25 years ago this month:
- The California Commission on Judicial Performance publicly admonished a judge who had motions in 1 criminal case under submission for 7 months and demurrers in 2 misdemeanor criminal cases under submission for 13 months and who, while he had those cases under submission, executed salary declarations under penalty of perjury stating that he had no cases submitted for longer than 90 days. Public Admonishment of Oliver (California Commission on Judicial Performance June 16, 1998).
- The New York State Commission on Judicial Conduct publicly censured a judge for giving a speech to a group of police officials that cast doubt on his ability to be impartial in one of the first prosecutions under the state’s new capital punishment statute, which was pending before him. In the Matter of Bruhn, Determination (New York State Commission on Judicial Conduct June 24, 1998).
- The New York State Commission on Judicial Conduct publicly admonished a non-lawyer judge for implying that he was a lawyer in a letter sent to voters during his campaign. In the Matter of Fiore, Determination (New York State Commission on Judicial Conduct June 25, 1998).
- The New York State Commission on Judicial Conduct publicly admonished a judge for reducing the charges in 2 traffic cases based on conversations with the defendants and without notice to or the consent of the prosecution. In the Matter of Hooper, Determination (New York State Commission on Judicial Conduct June 29, 1998).
- Based on an agreed statement of facts and joint recommendation, the New York State Commission on Judicial Conduct publicly censured a judge for (1) speaking to 2 defendants whom she knew to be represented by counsel to urge them to enter guilty pleas; (2) making inappropriate quips and engaging in other misplaced humor to attorneys in chambers that appeared to minimize charges brought by the district attorney’s office; (3) prohibiting an assistant district attorney from making a complete record of an oral recusal application based on the judge’s ex parte conversation with defense counsel, and, after giving the prosecutor until 4 P.M. to file a written motion, starting the non-jury trial at 2:40 P.M.; (4) suggesting that the conduct of one member of an ethnic group reflected on all members of that group; (5) having a brief ex parte conversation with a defendant’s counsel under the mistaken belief that counsel had already discussed the subject with the prosecutor; (6) in a case in which the defendant was accused of forcible sodomy and wished to plead guilty while maintaining his innocence, advising defense counsel not to enter a plea of guilty unless the prosecutor could prove the charges, opining that it was unlikely that the alleged victim would appear at trial, and stating that she would not accept a guilty plea unless the victim appeared in court, even though the victim had moved to North Carolina and had recently given birth; and (7) prohibiting a prosecutor from reading a pre-sentence report because she was angry with him for asking to read the report when the parties had agreed on the sentence. In the Matter of Smith, New Determination (York State Commission on Judicial Conduct June 29, 1998).
- Pursuant to a stipulation and agreement, the Washington State Commission on Judicial Conduct publicly censured a former judge for consuming beer on court premises with jurors and attorneys following a driving while under the influence case. In re Baldwin, Stipulation, Order of Censure, and Resignation (Washington State Commission on Judicial Conduct June 5, 1998).
- Pursuant to a stipulation and consent, the Washington State Commission on Judicial Conduct publicly admonished a judge pro tempore who had served as a judge pro tempore while he was suspended from the practice of law for failing to pay dues. In re Seidlitz, Stipulation, agreement, and order of admonishment (Washington State Commission on Judicial Conduct June 5, 1998).
- Accepting a settlement agreement, the West Virginia Supreme Court of Appeals publicly censured a former judge who had “initiated a physical confrontation” with a criminal defendant in his courtroom. In the Matter of Troisi, 504 S.E.2d 625 (West Virginia 1998).
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