Category Archives: Recent cases

Recent cases

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  • Accepting the recommendation of the Commission on Judicial Conduct, based on uncontested facts, the Alaska Supreme Court publicly reprimanded a judge for failing to decide 2 matters for more than 6 months and executing 3 pay affidavits while one of the matters was outstanding for more than 6 months even after another judge brought one of the overdue matters to his attention.  In the Disciplinary Matter Involving Fallon, Order (Alaska Supreme Court March 8, 2024).
  • In a press release, the Arkansas Judicial Discipline & Disability Commission announced that the resignation of a judge served as a removal from office and resolved 4 complaints alleging judicial misconduct “related to Rules in Canons 1, 2, and 3 of the Arkansas Code of Judicial Conduct.”  Press release (Williams) (Arkansas Judicial Discipline & Disability Commission March 28, 2024).
  • Based on a stipulated resolution that included the judge’s resignation and agreement not to serve in judicial office, the Arizona Supreme Court publicly censured a former judge for (1) driving under the influence of alcohol, telling a police officer that he was a judge, and suggesting that the officer call his “chief;” (2) routinely receiving compensation for weddings conducted during court hours; and (3) driving a county-owned vehicle and using a county fuel credit card to purchase fuel for personal travel.  In the Matter of Guerrero, Order (Arizona Supreme Court March 15, 2024).
  • Based on the amended recommendation of the Commission on Judicial Discipline, which adopted the report of a special master following a hearing, the Colorado Supreme Court publicly censured a former judge for acting as counsel and exploiting his judicial position for the benefit of his brother-in-law following a domestic violence incident.  In the Matter of Kiesnowski (Colorado Supreme Court March 4, 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 non-lawyer judge; the Commission had filed a formal complaint alleging that the judge had (1) failed to disqualify himself from a criminal case despite being biased against the defense attorney, engaged in ex parte communications, and dismissed the charges without notice to or the consent of the prosecution as required by law, despite having been previously cautioned by the Commission for similar conduct; and (2) demonstrated bias and a hostile demeanor toward a defense attorney in retaliation for a complaint the attorney had filed with the Commission in 2019.  In the Matter of Friedmann, Decision and order (New York State Commission on Judicial Conduct March 14, 2024).
  • Agreeing with the findings and recommendation of the Judicial Standards Commission based on a stipulation, the North Carolina Supreme Court suspended a judge for 120 days without pay for (1) in a call to a county magistrate’s office, using her judicial title to inquire about the custody status of her son without disclosing their relationship, yelling at the magistrate, and demanding a bond reduction based on inaccurate information and (2) demanding, without notifying the chief judge, that an assistant district attorney and a magistrate vacate a courtroom so that she could use it, resulting in over 100 cases being continued.  In re Inquiry Concerning Foster (North Carolina Supreme Court March 22, 2024).
  • Based on the judge’s agreement, the Tennessee Board of Judicial Conduct suspended a judge without impairment of compensation based on his plea of guilty to driving under the influence.  In re Rogers, Order of suspension (Tennessee Board of Judicial Conduct March 6, 2024).
  • Based on the recommendation of the Judicial Hearing Board following a hearing, the West Virginia Supreme Court of Appeals publicly reprimanded a judge for making misrepresentations to disciplinary authorities regarding her involvement with a letter written by a member of the Board about a pending disciplinary matter and allegations of misconduct against Judicial Disciplinary Counsel.  In the Matter of Rock (West Virginia Supreme Court of Appeals March 18, 2024).

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  • Following a hearing on a complaint filed by the Judicial Inquiry Board, the Illinois Courts Commission removed a judge from office for (1) reversing his finding that a defendant was guilty of sexual assault to circumvent the law requiring a mandatory prison sentence; (2) giving false and misleading testimony before the Board and Commission when he testified that he reversed the guilty finding based on the lack of evidence, not to circumvent the law; and (3) ordering a prosecutor to leave the courtroom to retaliate because the prosecutor had liked a post on social media that criticized the judge’s reversal of the guilty finding.  In re Adrian, Order (Illinois Courts Commission February 23, 2024).
  • Adopting the findings of misconduct and recommended sanction of the Board of Professional conduct, which adopted the findings of fact, conclusions of law, and recommended sanction of a 3-member hearing panel, the Ohio Supreme Court indefinitely suspended a former judge from the practice of law based on his felony convictions on one count of complicity to leaving the scene of an accident and one count of complicity to tampering with evidence.  Disciplinary Counsel v. Warner (Ohio Supreme Court February 16, 2024).
  • Based on a settlement stipulation and the judge’s resignation and agreement to never serve in judicial office again, the Trial Division of the Oklahoma Court on the Judiciary dismissed a petition to remove a judge from office; the petition had alleged that the judge committed misconduct by (1) her conduct during a murder trial, including spending excessive time on her phone and exchanging over 500 text messages with her bailiff; (2) having male attorneys pose for pictures in pink chairs in her chambers and having the pictures displayed in her outer chambers; (3) derogatory statements about and conduct toward the county district attorney and his staff; (4) publishing inappropriate posts on Facebook; (5) refusing to sign or return a probable cause affidavit to the state for over 6 months because she believed that the charges were too harsh; (6) ordering a defendant to sell a vehicle in order to hire an attorney; (7) her conduct during another murder trial when the defendant entered a blind plea after the state’s presentation of witnesses; and (8) during her testimony before the Council on Judicial Complaints, using the “f*** word” 3 times and exhibiting “a pattern of offering misleading or false statements or arguments.”  State of Oklahoma ex rel. Kane v. Soderstrom, Order (Trial Division of the Oklahoma Court on the Judiciary February 14, 2024).
  • The Tennessee Board of Judicial Conduct publicly reprimanded a judge for (1) raising his voice at a police sergeant and being sarcastic about a warrant he had prepared and (2) expressing his animosity toward the bail system at a county commission meeting; the judge accepted the reprimand.  Anderson, Public reprimand (Tennessee Board of Judicial Conduct February 6, 2024).
  • The Tennessee Board of Judicial Conduct publicly reprimanded a judge for, in a post-conviction proceeding, making injudicious comments about the county’s former district attorney general and the trial judge who initially handled the case; having an ex parte conversation with the district attorney’s office; and making comments that suggested that she had predetermined the outcome and directed the actions of the parties to reach a certain result; the judge accepted the reprimand.  Skahan, Public reprimand (Tennessee Board of Judicial Conduct February 14, 2024).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for failing to respond to a letter of inquiry from the Commission.  Public Reprimand of Montemayor (Texas State Commission on Judicial Conduct February 7, 2024).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for (1) failing to timely rule on motions in a case and twice being ordered to rule on those motions by the court of appeals in writs of mandamus and (2) failing to cooperate with the Commission’s investigation.  Public Reprimand of Slaughter (Texas State Commission on Judicial Conduct February 7, 2024).
  • Pursuant to an agreement that included the magistrate’s voluntary withdrawal of his name from the senior status list for 4 months, the West Virginia Investigation Commission publicly admonished a senior status magistrate for changing the terms of an accepted plea agreement at the request of the defense and over the objection of the prosecutor.  Public Admonishment of Codispoti (West Virginia Investigation Commission February 12, 2024).
  • The West Virginia Judicial Investigation Commission publicly admonished a judge for allowing a non-profit organization that regularly appeared before her to use her image and story to raise funds on Facebook.  Public Admonishment of Griffith (West Virginia Investigation Commission February 16, 2024).

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  • In 2 orders, based on stipulated facts, the Kansas Commission on Judicial Conductordered that a judge cease and desist from failing to perform her judicial duties competently and diligently; the Commission found that the judge had failed to file a timely minute order on a motion regarding a minor child’s expenses in one case and, in a second case, failed  to timely file an order on a motion regarding child support and parenting time.  Inquiry Concerning Kirby, No. 2805, Findings of fact, conclusions of law, and disposition (Kansas Commission on Judicial Conduct January 12, 2024); Inquiry Concerning Kirby, No. 2864, Findings of fact, conclusions of law, and disposition (Kansas Commission on Judicial Conduct January 12, 2024).
  • Based on the judge’s agreement and the findings of fact, conclusions of law, and recommendation of the Commission on Retirement, Removal, and Discipline, the Missouri Supreme Court publicly reprimanded a judge for using his judicial position to demand that city resources be diverted from more pressing emergency situations to address a cable line downed during a storm near his property; becoming irate and upset and using vulgar language to criticize the city, city employees, and the police chief for their alleged failure to address his concern; and using vulgar language to describe the city’s investigation of a former park director.  In re Nicholas, Order (Missouri Supreme Court January 30, 2024).
  • The Tennessee Board of Judicial Conduct publicly reprimanded a judge for using the internet to research the value of property at issue in a case; the judge accepted the reprimand.  Gilley, Public reprimand (Tennessee Board of Judicial Conduct January 4, 2024).
  • Reviewing a private warning issued by the State Commission on Judicial Conduct, a Texas Special Court of Review (1) publicly warned a judge for, even though the defendant in a civil case had filed an answer, entering a post-answer default judgment when the defendant failed to appear at a pretrial hearing and failing to set the matter for trial, contrary to court rules and (2) publicly admonished the judge for failing to cooperate with the Commission’s investigation.  In re Inquiry Concerning Cornutt, Opinion (Texas Special Court of Review January 22, 2024).

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  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for making gratuitously demeaning statements to the mother during a hearing in a juvenile case.  Kelliher, Amended order (Arizona Commission on Judicial Conduct December 28, 2023).
  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for conducting a telephonic conference on the record in a criminal case with only the defendant’s attorney when the prosecutor was unaware of the telephone conference.  LaSota, Order 22-377 (Arizona Commission on Judicial Conduct August 30, 2023), motion to reconsider denied (December 27, 2023).
  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for repeatedly impugning a criminal defendant’s credibility and creating an appearance of pre-judgment as to disputed issues.  LaSota, Order 22-264 (Arizona Commission on Judicial Conduct August 30, 2023), motion to reconsider denied (December 27, 2023).
  • Approving a stipulation, the California Commission on Judicial Performance issued a severe public censure to a judge for being routinely absent from the courthouse without authorization or approval for at least 155 days in 2021 and 2022, including every Friday for almost 6 months, and for being absent 87 more days than his available vacation time.  In the Matter Concerning Shore, Decision and order (California Commission on Judicial Performance December 13, 2023).
  • Based on the judge’s waiver of his right to keep the letter confidential, the Michigan Judicial Tenure Commission admonished a judge for (1) impatience and discourtesy toward criminal defendants and defense lawyers, (2) repeatedly disregarding the law regarding pretrial release and incarcerating defendants for failure to pay fines, fees, and costs, and (3) endorsing his wife’s political campaigns.  Letter to LaSata (Michigan Judicial Tenure Commission December 12, 2023).
  • Based on a stipulation and the judge’s agreement not to serve as a senior judge, the Nevada Commission on Judicial Discipline publicly reprimanded a former senior judge for failing to timely resolve and issue orders in a breach of contract case.  In the Matter of Saitta, Stipulation and order of consent (Nevada Commission on Judicial Discipline December 20, 2023).
  • The Nevada Commission on Judicial Discipline barred a former judge from serving in judicial office for, while serving as the “on-call” justice of the peace on New Year’s Eve 2021/2022, consuming alcohol to the point of intoxication and approving 2 search warrant applications while intoxicated and appearing to be publicly intoxicated on other occasions.  In the Matter of Goicoechea, Findings of fact, conclusions of law, imposition of discipline (Nevada Commission on Judicial Discipline December 22, 2023).
  • 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; after being advised by the Commission that it was investigating a complaint about his prolonged absence from his judicial duties, the judge acknowledged that his physical health prevents him from performing his duties now and for the foreseeable future.  In the Matter of Richardson, Decision and order (New York State Commission on Judicial Conduct December 7, 2023).
  • 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; in a formal complaint, the Commission alleged that the judge had initiated a public argument with a female clerk from the county department of motor vehicles who was operating a DMV mobile office in the courtroom; repeatedly poked her on her shoulder with his finger; and made snide and/or otherwise discourteous remarks to her before complaining about her to her supervisors.  In the Matter of Orzel, Decision and order (New York State Commission on Judicial Conduct December 7, 2023).
  • Granting a motion for determination based on the judge’s failure to file an answer to a formal complaint, the New York State Commission on Judicial Conduct removed a judge for (1) posting Nazi imagery to his Facebook page and (2) displaying on his Facebook page “likes” of other Facebook pages with images of scantily clad and/or partially naked women, many of whom were in sexually suggestive poses, and content that demeaned or sexually objectified women.  In the Matter of Futrell, Determination (New York State Commission on Judicial Conduct December 12, 2023).
  • Based on a referee’s report following a hearing, the New York State Commission on Judicial Conduct removed a non-lawyer judge from office for directing that a court security camera system be included in a grant application without town board approval, causing his company to purchase and install the camera system without disclosure to the board and without any bidding, signing a voucher for payment to his company knowing that the invoice falsely included the cost of a higher priced camera system than the system he had installed, being deliberately deceptive with court and town officials, and using his court email account to seek payment to his company.  In the Matter of Mercer, Determination (New York State Commission on Judicial Conduct December 27, 2023).
  • Granting a motion for summary determination based on the judge’s failure to file an answer to a formal complaint, the New York State Commission on Judicial Conduct removed a non-lawyer judge for (1) repeatedly asserting his judicial office with the police when they responded to a dispute at a service station; (2) making sexually charged comments to his co-judge and court staff and in the courtroom; (3) while on the record, publicly inquiring about employment with the police department; (4) making comments that gave at least the impression that he had prejudged the guilt of 3 criminal defendants appearing before him; and (5) making sexual and otherwise inappropriate comments on his public Facebook page, some of which referred to his judicial position.  In the Matter of Hall, Determination (New York State Commission on Judicial Conduct October 17, 2023).
  • Adopting the recommendation of the Board of Professional Conduct, the Ohio Supreme Court suspended a judge for 1 year without pay and suspended him from the practice of law for 1 year for (1) coercing no-contest pleas in 2 cases, (2) aggressive questioning of a criminal defendant, (3) demeaning litigants and spectators in 2 matters, (4) holding a defendant in contempt to avenge “a minor slight,” and (5) providing a litigant in a federal case with the transcript from the litigant’s related matter before the judge, suggesting that the county prosecutor might look into misconduct by the federal prosecutor, offering to assist the litigant “in any way,” and consenting to his letter being sent to the state attorney general.  Disciplinary Counsel v. Gaul (Ohio Supreme Court December 29, 2023).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for failing to respond to a letter of inquiry and other correspondence from the Commission.  Public Reprimand of Jimenez (Texas State Commission on Judicial Conduct December 20, 2023).
  • The Texas State Commission on Judicial Conduct publicly admonished a judge and ordered that he receive 3 hours of additional education for advertising his performance of wedding services using the regalia of his office, including images of himself in his judicial robes sitting on the bench.  Public Admonition or Garcia and Order of Additional Education (Texas State Commission on Judicial Conduct December 20, 2023).
  • Based on a settlement stipulation of a formal complaint, the Vermont Judicial Conduct Board permanently prohibited a former assistant judge from running for any elected office, either political or judicial, and from accepting any role in the Vermont Judiciary for (1) requesting and receiving compensation for time she did not perform any judicial duties and (2) failing to return approximately $4,800 she had been given to attend a conference that she did not attend.  In re Duff, Public sanction (Vermont Judicial Conduct Board December 15, 2023).
  • Based on a stipulated sanction of a formal complaint, the Vermont Judicial Conduct Board barred a former part-time judge from serving as a judicial officer in the state for committing 5 violations of the rules of professional conduct in his private law practice, including intentionally providing Disciplinary Counsel with misleading and inaccurate information about his billing practices.  In re Cobb, Stipulated sanction (Vermont Judicial Conduct Boad December 15, 2023).
  • The West Virginia Judicial Investigation Commission publicly admonished a judge for failing to report suspected abuse and neglect of 2 minor children after issuing domestic violence protective orders for them.  In the Matter of Jones, Public admonishment (West Virginia Judicial Investigation Commission December 12, 2023).

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  • In a stipulated resolution in lieu of formal charges, based on the judge’s resignation and agreement not to seek or accept a position as a judicial officer in Arizona, the Arizona Commission on Judicial Conduct agreed to take no further action on a complaint; the judge pled guilty to driving or actual physical control while under the influence of alcohol. Hancock, Order (Arizona Commission on Judicial Conduct November 6, 2023).
  • With the judge’s consent, the Idaho Judicial Council publicly reprimanded a judge for failing to alter or eliminate his practice of changing clothes in his chambers without properly securing them. Public Reprimand of Peterson (Idaho Judicial Council November 30, 2023).
  • Based on stipulations, a panel of the Kansas Commission on Judicial Conduct ordered a judge to cease and desist from soliciting funds for and making a contribution to a candidate for public office; the judge had offered to pay his primary election opponent’s filing fee if his opponent changed what position he was running for and said that his wife would make a donation to his opponent’s campaign for the other position. Inquiry Concerning Cullins, Findings of fact, conclusions of law, and disposition (Kansas Commission on Judicial Conduct November 22, 2023).
  • Accepting, adopting, and confirming the petition to accept a stipulation agreement and consent to discipline, the New Mexico Supreme Court publicly censured a judge for allowing his daughter to use his chambers to wait for her turn to testify in a criminal case in which she was the victim, advising the assistant district attorney about a jury instruction in the case, and admonishing the assistant district attorney about having the defendant remanded to custody following the guilty verdict. In the Matter of Martin, Public censure (New Mexico Supreme Court November 13, 2023).
  • Adopting the recommendation of the Board of Professional Conduct, the Ohio Supreme Court indefinitely suspended a former judge from the practice of law based on her felony conviction for having an unlawful interest in a public contract for her actions on behalf of her brother while she was a juvenile court judge; the Court gave the former judge credit for the 9 years she has been suspended on an interim basis following her conviction in October 2014. Disciplinary Counsel v. Hunter, Opinion (Ohio Supreme Court November 21, 2023).
  • The investigative panel of the Tennessee Board of Judicial Conduct publicly reprimanded a chancellor for failing to timely rule on 6 motions in a case; the judge accepted the reprimand. Perkins (Tennessee Board of Judicial Conduct November 8, 2023).
  • The Tennessee Board of Judicial Conduct publicly reprimanded a judge for holding a campaign event in his courtroom to which the media were invited, standing in front of his bench and accepting an endorsement from a lawyer, announcing an endorsement from another lawyer who was not present, making a campaign speech in which he asked those who would see the press conference to vote for him, and taking election-related questions from the media, including questions about his opponent; the judge accepted the reprimand. Public Reprimand of Rosson (Tennessee Board of Judicial Conduct November 15, 2023).
  • The Texas State Commission on Judicial Conduct publicly admonished a former judge for (1) employing his wife as lead clerk of his court; (2) posting on the courthouse doors an order that barred the court manager hired by another judge from entering the courthouse and performing her duties; and (3) failing to respond to the Commission’s letter of inquiry. Public Admonition of Tejeda (Texas State Commission on Judicial Conduct October 4, 2023).
  • The Texas State Commission on Judicial Conduct publicly admonished a judge for failing to complete his judicial education for the 2021 academic year and failing to respond to the Commission’s letter of inquiry. Public Admonition of Gamez (Texas State Commission on Judicial Conduct October 27, 2023).
  • The Texas State Commission on Judicial Conduct publicly admonished a former judge for authorizing the public use of her name to endorse her clerk as her successor. Public Admonition of Watkins (Texas State Commission on Judicial Conduct October 27, 2023).
  • Following a de novo review of a warning issued by the State Commission on Judicial Conduct, a Texas Special Court of Review publicly warned a judge for her interactions with attorneys and court personnel during 4 hearings in 2020 to 2021; the Commission also ordered additional education and mentoring. In re Rangel, Opinion (Texas Special Court of Review November 3, 2023).
  • Based on a stipulation, agreement, order, and recommendation, the Washington Supreme Court suspended a judge and publicly censured him for his second conviction for driving under the influence of alcohol. In re Tanner, Order (Washington Supreme Court November 13, 2023).

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  • Agreeing with the recommendation of the Judiciary Commission, which was based on a stipulation, the Louisiana Supreme Court publicly censured a judge for engaging in improper ex parte communications with the district attorney’s office about unsealing the transcripts of hearings about a defendant’s indigency and granting the state’s motion to unseal the documents without holding a hearing or otherwise allowing defense counsel the opportunity to respond.  In re Canaday (Louisiana Supreme Court October 20, 2023).
  • Accepting the sanction determination of the State Commission on Judicial Conduct, which was based on an agreed statement of fact, the New York Court of Appeals removed a non-lawyer judge for (1) brandishing a loaded firearm at a litigant in court and creating the appearance of racial bias by repeatedly mentioning the litigant’s race when he retold the incident and (2) engaging with 8 Facebook posts promoting non-profit fund-raising events.  In the Matter of Putorti (New York Court of Appeals October 9, 2023).
  • 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; based on information from the court system, the Commission had been investigating an allegation that the judge had converted more than $6,000 in court funds.  In the Matter of Shepardson, Decision and order (New York State Commission on Judicial Conduct October 12, 2023).
  • Granting a motion for summary determination, which the judge did not oppose, the New York State Commission on Judicial Conduct publicly admonished a judge for seeking special consideration from his co-judge in the disposition of parking tickets issued to his mail carrier.  In the Matter of Leavitt, Determination (New York State Commission on Judicial Conduct September 21, 2023).
  • The Tennessee Board of Judicial Conduct publicly reprimanded a judge for threatening and intimidating an acquaintance and failing to respond to the Board; the Board also reported the judge to the General Assembly for further action because this was her second reprimand since she became a judge in 2022 and she had failed to undergo a physical, mental health, and/or substance addiction evaluation that she had agreed to when she was suspended with pay in May.  Public Reprimand of Boyd (Tennessee Board of Judicial Conduct October 31, 2023).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for making sexual advances through texts toward a chief deputy clerk and his pattern of sexual harassment of women; the Commission also ordered that he obtain 5 hours of instruction with a mentor.  Public Reprimand of Howse and Order of Additional Education (Texas State Commission on Judicial Conduct October 12, 2023).
  • The West Virginia Judicial Investigation Commission publicly admonished a former magistrate for driving while intoxicated.  Public Admonishment of Riggs (West Virginia Judicial Investigation Commission October 13, 2023).

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  • The California Commission on Judicial Performance publicly admonished a judge for (1) unauthorized and undocumented absences and routine unauthorized and undocumented early departures from the courthouse; (2) making disparaging and profane remarks about another judge to a court commissioner that, because of her carelessness, were heard by several judicial colleagues at the beginning of a remote court meeting; (3) displaying hostility and annoyance toward her supervising judge during discussions of her absences; and (4) to extend her vacation, making false representations to her supervising judge and unilaterally manipulating matters on her calendar and then displaying exasperation with the supervising judge when she was being counseled about manipulating her calendar.  In the Matter of Spear, Decision and order imposing public admonishment (California Commission on Judicial Performance September 6, 2023).
  • An inquiry panel of the Kansas Commission on Judicial Conduct ordered a judge to cease and desist from serving as municipal court judge until he meets the statutory requirements of the office.  Inquiry Concerning Ruder, Order (Kansas Commission on Judicial Conduct September 22, 2023).
  • Based on a stipulation of discipline by consent, the New Jersey Supreme Court publicly censured a judge for continuing to serve as administrator of an estate for 13 years after becoming a judge and failing to fulfill her fiduciary duties to the estate.  In the Matter of Thurber, Order (Jersey Supreme Court September 6, 2023).
  • The Tennessee Board of Judicial Conduct publicly reprimanded a judge for appearing in a video posted on a school’s Instagram page about truancy; the judge accepted the reprimand.  Randolph, Public reprimand (Tennessee Board of Judicial Conduct September 19, 2023).
  • Based on a stipulation, the Washington State Commission on Judicial Conduct publicly censured a judge and recommended that he be suspended for 30 days without pay for driving under the influence of alcohol.  In re Tanner, Stipulation, agreement, order, and recommendation (Washington State Commission on Judicial Conduct September 8, 2023).
  • Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly admonished a judge for, in a non-public area of the court during work hours, personally soliciting endorsements for his judicial campaign from a subordinate court employee and requesting her assistance in passing out campaign materials.  In re Volyn, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct September 9, 2023).
  • The Judicial Council for the Federal Circuit ordered that a judge will not be permitted to hear any cases, at the panel or en banc level, for 1 year for failing to undergo 2 medical examinations as ordered by a special committee investigating information indicating that the judge may no longer be able to perform the functions of her office.  In re Complaint No. 23-90015 (Newman), Order (Federal Circuit Judicial Council Order September 20, 2023).

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  • The California Commission on Judicial Performance publicly admonished a court commissioner for being discourteous, argumentative, impatient, and demeaning to the litigants in a custody dispute and appearing to be embroiled in the proceedings.  Public Admonishment of Harris (California Commission on Judicial Performance August 29, 2023).
  • The California Commission on Judicial Performance publicly admonished a former judge for (1) in a defamation action, stating that the plaintiff was “hypersensitive,” was a “snowflake,” and needed to “litigate like a grown-up” and offering to dismiss the case to make it “easier” for him to appeal; (2) in a second matter, sending an email to the court of appeal justice who had vacated an order that he had issued, stating, “I may be stupid, but I know when someone is saving face;” and (3) in an unlawful detainer suit, intentionally disregarding the law when he denied relief from a default judgment against a commercial tenant and making discourteous comments.  In the Matter of Hunt, Decision and order (California Commission on Judicial Performance August 31, 2023).
  • Approving the recommendation of the Commission on Judicial Disciplined based on stipulated facts, a Special Tribunal of the Colorado Supreme Court publicly censured a former chief justice for allowing the Judicial Department to contract with its former chief of staff despite strong circumstantial evidence that she had committed misconduct.  In the Matter of Coats (Colorado Supreme Court August 7, 2023).
  • Based on the recommendation of the Judicial Qualifications Commission, the Georgia Supreme Court removed a court of appeals judge from office for (1) while his application for an appellate judgeship was pending and after he became a judge, accepting a substantial, unsecured loan from a vulnerable man whose will gave the judge considerable authority over the man’s estate, drafting a new will for the man in which he was a beneficiary and his wife was the executor and trustee, stalling when the man asked that he repay loans, and failing to provide the man with billing records and his case file; (2) transferring campaign funds to his law firm operating account 3 times and failing to report 2 of the transfers; and (3) using his campaign funds to pay for a family vacation in Hawaii.  Inquiry Concerning Coomer (Georgia Supreme Court August 16, 2023).
  • Accepting a statement of circumstances and conditional agreement for discipline, the Indiana Supreme Court suspended a judge for 45 days without pay for continuing to serve in a fiduciary position for a non-family member after taking office, abusing the prestige of his office to benefit a family member, and failing to disclose his role as trustee of a charitable foundation from which he drew funds to further court improvement projects.  In the Matter of Cichowic, Per curiam opinion (Indiana Supreme Court August 10, 2023).
  • Based on an agreed statement of facts and recommendation, the New York State Commission on Judicial Conduct publicly censured a judge for (1) on her Facebook account, making posts and comments about her personal conduct and her role as an attorney that were profane, demeaning, and undignified and revealed that she had engaged in offensive and otherwise inappropriate personal conduct and (2) “liking” the Facebook pages of a candidate running for a seat on the Buffalo City Court and a candidate running for a position on a district board of education.  In the Matter of Nunnery, Determination (New York State Commission on Judicial Conduct August 9, 2023).
  • Accepting an agreed statement of fact and recommendation, the New York State Commission on Judicial Conduct publicly admonished a judge for, while attempting to arrange for a double-parked car to be moved, providing her business card to a school safety officer, telling the safety officer that she needed to get to work at the courthouse, cursing at the teacher who owned the car, and telling the teacher that she had a courthouse to run.  In the Matter of Epstein, Determination (New York State Commission on Judicial Conduct August 14, 2023).
  • Based on his acceptance, the Tennessee Board of Judicial Conduct publicly reprimanded a judge for writing letters vouching for 2 defendants convicted of conspiracy to commit wire fraud in federal court on court stationery, identifying himself as a judge, and allowing his spouse to sign the letters as well without disclosing that his spouse had been a named party with the defendants in a civil case stemming from their criminal activities.  Public Reprimand of Jones (Tennessee Board of Judicial Conduct August 1, 2023).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a former judge for (1) questioning a defendant at the jail without his attorney present or contacting the attorney for permission to speak with the defendant and (2) failing to comply with the reporting requirements for collected fines.  Public Reprimand of Ritter (Texas State Commission on Judicial Conduct August 2, 2023).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for interfering with the legal service of process of a warrant for the seizure of cattle.  Public Reprimand of Bennett (Texas State Commission on Judicial Conduct August 18, 2023).
  • The Texas State Commission on Judicial Conduct publicly warned a judge for operating a motor vehicle while intoxicated, which resulted in a car accident that caused damage to others.  Public Warning of Fowler (Texas State Commission on Judicial Conduct August 16, 2023).
  • The West Virginia Judicial Investigation Commission publicly admonished a magistrate for (1) failing to seek prior approval from the administrative director of the courts to sell jewelry on commission, failing to fully separate her judicial duties from her selling activity, and failing to report the income derived from the sales and (2) inappropriate memes on her Facebook page that created the appearance that she was pro law enforcement and anti-defendant in criminal cases.  Public Admonishment of Honaker (West Virginia Judicial Investigation Commission August 4, 2023).
  • The West Virginia Judicial Investigation Commission publicly admonished a magistrate for swearing at a magistrate assistant, throwing paperwork on the floor, and kicking at the paperwork.  Public Admonishment of Purkey (West Virginia Judicial Investigation Commission August 4, 2023).
  • The West Virginia Judicial Investigation Commission publicly admonished a magistrate for (1) allowing non-lawyers to sign and submit legal instruments in his court on behalf of defendants, (2) failing to ensure that the jail received a release order, causing the defendant to spend extra time in jail, (3) modifying a court order without first notifying the parties and allowing them to be heard, and (4) on his Facebook page, posting a picture of himself with the chief of police, sharing a post from the governor’s highway safety program, sharing a post asking for donations to a gofundme.com account, sharing a post advertising a fundraiser for a state trooper, and sharing a donation request for a charity providing Christmas meals.  Public Admonishment of Sansom (West Virginia Judicial Investigation Commission August 4, 2023).

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  • The Arizona Commission on Judicial Conduct publicly reprimanded a pro tem justice of the peace for failing to issue a ruling in a civil case, necessitating the appointment of another pro tem judge to complete the case; failing to respond to court staff regarding the overdue ruling; and failing to respond to Commission staff.  Goodman, Order (Arizona Commission on Judicial Conduct May 31, 2023).
  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for an improper comment about religion in a court hearing, engaging in ex parte communications about the case, and injecting himself as an advocate into the proceeding.  Staggs, Order (Arizona Commission on Judicial Conduct May 31, 2023).
  • Pursuant to an agreement, the Arkansas Judicial Discipline & Disability Commission publicly admonished a judge for, after a phone call from a third party, asking a state police trooper not to transport a suspect to jail and to release the suspect on his own recognizance with a court date.  Taylor, Letter of admonishment (Arkansas Commission on Judicial Discipline & Disability July 21, 2023).
  • Accepting a stipulation in which the judge admitted the allegations in the notice of formal charges and approving a proposed sanction, the Florida Supreme Court publicly reprimanded a former judge for, during the penalty-phase and sentencing proceedings in a high profile school shooting case, unduly chastising defense counsel, wrongly accusing defense counsel of threatening her children, failing to curtail vitriolic statements directed to defense counsel, and embracing prosecutors, victims, and family members of victims.  Inquiry Concerning Scherer (Florida Supreme Court July 24, 2023).
  • In lieu of filing formal disciplinary proceedings, the Indiana Commission on Judicial Qualifications publicly admonished a judge for making statements unbecoming a judicial officer to a third party who was at the scene when police officers were dispatched to the marital residence of the judge’s son to supervise the removal of personal property by his son’s wife.  Public Admonition of Davis (Indiana Commission on Judicial Qualifications July 3, 2023).
  • The Michigan Supreme Court suspended a judge for 6 months without pay and publicly censured her for covering up evidence that her son abused his children and making false statements during the Judicial Tenure Commission’s investigation.  In re Green, Opinion (Michigan Supreme Court July 31, 2023).
  • Based on a stipulation and the judge’s consent, the Nevada Commission on Judicial Discipline publicly reprimanded a judge for failing to issue a decision in a divorce action involving child custody for nearly 13 months.  In the Matter of Cutter, Stipulation and order of consent (Nevada Commission on Judicial Discipline July 18, 2023).  The judge also agreed to complete a judicial education course on caseflow, workflow, or time management.
  • Accepting a stipulation based on the judge’s affirmation that she will resign and 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 notified the judge that it was investigating complaints that she had mishandled court funds in her current position as a town court justice and in her previous position as a village court justice and that she failed to file reports or remit funds to the Office of the State Comptroller in the time required by law for January, February, and March 2023.  In the Matter of Damulis, Decision and order (New York State Commission on Judicial Conduct June 27, 2023).
  • The Utah Supreme Court approved the implementation of the Judicial Conduct Commission’s public reprimand of a judge for drinking and driving.  In re Sessions, Order (Utah Supreme Court July 6, 2023).
  • The Utah Supreme Court approved the implementation of the Judicial Conduct Commission’s public censure of a former judge, based on a stipulation and the judge’s agreement to retire and not serve again, for (1) questioning Hispanic defendants who requested an interpreter, entering pleas without counsel or an interpreter, and not allowing a defendant to enter a not guilty plea; (2) engaging in inappropriate conduct and making inappropriate comments during WebEx hearings; (3) taking medication while he presided in court and appearing groggy and tired; (4) being impatient with defendants; and (5) being impatient and discourteous to court staff and failing to be diligent in his administrative duties.  In re Ridge (Utah Supreme Court July 3, 2023).
  • The Utah Supreme Court approved the implementation of the Judicial Conduct Commission’s public censure of a former judge for sending a retaliatory email to court staff for complaining about him to the Commission.  In re Ridge (Utah Supreme Court July 3, 2023).

Recent cases

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  • The California Commission on Judicial Performance publicly admonished a judge for driving under the influence of alcohol, being convicted of driving under the influence of alcohol, and driving with a blood alcohol content of twice the legal limit.  Public Admonishment of Jacobs (California Commission on Judicial Performance June 29, 2023).
  • Accepting an offer of discipline by consent and the recommendation of a Board of Examining Officer, the Delaware Court on the Judiciary publicly censured a judge for having cases under advisement for more than 90 days throughout 2020, 2021, and 2022.  In re Vari, Order (Delaware Court on the Judiciary June 7, 2023).
  • The hearing panel of the Kansas Commission on Judicial Conduct entered a cease-and-desist order after finding that a former judicial candidate had violated the requirement that a judicial candidate be scrupulously fair and accurate in all statements by using the phrase “hostile work environment” in reference to the chief judge when speaking to the county commission.  Inquiry Concerning Montgomery, Findings of fact, conclusions of law, and disposition (Kansas Commission on Judicial Conduct June 12, 2023).
  • Based on a deferred recommendation of discipline agreement, the Louisiana Judiciary Commission publicly admonished a judge for holding a trial in a civil case without giving the defendant the 10 days to file an answer required by law, charging the defendant an excessive filing fee for a motion for a new trial, engaging in ex parte communications about payment of the judgement and the defendant’s desire for a new trial or appeal, and making statements that led the defendant to believe that the judge would eventually enter a new judgment in her favor.  In re Jones, Deferred recommendation of discipline agreement (Louisiana Judiciary Commission June 15, 2023).
  • Following a hearing, the Maryland Commission on Judicial Disabilities publicly reprimanded a judge for being reticent and not cooperating with disciplinary authorities and filing inaccurate financial disclosure statements.  In the Matter of White, Reprimand (Maryland Commission on Judicial Disabilities June 30, 2023).
  • Adopting in part the recommendation of the Judicial Tenure Commission, the Michigan Supreme Court ordered that, if a former judge is elected or appointed to judicial office again, she will be suspended without pay for 6 years from the date of its decision for (1) abusing her contempt powers in at least 2 cases; (2) summarily dismissing or adjourning multiple cases because a party used a process server that the judge believed was dishonest without making factual findings that process had not been served and, when admonished to stop by the Chief Judge, dismissing cases on a pretext; (3) failing to comply with a performance-improvement plan issued to her by the Chief Judge, intentionally refusing to follow the orders of the Chief Judge, and sending ominous Bible verses to the Chief Judge, the court administrator, and the regional court administrator; (4) disconnecting the videorecording equipment in her courtroom and failing to maintain a record of proceedings in her courtroom for weeks; (5) creating unauthorized recordings of the proceedings in her courtroom on her personal cell phone; (6) parking in a handicap loading zone at a gym, placing a placard in her window to convey that she was there on official business, and, when the police were called, flashing her judge’s badge at the responding officer; and (7) making material misrepresentations to the Commission in its investigation.  In re Davis (Michigan Supreme Court June 23, 2023).
  • Based on the judge’s waiver of a formal hearing, the Nebraska Commission on Judicial Qualifications publicly reprimanded a judge for instructing a clerk not to process a charge against his friend and priest, telling the county attorney there must be some mistake about the charge, and encouraging his friend to follow up with law enforcement to resolve the matter.  In the Matter of Burns, Reprimand (Nebraska Commission on Judicial Qualifications June 23, 2023).
  • Accepting a stipulation based on the judge’s affirmation that he will resign effective June 30, 2023 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 judge; the Commission had informed the judge that it was investigating 3 complaints, one alleging that he had failed to disclose that an attorney in a landlord/tenant case had personally represented him in an unrelated civil matter and failed to afford the opposing party an opportunity to be heard according to law, one alleging that he became a candidate for election to the office of town supervisor without resigning from his position as town justice, and one alleging that he had testified falsely under oath at a hearing in a matter challenging his candidacy because he was a town justice.  In the Matter of Ugell, Decision and order (New York State Commission on Judicial Conduct June 1, 2023).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for failing to timely hold compliance hearings, to review and sign records as required, and to record compliance hearings.  Public Reprimand of Uzomba (Texas State Commission on Judicial Conduct June 28, 2023).
  • The Texas State Commission on Judicial Conduct publicly admonished a judge for maintaining a website that advertised both his private legal services and his position as justice of the peace; he was also ordered to obtain 2 hours of continuing legal education.  Public Admonition of Ramirez and Order of Additional Education (Texas State Commission on Judicial Conduct June 21, 2023).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for failing to complete his judicial education for the 2020-2021 and 2021-2022 academic years and failing to cooperate with the Commission.  Public Reprimand of Jasso (Texas State Commission on Judicial Conduct June 8, 2023).
  • Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly admonished a judge for decisional delay in 2 cases.  In re Matter of Roberts, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct June 23, 2023).
  • Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly admonished a judge for an approximately 1-year delay issuing a decision in a land use case.  In re Fairgrieve, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct June 23, 2023).