In 2 recent cases, judges were sanctioned for their comments about violence and the police, in addition to other misconduct.

Accepting an agreed statement of facts and recommendation, the New York State Commission on Judicial Conduct publicly admonished a judge for (1) just before 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 demonstration against violence and making televised comments sympathetic to victims of violence; and (3) posting a video on his personal website and Facebook page that provided legal advice about 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).

(1) On July 23, 2022, just over a week after he had been appointed, the judge arraigned a defendant in connection with the shooting of 2 Rochester Police Department officers.  Prior to the arraignment, over defense counsel’s objection, the judge granted the media’s requests to videotape and photograph the proceeding for public distribution and viewing.  The courtroom was filled with more than 100 uniformed police officers.

Just before the defendant was brought into the courtroom, the judge made the following comments from the bench:

Good morning.  Actually, it is a difficult morning . . .  In the five days that I have been on the bench, this is probably the third occasion where I have felt [it] necessary to ask everyone to join me in a moment of silence . . .  I’ve seen too many mothers and fathers, sons and daughters here grieving . . .  So I ask you all to take [a] moment to think of those left to deal with the tragedy of this type of loss.

His comments were published by the media.

(2) On September 28, 2022, two defendants were arrested shortly after a 3-year-old boy was struck by a stray bullet.  On September 29, a judge other than Judge White arraigned one of the defendants in Rochester City Court on felony assault and weapons charges, as well as on a misdemeanor charge of endangering the welfare of a child.

That same day, the judge participated in an anti-violence rally held near the site of the shooting.  The judge spoke to media covering the demonstration, on and off camera, and was identified by name and title in video, online, and print news coverage of the event.  According to public reports, the judge said during the demonstration that “the names of the victims have changed, but this problem has not,” among other things.

In the disciplinary proceedings, the judge acknowledged that his comments “in the context of the shooting of police officers, in the midst of the arraignment of a defendant whose innocence was presumed and whose guilt had not been established” and “his conduct at a public demonstration, occurring as it did in reaction to a shooting, and shortly after the arraignment of a defendant whose innocence was presumed and whose guilt had not been established, failed to avoid impropriety and the appearance of partiality.”

(3) Years before becoming a judge, the judge created a personal website and personal Facebook account.  After he became a judge, he identified himself on his Facebook page as a Rochester City Court judge and posted photographs of himself in his judicial robe and information related to his judicial appointment and election; on the cover page of his personal website, he posted a photograph of himself beside his judicial nameplate and wearing his judicial robe at his Rochester City Court bench. 

Prior to becoming a judge, the judge wrote, produced, and narrated a series of videos that he called, “The Legal Brief with Van White,” “designed to inform urban residents of their legal rights.”  The videos were accessible to the public before and after he became a judge on his personal website and Facebook account.

One approximately 4-minute “Legal Brief” video entitled “Deadly Encounters” provided information and commentary about cases, the law, and police weapons and advised individuals on how to interact with the police if stopped in their vehicles.  The video depicted and identified “PR-24s” (standard-issue police batons) as “the modern-day equivalent of a billy club” and included images of aggressive, hostile, and violent police behavior, including a video of Los Angeles police officers beating Rodney King in 1991 and a photograph of King’s badly beaten face.  In the video, the judge stated, “you are always going to be on the losing end if it’s a battle between you and a pack of wolves with PR-24s.”

After he became a judge, the website included a statement that said:

Now that Van White is a judge, he can no longer practice law or offer legal advice.  Therefore, The Legal Briefs contained in this section are from the Legal Briefs archives and are not offered for the purposes of offering legal advice.  However, even as a judge, Van will always be there, wherever and whenever he is asked, to inform and inspire our community.

The judge “has closed his ‘legalbrief’ website and realizes he should have done so promptly upon assuming judicial office, to avoid even the appearance of bias and that he was dispensing legal advice.”

The Commission concluded that, “by the totality of his conduct, respondent undermined public confidence in the judiciary and cast doubt on his ability to act impartially when he presided over matters involving violence or law enforcement personnel.”  In mitigation, the Commission noted that the judge’s misconduct took place shortly after he became a judge, he has acknowledged his conduct was improper and warrants public discipline, and he has committed to being more sensitive to his ethical obligations. 

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Accepting a stipulation and order of consent, the Nevada Commission on Judicial Discipline publicly censured a judge for (1) 2 statements about the police and black people during court proceedings; and (2) inappropriate social media posts.  In the Matter of Ballou, Stipulation and order (Nevada Commission on Judicial Discipline June 11, 2024).  The judge also agreed to complete the National Judicial College online course “Judicial Ethics and Social Media:  A Lightning Course,” and to review the 2-part article from the Judicial Conduct Reporter on “Social media and judicial ethics.”  (The 2-part article was published in the spring and summer 2017 issues; summaries of additional relevant materials are added to an update posted on the CJE website as they are issued.)

(1) On November 10, 2021, during a sentencing hearing in a case in which the defendant fled from police in a vehicle pursuit on the Las Vegas Strip, the prosecutor argued that there was no reason for the defendant to run from the police.  In response, the judge stated:  “clearly you’re not a black person in the United States of America, because there are absolute reasons to run from the police,” and “so just as someone who, you know, has lived in the United States as a black person, that’s absolutely an untrue statement that he didn’t have any reason to run.”

On July 11, 2022, at a suspended sentence revocation hearing, the judge said to the defendant:  “You’re a black man in America, you know you don’t want to be around where cops are,” and “You know you don’t want to be nowhere where cops are because I know I don’t and I’m a middle aged, middle class black woman.  I don’t want to be around where cops are because I don’t know if I’m going to walk away alive or not.”

(2) While attending a music festival on Sunday September 19, 2021, the judge published an inappropriate statement about her judicial duties on social media.  At 10:46 p.m., the judge posted on Instagram, “Life is STILL beautiful, despite the fact that Billie Eilish doesn’t START for 30 minutes and I have an 8:30 calendar tomorrow.”  She included the hashtags, “VacateTheSh*tOuttaOutofCustodyCases” and “WhereInTheWorldIsCarmenSanDiego.”

In April 2022, the judge posted a photograph on her Facebook page of herself in a hot tub with 2 public defenders, one female and one male, with the caption, “Robson is surrounded by great t*ts.”