State judicial discipline in 2022

2 sanctions from 2022 that have been newly unsealed or discovered require the revision of the count of state judicial discipline sanctions that was originally posted on January 31. The revised count is below.

In 2022, there were approximately 138 public dispositions in state judicial discipline proceedings.

  • 6 judges were removed from office.
  • 27 judges publicly agreed to resign or retire and never serve in judicial office again; in 3 of those cases, the now-former judges also agreed to a public admonishment; in 1 case, the former judge also agreed to go on inactive status as a lawyer.
  • 3 former judges were barred from judicial office; in 2 of those cases, the former judges were also publicly censured or reprimanded.
  • 18 judges were suspended without pay as a final sanction.
    • 1 suspension was indefinite.
    • 1 was until the end of the part-time judge’s term based on the suspension of his law license for misconduct as an attorney.
    • 1 was for “a reasonable time to permit the executive and legislative branches to consider” whether the judge should remain in office.
    • 1 suspension was for 18 months, with 6 months held in abeyance with remedial measures.
    • 1 suspension was for 12 months, with 11 months held in abeyance, and also included a reprimand and a requirement that the judge undergo counseling.
    • 4 suspensions were for 6 months or 180 days; 1 of those was stayed with conditions; 1 also included a censure.
    • 2 suspensions were for 120 days or 4 months.
    • 2 suspensions were for 90 days; 1 of those also included a reprimand; in 1 case, 75 days of the suspension was held in abeyance subject to conditions and the judge was barred from serving in judicial office again after his term expires in December 2024.
    • 1 suspension was for 60 days and also included a $30,000 fine, a reprimand, and a requirement that the judge receive training.
    • 1 suspension was for 45 days and also included a censure and training and other conditions.
    • 2 suspensions were for 30 days and also included a censure or reprimand.
    • 1 suspension was for 10 days.
  • 72  judges (or former judges in approximately 9 cases) received public censures, reprimands, admonishments, or warnings, with training, counseling, mentoring, or other remedial measures required in 9 of the cases.
    • There were 14 censures.
    • There were 31 reprimands (in addition, 1 pro tem judge agreed not to serve again).
    • There were 21 admonishments.
    • There were 6 warnings.
  • 1 judge was ordered to cease and desist certain conduct.
  • 3 judges were suspended with pay for 30 days each in a state that does not have suspension without pay.
  • 4 former judges were disciplined in attorney discipline proceedings for conduct while they were judges; 1 had his law license revoked, 1 had his law license suspended for 1 year and 1 day, 1 was publicly reprimanded, and 1 was publicly admonished.
  • 1 judge was ordered to complete a mentorship and be on unsupervised probation until the end of his term.
  • 3 judges or former judges were found to have committed misconduct, but no sanction was imposed, although 1 of the former judges was ordered to pay over $12,680 in costs.

Approximately 46% of the cases were resolved pursuant to an agreement.  This count does not include at least 6 cases currently pending on review, including 2 removal decisions.  “Judge” refers to any type of judicial officer, whether full-time or part-time, including supreme court and appellate court justices, justices of the peace, magistrates, pro tem judges, referees, court commissioners, and hearing officers.

The bar and prejudice to the administration of justice

In most states, a former judge remains subject to judicial discipline authorities for their conduct on the bench; approximately 8% of public sanctions in 2022 involved former judges.  However, a judicial conduct commission may sometimes decide not to exercise its jurisdiction over a former judge, and in some states, the commission’s jurisdiction ends when a judge’s time on the bench is over.  See Before and after the bench:  Part 2,” Judicial Conduct Reporter (NCSC fall 2015).

Former judges may be sanctioned in bar discipline proceedings for misconduct while they were judges.  Those cases usually cite the state’s equivalent of Rule 8.4(d) of the American Bar Association’s Model Rules of Professional Conduct:  “It is professional misconduct for a lawyer to . . . engage in conduct that is prejudicial to the administration of justice.”

4 public dispositions in 2022 were attorney discipline sanctions of former judges, and there have been 2 so far in 2023.

  • Based on an agreement, the Arizona Supreme Court Attorney Discipline Probable Cause Committee publicly admonished a former judge for contacting the county attorney’s office regarding potential employment while still a judge, failing to supervise court staff, and engaging in unprofessional communications with court staff.  In the Matter of Otis, Order of admonition and costs (Arizona Supreme Court Attorney Discipline Probable Cause Committee October 20, 2022).
  • Granting a petition for consensual license revocation, the Wisconsin Supreme Court revoked the 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, 982 N.W.2d 100 (Wisconsin 2022).  The judge had resigned shortly after pleading guilty.
  • Accepting a joint petition for consent discipline, the Louisiana Supreme Court suspended a former judge from the practice of law for 1 year and 1 day based on an investigation of allegations that, while he was a judge, he touched several women and acted inappropriately in the courtroom.  In re Williams, 341 So. 3d 527 (Louisiana 2022).  The Court noted that, in July 2018, it had disqualified the judge from performing judicial functions pending complaints made to the Judiciary Commission but that jurisdiction had “passed” to the Office of Disciplinary Counsel when the judge resigned in February 2020 before judicial discipline proceedings concluded.
  • Based on a decision by the Alabama Supreme Court, the State Bar publicly reprimanded a former judge and an attorney for engaging in an affair while the attorney was routinely appearing before the judge. Alabama Bar v. Kaminski (Alabama Supreme Court February 25, 2022). In 2019, the Judicial Inquiry Commission had filed a complaint against the judge based on the affair, but, after the judge resigned, the Court of the Judiciary accepted a stipulation in which the now-former judge agreed to never again seek judicial office in the state and the Commission agreed to dismiss its complaint.  In the Matter of Kaminski, Final judgment (Alabama Court of the Judiciary August 6, 2019).

* * *
Based on a report and recommendation of the hearing board of the Attorney Registration and Disciplinary Commission, 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).  In 2020, the judge had resigned after the Courts Commission found following a hearing that the judge had engaged in a pattern of inappropriate and harassing behavior toward the same three women referred to in the bar discipline case, but continued the question of sanction to allow more argument

While a female Chicago police officer was getting his signature on a search warrant, the then-judge had attempted to kiss her on the lips, grabbed her hand, and told her, “Touch my butt.”  On another occasion, he made lewd comments to the same officer when they met at her squad car about another search warrant.  On 2 occasions, the judge had suggestively approached a female court reporter when they were alone in a courthouse elevator and asked how much money it would take for her to have sex with him.  In addition, in a conversation with an assistant state’s attorney in his chambers, the judge had called another female assistant state’s attorney, who had been his law school classmate, a “bitch” because she had failed to congratulate him on his promotion to a new courtroom or to say hello to him.  He added:  “Maybe it’s because I didn’t have sex with her.  Or maybe it’s because I did have sex with her.”

* * *
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 re-election campaign, 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).  After he lost the election, the judge had resigned “to protect his judicial pension and save attorney fees” prior to a hearing on allegations filed by the Commission on Retirement, Removal and Discipline, although it is not clear whether those allegations were related to his conduct in the 2018 election.

In 2014, Kristen Burk ran against the judge, who was the incumbent.  Directly before the election, Burks distributed a flier with the heading:  “PREWITT…WORKING TO MISLEAD VOTERS.”  The judge won re-election.

In 2018, after deciding to run against the judge again, Burks had conversations with her pastor, her law partner, and a former police chief that caused her to believe that the judge planned to use her husband’s infidelities as an issue in the campaign.  For example, she was told that the judge had said that if she ran against him, “things were going to come out in this next election that maybe hadn’t before,” that the campaign would be “a bloodbath,” and that he did not believe Burks wanted her children to find out about her husband’s affairs.

Burks also found an anonymous letter addressed to her daughter that crudely described her husband’s infidelities.  Burks believed the judge was responsible for the letter.  After contacting authorities, she met with the judge at a restaurant and recorded their discussion with a device provided by the FBI.

Their conversation was heated.  The judge denied knowing about the letter, and there is no evidence that he was involved. 

But the Court found that the judge had attempted to coerce Burks not to run against him during their meeting.  It explained:

First, he threatened that Burks’ filing would result in him filing an ethics complaint against her based on the previous campaign.  Second, he threatened to give speeches and send out fliers in which he would call her husband a “predator.”  Intertwined in this threat was Prewitt’s intention of making a point that Burks’ children, who were unaware of the affair, would be certain to learn of it.

The judge had said to Burks, “You file against me, next day, [the flier] goes down to the ethics commission,” and the Court held that a judge’s “threat to file an ethics complaint against a lawyer, if and only if that lawyer decides to oppose him in an election, is impermissible.”  It stated:

Prewitt’s intention to file the complaint showed either (1) he believed Burks’ prior campaign information violated the Rules or (2) he meant to harass her with a complaint that did not rise to a Rules violation.  If Prewitt believed the prior campaign material warranted reporting . . . , he had an obligation to file the complaint.  Yet he held it in abeyance. . . .  A judge’s threat to file a required ethics complaint, at his discretion and for his benefit, destroys public confidence in the independence, integrity, and impartiality of the judiciary; is an abuse of the prestige of judicial office for personal benefit; and is prejudicial to the administration of justice.

The judge had told Burks at the restaurant “I know a lot of things” when referring to his representation of one of the women with whom her husband had had an affair.  The Court found that this was a threat to disclose a former client’s confidences to help his campaign and violated the rules of professional conduct.

State judicial discipline in 2022

In 2022, there were approximately 138 public dispositions in state judicial discipline proceedings.

  • 6 judges were removed from office.
  • 27 judges publicly agreed to resign or retire and never serve in judicial office again; in 3 of those cases, the now-former judges also agreed to a public admonishment; in 1 case, the former judge also agreed to go on inactive status as a lawyer.
  • 3 former judges were barred from judicial office; in 2 of those cases, the former judges were also publicly censured or reprimanded.
  • 18 judges were suspended without pay as a final sanction.
    • 1 suspension was indefinite.
    • 1 was until the end of the part-time judge’s term based on the suspension of his law license for misconduct as an attorney.
    • 1 was for “a reasonable time to permit the executive and legislative branches to consider” whether the judge should remain in office.
    • 1 suspension was for 18 months, with 6 months held in abeyance with remedial measures.
    • 1 suspension was for 12 months, with 11 months held in abeyance, and also included a reprimand and a requirement that the judge undergo counseling.
    • 4 suspensions were for 6 months or 180 days; 1 of those was stayed with conditions; 1 also included a censure.
    • 2 suspensions were for 120 days or 4 months.
    • 2 suspensions were for 90 days; 1 of those also included a reprimand; in 1 case, 75 days of the suspension was held in abeyance subject to conditions and the judge was barred from serving in judicial office again after his term expires in December 2024.
    • 1 suspension was for 60 days and also included a $30,000 fine, a reprimand, and a requirement that the judge receive training.
    • 1 suspension was for 45 days and also included a censure and training and other conditions.
    • 2 suspensions were for 30 days and also included a censure or reprimand.
    • 1 suspension was for 10 days.
  • 72  judges (or former judges in approximately 9 cases) received public censures, reprimands, admonishments, or warnings, with training, counseling, mentoring, or other remedial measures required in 9 of the cases.
    • There were 14 censures.There were 31 reprimands (in addition, 1 pro tem judge agreed not to serve again).There were 21 admonishments.
    • There were 6 warnings.
  • 1 judge was ordered to cease and desist certain conduct.
  • 3 judges were suspended with pay for 30 days each in a state that does not have suspension without pay.
  • 4 former judges were disciplined in attorney discipline proceedings for conduct while they were judges; 1 had his law license revoked, 1 had his law license suspended for 1 year and 1 day, 1 was publicly reprimanded, and 1 was publicly admonished.
  • 1 judge was ordered to complete a mentorship and be on unsupervised probation until the end of his term.
  • 3 judges or former judges were found to have committed misconduct, but no sanction was imposed, although 1 of the former judges was ordered to pay over $12,680 in costs.

Approximately 46% of the cases were resolved pursuant to an agreement.  This count does not include at least 6 cases currently pending on review, including 2 removal decisions.  “Judge” refers to any type of judicial officer, whether full-time or part-time, including supreme court and appellate court justices, justices of the peace, magistrates, pro tem judges, referees, court commissioners, and hearing officers.

See also State judicial discipline in 2021.

Private dispositions

The Michigan Judicial Tenure Commission recently disclosed its letter cautioning a judge about her treatment of a cancer patient who had been cited for failing to keep his property free of weeds, trees, or other nuisance vegetation, although it dismissed the complaint against the judge.  Letter to Krot (Michigan Judicial Tenure Commission July 5, 2022).  The letter is marked “personal and confidential,” and under the Commission’s rules, it ordinarily would not be public, but the Commission’s post includes her name because the judge waived her right to confidentiality “in recognition of the public interest in this incident,” which received extensive, national media coverage.  In the letter, the Commission notes that the judge had self-reported her conduct although she was not required to do so and had “candidly acknowledged that [her] tone and words . . . were neither dignified nor courteous and were completely inappropriate.” 

On January 10, 2022, Burhan Chowdhury appeared before the judge on Zoom in response to a ticket for a code violation; his son also appeared.  A picture shared on the screen showed overgrown vegetation around a garage in an alley.  During the hearing, Chowdhury told the judge that he had cancer, was very old and weak, and could not look after “these things.”  

The judge responded that Chowdhury should be ashamed of himself and that she would give him jail time if she could.  She fined him $100 and told him to get the area cleaned up, as its appearance was “totally inappropriate.”  When Chowdhury’s son asked if the fine was forgivable, explaining that his father had been ill and that the area had been cleaned prior to the hearing, the judge “asked whether he had seen the photo of the area, then stated in a raised voice that it was shameful and that the neighbors should not have to view it, adding that ‘if you come back here — with your yard looking like that, you’re going to jail.’”  The Commission noted that the “threat was particularly inappropriate, as a jail sentence is not an option for a civil infraction.” 

The Commission’s letter stated that the judge’s reaction may have been due in part to her disappointment that many local homeowners have neglected their property, her unusually heavy docket that day, and her frustration that the city’s lag in using screen share was slowing the day’s proceedings.  The Commission also acknowledged that the judge had learned that she had a significant health issue shortly before the hearing.

However, the Commission cautioned that “a judge cannot allow circumstances, such as those you faced when the Chowdhurys were before you, unduly to influence the way they treat litigants,” warning her “to adhere to the letter and spirit of these canons in the future . . . .”  The Commission explained to the judge:  “You deprived Mr. Chowdhury of his right to provide his explanation for the overgrown vegetation; whether intended by you or not, your interaction caused him humiliation; and you reacted with excessive anger toward an individual appearing before you for the first time, and doing so for a minor infraction.”

The Commission commended the judge for acknowledging her error, taking responsibility without attempting to excuse her conduct, and publicly apologizing, and accepted that her treatment of the Chowdhurys was not racist or otherwise biased.  Noting that she had an unblemished discipline history, the Commission stated that it was confident that her conduct at the hearing was an “aberration” and that there is “no risk of repetition” but informed the judge that it could consider the incident “in the event of future misconduct.”

* * *

If an investigation produces some evidence of misconduct, but the misconduct is relatively minor, most judicial conduct commissions can resolve a complaint about a judge with a private sanction or confidential informal disposition.  Depending on the state, private dispositions are called:

  • Private censures, reprimands, admonitions, or warnings;
  • Letters of admonition, counsel, caution, advice, or correction;
  • Dismissals with caution, admonition, explanation, concern, or warning; or
  • Orders of additional education, cease and desist orders, or adjustments.

Several judicial conduct commissions summarize their private dispositions in their annual reports.  The commissions with this practice include:  the California Commission on Judicial Performance, the Colorado Commission on Judicial Discipline, the Maryland Commission on Judicial Disabilities, the Massachusetts Commission on Judicial Conduct, the Michigan Judicial Tenure Commission, the Minnesota Board on Judicial Standards, the New Mexico Judicial Standards Commission, the New York State Commission on Judicial Conduct, the Pennsylvania Judicial Conduct Board, and the Utah Judicial Conduct Commission.  The California Commission explains that it provides synopses of private admonishments and advisory letters “to educate judges and the public, and to assist judges in avoiding inappropriate conduct;” it acknowledges that because “certain details of the cases have been omitted or obscured” to maintain confidentiality, the summaries are “less informative than they otherwise might be” but notes its belief that “it is better to describe the conduct in abbreviated form than to omit the summaries altogether.”  Summaries of private discipline since 1998 are available on the Commission’s website.

In addition, several commissions post on their websites redacted or abridged versions of their private dispositions when they are issued.  For example, as reflected on their websites, so far in 2022, the Texas State Commission on Judicial Conduct has issued private admonitions or warnings to and/or ordered additional education for 18 judges.  and the Arizona Commission on Judicial Conduct has dismissed with warning or advisory letters complaints against 8 judges filed in 2021.

State judicial discipline in 2021

In 2021, there were approximately 116 public state discipline proceedings involving judges or former judges.  Approximately 55% of the cases were resolved pursuant to an agreement.

  • 2 judges were removed from office.
  • 1 judge was involuntarily retired.
  • 28 judges publicly agreed to resign or retire and never serve in judicial office again.
  • 7 judges publicly agreed to resign or retire and never serve again and, in addition, to receive a public censure (2 judges) or a public admonishment (4 judges) or to pay attorney’s fees and costs for the investigation and prosecution of the case, which were almost $74,500.
  • 20 judges were suspended without pay as a final sanction for from 7 days to 2 years, although 5 of those suspensions were deferred in whole or in part subject to the judge committing no further misconduct and other conditions.
    • 1 judge was suspended without pay for 2 years with all but 6 months deferred subject to the judge completing a lawyers assistance monitoring program.
    • 1 judge was suspended for 18 months and agreed to complete an on-line ethics course.
    • 2 judges were suspended for 1 year.  1 of those suspensions was stayed after approximately 2 months conditioned on the judge complying with a counseling and training plan.
    • 1 judge was suspended for 10 months with her resumption of duties conditioned on her compliance with a professional development plan.
    • 4  judges were suspended for 6 months.  2 of those suspensions were stayed with education requirements.  1 also required the judge to complete anger management training.  1 also placed the judge on probation, prohibited her from serving in the family court division during her probation, and ordered her to consult with a mentor and apologize to each person she had wronged.
    • 3 judges were suspended for 90 days or 3 months.  1 of those suspensions also included a censure and required the judge to obtain additional judicial education and to apologize.  60 days of 1 of those suspensions was stayed conditioned on the judge attending a class on mindfulness, patience, or civility and consulting with a counselor or life coach about how to treat the professionals appearing in his court.
    • 4 judges were suspended for 1 month or 30 days.  1 of those suspensions included a requirement of additional training, a mentorship, and probation.
    • 1 judge was suspended for 2 weeks and placed on probation until the end of his term.
    • 1 judge was suspended for 10 days, fined $37,500, and publicly reprimanded.
    • 2 judges were suspended for 7 days.
  • 52 judges (or former judges in approximately 12 cases) received public censures (7), reprimands (24), admonishments (16), or warnings (3), with education or mentoring required in 13 of the cases.  1 of the censures also included a $1,000 fine.  1 of the reprimands also included a $2,500 fine.
  • 2 judges and 1 former judge were ordered to cease and desist certain conduct.
  • 2 former judges received informal adjustments.
  • 1 judge was suspended with pay for 30 days in a state that does not have the option of suspension without pay.
  • 1 former judge had his law license suspended for 180 days in attorney discipline proceedings for conduct while he was a judge.
  • 1 former judge will be suspended without pay for 6 years if he is elected or appointed to judicial office during the next 6 years.

See also State judicial discipline in 2020

State judicial discipline in 2020: Top stories of 2020

In 2020, as a result of approximately 127 public state judicial discipline proceedings:

  • 11 judges were removed from office.
  • 5 former judges were barred from serving in office again.  1 of those former judges was also suspended from the practice of law for 1 year.  2 were also publicly censured, fined $1,000 each, and permanently barred from public office.  1 was also publicly censured and barred from public office for 10 years.
  • 13 judges or former judges resigned or retired in lieu of discipline pursuant to public agreements with conduct commissions.
  • 7 judges were suspended without pay as a final sanction for 14 days to 6 months, although the 6-month suspension was stayed conditioned on the judge completing 2 hours of education and engaging in no further misconduct.  There were 3 suspensions for 30 days (1 also included a reprimand; 1 included a reprimand and $1,000 fine).  1 judge was suspended for 3 months.  1 judge was suspended for 90 days, reprimanded, and fined $2,000.
  • Approximately 7 of the cases involved former judges.  In approximately 15 of those cases, the judge was also ordered to obtain additional education, training, mentoring, or counseling.
  • 1 former judge was disbarred and 2 former judges had their law licenses suspended in attorney discipline proceedings for conduct while they were judges.  The suspensions were for 6 months, although 1 of those suspensions was stayed conditioned on the former judge completing 4 hours of education and engaging in no further misconduct.
  • In 2 cases, the judicial conduct commission made public findings of misconduct but did not impose a sanction.
  • 1 judge was retired for disability.

This count does not include approximately 8 cases currently pending on review.  Approximately 1/3 of the sanctions were entered pursuant to an agreement.  “Judge” refers to any type of judicial officer, whether full-time or part-time, including supreme court and appellate court justices, justices of the peace, magistrates, court commissioners, and hearing officers.

See also State judicial discipline in 2019.

Conditions

Many commissions and courts can impose conditions on judges in judicial discipline cases.  For example, the rule in Indiana provides:  “Upon a finding of misconduct . . . or disability . . . , the Supreme Court may impose . . . limitations or conditions on the performance of judicial duties,” alone or in combination with other sanctions.  In 2019, conditions were imposed in over 20 cases, usually with the judge’s agreement.

For example, as part of a stipulation, a judge who was publicly admonished for delays of 392 days and 132 days in deciding 2 family law cases agreed to maintain a list so that pending matters will be regularly brought to his attention and, every 3 months for a year, to affirm in writing that he has no matters with decisions pending beyond 90 days to the Washington State Commission on Judicial Conduct.  In re Fennessy, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct April 26, 2019).

In several discipline cases, judges were required to undergo a psychological assessment as part of the sanction.  For example, the Maryland Court of Appeals conditioned a judge’s reinstatement after a 6-month suspension without pay on an emotional and behavioral assessment by a qualified health care professional.  The judge was required to “fully cooperate in the health care evaluation and comply with the recommended course of treatment, including counselling, if any;” and, if and when she applies for reinstatement, to provide the Commission of Judicial Disabilities and the Court “a written report from the evaluating health care professional or professionals” about her current medical condition, including any reason why she should not be reinstated as a district court judge.  The judge had (1) failed to treat other judges and courthouse staff with dignity and respect, including repeatedly yelling at court clerks and judges, subjecting court clerks to line-ups when clerical mistakes were made, physically pushing a clerk, and repeatedly attempting to undermine the authority of the administrative judge and (2) abdicated her duty to handle and process search warrant materials as required by statute and instructed a law clerk to destroy warrant materials.  In the Matter of Russell, 211 A.3d 426 (Maryland 2019).

In 2 unrelated cases, the Pennsylvania Court of Judicial Discipline placed judges on probation in addition to sanctioning them and ordered them to complete any treatment complete any recommended treatment by licensed psychologists following a psychological and psychosocial assessments.

In In re Muth, Opinion (October 31, 2018), 220 A.3d 1220 (Pennsylvania Court of Judicial Discipline 2019), the Court suspended a  judge for 45 days without pay and fined him $5,000 for (1) viewing images of naked and partially naked women while in his office and (2) having judicial employees grade papers and make copies of handouts on the court’s copier for classes he was teaching.  The purpose of the psychosocial assessment, the Court stated, was “to determine the cognitive, behavioral and emotional motivation leading to the inappropriate sexualized behavior . . . .”

In In re Maruszczak, Opinion (January 9, 2019), Opinion (Pennsylvania Court of Judicial Discipline October 4, 2019), the Court publicly reprimanded a judge for, during his re-election campaign, publicly confronting 3 people who supported his opponent and yelling at them, insulting them, and threatening them.  The purpose of the psychological assessment, the Court explained, was “to assess impulse control and anger related issues.“

See also Inquiry Concerning Lemonidis, 283 So. 3d 799 (Florida 2019) (agreeing that a judge continue stress management counseling in addition to a public reprimand, pursuant to a stipulation, for her comments in 2 criminal cases).

The condition most often imposed is a requirement of additional education, often with a mentor.

For example, a judge agreed to participate in a mentoring program he would develop in consultation with the chief judge when he agreed to be publicly reprimanded by the Vermont Judicial Conduct Board for directly contacting attorneys, including attorneys who appeared before him, to ask them to be part of a campaign committee.  In re Glennon, Public reprimand with order (Vermont Judicial Conduct Board August 28, 2019), pursuant to a stipulation.

Ordering instruction with a mentor is an option often imposed by the Texas State Commission on Judicial Conduct.

  • The Commission publicly reprimanded a judge for pulling traffic citations to have an assistant district attorney file a motion to dismiss and/or provide other preferential treatment and ordered that he receive 20 hours of additional instruction with a mentor about traffic citations and warrants. Public Reprimand of Trejo and Order of Additional Education (Texas State Commission on Judicial Conduct April 26, 2019).
  • The Commission publicly warned a judge for refusing to allow a litigant to review and copy the charging documents in his case unless and until he entered a plea and for her policy and practice with respect to requests for access to court files; the Commission also ordered the judge to receive 2 hours of instruction with a mentor on public access to court records and responding to requests for court records. Public Warning of Baggett and Order of Additional Education (Texas State Commission on Judicial Conduct August 8, 2019).
  • The Commission publicly admonished a judge for invoking her judicial position during a telephone conversation with a man she believed was the estranged husband of a woman she believed was cohabitating with her estranged husband; the Commission also ordered that she receive 2 hours of instruction with a mentor, particularly on judicial ethics and professionalism. Public Admonition of Rocha and Order of Additional Education (Texas State Commission on Judicial Conduct August 26, 2019).

Both the Arizona Commission on Judicial Conduct and the Nevada Commission on Judicial Discipline ordered judges to complete the web-based course, “Ethics and Judging:  Reaching Higher Ground,” offered by the National Judicial College.  Guerrero, Order (Arizona Commission on Judicial Conduct March 29, 2019) (reprimand for threatening to hold 2 police officers in contempt for failing to comply with his order to arrest a woman for violating a harassment injunction entered in a proceeding from which the judge had recused himself); In the Matter of Jasperson, Stipulation and order of consent (Nevada Commission on Judicial Discipline July 23, 2019) (reprimand for ordering a landlord jailed for contempt without following the law).

The Nevada Commission also ordered 2 judges to attend at their own expense other specific courses at the National Judicial College, which is located in Reno, Nevada.

  • The Commission publicly censured a judge for using an alternate judge whenever it was his turn to act as on-call search warrant judge for 4 years and failing to cooperate with 3 chief judges and ordered the judge to attend the NJC course “Leadership for Judges.” In the Matter of Hastings, Findings of fact, conclusions of law, and imposition of discipline (Nevada Commission on Judicial Discipline March 6, 2019).
  • The Commission publicly admonished a hearing master for ignoring an attorney’s objections to her questioning of a juvenile defendant, interfering with the attorney-client privilege and relationship, yelling at the attorney, attempting to pressure the juvenile into answering her questions by telling her that her probation would be increased if she refused, preventing the attorney from making a record on his objection, and threatening to contact the attorney’s boss; the Commission also ordered the judge to complete “Managing Challenging Family Law Cases: A Practical Approach” at the NJC.  In the Matter of Henry, Findings of fact, conclusions of law, and imposition of discipline (Nevada Commission on Judicial Discipline December 12, 2019).

Other examples of education requirements:

  • Based on an agreement, the Tennessee Board of Judicial Conduct publicly reprimanded a judge for sharing partisan posts on Facebook. The judge also agreed to complete a program addressing ethical issues and the use of social media; to refrain from making any comments or disseminating any substantially similar social media posts; and to keep his social media platforms private.  Lammey (Tennessee Board of Judicial Conduct November 15, 2019).
  • Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly reprimanded a judge for, without notice or a reasonable evidentiary basis, entering an order in a case to which he was not assigned that gratuitously attacked the character of 2 attorney. The judge also agreed to participate in 4 hours of judicial ethics training, not to repeat his conduct, and to read the code of judicial conduct.  In re Spanner, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct November 22, 2019).

State judicial discipline in 2019

In 2019, as a result of state disciplinary proceedings, 2 judges were removed from office.  (2 other judges were removed by conduct commissions, but those decisions were under review at the end of the year and, therefore, not included in the count for 2019.)  In addition, 15 judges or former judges resigned or retired in lieu of discipline pursuant to public agreements with conduct commissions; 1 of those former judges was also reprimanded.  2 judges were retired for disability.

16 judges were suspended without pay as a final sanction.  The suspensions ranged from 5 days to 1 year, although the 1-year suspension was stayed conditioned on the judge engaging in no further misconduct.  The other suspensions were for 7 days, 3 weeks, 28 days, 30 days (3 judges), 45 days (3 judges), 60 days (3 judges), 90 days, and 6 months (3 judges).  The 90-day suspension also included a $5,000 fine and public reprimand; one 45-day suspension also included a $5,000 fine; one 30-day suspension also included a $500 fine and public reprimand; the 28-day suspension also included a public censure.  The reinstatement of one of the judges suspended for 60 days was conditioned on her undergoing an emotional and behavioral assessment by a health care professional and completing a judicial ethics course.

86 judges (or former judges in 11 cases) received public censures, reprimands, admonishments, warnings, or letters of counsel.

  • There were 16 censures, 1 of which was severe. In addition to being censured, 1 former judge was barred from serving in judicial office in the state; 1 former judge was permanently barred from serving in judicial office in the state and ordered to pay restitution; 1 former judge’s law license was annulled, he was permanently enjoined from seeking public office in the state, fined $3,000, and reprimanded; 2 former judges were permanently enjoined from serving in public office and fined $1,000; and 1 judge was ordered to attend a course at the National Judicial College.
  • There were 36 reprimands. 1 reprimand included a $5,000 fine; 1 included a $1,683 fine; 2 included $500 fines; and 10 included requirements such as mentoring, training, stress management, probation, compliance with a lawyers assistance program agreement, or a psychological assessment.
  • There were 20 public admonishments. In several cases, the admonishments included conditions such as training.
  • There were 9 public warnings. 1 also ordered additional education.
  • 1 letter of counsel was made public with the judge’s consent.
  • 1 retired judge was suspended from eligibility as a reserve judge for 3 years
  • 3 former judges had their law licenses suspended in attorney discipline proceedings for conduct while they were judges. 1 suspension was indefinite; 1 was for 6 months; 1 was for 1 year with 6 months stayed.

“Judge” refers to any type of judicial officer including justices, magistrates, court commissioners, and hearing officers, whether full-time or part-time.  Approximately half of the sanctions were entered pursuant to an agreement with the judge or former judge.

Private dispositions

Most judicial conduct commissions can dispose of a matter with a private sanction or informal resolution if there is evidence of misconduct, but the misconduct does not warrant a public sanction.  Depending on the state, these private dispositions are called:

  • Dismissals with caution, admonition, explanation, concern, or warning,
  • Letters of admonition, counsel, caution, advice, or correction, or
  • Private censures, reprimands, admonitions, or warnings.

Some states have more than one category of private disposition.

These types of remedies are usually used if:

  • The misconduct is a single, isolated act that is not likely to be repeated,
  • The misconduct did not involve dishonesty, deceit, fraud, or misrepresentation,
  • The misconduct did not substantially prejudice a litigant or other person,
  • The judge has acknowledged the misconduct and agreed to comply with the code in the future,
  • The judge has not previously been disciplined for the same misconduct, and
  • The judge has not recently been disciplined for other misconduct.

Failure to enter a timely ruling in 1 or 2 cases, for example, is a common subject for a private sanction or caution.

In an informal disposition, a commission:

  • Reminds the judge of ethical responsibilities,
  • Gives authoritative advice,
  • Expresses disapproval of the behavior,
  • Warns that further complaints may lead to more serious consequences,
  • Suggests that other actions would have been more appropriate in the situation,
  • Cautions the judge not to engage in specific behavior in the future, and
  • Recommends that the judge obtain counseling or education.

Although informal dispositions and private sanctions are confidential, several commissions publish on their web-sites redacted versions of dismissals with comment (Arizona), private reprimands (Kentucky), private warnings, admonitions, and reprimands (Texas), and private warnings (Vermont).

In addition, approximately 10 judicial conduct commissions include in their annual reports summaries of private resolutions in addition to statistics of complaint dispositions, descriptions of public cases, and explanations of commission procedures.

For example, in its recent annual report, the California Commission on Judicial Performance summarized the 11 private admonishments and 23 advisory letters that became final in 2018.  It explained that the summaries omit some facts to maintain confidentiality, which makes them “less informative than they otherwise might be,” but that, “because these summaries are intended in part to educate judges and the public, and to assist judges in avoiding inappropriate conduct, the commission believes it is better to describe the conduct in abbreviated form than to omit the summaries altogether.”

For example, the Commission privately admonished:

  • A judge who failed to diligently monitor social media associated with the judge’s name, disregarded court directives regarding the setting of hearings, inappropriately handled a business transaction on the court’s behalf, made undignified, overly personal remarks to a member of court staff, and had a private conversation with an attorney that created the appearance of impropriety.
  • A judge who accepted an improper gift from an attorney and failed to disclose the gift when the attorney appeared before the judge and failed to disclose or disqualify when another attorney with whom the judge had a personal relationship appeared.
  • A judge who made remarks that gave the appearance that the judge was trying to dissuade an attorney from filing a statement of disqualification for cause, reflected poor demeanor, and gave the appearance of bias and embroilment.
  • A judge who included gratuitous, inaccurate information about a litigant in a recusal order.
  • A judge who, on the record during proceedings, mentioned information received ex parte about one of the litigants without providing the litigant an opportunity to be heard; made gratuitous and discourteous remarks in open court; and described personal experiences on the record.

In privately cautioning a judge, the New Mexico Judicial Standards Commission makes no findings of wrongdoing but expresses its concern “that if true, the conduct may violate or may lead to a violation of the Code if not raised with the judge.”  According to its 2018 annual report, the Commission cautioned 6 judges, for example, a judge who allegedly failed to provide an interpreter for a Spanish-speaking defendant, a judge who allegedly made disparaging and/or condescending comments to an attorney, a judge who allegedly ruled based on a coin toss, and a judge who allegedly engaged in an ex parte communication with an assistant district attorney regarding scheduling without promptly notify defense counsel.

In addition, the Commission disposed of 3 inquiries through informal remedial measures.  For example, a judge who allegedly criticized a jury verdict in the presence of the jury successfully completed an informal mentorship and agreed to receive a letter of caution.

The Arizona Commission on Judicial Conduct typically includes advisory language with a dismissal “when a judge has not technically violated the Code but members believe the judge could benefit from advice about a particular Code-based issue.”  According to its annual report in 2018, the Commission privately advised 13 judges, for example:

  • To be cautious about clerks’ use of the judge’s signature stamp;
  • To avoid using terms of endearment with litigants; and
  • To ensure that all parties understand the judge’s policies for bench conferences to avoid the appearance that ex parte communications are occurring.

The Commission generally issues warnings when “a judge either came close to violating the Code or when a technical violation has occurred, but members conclude that mitigating circumstances dictate against issuance of a public sanction.”  In 2018, the Commission privately warned 12 judges, for example:

  • For making derogatory comments about an elected official during a court proceeding;
  • For improper demeanor, giving legal advice to litigants, and interrupting court business to conduct a wedding;
  • For using a court computer to access restricted file materials in a family member’s case with the family member’s consent;
  • For using the judicial title to further a personal business;
  • For seeking the endorsement of a law enforcement association for a re-election campaign and using a court computer for campaign activities; and
  • For issuing an order including facts not supported by the record.

The Pennsylvania Judicial Conduct Board issues a letter of counsel as a private admonition when there is sufficient evidence of judicial misconduct to file formal charges but mitigating or extenuating circumstances weigh against the filing of formal charges; a judge must accept a letter of counsel and appear before the Board’s Chief Counsel.  The Board issues a letter of caution as a private warning of potential judicial misconduct.  Its 2018 annual report includes examples of the type of conduct addressed by letters of caution, such as:

  • A judge became frustrated at a party’s in-court antics and failed to allow the party and party’s counsel to present a case.
  • A judge referred to a witness for the prosecution as a “liar” and otherwise attempted to cast doubt on the witness’ credibility throughout the jury charge.
  • In response to an unjustified complaint, a judge engaged in “petty retaliation” against a member of the judge’s office staff.
  • After recusing from several cases due to a prior relationship with a litigant, a judge selected his own replacement.
  • A judge routinely had lunch in public with attorneys who had matters pending before him.
  • A judge presided over a preliminary arraignment and preliminary hearings on criminal cases when the judge was Facebook friends with the victim, the victim’s mother, the victim’s grandparents, and the arresting officer.
  • A judge used inappropriate language when addressing a female defendant at her sentencing hearing.
  • While presiding over a sentencing hearing, a judge spoke about and in front of the defendant in a demeaning and inappropriately harsh manner.
  • While campaigning door-to-door, a judicial candidate accepted a $100 cash donation from a constituent.
  • A judge failed to secure proper coverage for his district court, failed to be available to police officers and his court clerks, repeatedly arrived late at court, and failed to train and supervise newly hired court clerks.

The 2018 annual report of the Minnesota Board on Judicial Standards gave a sample of the 4 private admonitions and 9 letters of caution it issued in 2018.  For example, a judge was privately admonished for serving during a hearing as the lawyer for the respondents, who were the judge’s relatives; making statements that, at a minimum, vouched for their character without being under subpoena; and testifying about the judge’s personal observations about the facts of the case.  The Board cautioned, for example, a referee who admitted referring to an attorney in court as “that sleazy attorney” and “that blood sucking attorney,” intending “to be humorous and put people at ease.”

 In its annual report, the New York State Commission on Judicial Conduct briefly described the 20 letters of dismissal and caution issued in 2018.  For example, the Commission cautioned judges for:

  • Failing to deposit court funds in a timely manner;
  • Serving as a board member for a group that regularly appeared in his court;
  • Engaging in isolated and relatively minor instances of unauthorized out-of-court communications with a party in a pending case;
  • Campaigning for a judicial and a non-judicial position simultaneously; and
  • Failing to record all court proceedings as required.

 The Texas State Commission on Judicial Conduct summarized private reprimands, admonishments, and warnings issued its annual report for fiscal year 2018.  For example, the Commission privately admonished:

  • A judge who discussed with his granddaughter’s previous employer her wish to be rehired and gave the employer a business card identifying him as a judge; and
  • A judge who, during a criminal trial, repeatedly interrupted a defense attorney during her examination of witnesses and tried to direct the form and substance of her questioning, and, after the defense attorney briefly stepped out of the courtroom, remarked in front of the jury that he would have preferred her to remain out of the courtroom.

The Colorado Commission on Judicial Discipline annual report for 2018 summarized the private sanctions and dismissals with concern issued by the Commission.  For example, the Commission privately censured a relatively new judge for docket and calendar mismanagement that resulted in burdensome caseloads on magistrates and other judges, for excessive absenteeism for extra-judicial activities, and for inappropriate demeanor with staff and judicial colleagues.  According to the report, “the disciplinary process proved to be a constructive measure that resulted in the improvement of the judge’s docket management and demeanor.”

In its annual report 2018, the Massachusetts Commission on Judicial Conduct described 2 complaints that were dismissed with expressions of concern following an investigation.  In 1 complaint, a self-represented party had alleged that a judge treated him discourteously and failed to grant him a full opportunity to be heard.  The investigation, which included reviewing the audio record of the hearing, reviewing the docket sheet, and interviewing the judge, “revealed that the judge did adopt a somewhat discourteous tone during the hearing” but did not reveal that the judge failed to grant the party a full opportunity to be heard.  Although it dismissed the complaint, the Commission expressed “its concern to the judge that, in the future, he remain patient and courteous toward all parties appearing before him.”  An investigation of an anonymous complaint revealed that a judge made comments directed at the parties that could have been reasonably perceived as discourteous and/or condescending; the Commission dismissed the complaint while expressing its concern to the judge regarding those comments.

According to its 2018 annual report, the Michigan Judicial Tenure Commission privately admonished, for example:

  • A judge who used her position to promote a novel she had written;
  • A judge who reacted very aggressively and engaged in a shouting match with a disrespectful defendant, using profanity and otherwise being intemperate;
  • A judge who twice called the officer in charge of a homicide case to advocate for the return of the defendants’ property;
  • A judge who called the sheriff’s department and ordered that his daughter be released from custody after she had been arrested after midnight for driving under the influence; and
  • A judge who in interviews sharply and disrespectfully criticized another judge’s sentence in a high-profile criminal case, after the sentencing but before the time to file a notice of appeal had expired.

There are tables that identify the private dispositions and public sanctions available in judicial discipline proceedings in each state on the Center for Judicial Ethics web-site.

The difference between reprimand, censure, and suspension

Adopting the findings and recommendation of the Advisory Committee on Judicial Conduct, which the judge accepted, the New Jersey Supreme Court censured a judge for identifying himself as a judge to court personnel when disputing his own child support payments and discussing the emancipation of his child.  In the Matter of Palmer, Order (New Jersey Supreme Court November 8, 2018).  The Court does not describe the judge’s conduct; this summary is based on the Committee’s presentment.

In March 2011, the judge obtained a judgement of divorce in Somerset County and made arrangements with the county probation department about his child support payments.

On March 21, 2017, the judge appeared at the Somerset County Courthouse and spoke in succession to a judiciary clerk, a caseworker, a senior probation officer (after the caseworker asked for assistance), and the senior probation officer’s supervisor (after the senior probation officer asked for assistance).  While inquiring about the process necessary to emancipate his child and seeking information about his child support payments, he identified himself several times as a judge who sits in Ocean County, for example, showing his judiciary-issued lanyard, which was hanging around his neck and which identifies him as a judge, when asked for identification.

The judge informed the caseworker during their 20-minute discussion that he wished to dispute the cost of living adjustment that had been applied to his child support obligation, claiming it was improper because he “had not received a raise.”  The caseworker described the procedure for challenging the COLA adjustment several times even though the judge was familiar with it, having contested 2 prior COLA’s.  When talking to the caseworker’s supervisor, the judge again referred to his lack of a pay raise, remarking “you the tax payers decided that a long time ago.”

The judge’s conduct was “sufficiently disruptive and disconcerting” that a supervisor in the probation department told the Somerset County assignment judge and that judge, in turn, reported the incident to the Ocean County assignment judge.

The Committee found that the judge’s conduct created the potential that his judicial office would affect the probation department’s handling of his case and, therefore, constituted misconduct even if, as he claimed, he had not intended to influence them and there was no indication that they were actually influenced.  The Committee explained:

As the record reflects, the judiciary personnel with whom Respondent interacted that day, unaware of his subjective motives, perceived Respondent’s multiple references to his judicial office as his attempt to trade on that office for his personal benefit.  [The senior probation officer], when interviewed by Committee staff, testified that Respondent’s repeated references to his judicial office left her with the impression that “he was trying to see if [they] would change anything.” . . .

Similarly, [the caseworker], when interviewed, testified that Respondent’s repeated references to the fact that he was a judge left her with the impression that he expected her to “fix” his issues immediately. . . .  She, in fact, felt pressured when dealing with Respondent precisely because of his repeated references to his judicial office. . . .

The Committee noted that, if the judge had intentionally abused the judicial office, substantially more severe public discipline would have been warranted.

On the other hand, the Committee concluded “enhanced discipline” (that is, something more than a private sanction or public reprimand) was justified because this was the 3rd time in 3 years that the judge had been the subject of discipline.  In October 2015, the Committee had privately reprimanded him for displaying arrogance and aggression towards 2 litigants in 2 matters; in January 2017, the Committee had privately censured him for similar discourtesies towards 2 other litigants.  It was a “mere” 2 months after the second private sanction that the judge went to the Somerset County courthouse.  The Committee concluded that the judge’s “continued inability to conform his conduct to the Code of Judicial Conduct over these past several years, despite his recent receipt of prior discipline and his more than nine-year tenure on the bench, necessarily aggravates his abuse of the judicial office . . . .”