Throwback Thursday

5 years ago this month:

  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for, during a drug court hearing, saying, “sit on my lap if you want . . . no, no I take that back” to a female participant when she seemed confused about where to sit or stand when her case was called.  Fell, Order (Arizona Commission on Judicial Conduct June 10, 2019).
  • Based on a stipulation, the California Commission on Judicial Performance issued a severe public censure to 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).
  • 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 fact and conclusions of law of the Judicial Tenure Commission, the Michigan Supreme Court removed a judge from office for (1) failing to disclose the extent of her relationship with a police detective who was a witness in a trial over which she presided; (2) failing to disclose the extent of her relationship with an attorney when the attorney or her law firm appeared in cases over which the judge presided; (3) failing to immediately disqualify herself from her own divorce proceeding and destroying evidence; (4) making false statements (a) during court proceedings over which she presided, (b) to the Commission while under oath, and (c) while testifying at her deposition under oath in her divorce proceeding; (5) being persistently impatient, undignified, and discourteous to those appearing before her; (6) requiring her staff to perform personal tasks during work hours; (7) allowing her staff to work on her 2014 judicial campaign during work hours; and (8) improperly interrupting 2 depositions that she attended during her divorce proceeding.  In re Brennan, 929 N.W.2d 290 (Michigan 2019).
  • Adopting the findings and recommendation of the Advisory Committee on Judicial Conduct, based on stipulations, the New Jersey Supreme Court publicly censured a former judge for directing that money from a municipal DWI fund be disbursed to him without the required pre-approval from his assignment judge; the Court also permanently barred him from judicial office and ordered that he pay restitution of $11,995.85 to the state.  In the Matter of Corradino, 208 A.3d 875 (New Jersey 2019).

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