing outside the presence of the defendant and his attorney and without their knowledge; (3) saying to the defendant in a restraining order proceeding, “You can’t down a couple of 40s before you go pick [your children] up before a visit because that’s not good.  Do you understand?”; and (4) making several remarks that reflected poor demeanor and bias to a self-represented litigant in a civil proceeding.  In the Matter Concerning Symons, Decision and order (California Commission on Judicial Performance May 20, 2019).
  • The California Commission on Judicial Performance publicly admonished a judge for failing to resentence a defendant for over 3 years after being directed to do so by the Court of Appeal.  In the Matter Concerning Sandoval, Decision and order (California Commission on Judicial Performance May 20, 2019).
  • Based on a joint statement of circumstances and conditional agreement for discipline, the Indiana Supreme Court suspended a judge without pay for 45 days for appointing an unqualified friend as trustee of a trust and personal representative of a related estate, failing to disclose the friendship and his financial relationship with the friend, and failing to act when faced with evidence of his friend’s mismanagement and embezzlement.  In the Matter of Freese, 123 N.E.3d 683 (Indiana 2019).
  • Adopting the findings of the Judicial Standards Commission and agreeing with its conclusions and recommendation based on a stipulation and agreement, the North Carolina Supreme Court publicly reprimanded a judge for her making pervasive complaints about the Chief Judge’s personal integrity and fairness that she made to active and retired judges, court staff, local attorneys, the Administrative Office of the Courts, and the Commission and failing to diligently discharge her duties.  In re Smith, 827 S.E.2d 516 (North Carolina 2019).
  • Following a trial de novo, a Texas Special Court of Review issued 2 public reprimands to a former judge for (1) ordering children removed from their mothers’ custody and given to their father without a verified pleading or affidavit and (2)(a) inappropriately touching another judge and 2 court clerks at a social function and sending the other judge an offensive text message and (b) making disparaging comments about the county district attorney’s office in court in 2 cases.  In re Williams, Opinion (Texas Special Court of Review May 17, 2019).
  • Based on the findings and recommendation of the Judicial Conduct Commission, the Utah Supreme Court suspended a judge for 6 months without pay for (1) a statement to a defendant who had not paid a fine that appeared to demean the defendant and included political commentary regarding President Trump’s immigration and tax policies; (3) a Facebook post that criticized then-presidential candidate Donald Trump; and (2) losing his temper with a member of the court’s staff and using his authority to seek her removal from the premises.  In re Kwan, 443 P.3d 1228 (Utah May 2019).
  • Based on a formal complaint, to which the judge stipulated, the Vermont Judicial Conduct Board publicly reprimanded a judge for, in small claims cases, issuing arrest warrants for judgment debtors without due process, financial disclosure hearings, or contempt hearings; setting “purge amounts” on the arrest warrants without a finding of an individual’s ability to pay; and continuing financial disclosure hearings on a rolling, on-going basis even when there was sufficient evidence that a judgment debtor was unable to pay.  In re Vance, Public reprimand with order (Vermont Judicial Conduct Board May 28, 2019).
  • Based on the recommendation of a judicial conduct panel after the judge admitted the allegations in the complaint filed by the Judicial Commission, the Wisconsin Supreme Court suspended a judge for 5 days for (1) initiating an ex parte communication with a prosecutor about plea negotiations in 1 case and (2) independently investigating a defendant on the internet prior to sentencing in a second case.  Judicial Commission v. Piontek, 927 N.W.2d 552 (Wisconsin 2019).
  • Based on a special committee report, the Judicial Council of the U.S. Court of Appeals for the 7th Circuit publicly admonished a judge for his practice of ex parte communications with the U.S. Attorney’s Office.  In re Bruce, Memorandum (U.S. Court of Appeals for the 7th Circuit May 14, 2019).

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