Category Archives: Recent cases

Recent cases

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  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for making a mocking gesture with his hand during an attorney’s telephonic appearance during a hearing in a juvenile case and engaging in improper commentary while on the bench.  Kelliher, Order (Arizona Commission on Judicial Conduct March 30, 2023).
  • The Arkansas Judicial Discipline & Disability Commission issued an informal adjustment to a judge for holding a campaign sign for a mayoral candidate at a busy intersection.  Letter of Informal Adjustment (Ohm) (Arkansas Judicial Discipline & Disability Commission March 17, 2023).
  • Based on stipulations for resolution of formal proceedings, the Colorado Supreme Court publicly censured a former judge and ordered him to pay $20,658 in attorney fees for making sexual propositions to an attorney at a bar conference.  In the Matter of Timbreza, Order (Colorado Supreme Court Special Tribunal April 24, 2023).
  • Approving a statement of circumstances and conditional agreement for discipline, the Indiana Supreme Court publicly reprimanded a judge for allowing and participating in ex parte communications and failing to take appropriate remedial measures when he received ex parte communications.  In the Matter of Day, Order (Indiana Supreme Court April 18, 2023).
  • Accepting a stipulation based on the judge’s resignation and 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 had alleged that the judge refused to appear before the Commission to testify about 3 complaints against him and refused to provide the Commission with requested records relevant to its investigation.  In the Matter of Rikard, Decision and order (New York State Commission on Judicial Conduct April 20, 2023).
  • Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly admonished a judge for sharing on her Facebook page a “GoFundMe” account to help a woman cover medical expenses.  In re McCroskey, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct April 21, 2023).

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  • In a joint press release with the judge, the Alabama Judicial Inquiry Commission reported that, given his resignation, the suspension of his law license, and his affirmation that he would not seek or accept any further judicial position, it has terminated its investigation of a complaint about a judge’s “running, management, and handling” of a municipal court. Wooten, Joint press release (Alabama Judicial Inquiry Commission March 2, 2023).
  • Based on an agreement and stipulation to resolve a complaint, the Alabama Court of the Judiciary publicly censured a former judge for anonymously sending to 18 media organizations and county officials a package with an anonymous letter criticizing the county commission, 2 county commissioners, and a police officer and a recording of a telephone call between the police officer and one of the commissioners in which racist and misogynistic language was used. In the Matter of King, Final judgment (Alabama Court of the Judiciary March 2, 2023).
  • Accepting a joint agreement and proposed resolution, the Alabama Court of the Judiciary publicly censured a judge for his pattern and practice of appointing his brother-in-law as an attorney in indigent juvenile cases. In the Matter of Naman, Final judgment (Alabama Court of the Judiciary March 2, 2023).
  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for making insulting, demeaning, and unnecessary statements to the parents in a juvenile matter, for example, stating “who do you think your baby is going to attach to, given that babies can’t wait?  Not either of you” and telling the father, “Sit up straight.  You’re not at home watching TV on the couch.”  Kelliher, Order (Arizona Commission on Judicial Conduct March 30, 2023).
  • Based on the judge’s agreement, the Kentucky Judicial Conduct Commission suspended a judge for 14 days without pay for denying appointment of counsel to defendants without making the necessary review of their indigent status. In re Ruttle, Agreed order of suspension (Kentucky Judicial Conduct Commission March 1, 2023).
  • With the judge’s agreement, the Kentucky Judicial Conduct Commission publicly reprimanded a judge for ex parte communications in 2 cases. In re Atkins, Public reprimand (Kentucky Judicial Conduct Commission March 1, 2023).
  • Adopting most of the findings of a 3-judge panel, the New Jersey Supreme Court removed a former judge from office and permanently barred her from holding judicial office in the State for her behavior at the school attended by her children that led to her conviction on a charge of defiant trespass, giving untruthful testimony at her criminal trial, and her behavior during her husband’s lawsuit against the school. In the Matter of Mullen, Order (New Jersey Supreme Court March 8, 2023).
  • Accepting the recommendation of the Advisory Committee on Judicial Conduct, which was based on a stipulation of discipline by consent, the New Jersey Supreme Court permanently barred a former surrogate from judicial office and publicly censured her for presiding over a hearing on applications to be appointed administrator of an estate when one of the applicants was a friend, appointing that friend as administrator rather than appointing a relative of the decedent, and failing to disclose to Committee investigators the nature and extent of the relationship. In the Matter of Toledo, Order (New Jersey Supreme Court March 28, 2023).
  • Granting a motion for summary determination that the factual allegations of the complaint were sustained and that the judge’s misconduct was established, the New York State Commission on Judicial Conduct removed a non-lawyer judge for (1) making sexually charged comments to and about attorneys appearing in his court and driving a car with inappropriate graphics and/or bumper stickers; (2) visibly carrying a handgun while inside or just outside the courthouse, in violation of his permit to carry a concealed pistol; (3) failing to timely report or remit court funds to the state comptroller; (4) failing to cooperate with the state court administrator’s office and town officials in their investigation of his failure to perform his administrative duties; (5) failing to answer 2 traffic tickets and failing to renew the insurance on his motor vehicle; (6) using his official judicial email account in connection with the tickets; and (7) failing to cooperate with the Commission’s investigation. In the Matter of Persons, Determination (New York State Commission on Judicial Conduct February 23, 2023).
  • Based on its findings of misconduct, which were based on stipulations covering most of the factual issues, the Pennsylvania Court of Judicial Discipline publicly reprimanded a judge and fined him $15,000 for remaining on the county Democratic committee after announcing his candidacy for magisterial district judge and voting for the committee to endorse him for the position. In re LeFever, Opinion and order (Pennsylvania Court of Judicial Discipline March 16, 2023).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for failing to complete his required judicial education for the 2020-2021 and 2021-22 academic years. Public Reprimand of Black (Texas State Commission on Judicial Conduct March 2, 2023).

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  • Approving a stipulation, the California Commission on Judicial Performance publicly censured a judge for (1) using his title, court resources, and a report prepared for the court to promote a non-profit organization he had created, having board members who were affiliated with private companies that did business with his court and stood to profit from the non-profit organization’s success, misleading court employees to induce their participation in the organization’s launch, and prevaricating with the court’s presiding judges in discussions about the organization; (2) failing to fully apprise criminal defendants of their rights, which coerced the defendants into participating in treatment court; (3) making remarks to defendants that created the appearance of bias, failing to safeguard the right to counsel for an unrepresented defendant, and threatening a deputy public defender with contempt when she objected; (4) exhibiting poor demeanor to the district attorney; (5) engaging in ex parte communications about, and embroiling himself with, 2 parole re-entry court defendants, and engaging in another ex parte communication with court staff about a criminal defendant; and (6) discussing a represented defendant’s conduct, the defendant’s alleged refusal to participate in a program in good faith, and an appropriate response by the court, without including either defense counsel or the deputy district attorney.  In the Matter of Vlavianos, Decision and order (California Commission on Judicial Performance February 8, 2023).
  • Accepting a joint petition for consent discipline, the Louisiana Supreme Court publicly censured a judge for (1) mishandling a contempt proceeding against an attorney, filing an unsolicited per curiam in the appellate court regarding his contempt finding and sentence, and mishandling recusal procedures in other cases involving the attorney and (2) improper ex parte communications with a litigant and failing to expeditiously recuse himself from the matter.  In re Bradbury (Louisiana Supreme Court February 24, 2023).
  • Based on stipulated facts, the Mississippi Supreme Court suspended a judge without pay for 60 days, fined him $1,500, and publicly reprimanded him for summoning 2 police officers to his courtroom and publicly chastising and embarrassing them about a discussion about one of his clients several days earlier at his private law office.  Commission on Judicial Performance v. Moore (Mississippi Supreme Court February 16, 2023).
  • Based on the magistrate’s resignation and agreement not to seek judicial office in the state, the West Virginia Judicial Investigation Commission publicly admonished a former magistrate for (1) his efforts to get dogs that had been seized from a hot vehicle immediately released to the owners without the required hearing; (2) his intemperate conduct toward a deputy magistrate court clerk; (3) unwanted hugging or touching people; (4) inappropriate use of his court cell phone; and (5) being routinely late for court.  Public Admonishment of Gaujot (West Virginia Judicial Investigation Commission February 28, 2023) ().

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  • Based on the judge’s retirement and agreement not to seek, request, or accept any judicial office, the Georgia Judicial Qualifications Commission resolved its investigation of a former judge; the investigative panel had authorized a full investigation of allegations that the judge had made inappropriate and undignified remarks to a colleague regarding how he intended to handle an issue with a courthouse employee, and an investigation revealed that the judge was residing in Tennessee and did not have the hours of training required for magistrate judges.  In re Inquiry Concerning Bain, Report of disposition (Georgia Judicial Qualifications Commission January 31, 2023).
  • On a motion to approve the report and recommendation of the hearing board of the Attorney Registration and Disciplinary Commissio, the Illinois Supreme Court disbarred a former judge for sexually harassing a police officer, a court reporter, and an assistant state’s attorney while he was a judge.  In re Araujo, Order (Illinois Supreme Court January 17, 2023).
  • Based on a statement of circumstances and conditional agreement for discipline, the Indiana Supreme Court suspended a judge for 7 days without pay for (1) in 3 hearings in a juvenile paternity case, being impatient, undignified, and discourteous and (2) in 3 related children-in-need-of-services cases, holding an off-the-record hearing in chambers without all parties represented in which he ruled on substantive motions and considered oral motions on substantive issues that were outside the noticed purpose of the hearing, and then allowing only one party to assist in creating a court entry.  In the Matter of Meade, Per curiam opinion (Indiana Supreme Court January 12, 2023).
  • Accepting a final submission upon agreed facts, the Massachusetts Supreme Judicial Court publicly reprimanded a judge for posts on his Facebook account that expressed views on political candidates, political figures, and issues and posts that could create the appearance of bias based on gender, ethnicity, or immigration status.  In the Matter of Michaud, Order (Massachusetts Supreme Judicial Court December 22, 2022).
  • Following a hearing on charges filed by the Office of Chief Disciplinary Counsel, the Missouri Supreme Court suspended a former judge from the practice of law for 2 years for, during his unsuccessful 2018 campaign to retain his judicial position, threatening to file an ethics complaint against a potential opponent if she decided to run against him and threatening to disclose a former client’s confidences.  In re Prewitt (Missouri Supreme Court January 31, 2023).
  • Granting a petition to accept a stipulation agreement and consent to discipline, the New Mexico Supreme Court publicly censured a former judge for failing to disqualify herself from a domestic matter when she knew or should have known that she could not be fair and impartial following a newspaper article that she believed was written by and/or because of the father’s counsel; using an order denying the father’s motions to directly respond to allegations in the article; and noting in the order that a sealed doctor’s report was unfavorable to the father.  In the Matter of Rosner (New Mexico Supreme Court January 30, 2023).
  • Accepting a stipulation based on the judge’s resignation and 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 July, the Commission had filed a formal complaint alleging that, while presiding over 5 emergency applications for temporary orders of protection and other relief, the judge had been disrespectful, disparaging, sarcastic, and discourteous in words and tone towards the unrepresented petitioners.  In the Matter of DeProspo, Decision and order (New York State Commission on Judicial Conduct January 26, 2023).
  • Accepting a stipulation based on the judge’s resignation and 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 January, the Commission had notified the judge that it was investigating a complaint that, in a code enforcement case, he had been biased in favor of the defendant with whom he engaged in ex parte communications and against the code enforcement officer, whom he berated in court.  In the Matter of Coursen, Decision and order (New York State Commission on Judicial Conduct January 26, 2023).
  • Accepting a stipulation based on the judge’s resignation and 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; in May 2022, the Commission had served the judge with 4 charges of misconduct alleging, inter alia, that she made inappropriate comments to and about court employees and judges; displayed bias against various individuals and ethnicities; failed to timely administer surrogate court matters, leading to substantial delays; and, as a candidate for surrogate in 2018, failed to timely complete mandatory campaign ethics education.  In the Matter of Thompson, Decision and order (New York State Commission on Judicial Conduct January 26, 2023).
  • he Pennsylvania Court of Judicial Discipline suspended a judge for 200 days without pay for calling the police commissioner when her son was stopped by police, appearing at the scene of the stop, and failing to report to the Judicial Conduct Board and the Chief Justice that she had been interviewed by the Office of the Attorney General about the incident as required by rule; the Court also placed her on probation for 1 year.  In re McKnight, Opinion and order (Pennsylvania Court of Judicial Discipline January 31, 2023).  
  • The Pennsylvania Court of Judicial Discipline severely reprimanded a former judge for, while a candidate, failing to file accurate campaign finance reports and using $3,000 in campaign funds for personal expenses; the judge had pled guilty to 4 misdemeanors based on the same conduct.  In re Cabry, Opinion and order (Pennsylvania Court of Judicial Discipline January 31, 2023).
  • The Tennessee Board of Judicial Conduct publicly reprimanded a judge for calling a litigant a “tough guy,” telling the litigant the judge hoped the litigant would meet someone like the litigant, and telling the litigant’s daughter to shut up; the judge accepted the reprimand.  Stokes, Public reprimand (Tennessee Board of Judicial Conduct January 4, 2023).

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  • Accepting a stipulation and approving a proposed sanction, the Florida Supreme Court publicly reprimanded a former judge for campaign advertisements picturing him wearing a Navy uniform that were contrary to Department of Defense regulations.  Inquiry Concerning Blumstein (Florida Supreme Court January 4, 2023, nunc pro tunc to December 14, 2022).
  • Based on a stipulation and the judge’s consent and agreement not to serve as a pro tem judge in the future, the Nevada Commission on Judicial Discipline publicly reprimanded a pro tem judge for using as advertisements for his law practice Instagram and TikTok videos of him presiding over court proceedings.  In the Matter of Vander Heyden, Stipulation and order of consent to public reprimand (Nevada Commission on Judicial Discipline December 12, 2022).
  • Based on a stipulation and the judge’s consent, the Nevada Commission on Judicial Discipline publicly reprimanded a judge for delays in issuing decisions in 6 cases; the Commission also ordered that the judge complete a judicial education course/seminar on caseflow, workflow, or time management.  In the Matter of Delaney, Stipulation and order of consent to public reprimand (Nevada Commission on Judicial Discipline December 21, 2022).
  • Accepting a stipulation based on the judge’s resignation and 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; in April 2022, the Commission notified the judge that it was investigating a complaint that she had promoted prejudicial and inflammatory content on Facebook and lent the prestige of her judicial office to advance the private interests of others.  In the Matter of Keppler, Decision and order (New York State Commission on Judicial Conduct December 15, 2022).
  • Accepting a stipulation based on the judge’s resignation and 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 August 2022, the Commission notified the judge that it was investigating complaints that he failed to make mandatory reports and remittances to the State Comptroller in a timely manner, which resulted in the Comptroller directing the town supervisor to stop paying his judicial salary.  In the Matter of Franklin, Decision and order (New York State Commission on Judicial Conduct December 15, 2022).
  • With the judge’s agreement, the Tennessee Board of Judicial Conduct suspended a judge for 30 days with pay for driving under the influence; in addition, for 5 years, the judge will be monitored for adherence to his substance use disorder recovery monitoring agreement with Tennessee Lawyers Assistance Program.  In re Harvey, Order of suspension (Tennessee Board of Judicial Conduct December 5, 2022).
  • Based on an agreement and the judge’s resignation and agreement to never again seek judicial office in the state, the West Virginia Judicial Investigation Commission publicly admonished a former judge for (1) during in camera interviews of 2 girls whose father had been accused of sexually abusing them, calling the 7-year-old girl a liar and suggesting the 6-year-old girl had taken part in a “sinister plan” regarding her father; (2) using his position to obtain money from county commissions, incorrectly placing half the money with a general receiver, retaining control of the money, and spending thousands of dollars for improper purposes; and (3) violating an administrative order by pulling out a gun and showing it in the courtroom.  In the Matter of Hummel, Public admonishment (West Virginia Judicial Investigation Commission December 2, 2022).
  • Based on an agreement that included the magistrate’s resignation and agreement never to seek judicial office in the state, the West Virginia Judicial Investigation Commission publicly admonished a former magistrate for discourteous, disrespectful, and indecorous treatment of police officers during 3 arraignments.  Public Admonishment of Harshbarger (West Virginia Judicial Investigation Commission December 15, 2022).

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  • Based on a report of uncontested sanction but modifying the recommended sanction, the Arkansas Supreme Court suspended a judge for 18 months without pay for (1) dismissing cases involving a specific deputy sheriff without the consent of the prosecution; (2) attempting to exert improper influence over cases in other courts involving the Arkansas Game and Fish Commission; and (3) over several months, repeatedly failing to call his full docket on the record and canceling court without appropriate prior notice to litigants, attorneys, witnesses, or law enforcement; the Court held 6 months of the suspension in abeyance for 1 year contingent on the judge’s compliance with remedial measures.  Judicial Discipline and Disability Commission v. Carroll, Opinion (Arkansas Supreme Court November 18, 2022).
  • The Kentucky Judicial Conduct Commission removed a judge from office for (1) developing and implementing an ankle monitoring program through a non-profit organization he established, using the prestige of judicial office to promote the program to elected officials, agencies, and individuals, hindering the competitive bid process for the program, ordering defendants to participate in the program, and participating in the collection of fees those defendants paid to the organization; (2) mismanaging his courtroom, engaging in acts of retaliation, and abusing his contempt power; (3) pressuring people to donate to or support his political campaign; (4) attempting to interfere with his staff’s compliance with a Commission subpoena; and (5) using the prestige of office to intimidate a radio station about an open records request for video footage from the courthouse.  In re Jameson, Findings of fact, conclusions of law, and final order (Kentucky Judicial Conduct Commission November 4, 2022), on appeal.
  • Pursuant to the judge’s agreement, the Kentucky Judicial Conduct Commission publicly reprimanded a former judge for exchanging flirtatious and sexual text messages with an employee of the administrative office of the courts.  In the Matter of Privett, Public reprimand (Kentucky Judicial Conduct Commission November 10, 2022). 
  • With the judge’s consent, the Maryland Commission on Judicial Disabilities publicly reprimanded a judge for making contributions to political candidates and failing to cooperate with disciplinary authorities.  Notice of Reprimand (Owens) (Maryland Commission on Judicial Disabilities November 2022).
  • Based on the former judge’s consent, the Nevada Commission on Judicial Discipline barred a former judge from judicial office for a pattern of legal error that caused the Nevada Supreme Court to reverse guilty verdicts in 18 cases and for an ex parte communication with the prosecution in one of the cases.  In the Matter of Smith, Stipulation and order of consent (Nevada Commission on Judicial Discipline November 14, 2022).
  • Based on the findings and recommendation of the Judicial Conduct Committee, which were based on a stipulation and agreement, the New Hampshire Supreme Court found that a former marital master violated the code of judicial conduct by making inappropriate and irrelevant statements during a telephone hearing in a marital case and having a side conversation with staff in the courtroom, failing to disclose his comments to the parties or to disqualify himself from the case, and failing to disclose his exact comments to the Committee during its investigation; because the master had retired, the Court found that no additional disciplinary action was required but ordered that he pay over $12,680 in costs.  In the Matter of DalPra, Order (New Hampshire Supreme Court November 10, 2022).
  • Accepting an agreed statement of facts and recommendation, the New York State Commission on Judicial Conduct publicly admonished a judge for voluntarily preparing and submitting character reference letters that invoked his judicial title in support of 2 pistol license applications and writing a letter on his judicial stationery requesting that a judge reconsider her denial of one of the applications.  In the Matter of Aronian, Determination (New York State Commission on Judicial Conduct November 7, 2022).
  • Based on the judge’s resignation and agreement to be disqualified from judicial service in the state, the Texas State Commission on Judicial Conduct agreed not to pursue further disciplinary proceedings against a former judge; the Commission had received an anonymous complaint that the judge had been arrested for terroristic threat of a family member (although prosecution was declined); a complaint from the county attorney about the judge’s treatment of professional associates, inappropriate behavior in the workplace, and use of county equipment; and a complaint about his treatment of defendants.  Noaker, Voluntary agreement to resign from judicial office in lieu of disciplinary action (Texas State Commission on Judicial Conduct October 13, 2022).
  • The Texas State Commission on Judicial Conduct publicly warned a judge for failing to provide a defendant a pretrial hearing that she had requested, failing to respond to several letters and emails regarding 2 cases, and failing to timely dispose of the business of the court; the Commission also ordered the judge to receive 2 hours of instruction with a mentor.  Public Warning of Morales and Order of Additional Education (Texas State Commission on Judicial Conduct October 13, 2022).
  • Following a trial de novo, a Texas Special Court of Review affirmed the State Commission on Judicial Conduct’s public reprimand of a judge for seeking to replace a defendant’s attorney and initiating a motion for a new trial on the defendant’s behalf.  In re Wilson, Opinion (Texas Special Court of Reivew November 21, 2022).
  • Granting a petition for consensual license revocation, the Wisconsin Supreme Court revoked the law license of a former judge based on his conviction, entered following a guilty plea, on 2 federal felony counts of distribution of child pornography.  In the Matter of Blomme, Opinion (Wisconsin Supreme Court November 25, 2022).

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  • The Alabama Court of the Judiciary suspended a judge for 120 days without pay for refusing to return to work on December 6, 2021, as the Court had ordered in a previous decision in which it had suspended her for 90 days.  In the Matter of Todd, Final judgment (Alabama Court of the Judiciary October 18, 2022).
  • The Alabama Supreme Court affirmed the decision of the Court of the Judiciary removing a judge from office for (1) engaging in a pattern of racist demeanor; (2) engaging in a pattern of sexually inappropriate demeanor; (3) expressing anger inappropriately and using profanity in the court office; and (4) abusing the prestige of judicial office to seek early release of a female inmate and to seek aid for a friend’s sale of a life insurance policy.  Jinks v. Judicial Inquiry Commission (Alabama Supreme Court October 21, 2022).
  • Accepting an agreement in which the judge stipulated that the Judicial Inquiry Commission could prove the allegations in its complaint, the Alabama Court of the Judiciary suspended a judge without pay for 45 days and publicly censured him for (1) making denigrating comments about the Governor and the presiding judge of the circuit, using cuss words and/or profanity, and making other highly inappropriate comments; and (2) declaring acts and statutes regarding court fees unconstitutional and issuing an order redirecting court funds to address budgetary concerns.  In the Matter of Patterson, Final judgment (Alabama Court of the Judiciary October 27, 2022).  The judge was also ordered to complete 15 hours of education on judicial ethics to include at least 3 hours of training focused on cultural sensitivity; to read weekly emails forwarded to him by the Judicial Inquiry Commission from the Center for Judicial Ethics for 6 months; to consult and meet with another judge as a mentor monthly for 6 months; to refrain from joking or other inappropriate or offensive colloquies with litigants, attorneys, or court staff while in the courtroom; and to refrain from profanity or off-color language in the courthouse including in chambers or other private settings.
  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for authorizing an individual to be transported for psychiatric admission for medication management and stabilization at an out-of-county facility based on ex parte communications and without following the law.  Slayton, Order (Arizona Commission on Judicial Conduct September 19, 2022).
  • Approving a stipulation, the California Commission on Judicial Performance publicly censured a judge for (1) driving under the influence with a blood alcohol content of 0.25%, causing an accident, attempting to leave the scene of the accident, falsely informing bystanders that he was a truck driver to try to persuade them to let him leave the scene, misleading law enforcement officers about the cause of the accident, and underreporting to law enforcement the amount of alcohol he had consumed; and (2) during a proceeding, calling a litigant a “smart aleck,” accusing her of being “smart-alecky,” criticizing her tone of voice, and stating, sarcastically:  “I understand what they were going to testify about, ma’am, I’m not an idiot, okay.”  In the Matter of Mulvihill, Decision and order (California Commission on Judicial Performance October 27, 2022).
  • The Kentucky Supreme Court affirmed the decision of the Judicial Conduct Commission removing a judge from office for (1) inserting herself into her son’s criminal cases and attempting to influence the outcome of the cases in text messages, meetings, and calls with the county attorney and the judge presiding in the cases; (2) deleting material from her son’s social media accounts after he had been arrested; (3) using her position to arrange semi-private meetings with her son in the jailer’s office, bringing him drinks and food contrary to jail policy, and visiting him outside of normal visiting hours; (4) threatening to impose monetary fines on case workers and supervisors for late reports; (5) removing or threatening to remove attorneys from her guardian ad litem list for arbitrary reasons; (6) having her staff conduct drug testing; (7) failing to be candid with the Commission; and (8) failing to avoid or disclose conflicts of interest by retaining, paying, and directing the actions of her son’s attorney, who practices law in her courtroom and regularly receives guardian ad litem appointments from her, by presiding over cases in which her staff attorney’s brother represented a party, and by appointing an attorney with her husband’s law firm as a guardian ad litem.  Gordon v. Judicial Conduct Commission (Kentucky Supreme Court October 20, 2022).
  • Agreeing with the recommendation of the Judiciary Commission, the Louisiana Supreme Court suspended a judge from office for 180 days for abusing her contempt power by ordering the arrest of a women for failing to appear to sign a notice of a new hearing even though the women was not a party in the proceeding, had not been served with a subpoena or summons to appear for the prior hearing, had not been in court or on the phone when the judge ordered her to sign the hearing notice, and had not been served a subpoena or summons to appear in court to sign the notice.  In re Day (Louisiana Supreme Court October 21, 2022).
  • Adopting the findings of the Advisory Committee on Judicial Conduct and denying the judge’s motion to dismiss, the New Jersey Supreme Court publicly reprimanded a former judge for calling a third-party witness in a trust case and conducting an independent factual investigation to obtain personal information about the trustee and his daughter and then relying on that information to draw negative inferences about the trustee’s credibility.  In the Matter of Bergman, Order (New Jersey Supreme Court October 6, 2022).
  • Accepting an agreed statement of facts and recommendation, the New York State Commission on Judicial Conduct publicly censured a non-lawyer judge for (1) failing to disclose that the plaintiff in a small claims case was a customer of his auto business or to disqualify himself; failing to administer an oath or affirmation to the litigants and witnesses; making rude and undignified comments to the defendant; allowing the plaintiff to interject repeatedly; failing to admonish a spectator who interjected in the proceeding; and denigrating the defendant in an ex parte conversation about the substance of the case with the plaintiff’s witness and a spectator; (2) failing to disclose that the owner of the defendant business in a small claims case was a town council member and his business associate; failing to disqualify himself; and failing to administer an oath or affirmation to the litigants and witnesses as required by law; and (3) failing to timely report the receipt of court funds to the State Comptroller as required by law.  In the Matter of Kraker, Determination (New York State Commission on Judicial Conduct October 6, 2022).
  • Adopting the findings and recommendation of the Board of Professional Conduct, based on stipulations, the Ohio Supreme Court publicly reprimanded a judge for, in a child welfare case, inspecting the house where the children were living and failing to recuse himself from the case.  Disciplinary Counsel v. Lemons (Ohio Supreme Court October 13, 2022).
  • Adopting the findings of Board of Professional Conduct, which were based on stipulations, but rejecting its recommendation of a 2-year suspension, the Ohio Supreme Court indefinitely suspended a judge without pay for (1) refusing to comply with an administrative order during the COVID-19 pandemic, issuing capias warrants to defendants who followed the administrative order and did not appear, and lying about issuing the warrants to the press and to the presiding administrative judge; (2) in numerous criminal cases, engaging in ex parte communications and improper plea bargaining, rendering arbitrary dispositions, unilaterally amending the charges and falsely attributing those amendments to the prosecutor in judgment entries, and falsely stating in journal entries that she had conducted ability-to-pay hearings and had determined that the defendants were unable to pay fines or costs; (3) using capias warrants and bonds to compel payment of fines and court costs; (4) exhibiting a lack of decorum and dignity, including, the way she dressed, “her unkempt bench,” her undignified and demeaning treatment of defendants, and her efforts to obtain free or discounted goods and services from defendants; and (5) becoming personally embroiled with a defendant, abusing her discretion by holding the defendant in contempt for rolling her eyes in court and cursing in lockup, instigating the incident that led her to cite the defendant in contempt for a second time, and failing to recuse herself from the 2 contempt cases.  Disciplinary Counsel v. Carr (Ohio Supreme Court October 18, 2022).
  • The Texas State Commission on Judicial Conduct publicly reprimanded a judge for ordering a defendant handcuffed and detained for a few hours for allegedly violating the conditions of his community supervision by not attending a specific retreat, which had not been ordered.  Public Reprimand of Uzomba (Texas State Commission on Judicial Conduct October 24, 2022), on appeal to special court of review.
  • The Vermont Supreme Court suspended a judge without pay for the remainder of his term based on its order adopting a decision of the Professional Responsibility Board, to suspend his law license for 15 months for disclosing confidential juvenile records, failing to seek to modify a client’s conditions of release, disclosing confidential information relating to the representation of a client, falsifying records submitted in response to a disciplinary investigation, and aggravating factors; the Court had also reprimanded him for failing to provide competent representation to a DUI client.  In re Cobb, Entry order (Vermont Supreme Court October 24, 2022).
  • Accepting the recommendation of the Judicial Hearing Board based on a joint stipulation and agreement between the judge and Judicial Disciplinary Counsel and the formal statement of charges filed by the Judicial Investigation Commission, the West Virginia Supreme Court of Appeals suspended a judge for 12 months without pay, with 11 months held in abeyance, publicly reprimanded him, and ordered that he undergo counseling for (1) failing to treat litigants in his courtroom with respect and dignity, as demonstrated in hearings in 10 family court cases from January 2020 through August 2021, and (2) showing a lack of courtesy, civility, decorum, and judicial comportment, failing to control his anger and emotions, and expressing a clear disrespect for authority in dealing with technicians from the Supreme Court’s IT Department.  In the Matter of Camilletti, Order (West Virginia Supreme Court of Appeals September 20, 2022).

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  • Based on a stipulated resolution in which the judge agreed not to serve in any judicial capacity in the state after his current term ends on December 31, 2022, the Arizona Commission on Judicial Conduct concluded formal charges alleging that the judge had used profanity and discharged a firearm in the vicinity of an individual and used profanity toward a process server who was serving him with a subpoena to testify at a criminal hearing involving that individual, who was subsequently convicted of stalking the judge. Inquiry Concerning Watters, Final order (Arizona Commission on Judicial Conduct September 7, 2022).
  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for failing to decide an appeal from a limited jurisdiction court within 60 days as required. Nichols, Order (Arizona Commission on Judicial Conduct May 24, 2022).
  • Based on the judge’s resignation and agreement not to seek, request, or accept any elected or appointed judicial office, the Georgia Judicial Qualifications Commission resolved its investigation of allegations that a former chief magistrate judge had committed the offenses of criminal trespass, terroristic threats, and violation of his oath of office by entering onto another’s property and taking peas without the owner’s permission and threatening to assault the owner when confronted. In re Anderson, Report of disposition (Georgia Judicial Qualifications Commission August 11, 2022).
  • Based on an agreed statement of facts and joint recommendation, the New York State Commission on Judicial Conduct publicly censured a part-time judge for including her judicial title in the email address that she used on notices of appearances and emails she submitted to several courts when representing a client and improperly using her judicial title on a consent-to-change attorney form. In the Matter of Robichaud, Determination (New York State Commission on Judicial Conduct August 24, 2022).
  • Based on an agreed statement of facts, the New York State Commission on Judicial Conduct removed a non-lawyer judge from office for (1) brandishing his loaded gun at a litigant in the courtroom, repeatedly mentioning the litigant’s race when recounting the incident, and boasting about the incident and (2) sharing fundraising posts for the Elks Lodge on his personal Facebook page. In the Matter of Putorti, Determination (New York State Commission on Judicial Conduct September 9, 2022), on appeal.
  • Accepting a stipulation based on the judge’s resignation and affirmation that he will not seek or accept judicial office in the future, the New York State Commission on Judicial Conduct concluded a formal complaint alleging that a former judge had refused to appoint the county public defender’s office to represent indigent criminal defendants because of his animosity toward the public defender and his concern that the office would criticize him and falsely claimed that the public defender had accused him and his court clerk of forging their signatures on court documents. In the Matter of Gumo, Decision and order (New York State Commission on Judicial Conduct September 22, 2022).
  • • Accepting a stipulation based on the judge’s resignation and affirmation that she will not seek or accept judicial office in the future, the New York State Commission on Judicial Conduct concluded an investigation of allegations that the former non-lawyer judge had an adversarial relationship with the police department; had violated prohibitions on campaign activity; was discourteous toward and made disrespectful comments about court staff and courtroom spectators; had attempted to implement staffing decisions without involving her co-judge or the town board; and had failed to maintain professional competence in the law. In the Matter of Andreassen, Decision and order (New York State Commission on Judicial Conduct September 22, 2022).
  • • Based on an agreed statement of facts and joint recommendation, the New York State Commission on Judicial Conduct publicly censured a non-lawyer judge for (1) on his LinkedIn profile, liking, sharing, and/or commenting on posts that cast doubt on his ability to be impartial in matters involving law enforcement, that were related to partisan politics, that commented on matters of public controversy, that constituted public comment about a pending or impending proceeding in another court, or that appeared to lend the prestige of his judicial office to advance a fundraising appeal; and (2) served as a “peer support member” of the county sheriff’s critical incident stress management team. In the Matter of Elia, Determination (New York State Commission on Judicial Conduct September 28, 2022).
  • • Accepting an agreed statement of facts and joint recommendation, the New York State Commission on Judicial Conduct publicly censured a judge for (1) his handling of 3 small claims cases, including engaging in ex parte communications, failing to administer an oath or affirmation to the litigants, and allowing the litigants to interrupt him and each other and argue back and forth; (2) changing the terms of a plea agreement based on an ex parte conversation with the defendant’s attorney and without notice to or the consent of the prosecution; (3) in 4 traffic infraction cases, engaging in ex parte communications with the defendants and, in 2 of the cases, reducing or dismissing the charges without notice to or the consent of the prosecution; and (4) telling a defendant at arraignment in an environmental conservation law case, “So you have been dumping some waste off the side of the road, in streams and so on?”, failing to advise the defendant of his rights, and failing to take any action to accord the defendant an opportunity to exercise those rights. In the Matter of Arndt, Determination (New York State Commission on Judicial Conduct September 28, 2022).
  • • The Texas State Commission on Judicial Conduct publicly warned a judge for failing to recuse herself from 4 cases involving a party with whom she had a relationship or to disclose the relationship; the Commission also ordered the judge to obtain 4 hours of education with a mentor. Public Warning of Morris and Order of Additional Education (Texas State Commission on Judicial Conduct August 29, 2022), on appeal to special court of review.
  • • The Texas State Commission on Judicial Conduct publicly warned a judge for yelling at an assistant district attorney during a hearing, yelling at the defendant’s attorneys during a hearing in a civil case, making comments about a criminal defendant’s medical issues during a hearing, and yelling at a court interpreter during a hearing in a 4th case. Public Warning of Rangel (Texas State Commission on Judicial Conduct August 22, 2022), on appeal to special court of review.
  • • The Texas State Commission on Judicial Conduct publicly admonished a judge for filing a response to a motion to recuse. Public Admonition of Rangel (Texas State Commission on Judicial Conduct August 22, 2022), on appeal to special court of review.
  • • Following a hearing on stipulated facts, the Vermont Judicial Conduct Board publicly reprimanded a former judge for approving his own request for a bonus payment over and above the compensation to which he was entitled by statute. In re Delaney, Disposition report (Vermont Judicial Conduct Board September 19, 2022).
  • • Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly reprimanded a judge for making 3 racially insensitive and/or race-based stereotypical comments. In re Mahoney, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct September 9, 2022).
  • • Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly censured a former judge who had pled guilty to assault with sexual motivation on subordinate court staff. In re Gallina, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct September 9, 2022).

Recent cases

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  • The Arizona Commission on Judicial Conduct publicly reprimanded a judge for sua sponte dismissing 2 lawsuits in violation of the law and failing to submit a thorough response to the Commission. Cornejo, Order (Arizona Commission on Judicial Conduct May 24, 2022).
  • Based on the recommendation of the Judicial Discipline & Disability Commission pursuant to the judge’s agreement, the Arkansas Supreme Court suspended a judge for 90 days for a pattern of injudicious comments to defendants on irrelevant factors such as their appearance, background, ethnicity, and whether they lived in the county; the Court also ordered that he never again hold judicial office after his current term ends on December 31, 2024, but held 75 days of the suspension in abeyance subject to conditions.  Judicial Discipline & Disability Commission v. Bourne, Per curiam (Arkansas Supreme Court August 9, 2022).
  • Pursuant to the judge’s consent, the Arkansas Judicial Discipline & Disability Commission publicly censured a judge for a pattern of failing to consider the legal standard for appointing the public defender for misdemeanor defendants.  Bourne, Letter of censure and recommendation of suspension (Arkansas Judicial Discipline & Disability Commission August 1, 2022). 
  • Adopting the recommendation of the Commission on Judicial Discipline, which was based on a stipulation, the Colorado Supreme Court suspended a judge from office for 30 days without pay and publicly censured him for pointing  an AR-15 style rifle at his adult stepson during a confrontation.  In the Matter of Thompson (Colorado Supreme Court August 29, 2022).
  • Accepting a discipline by consent agreement and the recommendation of the hearing panel of the Judicial Qualifications Commission, the Georgia Supreme Court suspended a judge for 90 days without pay and ordered that she be publicly reprimanded for (1) from September 2015 through February 2018, regularly arriving to work at the courthouse much later than when she was scheduled to preside over court matters; (2) being absent from work approximately 40 days in 2016, 63 days in 2017, and 19 days from January 1 through July 17, 2018; and (3) refusing to provide at least 6 in-custody defendants their opportunity to appear in court to which they were entitled by law, resulting in their remaining incarcerated for days after they would have been entitled to release.  Inquiry Concerning Gundy (Georgia Supreme Court August 23, 2022).
  • With the judge’s approval and acceptance, the Kansas Commission on Judicial Conduct has ordered a judge cease and desist from failing to hear and decide matters assigned to her based on an April 2022 complaint alleging that the judge had not ruled on the complainant’s motion to reconsider a memorandum of judgment and decree of divorce after hearing the motion on November 9, 2021.  Inquiry Concerning Kirby, Order (Kansas Commission on Judicial Conduct August 3, 2022).
  • Based on a stipulation and the judge’s consent, the Nevada Commission on Judicial Discipline publicly reprimanded a judge for failing to issue a written divorce decree for over 3 years after presiding over the trial and failing to resolve and issue orders on other post-trial matters.  In re Saitta, Stipulation and order of consent (Nevada Commission on Judicial Discipline August 1, 2022).
  • Accepting a stipulation based on the judge’s resignation and affirmation that she has vacated her office and 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 June 2021, the Commission asked the judge to respond to the complaint it was investigating that she had failed to file reports or remit funds to the Office of the State Comptroller in the time required by law for November and December 2019, resulting in her judicial salary being stopped on May 20, 2020.  In the Matter of Matthews, Decision and order (New York State Commission on Judicial Conduct August, 2022).
  • Accepting an agreed statement of facts, the New York State Commission on Judicial Conduct publicly censured a judge for appearing at a small claims proceeding as if he were an attorney to advocate for his wife, who was a defendant, referring to his judicial status during the proceeding, and disparaging the plaintiff.  In the Matter of Kennedy, Determination (New York State Commission on Judicial Conduct August 24, 2022).
  • Accepting an agreement for discipline by consent, the South Carolina Supreme Court publicly reprimanded a magistrate for cursing at an attorney in open court and, in a separate incident, loudly complaining to the chief magistrate and yelling at the scheduling clerk about not receiving timely notice of a jury trial; the Court also ordered that the magistrate complete at least an additional 20 hours of anger management counseling.  In the Matter of Martin (South Carolina Supreme Court August 31, 2022).
  • The Texas State Commission on Judicial Conduct publicly warned a judge for sexually harassing his court clerk, including telling crude jokes of a sexual nature and making comments about her clothes, and creating an intimidating, hostile and offensive work environment.  Public Warning of Grissam (Texas State Commission on Judicial Conduct August 22, 2022).
  • The Texas State Commission on Judicial Conduct publicly admonished a judge for, during jury selection in a case, referring to COVID-19 as the “China Virus;” stating, “yeah, I said it!” and “the attorneys would be upset I said that;” calling some of the required questions for potential jurors “stupid;” and commenting, “I don’t know why I have to ask this;” the Commission also ordered the judge to obtain 1 hour of instruction with a mentor about courtroom demeanor.  Public Admonition of Low and Order of Additional Education (Texas State Commission on Judicial Conduct August 22, 2022), on review to special court of review.
  • The Texas State Commission on Judicial Conduct publicly admonished a judge for failing to withdraw as attorney of record in at least 10 cases after becoming a judge.  Public Admonition of Lucas (Texas State Commission on Judicial Conduct August 29, 2022).
  • The Texas State Commission on Judicial Conduct publicly warned a former judge for failing to obtain his required judicial education.  Public Warning of Salinas (Texas State Commission on Judicial Conduct August 10, 2022).
  • The West Virginia Judicial Investigation Commission publicly admonished a magistrate for wearing a law enforcement uniform in advertisements and social media posts for his campaign and appearing in photographs with campaign signs advocating the election of other candidates.  In the Matter of Jeffries (West Virginia Judicial Investigation Commission August 16, 2022).

Recent cases

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  • The California Commission on Judicial Performance publicly admonished a judge for, in 4 cases, making remarks reflecting poor demeanor and engaging in conduct that gave an appearance of bias and, in 3 of those cases, denying the parties a full right to be heard.  Public Admonishment of Hunt (California Commission on Judicial Performance July 5, 2022).
  • Based on the judge’s retirement and agreement not to seek, request, or accept any judicial office in the future in the state, the Georgia Judicial Qualifications Commission resolved a complaint against a former judge; a preliminary investigation had been started to determine whether, as chief judge of a county probate court, the judge had failed to properly supervise employees in their management of courts funds, employed unqualified individuals to assist with court-related tasks, improperly used notary services, improperly issued marriage licenses, and failed to regularly attend to his duties.  In re Brazier, Report of disposition (Georgia Judicial Qualifications Commission July 7, 2022).
  • In lieu of filing formal disciplinary proceedings and with the referee’s consent, the Indiana Commission on Judicial Qualifications publicly admonished a former referee for temporarily suspending a father’s parenting time with his minor daughter based, in part, on interview notes she received from a Guardian Ad Litem without circulating the notes to the father and his counsel or allowing them to review the notes when they asked to do so.  Public Admonition of Johnston (Indiana Commission on Judicial Qualifications July 1, 2022).
  • Based on a stipulation and agreement that included the judge’s resignation and affirmation that she will not seek office or accept judicial office in Indiana state courts or perform judicial duties in the state, the Indiana Commission on Judicial Qualifications concluded its investigation of allegations that had resulted in the judge being arrested and charged with domestic battery in the presence of a child; the judge also agreed to relinquish her attorney license for 150 days by going on inactive status with the condition that she retake and pass the multistate professional responsibility examination prior to reactivating her law license.  In the Matter of Bell, Stipulation and agreement (Indiana Commission on Judicial Qualifications July 25, 2022).
  • Adopting the findings and commendation of the Advisory Committee on Judicial Conduct, the New Jersey Supreme Court permanently disqualified a former judge from judicial service and publicly censured him for, while he was a part-time judge, grabbing a client’s representative in his private law office without her consent and for his “pervasive dishonesty” when testifying before the Committee.  In the Matter of Falcone, Order (New Jersey Supreme Court July 19, 2022).
  • The Tennessee Board of Judicial Conduct suspended a judge with pay for 30 days for (1) media interviews and social media posts about a case against a pharmaceutical company that resulted in his disqualification from the case; (2) communications and a physical relationship with a female litigant and failing to disqualify himself from her case; and (3) failing to respond to the Board’s notices.  In re Young, Order (Tennessee Board of Judicial Conduct July 26, 2022).
  • Reviewing a stipulation, agreement, order, and recommendation, the Washington Supreme Court suspended a judge for 10 days without pay and publicly censured her for (1) telling a litigant who was contesting a traffic infraction that, given the evidence and his admission, it was clear he had committed the infraction; engaging in an off-the-record discussion with him; and when she came back on the record, dismissing the infraction without giving a reason or explaining the interruption in the recording; and (2) awarding a judgment as a counterclaim in a case in which the defendants had not filed a counterclaim.  In re Burchett, Order (Washington Supreme Court July 19, 2022).
  • The Washington State Bar Association Disciplinary Counsel accepted a former judge’s permanent resignation from the bar in lieu of discipline; pursuant to a plea agreement, the judge had pled guilty to intentionally touching with sexual motivation 2 court employees.  In re Gallina, Resignation form (Washington State Bar Association April 25, 2022) (). 
  • Adopting the findings of a special committee, the Judicial Council of the U.S. Court of Appeals for the 4th Circuit publicly reprimanded a judge for entering into a separation agreement that created the appearance that he had received “a large payment on the eve of taking the bench for no coherent reason” or had agreed to practice law while serving as a judge.  In the Matter of Dawson, Memorandum and order (4th Circuit Judicial Council July 29, 2022).