Recent cases

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  • In an exercise of its superintending authority, the Arkansas Supreme Court publicly admonished a judge for entering an order on remand that purported to stay the Court’s mandate regarding whether attorneys could carry firearms in the courthouse and that made “disparaging remarks” about the Court’s decision; the Court also ordered that he complete a web-based course with the National Judicial College and 3 hours of ethics continuing legal education.  Steinbuch v. Pulaski County Circuit Court, Per curiam (Arkansas Supreme Court May 31, 2024).
  • Approving a stipulation for discipline by consent, the California Commission on Judicial Performance issued a severe public censure to a judge for, to influence the trial prosecutor’s decision about calling a rebuttal witness during the retrial of a murder case, initiating an ex parte communication with another prosecutor who had been observing the trial and for making a misleading disclosure to the parties and a misleading report to the Commission.  In the Matter Concerning Cole, Decision and order (California Commission on Judicial Performance May 28, 2024).
  • Based on a stipulation and the judge’s irrevocable resignation and agreement not to serve as a judicial officer in the state, the California Commission on Judicial Performance imposed a severe public censure on a former judge and barred him from serving in judicial office in the state for (1) presiding in 44 cases without disclosing the extent of his relationships and familiarity with attorneys or parties involved in the cases; (2) his sexual misconduct with a female acquaintance; (3) in a custody case, disregarding the father’s fundamental rights, abusing his authority, and engaging in ex parte communications; (4) in a second custody case, abusing his authority, disregarding the father’s fundamental rights, threatening to report the father’s attorney to the bar, making a ruling out of pique, and making sarcastic and gratuitous comments; (5) making undignified, sarcastic, and gratuitous comments in 5 proceedings; (6) before he became a judge, making inappropriate comments about an attorney in the courtroom; (7) making a statement that would reasonably be interpreted as a threat to report an attorney to the State Bar in retaliation for her filing a motion to disqualify him; (8) providing legal options to a friend about family law questions that arose at the school where she was employed; (9) during an online judicial candidate debate, falsely stating that he had never been disciplined by the Commission; and (10) using his chambers to participate in an online candidate debate and to film videos for his campaign.  In the Matter Concerning Kreis, Decision and Order (California Commission on Judicial Performance May 28, 2024).
  • Adopting the recommendation of the Commission on Judicial Discipline based on the judge’s stipulation, the Colorado Supreme Court publicly censured a former judge for (1) while serving as a magistrate, engaging in an intimate relationship with his judicial assistant for approximately a year and failing to disclose that relationship on his applications for judicial appointments and during the disciplinary proceeding; (2) referring to a different judicial assistant using a derogatory term, discussing with his judicial assistant and a law student intern his “alternative ‘lifestyle’ of consensual non-monogamy,” asking the intern to help him use the Tinder dating application, and pursuing a personal relationship with a former law clerk; and (3) abusing the prestige of his judicial office and initiating ex parte communications with another judge and that judge’s clerk to expedite a probate matter involving his father’s estate.  Adopting the special masters’ recommendation, the Court also ordered the former judge to pay the Commission’s attorney fees of $51,189.50.  In the Matter of Scipione, Opinion (Colorado Supreme Court May 6, 2024).
  • Accepting a stipulation and approving the proposed sanction, the Florida Supreme Court publicly reprimanded a judge for delays in rendering timely orders and failing to appropriately document cases he had under advisement as required by the court rules of.  Inquiry Concerning Beamer (Florida Supreme Court May 9, 2024).
  • With the judge’s consent, the Idaho Judicial Council publicly reprimanded a judge for “workplace conduct while performing judicial duties” in the courthouse; the Council also imposed an educational requirement.  Public Reprimand (Meienhofer) (Idaho Judicial Council May 1, 2024).
  • Based on a statement of circumstances and conditional agreement for discipline, the Indiana Supreme Court suspended a judge for 45 days without pay for (1) failing to supervise the processing of orders by his staff, which resulted in him presiding over civil cases in which he or his son were the attorneys of record; (2) erroneously issuing an ex parte change-of-custody order without giving the opposing party notice or an opportunity to respond; and (3) failing to supervise the processing of criminal cases by his staff, which led to delays in issuing warrants and entering chronological case summaries, missing orders, and the involuntary dismissal of 16 criminal cases.  In the Matter of the Norrick, Per curiam opinion (Indiana Supreme Court May 17, 2024).
  • The Indiana Commission on Judicial Qualifications publicly admonished a former judge for, during a hearing, providing through his court reporter the money a defendant needed to pay a default judgment.  Public Admonition of Kepner (Indiana Commission on Judicial Qualifications May 17, 2024).
  • Following a formal hearing, a hearing panel of the Kansas Commission on Judicial Conduct ordered a judge to cease and desist from violating the code of judicial conduct by posting pictures of himself wearing his robe and in the courtroom on his personal and re-election Facebook page; endorsing businesses in posts on Facebook; and making comments about cases he was handling in Facebook posts.  Inquiry Concerning Martinez, Findings of fact, conclusions of law, and disposition (Kansas Commission on Judicial Conduct May 1, 2024).
  • Based on the judge’s waiver of a formal complaint and hearing, the Minnesota Board of Judicial Standards publicly reprimanded a judge for (1) violating a 2021 deferred discipline agreement based on his aggressive demeanor and failure to perform judicial and administrative duties, (2) failing to remain impartial, inappropriately interrupting the questioning witnesses on numerous occasions, and appearing to be angry on the bench, and (3) ignoring timelines and failing to follow the law in Child in Need of Protection or Services cases.  In the Matter of Clark, Public reprimand and conditions (Minnesota Board of Judicial Standards May 17, 2024).  The Board also ordered the judge to comply with several conditions, including determining the causes of his misconduct and taking the actions necessary to ensure that the misconduct is not repeated, cooperating with a mentor and using an executive coach, and completing courses regarding CHIPS statutes, rules, and timelines.
  • Based on a stipulation, agreement, and consent to discipline, the New Mexico Supreme Courtpublicly censured a judge for acting as treasurer for her campaign and personally accepting funds on behalf of her campaign, failing to remove the person named as her campaign treasurer on the Secretary of State’s Campaign Finance Portal/Campaign Finance Information System when he withdrew his consent, and listing herself as the sole contact person for her re-election committee.  Inquiry Concerning Sichler, Per curiam (New Mexico Supreme Court May 13, 2024).
  • Accepting a stipulation based on the judge’s resignation and her affirmation that she will not seek or accept judicial office in the future, the New York State Commission on Judicial Conduct concluded a proceeding against a former judge; the Commission had informed the judge that it was investigating complaints alleging that she (1) failed to renew her attorney registration within 30 days of her birthday in June 2022 and failed to change her email address so that it does not reflect her judicial title, notwithstanding that in July 2022, in a written stipulation, she affirmed to the Commission that she had done so, (2) failed to file her 2021 financial disclosure statement with the Ethics Commission for the Unified Court System by the required deadline, and (3) made prohibited political contributions.  In the Matter of Robichaud, Decision and order (New York State Commission on Judicial Conduct May 2, 2024).
  • Accepting a stipulation based on the judge’s resignation and his affirmation that he will not seek or accept judicial office in the future, the New York State Commission on Judicial Conduct concluded a proceeding against a former judge; the Commission had authorized an investigation after the judge was arrested and charged with felonies for possession and sale of cocaine; subsequently, the Commission authorized an investigation of another complaint alleging that the judge invoked his judicial office with police to get a ride home after he had been stranded.  In the Matter of Soules, Decision and order (New York State Commission on Judicial Conduct May 2, 2024).  On April 17, 2024, the judge pleaded guilty to 1 count of criminal sale of a controlled substance in the third degree, a felony.
  • Accepting an agreed statement of facts and recommendation, the New York State Commission on Judicial Conduct publicly admonished a judge for (1) just prior to the arraignment of a defendant on charges in connection with the shooting of 2 police officers, asking everyone in the courtroom to join him in a moment of silence for victims of violence; (2) participating in a public demonstration against violence near where a child had been wounded by stray gunfire and making televised comments sympathetic to victims of violence; and (3) having on his personal website and Facebook page, both of which identified him as a judge, a video that provided legal advice to individuals involved in traffic stops and referred to the police as a “pack of wolves.”  In the Matter of White, Determination (New York State Commission on Judicial Conduct May 13, 2024).
  • Adopting the findings of a Special Committee, the Judicial Council for the U.S. Court of Appeals for the 9th Circuit publicly reprimanded a U.S. District Judge for the Southern District of California for ordering a deputy U.S. Marshall to handcuff the 13-year-old daughter of a defendant during a sentencing hearing.  In re Complaint of Judicial Misconduct (Benitez), Order (U.S. Court of Appeals for the 9th Circuit Judicial Council May 1, 2024).

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