Showing posts with label Judicial Misconduct. Show all posts
Showing posts with label Judicial Misconduct. Show all posts

Wednesday, January 7, 2026

Judge off bench after commission found he sided with defendants, ridiculed victims

Yates County town judge improperly tried to make prosecutor a witness in case, a state Commission on Judicial Conduct investigation finds 

By Patrick Tine


A foul-mouthed judge in the Yates County town of Jerusalem has resigned from his position after a state Commission on Judicial Conduct investigation determined he engaged in a pattern of “biased and discourteous behavior " and demonstrated a “significant misunderstanding of legal procedures” in multiple cases.

One of those was a case in which a man was found guilty of crashing into a horse-drawn buggy and injuring a Mennonite family. 

The judge, Todd C. Whitford, who is not an attorney, had served as the elected town justice since 2018. He resigned on Dec. 4 and agreed never to seek judicial office again, according to the commission’s decision.

The commission served him in September with a formal written complaint alleging misconduct in four cases.

During a preliminary hearing in a 2022 domestic violence case in which prosecutors said the male defendant violated an order of protection against the alleged female victim, Whitford said the woman had “the brain of a small child” and that her testimony in the case was “garbage,” according to a court transcript provided by the commission.

Whitford intimated that the woman invited the defendant’s alleged conduct, and the judge expressed sympathy for him. 

“I don’t even know why you’d want to even look at her. Don’t even — if she texts you, don’t text her back. . . you’re going to screw your entire life up…. Guys, they have it out for them,” Whitford said in the transcript. “This is like 15-year-old bull---- …. They’re going to freaking ruin your life. Don’t make contact with her. . . . Don’t. Go get a freaking lizard or a hamster or something. Spend your time with that. Don’t — man. Women, don’t do it.”

In a 2021 sentencing hearing, Whitford again expressed sympathy to the defendant who had admitted guilt in the car crash that injured seven people and killed their horse, according to the commission. “I hope you’re not mad at me,” the judge said.

Whitford also gave the man a pep talk, which touched on the significant local attention the case had received. “I just want you to walk tall,” Whitford said, according to the transcript provided by the commission. “Who gives a s--- about Facebook and what they post?”

The prosecutor noted every person riding in the buggy had been injured, and some victims were taken by helicopter to Strong Memorial Hospital in Rochester for treatment. The judge interrupted the assistant district attorney when he referred to the collision as a “crash.”

During a July 2025 suppression hearing in an assault and child endangerment case, Whitford improperly tried to compel the same Yates County assistant district attorney to verify initials on a document, an act that would make the prosecutor a witness in the case, the commission said. 

In a 2021 case, the judge apologized to a defendant who had been convicted of his second drunken driving offense in less than five years. The punishment for the offense, even if the prosecution offers a plea deal, requires a defendant to serve jail time. The prosecution’s offer was five days in jail and 30 days of community service.

“Unbelievable,” Whitford said. “A person who’s never been in jail is going to go to jail? I’m sorry that you’re going to jail. I think it’s disgusting. I think it’s wrong.

In his resignation letter, Whitford said money concerns prevented him from continuing a legal fight with the commission. He had been representing himself in proceedings with the body since September.

“I simply do not have the financial means required to secure the level of legal representation necessary to continue,” he wrote. “As a part-time justice earning a modest stipend, the cost associated with navigating the Commission’s formal procedures is far beyond my resources. I want to be clear that I take seriously the concerns that have been brought forward. I am committed to learning from this experience. I regret that I will not have the opportunity to continue serving this town, and that I cannot fully take part in the process due to financial limitations, despite my desire to participate and provide the context necessary for a fair and complete evaluation.” 

Full Article & Source:
Judge off bench after commission found he sided with defendants, ridiculed victims

Thursday, November 7, 2024

Judge Admits to Judicial Misconduct as Charged, but Denies Willful Misconduct

Respondent counsel for Chatham County Probate Judge Thomas C. Bordeaux Jr. disagreed the jurist's conduct "amount[ed] to willful misconduct in office; a willful and persistent failure to perform the duties of office; and conduct prejudicial to the administration of justice which brings the judicial office into disrepute."

by Cedra Mayfield

What You Need to Know

  • Chatham County Probate Judge Thomas C. Bordeaux Jr. answers judicial misconduct charges.
  • Judicial Qualifications Commission of Georgia announced 10 counts of formal judicial misconduct charges against Bordeaux in October.
  • Bordeaux has retained Cartersville attorney S. Lester Tate III and Atlanta attorney W. Matthew Wilson as respondent counsel.

A Georgia judge accused of failing to timely issue final orders in at least nine probate cases has responded to judicial misconduct charges launched against him by the Judicial Qualifications Commission of Georgia.

Unlike many other judges who've come under fire, Chatham County Probate Judge Thomas C. Bordeaux Jr. has admitted to the bulk of the allegations charged against him.

However, respondent counsel for the jurist challenge the judicial watchdog's conclusion that Bordeaux's conduct amounts to willful misconduct that's prejudicial to the administration of justice.

Code of Judicial Conduct Violations

According to formal charges announced by JQC Director Courtney Veal and Deputy Director Ashton Murphy on Oct. 3, Bordeaux failed "to fairly, promptly, and efficiently dispose of" at least nine probate cases before him since 2017.

The 10-count charging document alleged Bordeaux violated at least two Code of Judicial Conduct rules, one of them repeatedly. (click to continue reading)

Full Article & Source:
Judge Admits to Judicial Misconduct as Charged, but Denies Willful Misconduct

See Also:
Chatham County Probate Judge under State investigation

Saturday, October 22, 2022

Ohio judge removed over 'unprecedented misconduct' including courtroom jokes about bribes, strip clubs

By Danielle Wallace

The Ohio Supreme Court suspended indefinitely and removed from office a Cleveland judge for alleged "unprecedented misconduct" over a two-year period that included "blatant and systematic disregard of due process, the law, court orders, and local rules."

Cleveland Municipal Court Judge Pinkey Carr, elected to the bench in 2011, "also was repeatedly dishonest, treated court staff and litigants disrespectfully, abused her power to issue arrest warrants and find individuals in contempt of court," according to statement from the Ohio court system.  

In March 2021, Carr was charged with five counts of judicial misconduct. Carr violated rules governing the appropriate dress, order, and decorum for courtrooms. 

"Her bench was littered with dolls, cups, novelty items, and junk," according to the Ohio Supreme Court. "She presided over her courtroom wearing tank tops, T-shirts – some with images or slogans, spandex shorts, and sneakers. She discussed with her staff and defendants a television show called "P-Valley" about a fictional Mississippi strip club." 

Judge Pinkey S. Carr was elected to the Cleveland Municipal Court bench on November 8, 2011. She officially joined the court when her term began on January 3, 2012. (Cleveland Municipal Court)

"She also joked about accepting kickbacks in lieu of fines and having defendants give her and court staff items such as food, beverages, carpeting, or storage space in exchange for lenient sentences," the court added. "The Supreme Court’s opinion concluded that these actions undermined public confidence in the independence, integrity, and impartiality of the judiciary."

Of the alleged misconduct, Carr was also accused of ignoring a court order to reschedule cases during to onset of the COVID-19 pandemic in March 2020.  Carr continued to preside over her regular docket the next week. 

For criminal defendants who did not appear, she ordered them to be arrested and set bonds ranging from $2,500 to $10,000. For defendants who were "brave enough," according to Carr, to appear in court despite the potential for exposure to the virus, she waived fines and court costs.

This file photo shows a judge's gavel. 
This file photo shows a judge's gavel.  (Ulrich Baumgarten via Getty Images)

During the disciplinary process, Carr agreed to 583 statements of fact and misconduct stretching across 126 pages. 

Among her ethics violations, the judge acknowledged that she often held hearings without a prosecutor present to avoid complying with the safeguards in state law – such as the requirements that a judge informs the accused of the nature of the charge, the identity of the complainant, the right to counsel, and the effect of different pleas.

The judge also falsified court journal entries by claiming that the prosecutor had amended charges or that she had held hearings to determine a defendant’s ability to pay fines or court costs. 

She also used warrants and incarceration to force the payment of fines, creating a "modern-day debtors’ prison," resulting in at least five people spending time in jail. 

Full Article & Source:
Ohio judge removed over 'unprecedented misconduct' including courtroom jokes about bribes, strip clubs

Monday, February 22, 2021

Allegations of sexual harassment, sexism within Colorado judicial system outlined in memo

By: Meghan Lopez

DENVER — The highest branch of Colorado’s Judicial Department is facing allegations of sexual harassment, sexism and payoffs to silence witnesses.

A series of investigative reports by The Denver Post revealed these allegations after being tipped off about a questionable contract two years ago.

The $2.5 million, five-year contract for judicial training was awarded to Mindy Masias, a former judicial department chief of staff, in a no-bid process.

“The rub to that was that she was facing discipline, they were looking to fire her,” said David Migoya, the investigative reporter who broke the story. “What nobody knew — what was behind it — was the why. Why was somebody facing firing all the sudden given a very lucrative contract?”

After his initial reporting, Migoya was able to interview former State Court Administrator Christopher Ryan, who claimed the contract was the result of a meeting between Masias and judicial department officials where she threatened a sexual discrimination lawsuit if she was fired.

Before accepting the contract, Masias had to sign a separation agreement with the department.

“Part of Ms. Masias’s separation agreement was to turn over a secret tape recording that she had made with, at the time all we knew was a justice of the Supreme Court. It turned out to be the chief justice,” Migoya said.

That recording apparently showed former Chief Justice Nancy Rice and Masias discussing sexism in the workplace.

Migoya said the Supreme Court has denied the contract was made in order to keep the allegations silent.

According to the memo, the allegations against judges included an instance where a judge sent a pornographic video out using a judicial email and another instance where a judge exposed and rubbed his hairy chest on a female employee’s back without any action being taken against him.

The memo also details allegations of sexual relationships between staffers and that some were sending inappropriate photos and having sexual relations with vendors on state time and on state property.

Beyond that, the memo alleges that female employees are terminated at a much higher rate than men and have a more difficult time getting promoted.

After the release of the memo, the auditor general of the state of Colorado will be conducting a fraud level investigation. Gov. Jared Polis has released statements in support of that investigation.

"This memo describes unacceptable behavior within our judicial system, both among members of the bench as well as Judicial employees. This type of conduct has no place in Colorado. Every person should feel safe in the workplace and every Coloradan should be able to feel confident in the integrity of our judicial system and the high standards to which we hold our judges and our judicial system. We understand that the judicial department led by the new Chief Justice, Brian Boatright, has initiated an outside investigation to take a fresh look at what has happened in the past, and we support this decision,” Gov. Polis said in a statement.

Colorado Attorney General Phil Weiser also expressed concerns about the allegations brought up in the memo and said he welcomes the investigation.

“Coloradans expect transparency and accountability from public officials entrusted to lead state government. Releasing the memorandum at the center of this matter regarding the State Judicial Department, as well as opening independent investigations into the allegations contained in the memo, are necessary steps to address these serious concerns and instill confidence in the judiciary,” Attorney General Phil Weiser said in a statement.

Meanwhile, some state lawmakers are calling for a hearing into the allegations.

“This is not a normal way of practicing, but I would say these concerns are unprecedented, and the level of corruption, the level of cover-up, the level of lack of transparency and lack of integrity really will force us, if need be, to exercise all options to make sure we have accountability,” Sen. Leroy Garcia said.

He wants to shed light on the evaluation process for these justices and find out what policies and practices need to be put in place to ensure something like this doesn’t happen again.

Right now, Garcia said he is not confident in the process or the overall transparency of the judicial system.

“It’s becoming more and more apparent that this isn’t something that just happened over a one day time span. Many should’ve been sounding the alarms,” Garcia said.

The questions over transparency and accountability in the judicial department are something attorney Chris Forsyth has been raising for years.

“We’ve proposed simple proposals that would completely have prevented the situation and should be the status quo going forward, which is public judicial discipline proceedings and an elected state court administrator. We’ve advocated for both of these, and it’s all fallen on deaf ears,” Forsyth said.

He believes the latest allegations prove the justices believes themselves to be above the law in Colorado, and he believes there are many more secrets the public is simply unaware of.

“Thirty-four states have public judicial discipline. Most states have them, Colorado doesn’t. People don’t understand that Colorado judicial system is extreme. It’s radical in its darkness that it provides to judges,” Forsyth said.

He would like to see more separation between the finances of the judicial department and the judging of the department.

“No judge should have access to taxpayer funds to award contract in exchange for the sort of keeping judicial misconduct away from public view,” he said.

With more attention on the judicial system in the state thanks to the Denver Post reporting, Forsyth said he’s cautiously optimistic changes could be on the horizon. 
 
Full Article & Source:

Monday, July 13, 2020

Special Report: With 'judges judging judges,' rogues on the bench have little to fear

Lawyer Marty Meason poses for a portrait at the Osage County District Court in Pawhuska, Oklahoma, U.S. November 19, 2019. REUTERS/Nick Oxfo
By Michael Berens and John Shiffman

BARTLESVILLE, Oklahoma (Reuters) - District Court Judge Curtis DeLapp was renowned for his hair-trigger temper. Mispronounce his name, come to court a few seconds late, fail to rise as quickly as he’d like – no slight was too small to set him off.

For almost a dozen years, DeLapp used his power to terrify people who appeared before him, pressing contempt charges against defense attorneys, prosecutors and even a prospective juror who brought children to court when she couldn’t find daycare, court records show.

Another juror was fined $340.70 after she objected to how DeLapp was treating people who appeared before him. “I never want to be a juror or ever go back to court again,” said Carolyn Duffey Love, now 68. “He treated me like a dog.”

In 2015, DeLapp grew incensed when he learned someone had dropped sunflower seeds in his courtroom, according to witnesses. After scouring footage from a courtroom security camera, the judge summoned a spectator to his chambers, charged her with contempt and ordered her jailed for four days.

Local attorneys had grown convinced that DeLapp was violating the state’s judicial conduct code by abusing his authority. But they felt it would be futile to file a complaint with the Oklahoma agency that investigates judicial misconduct, because the state hadn’t filed charges against a judge for misconduct since 2004. The lawyers also say they worried that crossing DeLapp risked retaliation against both them and their clients.

Not until 2018 – after DeLapp sentenced courtroom spectator Randa Ludlow to nearly six months in jail for talking to her boyfriend during court – did local lawyers find the courage to act.

They enlisted a lawyer from 50 miles away who seldom practiced in DeLapp’s courtroom. And they worked collectively to build a voluminous complaint alleging that DeLapp had unlawfully jailed not just Ludlow but also many dozens of people in the prior two years alone. The complaint also contained an explosive charge: that the judge may have fabricated a court document to justify jailing Ludlow.

Had DeLapp fought the charges, he risked more than disgrace. If it could be proved that he submitted a forged document to the supreme court, he might land in prison.

Instead, DeLapp, 53, struck a deal. He resigned and agreed never again to seek office as a judge. The case against him was dismissed. His state pension and law license remained intact. And DeLapp received a written assurance that neither his departure nor the settlement constituted an admission to the “validity of any of the allegations.”

In leaving the bench, DeLapp became one of at least 341 judges across the United States to escape punishment or further investigation in the past dozen years by resigning or retiring amid misconduct allegations, Reuters found.

DeLapp, who is still practicing law in Bartlesville, declined to comment. In court documents, his attorney said the former judge denies any wrongdoing.

The DeLapp case shines a light on one of the most opaque and dormant judicial disciplinary systems in America. In Oklahoma, repercussions for wrongdoing have been so unlikely that judges could behave with impunity.

Although each U.S. state has a judicial oversight agency to screen and investigate misconduct complaints, their powers are often limited. In most states, the ultimate disciplinary authority over a judge rests with other judges.

In Oklahoma, the chief justice wields enormous discretion over judicial misconduct cases. After the state’s Council on Judicial Complaints completes a confidential investigation of a complaint about a judge, the chief justice has the power to handle discipline privately – except in rare cases serious enough to justify removing the accused judge from the bench.

During their tenures, two former state supreme court chief justices told Reuters, about one or two wayward judges a year were quietly summoned to the supreme court. There, they received a tongue-lashing behind the closed doors of the chief justice’s chambers. No official record was kept of those meetings, the justices said.

As former Chief Justice Joseph Watt put it: “I’d much rather woodshed my brethren in private and not in public.” He added: “How does that judge feel, knowing he’s being taken to the woodshed in front of God and everybody?”

Confidential justice for judges is common in America. At least 38 states – Oklahoma among them – issue private sanctions when judges misbehave. The name of the judge remains secret, and most of these states keep from the public details of the transgression and the discipline. At a minimum, most states release summary statistics of how many judges are privately disciplined each year. Oklahoma doesn’t make that information public.

This practice – law professor Stephen Gillers calls it “judges judging judges” – undermines the system’s ability to prevent misconduct on the bench.

Gillers said the killing of George Floyd, the Black man who died in May under the knee of a Minneapolis police officer, has fueled concerns about how judicial misconduct is handled, too. “The public has been alerted as it never has been before to the way police misconduct is concealed,” said Gillers. “The same is true for judges.”

When judges are the ones evaluating misconduct by other judges, they “tend to be more sympathetic, more understanding, more forgiving” to their own, said Gillers, a scholar on judicial ethics who teaches at New York University.

Privacy also robs the system of a deterrent effect: Concealing the punishment fails to discourage bad conduct by other judges, who may never learn of the consequences, Gillers and other ethicists say.

That’s precisely the dynamic that played out in Oklahoma, local lawyers say. Until Chief Justice Douglas Combs petitioned for DeLapp's removal, Oklahoma hadn’t publicly filed misconduct charges against a judge in 14 years – the longest stretch of inaction of any state in recent decades.

In its investigation into judicial misconduct across America, Reuters sought to quantify the personal toll inflicted by judges who break the law or violate their sworn oaths. Over a dozen years, Reuters found at least 5,206 people who were directly affected by a judge’s misconduct. The victims ranged from individuals who were subjected to racist, sexist and other abusive comments from judges to those illegally jailed.

“This is a broken system that absolutely empowered judges like DeLapp to operate with impunity,” said Josh Lee, the out-of-town attorney who led the effort to rein in DeLapp. “For more than a decade, not a single judge was publicly disciplined. What kind of message does that send?” Lee said that DeLapp “had no reason to fear that anyone would stop him.”

MASKING MISCONDUCT

The state of Washington is among a dozen states that handle judicial discipline more openly.

In 1989, Washington voters abolished the practice of private sanctions. Since then, every case brought against a judge by the Washington judicial conduct commission is made public. Reiko Callner, the commission's executive director, said judges should be treated the same as anyone who appears before them.

“The norm is that anything that happens in a court has the name of the participants on it – the names of a criminal defendant, the crime victim, people involved in a lawsuit,” Callner said. “Why should a judge who has been found to have violated the code that governs their conduct be allowed to keep that fact from the public?”

Many state commissions say there are sound reasons to discipline judges privately. “It’s quick, it’s inexpensive and you don’t have to hold a public hearing,” said Cynthia Gray, director of the Center for Judicial Ethics at the National Center for State Courts, an independent nonprofit research and training organization.

Often, Gray said, states see benefits to keeping matters confidential. “If it’s one-time, minor misconduct by a judge, and the judge shows remorse, you can issue a private sanction or letter and then move on,” she said. That means commissions can focus “on the judges who are out there committing patterns of misconduct and are fighting every step of the way.”

Still, a Reuters investigation found that private discipline has been used to mask significant violations of the law. For example, in 2018, state records show, a Texas judge failed to “maintain professional competence” and illegally jailed indigent defendants. And in 2017, a California judge engaged in sexual harassment and showed a “lack of candor” when accused of misconduct, records show. Neither their names nor their punishments have been made public.

In Colorado, the judicial commission has publicly disciplined four judges since 2008 but has privately sanctioned 52. Among those whose names and other identifying information remain hidden from the public: judges disciplined for sexual harassment, for drunken driving, for delayed rulings, and for demonstrating a “pattern of errors in handling trials or issuing rulings that indicate a lack of competence.”

Granting anonymity to rogue judges is routine.

A Reuters examination of judicial misconduct nationally identified 3,613 cases from 2008 through 2018 in which states disciplined judges in private, withholding from the public details of their offenses – including the identities of the judges themselves.

Over the same period, 26 state oversight councils resolved more judicial misconduct cases privately than publicly, the news agency found. In Massachusetts, for instance, reviews of judicial conduct commission annual reports show that about 9 in 10 judges disciplined were privately sanctioned.
Some judicial oversight agencies take their independence and secrecy to extremes.

California’s oversight agency went to court to try to prevent an audit of its records, a review that ultimately discovered sloppy investigations of judges. In Illinois, the agency misplaced or lost hundreds of complaints, which have not been recovered or investigated.

Kathy Twine, who directs the Illinois Judicial Inquiry Board, declined to comment on the lost files. Twine also would not provide routine complaint and investigation statistics to Reuters – statistics disclosed to the news agency by almost every other state.“We’re like an island,” the official said. “We don’t have to disclose anything.”

A comparison between Oklahoma and a state of similar size highlights the discrepancies in how judges are treated.

From mid-2004 to mid-2018, Oklahoma did not file misconduct charges against any of its 600 judges, Reuters found. By contrast, the state of Mississippi – with virtually the same code of judicial conduct and almost the same number of judges – publicly sanctioned 75 judges in the same period.

“I’m sure every state would like to think it has a judiciary that is above reproach, but every profession’s going to have a few bad apples,” said Darlene Ballard, who retired last week as director of the Mississippi commission. “It sounds like other states like to keep their problems in-house so that it appears to the public that they don't have any bad judges.”

Steve Scheckman, who investigated misconduct cases in Louisiana and New York, said states that report so few cases are failing in their primary mission: to defend, before the public, the integrity of the justice system.

“To think that there’s no misconduct in your state, you’re either really naive, in denial or protecting people,” he said.

Former Oklahoma Justice Steven Taylor disputes such characterizations. Taylor, who served on the state’s top court from 2004 through 2016, said he was proud that the state had so few cases of public discipline. To him, the small number of cases doesn’t demonstrate weak oversight. It shows “a judiciary in Oklahoma that is ethical, doing their work and highly disciplined.”

“If we had 6o or 70 cases, I would be ashamed or embarrassed,” Taylor said.

As chief justice in 2011 and 2012, Taylor recalled, he visited the Washington County courthouse in Bartlesville, where he met Judge DeLapp and others. Taylor said no one mentioned any concerns about how DeLapp ran his courtroom.

But Reuters identified scores of contempt charges issued by DeLapp in traffic and other cases before, during and after Taylor’s time leading the bench. Some dated back a decade. In 2008, for instance, DeLapp charged a defendant with contempt for “being vocal” after the man protested because he had “no money to pay towards his fines & court costs,” according to a court record.

Taylor said he was “extremely disappointed” when he heard in 2018 that DeLapp had acted so inappropriately for so many years. He also was surprised that lawyers had remained silent for so long.

“Why didn't someone report this?” the former justice asked.

The local lawyers who kept quiet for years offer a simple answer, rooted in the state’s desire to keep judicial misconduct secret: An unchecked judge has the ability to cow his community.

In Bartlesville, the Washington County seat, four judges hear criminal and civil cases, with traffic infractions representing the bulk. The city of 36,000 is an hour north of Tulsa. The courthouse is convenient for visitors, who park for free just steps from the entrance. It also is an easy place for a judge to escape scrutiny.

That’s because in Washington County and thousands of other courtrooms nationally, there is no requirement to record or transcribe most proceedings. Employing a stenographer or recording the proceedings is considered too expensive and largely unnecessary for the assembly-line pace of misdemeanor cases that make up most of the court’s business.

This lack of an official and detailed record posed an obstacle to the local attorneys alarmed by DeLapp’s behavior. Absent transcripts or recordings to corroborate their concerns, six lawyers told Reuters, they worried that a complaint alleging misconduct would come down to their word against the judge’s.

The local lawyers say they felt vulnerable to reprisal. DeLapp wielded authority to appoint attorneys to cases involving indigent defendants. They say the per diem pay for this work made the difference for some lawyers between insolvency and eking out a living.

That explanation bothers Taylor, the former state high court justice. “It's sad that the lawyers were intimidated,” Taylor said. “Part of the hallmark of being a lawyer is speaking truth to power. They should have spoken up.”

But many of those lawyers say they weren’t simply concerned about themselves. They worried that, if DeLapp got wind of a complaint, he might take it out on defendants as well. “It’s not just your livelihood at stake. It’s also clients,” said defense attorney Marty Meason, who practiced before DeLapp and once ran unsuccessfully against him for district judge. “Nobody wanted to take on the system.”

That changed in early 2018, when DeLapp ordered Randa Ludlow jailed for five months and 27 days in jail. Her alleged offense: talking during court with her boyfriend, a traffic defendant. Ludlow declined to comment.

The sentence seemed outlandish to Meason and other lawyers who had questioned DeLapp’s behavior for years. They suspected DeLapp broke the law by failing to afford Ludlow a hearing to challenge the contempt order, violating a basic constitutional right. They also believed he’d failed to properly document his reasons for jailing her. Whether DeLapp followed proper procedure in punishing Ludlow would become a key component in the misconduct complaint against him.

A few days after Ludlow was jailed, the lawyers decided to reach out to Lee, an attorney whose office was about an hour's drive from Bartlesville – and thus had less to fear because he didn’t regularly appear before DeLapp.

Lee remembers the call his firm received from a Washington County lawyer. The message was clear: You have to help us stop this judge.

“Everyone feared retaliation,” Lee said. “I worked far enough away that I might be safe. Plus, I was the only one crazy enough to do it.”

A DISPUTED DOCUMENT

About seven weeks after DeLapp had jailed Ludlow for contempt, Lee sought her release by filing a writ of habeas corpus with the state supreme court challenging her detention. The high court quickly heard the case in Oklahoma City.

At the hearing, DeLapp told the court that he had been unable to locate the specific document legally necessary to jail Ludlow. In the document, called a Contempt Court Minute, judges must lay out the rationale for the order. The document must also be time stamped and signed.

Shortly after the supreme court hearing, DeLapp notified the high court that he had located the missing record. Nonetheless, the high court voided DeLapp’s contempt order, and Ludlow was immediately released.

The case as it related to Ludlow was over. But now, Lee had grown suspicious of DeLapp, in particular the judge’s claim that he had so quickly located the missing Contempt Court Minute he used to justify jailing Ludlow. When DeLapp produced the missing Contempt Court Minute, the document seemed odd, Lee recalled.

It included a stamp that made no sense. It was dated two days before DeLapp claimed to have created the document. In other words, it appeared to be backdated, and poorly at that.

Lee wondered: Had DeLapp fabricated the document because one had never been filed in the first place? In late March, Lee received a call from Meason, the Bartlesville attorney who was quietly helping him build a misconduct case against DeLapp and harbored similar suspicions.

“I found the evidence,” Meason recalled telling Lee. “We’ve got him.”

DeLapp, Meason explained, had often used security cameras to monitor the conduct of people in the courthouse. He had used footage from one camera to identify the sloppy sunflower-seed eater.

There was also a security camera in the clerk’s office. Playing a hunch, Meason went to the sheriff’s office and requested a copy of weeks of video beginning in February 2018. To his surprise, he said, a staffer quickly handed over the footage on a flash drive.

Reuters reviewed the video, which has never been made public. It shows DeLapp leaving the clerk’s office with files. A clerk then leaves her desk. She returns later with what appears to be a single-page document. The clerk examines the page, then stamps it in two places.

Meason and Lee say they were convinced that the document shown on the security tape was the same Contempt Court Minute that DeLapp submitted later that day to the high court. The footage, they believe, showed the clerk backdating the document, apparently to make it look as though it had been filed at the time DeLapp issued his contempt order.

Lee submitted a 44-page complaint against DeLapp with the state judicial council, characterizing the contempt document as “suspect at best.” Meason mailed a copy of the unabridged footage to the oversight council. Lee captured key frames and created a video presentation, which he also submitted. “I wanted to make it simple for them,” Lee said.

The state’s judicial council investigated Lee's complaint about DeLapp. According to council director Taylor Henderson, the matter was then forwarded to Chief Justice Combs with a recommendation that DeLapp be removed from office. The council director declined further comment but records show that a short while later, Combs moved to oust DeLapp, publicly filing a 20-page petition with the Court of Judiciary, the nine-member tribunal that has the authority to remove judges.

In the petition, the chief justice accused DeLapp of “gross neglect of duty,” “oppression in office” and “complete disregard” for the law. The justice also criticized DeLapp for abusing his judicial power and declared him unfit for office.

In a section titled “Falsified Court Documents and Misrepresentation,” Combs chastised DeLapp for “gross misrepresentation” of the contempt of court document. If DeLapp created the document and pretended it was “newly discovered,” it may have constituted “a grossly intentional misrepresentation to the Oklahoma Supreme Court” – one that could be construed as a felony.

This was not the first time that DeLapp had failed to properly file a contempt of court document, then produced it after the fact, Combs concluded. In the 2015 case of a woman jailed for eating sunflower seeds in court, DeLapp waited more than two years before he “drafted” a required sentencing order. DeLapp filed the missing document “only after” his misuse of contempt powers came to light in 2018 in the Ludlow case, Combs wrote.

Combs detailed more allegations against DeLapp. One involved a father and son who became lost in the hallway of DeLapp’s courthouse. The boy asked DeLapp for directions to another courtroom, and the judge yelled at him, according to witnesses. DeLapp threatened that if the boy couldn’t find his way, “he could sit his ass in jail,” Combs wrote.

And the chief justice cited evidence that DeLapp had inappropriately contacted the county attorney’s office about a deferred prosecution agreement for DeLapp’s son, who was charged with traffic violations.

Rather than fight the misconduct allegations, DeLapp resigned without admitting to any wrongdoing.

Not every state is forgiving of judges facing misconduct charges who opt to resign. California, Texas and a dozen other states have pursued disciplinary cases and impose sanctions even after judges leave the bench.

West Virginia is among them. On average, West Virginia disciplines about four or five judges each year. Often, one or two of these cases involves a judge who resigned during a misconduct investigation, said Teresa Tarr, counsel for the state’s judicial oversight commission.

“It would be very easy for us to dismiss cases if they resign,” Tarr said. “I think the right thing to do is to hold them accountable, because it gives the public the understanding that the judiciary as a whole is not going to tolerate misbehavior. It also lets the other judges know what’s acceptable conduct and what’s not.”

Not so in Oklahoma, where the focus is on protecting the judge, not informing the public. “We want to try to self-police,” said Watt, the former chief justice. Handling matters informally is “the best way to take care of” wayward judges, “and not drag them through the mud.”

Settlement agreements like the one Oklahoma approved for DeLapp do more than permit accused judges to walk away without admitting guilt. When an accused judge leaves the bench, the commission’s investigation into misdeeds ends – even if other wrongdoing is suspected.

Because state judicial investigations are sealed, the public is left to wonder about a judge's culpability. Potential victims of misconduct may go undiscovered. And commission officials are prohibited from discussing cases under penalty of law. That silence can empower an accused judge to declare his or her innocence without citizens ever knowing the facts of the case.

DeLapp resigned to preserve his livelihood, his wife posted on Facebook. “He could’ve fought it, which he wanted too [sic] but did not want to risk losing his retirement, pension, Bar license, etc.,” she wrote.

In one of his last acts as a judge, DeLapp issued a statement in which he praised his judicial accomplishments and said he was leaving the bench with "a heavy heart but clear conscience."

Full Article & Source:
Special Report: With 'judges judging judges,' rogues on the bench have little to fear

Wednesday, December 18, 2019

Ex-Livingston County judge Brennan pleads guilty to perjury

A former Livingston County judge pleaded guilty Tuesday to lying under oath, six months after she was removed from the bench for multiple ethics violations.

Former 53rd District Court Judge Theresa Brennan pleaded guilty to perjury, a 15-year felony, Michigan Attorney General Dana Nessel announced.

Two other lesser charges against Brennan, misconduct in office and tampering with evidence, were dropped.

"Her guilty plea will require her to notify the Michigan Attorney Grievance Commission of her criminal conviction, which may lead to future licensing sanctions, including the possibility of disbarment, against the embattled former judge," a press release from the Attorney General's Office said.


The Michigan Supreme Court removed Brennan from office in June, after charges of judicial misconduct were filed and heard by the Michigan Judicial Tenure Commission.

"This defendant violated the very tenets we as a society hold dear: truth, honor and justice," Nessel said in Tuesday's release. "She made a mockery of her oath of office and undermined the integrity of the bench.”

Dennis Kolenda, an attorney representing Brennan, did not immediately respond to a phone call seeking comment Tuesday.

Livingston County judges recused themselves from hearing the case, which was assigned to Judge Paul Cusick of Wayne County Circuit Court. Sentencing is scheduled for 2 p.m. Jan. 17.

In April, the Judicial Tenure Commission recommended that the state Supreme Court remove Brennan from the bench after the commission found she failed to disclose relationships with a state police detective and an attorney who had appeared before her; tampered with evidence in her divorce case; lied under oath; "was persistently impatient, undignified, and discourteous," and ordered employees to perform personal tasks during work hours.

The commission also recommended Brennan pay about $35,570 in costs and expenses for making misleading statements to the commission.

In a June ruling, the state's high court adopted the commission's recommendation to remove Brennan from the bench.

"The cumulative effect of respondent’s misconduct convinces this Court that respondent should not remain in judicial office," the ruling said. "Therefore, we remove respondent from office and conditionally suspend her without pay for a period of six years, with the suspension becoming effective only if respondent regains judicial office during that period."

Full Article & Source:
Ex-Livingston County judge Brennan pleads guilty to perjury

Tuesday, October 24, 2017

Attorney for judge facing misconduct fires back at California commission

MARTINEZ — The attorney for a Contra Costa judge who’s facing misconduct charges for the sixth time fired back against the state Commission on Judicial Performance with accusations of his own.

According to attorney Jim Murphy, who is defending Superior Court Judge Bruce C. Mills against two counts of misconduct, the CJP — the California body that investigates and disciplines judges — should have recused itself when it received a complaint against Mills from San Ramon resident Joseph Sweeney, who is an outspoken critic of the commission.

“Sweeney has attacked and challenged the commission on several fronts… I think if any judge was put into CJP’s position, that judge is disqualified,” Murphy said. “That judge can’t investigate this complaint, make a determination, or order formal proceedings, which this commission has done.”
A CJP spokeswoman declined to comment on Murphy’s remarks.

Mills is facing two counts of misconduct. The first alleges that he had an improper courtroom conversation with a prosecutor about the DUI case they were handling, and the second alleges that he attempted to illegally double Sweeney’s sentence for contempt of court in a civil case.

Sweeney, the founder of an advocacy group called Court Reform LLC, became interested in legal reform while representing himself in a messy divorce case and growing disenchanted with the legal system. He issued a report criticizing the CJP for failing to adequately investigate judicial misconduct, prompting the commission to issue a response.

Last year, Mills sentenced Sweeney to 25 days in jail — the maximum for five counts of contempt — after finding Sweeney had violated another judge’s order not to disclose the contents of his wife’s cell phone. Sweeney published a blog that was sourced from public court records filed by his ex-wife, but contained a lot of the same information he’d originally gleaned from her phone.

While Sweeney was serving his sentence, Mills directed his clerk to modify the order, revoking the good behavior credits, and fax a copy of it to the jail. But he failed to notify either party in the case, according to the CJP. The CJP says he violated seven cannons from the Judicial Code of Ethics in his handling of the Sweeney case.

In California, nonviolent offenders who are sentenced to more than four days in jail are granted one day off their sentence for every day they go without discipline, effectively cutting most sentences in half. Murphy said Mills was confused about whether that applied to civil contempt sentences, which Murphy called “quasi-criminal” in nature.

In the August 2016 hearing, Mills said twice on the record that Sweeney was entitled to good time credits.

“Well, keep in mind, he’s also going to get good time credits,” Mills said, according to the transcript. He added, “So out of 25, he’ll serve 12 or 13?”

According to the transcript a bailiff responded, “Yes,” and Mills said, “So the reality is he’ll only serve half of it to begin with.”

After the hearing, though, Mills’ clerk inquired whether good time credits actually applied. The judge researched it and determined that they did not, Murphy said.

After the order was modified, Sweeney’s lawyer got involved. He faxed Mills and the sheriff a copy of the original order — which didn’t have the  added note revoking good time credits — Mills reinstated the good time credits. Murphy said the judge did that to “Avoid the fight and further appeals and riffs in dealing with someone who has proved himself to be litigious,” referencing Sweeney.

“You’re talking about 13 versus 25 days,” Murphy said. “I think it was, ‘Let’s just give him the time served.'”

Mills has been disciplined five times by the CJP, most recently in 2013, when he was admonished for interfering with a case in which his son was a defendant.

Full Article & Source:
Attorney for judge facing misconduct fires back at California commission

Sunday, October 22, 2017

Controversial East Bay judge charged with illegally doubling sentence

Judge Bruce C. Mills was charged with willful misconduct
MARTINEZ — A Contra Costa judge with a history of ethics violations was charged with judicial misconduct that could warrant his removal from the bench, records obtained Tuesday show.

The two counts of misconduct include allegations that Judge Bruce C. Mills illegally doubled the sentence of a judicial rights advocate who Mills had found to be in contempt of court. Mills jailed the man for discussing his divorce online, a decision that First Amendment experts called, “outrageous” and a free speech violation.

The two charges were filed Friday by the Commission on Judicial Performance, the California government body that investigates ethical complaints into judges. Mills is required to provide a written answer to the charges within 20 days.

Per the California Constitution, Mills faces removal or admonishment if the charges are found true. The CJP’s action carries no criminal penalties. Mills could not be reached for comment.

Mills, a judge since 1995, has been disciplined five times since 2001. He was admonished in 2013 after the commision found 10-0 that he had “created an appearance of impropriety that undermined public confidence in the impartiality and integrity of the judiciary” when he interfered with a case in which his son was a defendant. In 2001, he was found to have coerced a guilty plea out of a DUI defendant.

Last year, Mills sentenced San Ramon resident Joseph Sweeney to 25 days in jail for contempt, after finding that Sweeney’s online writings violated another judge’s restraining order not to disclose the contents of his ex-wife’s cellphone or computer. But Sweeney argued that his writings were sourced from publicly-available court documents filed by his ex-wife.

In the hearing, Mills claimed that “matters that are put into court pleadings and brought up in oral argument before the court do not become public thereby,” a statement several First Amendment experts say wildly misstates the nature of court records.

According to the hearing transcript, Mills also made it clear that Sweeney’s 25-day sentence — the maximum for five counts of contempt of court — qualified for 50 percent good time credits, meaning Sweeney would likely only serve half his sentence. Under state law, people convicted of nonviolent crimes are set free after serving half their sentences, assuming they have no disciplinary problems.

But days later, after Sweeney was in the West Contra Costa Jail, Mills allegedly directed a court clerk to modify the sentence and revoke Sweeney’s good time credits. The CJP alleges Mills did so without notifying the parties in the case or giving them time to respond, a violation of ethics guidelines.

When Sweeney found out his good time credits had been revoked, he contacted his attorney, Jim Morrison, from jail. In a 2016 interview, Morrison said he faxed the copy of the original order — which said Sweeney would serve 50 percent time — to the sheriff and to Mills. Sweeney’s good time credits were reinstated later that day, Morrison said.

Ironically, Sweeney is a well-known judicial reform advocate who has publicly criticized the commission’s handling of judicial misconduct cases. He testified in front of the state legislature last year, calling for a state audit of the CJP. Mills jailed Sweeney two days after the legislature approved the audit.

“Finally, (the CJP) feels pressured to be doing something about judicial misconduct, which is a good indication,” Sweeney said in an interview Tuesday when asked for a response to the action against Mills.

After his release from jail, Sweeney filed multiple complaints against Mills and appealed the judge’s decision. Last November he received a response from then-presiding Judge Steve Austin, who said that altering the order was improper, but suggested that Mills simply didn’t know he’d violated a rule.

“I view this as a training issue and not as something more serious as you have described it in your letter,” Austin wrote. “I have taken appropriate corrective action.”

Similarly, the Contra Costa District Attorney’s Office reviewed the matter and determined Mills hadn’t committed a crime, chief deputy Doug MacMaster wrote in a letter to Sweeney last year.

The second misconduct charge alleges Mills had a courtroom conversation with the prosecutor in a DUI case Mills was presiding over, where the two discussed the case. During the conversation, Mills compared the case to one he handled as a prosecutor and suggested that someone may have to look into whether breathalyzer systems were faulty.

“You did not disclose on the record your conversation with (the prosecutor) or recuse yourself from further proceedings in the case until April 1, 2016, after the district attorney’s office disclosed the ex parte conversation to a supervising judge and to defense counsel,” CJP Chairperson Hon. Ignazio Ruvolo wrote in the charging records.

Full Article & Source:
Controversial East Bay judge charged with illegally doubling sentence

Thursday, December 8, 2016

22 witnesses poised to testify in ex-judge's misconduct trial

David Tidd
The Pennsylvania Judicial Conduct Board plans to call Northampton County's president judge and one of its former president judges to testify in an upcoming misconduct trial.

A memo filed Dec. 5 lists President Judge Stephen Baratta and former President Judge F.P. Kimberly McFadden among the 22 witnesses to be called to testify against former District Judge David Tidd.

The Hellertown area district judge stands accused of running a "fast food court" where he brokered settlements at his counter without all parties present. He's accused of using profanity, bullying employees, throwing tantrums and using his judicial robes as a pillow while sleeping in his office.

Tidd attorney Samuel C. Stretton maintains Tidd was set up by his spy employees and was subject to illegal wiretaps in his office.

Deputy Court Administrator Debra French said Tidd specifically asked for audio recording devices when security upgrades were approved for his office. French is among the witnesses on the trial list.

Among the more than 100 exhibits on the judicial conduct board's list are at least four anonymous complaints filed against Tidd. The complaints themselves have not been made public.

Baratta said Monday he's not sure why he would be called as a witness. The document posted Dec. 5 says Baratta will be called to verify allegations of improper demeanor by Tidd and about retaliation Tidd threatened against his employees.

"This is the first I've heard that there's going to be a trial," Baratta said Monday. "If they subpoena me to be a witness, I'll be a witness. No one has contacted me since Judge Tidd's retirement."

French and McFadden didn't immediately respond to messages.

Tidd resigned July 25, less than a year into his second six-year term. The complaint was filed against him Aug. 26.

The witness list includes employees from Tidd's former office, district court in Lehigh Township, the Northampton County 911 center and for police from Lower Saucon Township, Hellertown and the Slate Belt Regional Police Department.

The complete list is on the website of the Pennsylvania Court of Judicial Discipline.

A trial date has yet to be set. 

Full Article & Source:
22 witnesses poised to testify in ex-judge's misconduct trial

Saturday, January 9, 2016

Texas Judge resigns after being caught texting instructions to prosecutors to help win convictions


Texas district Judge Elizabeth E. Coker is stepping down from the bench after being caught engaging in a massive perversion of justice. A whistleblower revealed that Corker was sending text messages to prosecutors with suggestions on questions to ask in court in order to secure a conviction.
from Houston Chronicle:
State District Judge Elizabeth E. Coker–who sits on the bench over Trinity, Polk and San Jacinto counties–has resigned under fire in a texting controversy, according to a voluntary agreement with the State Commission on Judicial Conduct.
It stems from complaints and media stories alleging that Coker “had engaged in improper ex parte text communications with Polk County Assistant District Attorney Kaycee Jones while Judge Coker presided” over a criminal trial in August of 2012.
With those complaints, “the commission commenced an investigation into allegations that Judge Coker used Assistant District Attorney Jones to privately communicate information” about the case “to suggest questions for the prosecutor to ask during the trial” among other issues.
The agreement also said the commission looked into other complaints that Coker allegedy engaged in other improper communications and meetings with Jones, other members of the Polk County prosecutor’s office, the San Jacinto County District Attorney and certain defense attorneys.
The agreement goes on to say “the parties agree that the allegations of judicial misconduct, if found to be true, could result in disciplinary action against Judge Coker.” As a result, the parties sought to resolve the matter “without the time and expense of further disciplinary proceedings.”
Coker did not admit any guilt or fault.
Honestly, I feel that Coker is getting off far too lightly. Her actions may have caused innocent people to end up in prison. She should be face criminal charges for such a grave violation of the law.

Her resignation also opens the door for a flurry of re-trials for anybody convicted in her court sessions.  By trying to illegally secure convictions, Coker opened Pandora’s box, and now the state of Texas will have some massive legal knots to untangle.

Full Article & Source:
Texas Judge resigns after being caught texting instructions to prosecutors to help win convictions

Friday, June 6, 2014

MT Supreme Court Orders Suspension, Public Censure


KULR-8 Television, Billings, MT
BILLINGS - The Montana Supreme Court orders the suspension and public censure for District Judge G. Todd Baugh.

In an opinion filed Wednesday, the court writes Judge Baugh's actions warrant suspension from the bench without pay for 31 days, starting December 1, 2014. Baugh’s current term in office ends on December 31, and he is not seeking re-election.

The matter comes after last August’s sentencing of former Billings teacher Stacey Rambold, for the rape of a 14-year-old student, who later committed suicide. Baugh made comments, saying the victim acted “older than her chronological age,” sparking a public outcry across the nation. The court also orders Baugh to appear on July 1 for the delivery of a public censure.

A formal complaint was filed by the Judicial Standards Commission against Judge Baugh in February. Judge Baugh has waived formal proceedings.


Full Article & Source:
MT Supreme Court Orders Suspension, Public Censure

Wednesday, January 15, 2014

Commission Says Judge Violated Some Rules


LAS VEGAS -- The Judicial Discipline Commission has found that Judge Steve Jones did violate some judicial conduct rules during his relationship with a former prosecutor; however, the commission also found he did not violate some rules.

The commission will go public with its findings in the next few days.

According to Jones' attorney, Jim Jimmerson, the commission ruled that the judge violated the ethics count of an appearance of impropriety with his relationship with former prosecutor Lisa Willardson. He says the commission also found the judge violated conduct rules when he canceled court Dec. 15, 2011.

The commission ruled Judge Jones did not violate the ethics count of barring a number of prosecutors from his court, Jimmerson said.

"Judge Jones is appreciative of the time and effort the Judicial Discipline Commission put into hearing this case. He is disappointed at some of their conclusions. He looks forward to display his remorse and dedicate himself to the people of Clark County." Jimmerson said.

Full Article and Source:
Commission Says Judge Violated Some Rules

Thursday, November 21, 2013

Gallia County judge receives stayed suspension for misconduct


GALLIPOLIS — Gallia County Common Pleas Court Judge D. Dean Evans has received a one-year stayed suspension from the Ohio Supreme Court for failing to disqualify himself from a case in which he had a conflict with defense counsel.

According to a release issued by the Office of Public Information of the Ohio Supreme Court, in a 5-2 per curium decision (not authored by any particular justice) announced Tuesday, the court rejected the sanction of a six-month stayed suspension that has been recommended by the Board of Commissioners on Grievances and Discipline and instead imposed a full year stayed suspension.

When contacted for comment on Tuesday afternoon in regard to the Supreme Court’s decision, Judge Evans reported that he could make no public comment on the case, but did state that the decision released on Tuesday would in no way affect the functioning of the Gallia County Common Pleas Court or the cases awaiting action in court.

Attorney Robert W. Bright practiced before Judge Evans representing indigent criminal defendants for the Gallia County public-defender commission. In the case that resulted in this disciplinary complaint, according information contained in the initial opinion released on Tuesday by the court, Bright represented a defendant who had initially agreed to enter into a plea agreement but later changed his mind during the plea hearing before Judge Evans. Moments later, the defendant changed his mind again, and Judge Evans refused to accept the plea. Three days later, Judge Evans again refused to accept the plea agreement even though Bright and the county prosecutor jointly agreed to it.

Bright then filed an 18-page motion requesting that Judge Evans accept the plea agreement and stating that the judge’s refusal to do so was “an abuse of discretion” and “unreasonable and/or arbitrary and/or unconscionable.” Bright also criticized some of Judge Evans’s other courtroom practices.

Judge Evans issued an entry overruling Bright’s motion and removing Bright as counsel in the matter. The entry stated in part:

The Court finds that while Defense Counsel’s attitude toward the Court as expressed in the instant motion may not rise to the level of Professional Misconduct or to the level of being contemptuous, it certainly is not acceptable behavior. By such conduct he has created conflict with the Court whereby in this case or for that matter any other case in the future, when he does not agree with a decision or ruling by the Court, instead of being critical by accusation of being arbitrary, unreasonable, unconscionable or of abusing discretion, he simply may accuse the court of being bias [sic] or prejudice [sic] as it relates to him. The Court must not only avoid any impropriety, bias or prejudice but must avoid any appearance of such. The expressions and attitudes of Defense Counsel as exhibited and announced in the instant motion toward this Court compromises [sic] the Court’s ability to avoid any appearance of bias [or] prejudice, or to be fair and impartial as it relates to Defense Counsel regardless [of] how hard it tries or what strides it makes toward guaranteeing that there would be no bias, prejudice and that it would be fair and impartial.

According to information provided in the Ohio Supreme Court decision, Judge Evans subsequently filed entries removing Bright as appointed counsel in 63 other criminal cases — even though none of the defendants in any case had requested Bright’s removal as their counsel. The entry in each case stated that “Attorney Robert W. Bright is relieved of further obligation due to the conflict he has created with the Court” and “due to the Court’s inquiry to the Office of Disciplinary Counsel, Supreme Court of Ohio regarding Mr. Bright’s conduct.”

Judge Evans’s actions removed Bright’s entire caseload, and, reportedly, within a month of the judge’s entries, the Gallia County public defender terminated Bright’s employment, reasoning that it had “no other options,” since Bright could not practice in Judge Evans’s courtroom. Disciplinary counsel ultimately decided against filing any charges against Bright based on Judge Evans’s grievance.

The Ohio State Bar Association subsequently brought a complaint against Judge Evans. The parties submitted a consent-to-discipline agreement recommending that Judge Evans be publicly reprimanded. The Board of Commissioners on Grievances and Discipline rejected the agreement and remanded the matter for further proceedings before a three-member panel of the board. On remand, the parties waived a hearing and submitted stipulations of fact and misconduct and jointly recommended a stayed six-month suspension. The panel, and later the board, adopted the parties’ stipulations and recommended sanction. No objections were filed before the Supreme Court.

Full Article and Source:
Gallia County judge receives stayed suspension for misconduct

Sunday, November 17, 2013

Ex-judge Hale’s punishment not enough, Supreme Court says


A six-month suspension of former Franklin County Environmental Court Judge Harland Hale’s law license isn’t punishment enough, the Ohio Supreme Court declared today.

In an unusual move, the justices rejected the recommended punishment and sent the case back to the Board of Commissioners on Grievances and Discipline for further proceedings, “including consideration of a more severe sanction.”

Hale has admitted that he committed judicial misconduct by dismissing a speeding ticket in December 2011 for a lawyer who represented him in state and federal lawsuits. The judge, who sat on the bench for a decade, announced his retirement on May 9, one week after the disciplinary counsel filed a complaint against him. He said then he wanted to continue his career as a lawyer.

Hale had reached a “discipline by consent” agreement with the high court’s disciplinary counsel. The Board of Commissioners on Grievances and Discipline approved the agreement on Oct. 14 and recommended it to the Supreme Court.

Hale dismissed a speeding ticket for attorney Patrick M. Quinn, who was representing him in sexual-harassment lawsuits. The judge threw out the ticket “without any involvement from the prosecutor or Quinn” and signed a judgment that “falsely stated: Prosecutor dismisses,” the agreement says.

About four months later, he engaged in improper communication about the case by contacting Quinn and Chief City Prosecutor Lara Baker-Morrish. He asked each to sign an entry indicating that the ticket was dismissed “with the consent of the Columbus city attorney's office and the defendant.” Baker-Morrish refused.

Hale eventually vacated the dismissal and removed himself from the case. Quinn pleaded guilty and paid a $55 fine and $116 in court costs on the day that the judge stepped aside.

Quinn represented Hale in three lawsuits stemming from complaints of inappropriate behavior against the judge by a court employee and a defendant in a drunken-driving case. All three cases were settled out of court.

Full Article and Source:
Ex-judge Hale’s punishment not enough, Supreme Court says

See Also:
Ex-judge Hale agrees to six-month law license suspension

Ohio Judge Accused of Misconduct for Dismissing His Own Lawyer's Speeding Ticket

Ohio: Judge Accused of Dismissing His Lawyer's Traffic Ticket Quits

Tuesday, October 29, 2013

Ex-judge Hale agrees to six-month law license suspension


Former Franklin County Environmental Court Judge Harland H. Hale will be suspended from practicing law for six months if the Ohio Supreme Court accepts an agreement he reached with the court’s disciplinary counsel.

The agreement includes an admission by Hale that he committed judicial misconduct by dismissing a speeding ticket in December 2011 for a lawyer who represented him in state and federal lawsuits.

Hale, who sat on the bench for a decade, announced his retirement on May 9, one week after the disciplinary counsel filed a complaint against him over the incident. He said at the time that he would continue his career as a lawyer.

Hale was scheduled for a September hearing before a three-member panel of the Board of Commissioners on Grievances and Discipline, but instead he reached what is known as a “discipline by consent” agreement with the disciplinary counsel.

The panel approved the agreement and recommended it to the full 28-member board. The board considered the agreement on Oct. 11 and recommended it to the Supreme Court.

The agreement and six-month suspension aren’t official without approval by the court. Joseph M. Caligiuri, chief assistant disciplinary counsel, said yesterday that there is no timetable for the court’s decision.

“It’s in a holding pattern now,” he said. “They can accept it or reject it. They can’t modify it.”
Lawyers facing a disciplinary hearing are always encouraged to reach an agreement with the disciplinary counsel, Caligiuri said.

“A minority of the cases result in a consent to discipline,” he said.

Hale and a Cincinnati lawyer who represented him in the case did not return messages yesterday.
The Dispatch reported in April 2012 that Hale had dismissed a speeding ticket in December 2011 for lawyer Patrick M. Quinn, who was representing him in lawsuits related to sexual-harassment complaints.

Hale dismissed the ticket “without any involvement from the prosecutor or Quinn” and signed a judgment that “falsely stated: Prosecutor dismisses,” according to the agreement.

Four months later, he engaged in improper communication regarding the case by separately contacting Quinn and Chief City Prosecutor Lara Baker-Morrish. He asked each to sign an entry indicating that the ticket was dismissed “with the consent of the Columbus city attorney’s office and the defendant.” Baker-Morrish refused.

Hale eventually vacated the dismissal and removed himself from the case. Quinn pleaded guilty and paid a $55 fine and $116 in court costs on the day that Hale withdrew.

Quinn represented Hale in three lawsuits that stemmed from complaints of inappropriate behavior against the judge by a court employee and a defendant in a drunken-driving case. All three cases eventually were settled out of court.

He is the first Franklin County judge to be named in a complaint by the disciplinary counsel since 2005, when then-Domestic Relations Judge Carole Squire was accused of abusing the rights of those who came before her and not following the law. She was defeated for re-election one year later, and the Supreme Court suspended her law license for one year in October 2007.

Full Article and Source:
Ex-judge Hale agrees to six-month law license suspension

See Also:
Ohio Judge Accused of Misconduct for Dismissing His Own Lawyer's Speeding Ticket

Ohio: Judge Accused of Dismissing His Lawyer's Traffic Ticket Quits

Saturday, October 19, 2013

Judicial panel should have more options


SAN ANTONIO — Judicial misconduct is a serious matter.

The commission that investigates allegations of misconduct against Texas judges deserves greater leeway in the types of disciplinary actions it can take after making findings. Proposition 9 would grant expanded options.

Complaints about Texas judges are reviewed by the State Commission on Judicial Conduct, which was created in 1965 to handle judicial discipline. About 1,200 complaints are filed each year against Texas judges at all levels of the judicial system. About 6 percent result in disciplinary action.

After investigating a complaint, the judicial commission has the option of taking action or ordering a formal hearing on the more serious cases if warranted. A flaw in the way the commission was established provides a wide range of sanctions in cases heard behind closed doors, but the panel is severely limited on the type of actions involving formal public hearings.

The Texas Constitution limits action taken as a result of a public hearing to a public censure or recommendation of removal or retirement. The options for nonpublic hearings include private or public admonitions, warnings, reprimands or orders to obtain additional training or education.

Limiting the range of sanctions at the disposal of the 13-member judicial conduct commission is a disservice to the process. In 2010, the restrictive nature of the sanctions available permitted Court of Criminal Appeals Presiding Judge Sharon Keller to beat the disciplinary action taken against her using this technicality.

Keller was given a public warning for blocking a death-row inmate's last minute appeal on the day of his execution. The commission found Keller failed to properly perform her duties when she closed the appeal court clerk's office at 5 p.m. after she was advised by the defendant's lawyers that they were having computer problems and wanted to file an after-hours appeal.

The appellate judge successfully challenged the public warning the judicial commission issued because it was not one of the sanctions allowed by the state Constitution in cases such as hers. Despite the troubling conduct, which cast the entire Texas judicial system in an unfavorable light nationally, Keller was able to avoid any official censure.

The public's confidence in the judiciary would have been boosted if the commission had taken one of the harsher sanction options open to them — which were to remove her from office or force her into retirement — but that is hindsight.

Texas voters can improve the system so history is not allowed to repeat itself by giving members of State Commission on Judicial Conduct a full range of options on sanctions they can take after judicial investigations.

Proposition 9 provides some much-needed fine-tuning of the rules under which the Commission on Judicial Conduct operates.

Full Article and Source:
Judicial panel should have more options

Wednesday, August 7, 2013

New laws mean changes for judges, elections


A public campaign financing program meant to limit special interest influence in judicial elections in the state met its death in the legislature during the final hours of the long session.

The bill repeals the public financing law that used certain fees attorneys paid to the bar, $3 checked-off funds on tax forms and state funds that gave judges an opportunity to agree to certain spending thresholds and rules to tap into public campaign funds.

The state was one of the first in the country to pass such legislation that will soon be history.  

The change comes despite pleas by all but one judge on the state’s Court of Appeals.

Other changes targeted at the state’s judicial system include a law that gives the Supreme Court the authority to discipline its own judges rather than six senior judges on the Court of Appeals. That measure also takes the public out of the know when it comes to judicial misconduct.

Currently, hearings before the state’s adjudicatory panel are open to the public. Under the new law they would not be.

Chief Justice Sarah Parker and John Martin, chief judge of the N.C. Court of Appeals and chairman of the Judicial Standards Commission, urged lawmakers not to adopt the new changes on the basis of conflicts in judges having to discipline their peers, no avenue for revealing public exoneration and leaving no public record of the process.

Full Article and Source:
New laws mean changes for judges, elections