+ All Categories
Home > Documents > Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at...

Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at...

Date post: 14-Oct-2020
Category:
Upload: others
View: 0 times
Download: 0 times
Share this document with a friend
24
Judicial Discipline Decision Index 2018 Index Through December DEMEANOR, IMPARTIALITY, AND COMMENTS ON THE BENCH Delaney, Order (Arizona Commission on Judicial Conduct September 18, 2018) (https://www.azcourts.gov/portals/137/reports/2018/18-243.pdf) (failing to de-escalate contentious hearing, raising voice toward landlord, failing to disqualify from request for injunction against landlord) (10/18) Letter of Censure of McGowan (Arkansas Judicial Discipline & Disability Commission July 13, 2018) (http://jddc.publishpath.com/Websites/jddc/images/pdf/Press%20Release/McGowanCensure. pdf) (being impatient, discourteous, and undignified) (8/18) In the Matter Concerning Lord, Decision and order imposing public admonishment (California Commission on Judicial Performance April 11, 2018) (https://cjp.ca.gov/wp- content/uploads/sites/40/2018/04/Lord_DO_Pub_Adm_4-11-18.pdf) (commenting publicly to reporter about domestic violence case, discourteous remark about victim) (4/18) In the Matter Concerning Novak, Decision and order (California Commission on Judicial Performance May 30, 2018) (https://cjp.ca.gov/wp- content/uploads/sites/40/2018/05/Novak_DO_Pub_Adm_05-30-18.pdf) (criticizing defendant’s attorney in criminal case; failing to disclose improper ex parte communications from bailiff; telling other judges at a judges’ meeting that she had found that sheriff’s officer committed perjury) (6/18) In the Matter Concerning Elswick, Public admonishment (California Commission on Judicial Performance December 13, 2018) (https://cjp.ca.gov/wp- content/uploads/sites/40/2018/12/Elswick_Pub_Adm_12-13-18.pdf) (improperly remanding defendants; improperly responding to a peremptory challenge; improperly referencing personal life; being discourteous to several criminal defendants) (12/18) In the Matter Concerning Stafford, Decision and order (California Commission on Judicial Performance December 13, 2018) (https://cjp.ca.gov/wp- content/uploads/sites/40/2018/12/Stafford_Pub_Adm_Stip_12-13-18.pdf) (undignified comments in restraining order proceeding) (12/18)
Transcript
Page 1: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

Judicial Discipline Decision Index

2018 Index Through December

DEMEANOR, IMPARTIALITY, AND COMMENTS ON THE BENCH Delaney, Order (Arizona Commission on Judicial Conduct September 18, 2018) (https://www.azcourts.gov/portals/137/reports/2018/18-243.pdf) (failing to de-escalate contentious hearing, raising voice toward landlord, failing to disqualify from request for injunction against landlord) (10/18) Letter of Censure of McGowan (Arkansas Judicial Discipline & Disability Commission July 13, 2018) (http://jddc.publishpath.com/Websites/jddc/images/pdf/Press%20Release/McGowanCensure.pdf) (being impatient, discourteous, and undignified) (8/18) In the Matter Concerning Lord, Decision and order imposing public admonishment (California Commission on Judicial Performance April 11, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/04/Lord_DO_Pub_Adm_4-11-18.pdf) (commenting publicly to reporter about domestic violence case, discourteous remark about victim) (4/18) In the Matter Concerning Novak, Decision and order (California Commission on Judicial Performance May 30, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/05/Novak_DO_Pub_Adm_05-30-18.pdf) (criticizing defendant’s attorney in criminal case; failing to disclose improper ex parte communications from bailiff; telling other judges at a judges’ meeting that she had found that sheriff’s officer committed perjury) (6/18) In the Matter Concerning Elswick, Public admonishment (California Commission on Judicial Performance December 13, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/12/Elswick_Pub_Adm_12-13-18.pdf) (improperly remanding defendants; improperly responding to a peremptory challenge; improperly referencing personal life; being discourteous to several criminal defendants) (12/18) In the Matter Concerning Stafford, Decision and order (California Commission on Judicial Performance December 13, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/12/Stafford_Pub_Adm_Stip_12-13-18.pdf) (undignified comments in restraining order proceeding) (12/18)

Page 2: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

2

In the Matter of Smith, Stipulation and order of consent to discipline (Nevada Commission on Judicial Discipline July 26, 2018) (https://tinyurl.com/ybua7f3v) (rudeness and sarcasm, muttering “I hope this follows you to prison” to defendant) (8/18) In the Matter of Weller, Findings of fact, conclusions of law, and imposition of discipline (Nevada Commission on Judicial Discipline September 20, 2018) (https://tinyurl.com/y8xxwnjp), notice of appeal filed (stating “the kitchen and the bedroom” in response to the question “are you saying that [women] need to be in a place?”) (10/18) In the Matter of DeVries, Reprimand (New Hampshire Judicial Conduct Committee March 8, 2018) (https://www.courts.state.nh.us/committees/judconductcomm/docs/signed-reprimand-JC-17-013-G.pdf) (comments to defendant) (4/18) In the Matter of DeVries, Reprimand (New Hampshire Judicial Conduct Committee March 8, 2018) (https://www.courts.state.nh.us/committees/judconductcomm/docs/signed-reprimand-JC-17-015-G.pdf) (over zealous cross-examination, polling courtroom, characterizing defendant as “somebody with that knee dragging along,” and using recall to draw conclusions about veracity) (4/18) Inquiry Concerning Madrid, Order and public censure (New Mexico Supreme Court December 31, 2018) (http://www.nmjsc.org/wp-content/uploads/2019/01/37354-Order-and-Public-Censure.pdf) (refusing to allow emergency bathroom break for witness, allowing jury to witness the removal of witness’s chair, reading jurors' notes, preparing witness statement for court interpreter) (12/18) In the Matter of Astacio, 112 N.E.3d 851 (New York 2018) (http://www.cjc.ny.gov/Determinations/A/Astacio.COA.Decision.2018-10-16.pdf) (operating vehicle while under the influence of alcohol; asserting position to avoid arrest; violating terms of conditional discharge; arraigning former client; discourteous comments in 3 cases) (10/18), accepting, In the Matter of Astacio, Determination (New York State Commission on Judicial Conduct April 23, 2018) (https://tinyurl.com/ycw2ngqk) (4/18) In the Matter of O’Connor, 112 N.E.3d 317 (New York 2018) (acting impatiently, raising voice, and making demeaning and insulting remarks, often in open court; striking witness testimony and dismissing petitions because counsel reflexively used “okay;” awarding counsel fees without providing opportunity to be heard; failing to cooperate with Commission) (10/18), accepting, In the Matter of O’Connor, Determination (New York State Commission on Judicial Conduct March 30, 2018) (http://www.cjc.ny.gov/Determinations/O/O'Connor.Terrence.C.2018.03.30.DET.pdf) (4/18) In the Matter of Kline, Determination (New York State Commission on Judicial Conduct December 26, 2017) (http://www.cjc.ny.gov/Determinations/K/Kline.Joan.M.%202017.12.26.DET.pdf) (undermining right to counsel in 3 cases, conveying appearance of bias, eliciting incriminatory responses from

Page 3: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

3

defendant at arraignment, making discourteous comments, destroying court records without authorization, and holding extra-judicial positions incompatible with judicial office) (6/18) In the Matter of Peeler, 818 S.E.2d 723 (South Carolina 2018) (calling court personnel "heifers" and "DW" (double wide)) (8/18) Public Admonition of Cross and Order of Additional Education (Texas State Commission on Judicial Conduct April 18, 2018) (http://www.scjc.state.tx.us/media/46672/cross16-1150-spfinalpublicadmonoae-signed.pdf) (referring to man in guardianship proceedings as “Mr. Maggot;” comparing IQ of woman with IQ of pen; treating litigants in 3 guardianship cases discourteously) (4/18) Public Warning of Lee and Order of Additional Education (Texas State Commission on Judicial Conduct June 6, 2018) (http://www.scjc.texas.gov/media/46692/lee17-0469-jpamendedpublic-warning-oaefinal.pdf) (“this is a redneck court”) (4/18) Public Reprimand of Williams (Texas State Commission on Judicial Conduct December 14, 2018) (http://www.scjc.state.tx.us/media/46709/gwilliams17-1488etalpublicrep121418.pdf) (inappropriately touching another judge and 2 court clerks at a social function and sending the other judge offensive text message; disparaging comments about district attorney’s office) (12/18) Public Reprimand of Williams (Texas State Commission on Judicial Conduct December 14, 2018) (http://www.scjc.state.tx.us/media/46708/gwilliams17-1239-dipublicrep121418.pdf) (ordering children removed from mothers’ custody in absence of pleading or affidavit, without opportunity to be heard, and failing to be dignified and courteous) (12/18) In re Wilson, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct May 11, 2018) (https://www.cjc.state.wa.us/materials/activity/public_actions/2018/8662FinalStip.pdf) (statements during sentencing in domestic violence case) (6/18) In re Ponomarchuk, Stipulation, agreement, and order of admonishment (Washington State Commission on Judicial Conduct July 20, 2018) (https://www.cjc.state.wa.us/materials/activity/public_actions/2018/8838FinalStip.pdf) (requiring defendant to “tattoo” next court date on arm) (8/18) In the Matter of Summers, Order (West Virginia Supreme Court of Appeals February 25, 2018) (comments after finding defendant not guilty of domestic assault/domestic battery) (12/18) In the Matter of Calvert, 914 N.W.2d 765 (Wisconsin 2018) (https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=214322) (speaking with police chief about a petition for harassment injunction, reviewing police file,

Page 4: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

4

falsely telling parties all involved would receive disorderly conduct tickets regardless of circumstances) (6/18)

DISQUALIFICATION Delaney, Order (Arizona Commission on Judicial Conduct September 18, 2018) (https://www.azcourts.gov/portals/137/reports/2018/18-243.pdf) (failing to de-escalate contentious hearing, raising voice toward landlord, failing to disqualify from request for injunction against landlord) (10/18) In the Matter Concerning Elswick, Public admonishment (California Commission on Judicial Performance December 13, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/12/Elswick_Pub_Adm_12-13-18.pdf) (improperly remanding defendants; improperly responding to a peremptory challenge; improperly referencing personal life; being discourteous to several criminal defendants) (12/18) In the Matter of Johanningsmeier, 103 N.E.3d 633 (Indiana 2018) (failing to recuse from friend’s case and securing favorable treatment for friend) (8/18) In the Matter of Nadeau, 178 A.3d 495 (Maine 2018) (failing to disqualify from case based on personal bias) (2/18) Commission on Judicial Performance v. Curry, 249 So.3d 369 (Mississippi 2018) (signing warrants based on relatives’ affidavits; dismissing petitions for order of protection from domestic abuse without holding mandated hearings; presiding over relative’s initial appearance and subsequently reducing bond to $5,000; waiving expungement fee; and requesting county board of supervisors transfer complainant) (8/18) In the Matter of Astacio, 112 N.E.3d 851 (New York 2018) (http://www.cjc.ny.gov/Determinations/A/Astacio.COA.Decision.2018-10-16.pdf) (operating vehicle while under the influence of alcohol; asserting position to avoid arrest; violating terms of conditional discharge; arraigning former client; discourteous comments in 3 cases) (10/18), accepting, In the Matter of Astacio, Determination (New York State Commission on Judicial Conduct April 23, 2018) (https://tinyurl.com/ycw2ngqk) (4/18) In the Matter of Porter, Determination (New York State Commission on Judicial Conduct November 13, 2018) (http://www.cjc.ny.gov/Determinations/P/Porter.David.F.2018-11-13.DET.pdf) (failing to disqualify following ex parte communications) (12/18) Disciplinary Counsel v. Holben (Ohio Supreme Court December 20, 2018) (http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2018/2018-Ohio-5097.pdf) (presiding over 3 cases in which she participated as lawyer for government agency) (12/18)

Page 5: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

5

Public Reprimand of Muncy and Order of Additional Education (Texas State Commission on Judicial Conduct January 10, 2018) (http://www.scjc.state.tx.us/media/46663/muncy17-0279-dipubrepoae-signed.pdf) (failing to disqualify from case of former client) (2/18) In re O’Rourke, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct March 9, 2018) (https://www.cjc.state.wa.us/materials/activity/public_actions/2018/8521FinalStip.pdf) (presiding over case in which she had represented defendant) (4/18)

EX PARTE COMMUNICATIONS, EX PARTE PROCEEDINGS, INDEPENDENT INVESTIGATIONS Bluff, Order (Arizona Commission on Judicial Conduct September 18, 2018) (https://www.azcourts.gov/portals/137/reports/2018/18-177.pdf) (holding probation revocation hearing with defendant present but without notice to prosecution or defendant’s attorney and revoking second defendant’s probation without notice to prosecution or defendant’s attorney) (10/18) Letter of Admonishment to Carruth (Arkansas Commission on Judicial Discipline & Disability November 16, 2018) (http://jddc.publishpath.com/Websites/jddc/images/pdf/Press%20Release/Press%20Release%2011-16-18.pdf) (contacts with litigants and/or witnesses) (12/18) In the Matter Concerning Novak, Decision and order (California Commission on Judicial Performance May 30, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/05/Novak_DO_Pub_Adm_05-30-18.pdf) (criticizing defendant’s attorney in criminal case; failing to disclose improper ex parte communications from bailiff; telling other judges at a judges’ meeting that she had found that sheriff’s officer committed perjury) (6/18) Inquiry Concerning Mills, Decision and order (California Commission on Judicial Performance August 28, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/08/Mills_DO_Censure_8-28-18.pdf) (modifying contempt sentence to deny good time credits based on ex parte communication with sheriff’s department and subsequently granting good time credits for reasons unrelated to merits; offering ex parte advice to prosecutor) (8/18) In re Cunningham, Public reprimand (Kentucky Judicial Conduct Commission May 22, 2018) (https://courts.ky.gov/commissionscommittees/JCC/Documents/Public_Information/PublicReprimandCunningham.pdf) (ex parte orders to produce defendant’s records; speaking ex parte with public defender on multiple occasions) (6/18)

Page 6: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

6

In the Matter of Sullivan, Stipulation and order of consent (Nevada Commission on Judicial Discipline February 23, 2018) (https://tinyurl.com/ybvbkar9) (handling of application for temporary protection order filed against sheriff’s deputy, independent investigation) (2/18) Inquiry Concerning Day, 413 P.3d 907 (Oregon 2018) (false statement during investigation; out-of-court contacts with probationer in veterans treatment court; false statement to presiding judge; same-sex couple marriage; re-investigating complaint) (4/18) Public Admonishment of Bias (West Virginia Judicial Investigation Commission March 1, 2017) (criticizing pre-trial/bond review program and judge on radio program, ex parte communications with public defender, banning complainant from courtroom) (2/18) In the Matter of Calvert, 914 N.W.2d 765 (Wisconsin 2018) (speaking with police chief about a petition for harassment injunction, reviewing police file, falsely telling parties all involved would receive disorderly conduct tickets regardless of circumstances) (6/18)

ABUSE OF AUTHORITY Inquiry Concerning DuPont, 252 So. 3d 1130 (Florida 2018) (ordering the search of litigant and seizure of money; misrepresenting facts about campaign opponent; pledging in campaign not to hold any statute unconstitutional; holding first appearance hearings without counsel present one Memorial Day weekend) (10/18) Inquiry Concerning Anderson, 816 S.E.2d 676 (Georgia 2018) (intervening in repossession) (6/18) In the Matter of Johanningsmeier, 103 N.E.3d 633 (Indiana 2018) (failing to recuse from friend’s case and securing favorable treatment for friend) (8/18) Commission on Judicial Performance v. Curry, 249 So.3d 369 (Mississippi 2018) (signing warrants based on relatives’ affidavits; dismissing petitions for order of protection from domestic abuse without holding mandated hearings; presiding over relative’s initial appearance and subsequently reducing bond to $5,000; waiving expungement fee; requesting county board of supervisors transfer complainant) (8/18) In the Matter of Sullivan, Stipulation and order of consent (Nevada Commission on Judicial Discipline February 23, 2018) (https://tinyurl.com/ybvbkar9) (handling of application for temporary protection order filed against sheriff’s deputy, independent investigation) (2/18) In the Matter of Van Gundy, Order and public censure (New Mexico Supreme Court December 31, 2018) (http://www.nmjsc.org/wp-content/uploads/2019/01/35735-Order-and-Public-Censure.pdf) (failing to transfer case after defendant’s competency became an issue and holding defendant indefinitely) (12/18)

Page 7: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

7

In the Matter of O’Connor, 112 N.E.3d 317 (New York 2018) (acting impatiently, raising voice, and making demeaning and insulting remarks, often in open court; striking witness testimony and dismissing petitions because counsel reflexively used “okay;” awarding counsel fees without providing opportunity to be heard; failing to cooperate with Commission) (10/18), accepting, In the Matter of’Connor, Determination (New York State Commission on Judicial Conduct March 30, 2018) (http://www.cjc.ny.gov/Determinations/O/O'Connor.Terrence.C.2018.03.30.DET.pdf) (4/18) In the Matter of Kline, Determination (New York State Commission on Judicial Conduct December 26, 2017) (http://www.cjc.ny.gov/Determinations/K/Kline.Joan.M.%202017.12.26.DET.pdf) (undermining right to counsel in 3 cases, conveying appearance of bias, eliciting incriminatory responses from defendant at arraignment, making discourteous comments, destroying court records without authorization, and holding extra-judicial positions incompatible with judicial office) (6/18) Re Hinson (Tennessee Board of Judicial Conduct May 9, 2018) (https://tinyurl.com/y8f2nsj4) (dismissing citations; interfering in traffic stop) (6/18) Public Warning of Smith and Order of Additional Education (Texas State Commission on Judicial Conduct February 21, 2018) (http://www.scjc.state.tx.us/media/46667/smith17-1018-jpfinalpubwarn.pdf) (refusing to permit inspecting and copying of case files, heated conversation about inspecting and copying of case files) (2/18) Public Reprimand of Jasso and Order of Additional Education (Texas State Commission on Judicial Conduct April 18, 2018) (http://www.scjc.state.tx.us/media/46671/jasso16-0559-jpand17-0416-jppubrepoae4-19-18.pdf) (hiring woman with whom he had an intimate relationship and making inappropriate comments about her during office hours; issuing amended judgment without notice; setting appeal bond over amount specified by rule) (4/18) Public Reprimand of Brady (Texas State Commission on Judicial Conduct November 14, 2018) (http://www.scjc.state.tx.us/media/46706/brady17-1524pubrepoae111418.pdf) (issuing 2 felony arrest warrants based on complaints that did not contain sufficient probable cause) (12/18) Public Admonishment of Bias (West Virginia Judicial Investigation Commission March 1, 2017) (criticizing pre-trial/bond review program and judge on radio program, ex parte communications with public defender, banning complainant from courtroom) (2/18) Public Reprimand of Williams (Texas State Commission on Judicial Conduct December 14, 2018) (http://www.scjc.state.tx.us/media/46708/gwilliams17-1239-dipublicrep121418.pdf) (ordering children removed from mothers’ custody in absence of pleading or affidavit, without opportunity to be heard, and failing to be dignified and courteous) (12/18)

Page 8: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

8

In the Matter of Snyder, Order (West Virginia Supreme Court of Appeals June 5, 2018) (mishandling vicious dog case; altering court records) (12/18)

FAILURE TO FOLLOW THE LAW; LEGAL ERROR; ABUSE OF DISCRETION

Inquiry Concerning Mills, Decision and order (California Commission on Judicial Performance August 28, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/08/Mills_DO_Censure_8-28-18.pdf) (modifying contempt sentence to deny good time credits based on ex parte communication with sheriff’s department and subsequently granting good time credits for reasons unrelated to merits; offering ex parte advice to prosecutor) (8/18) In the Matter Concerning Elswick, Public admonishment (California Commission on Judicial Performance December 13, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/12/Elswick_Pub_Adm_12-13-18.pdf) (improperly remanding defendants; improperly responding to a peremptory challenge; improperly referencing personal life; being discourteous to several criminal defendants) (12/18) In the Matter of Young, 92 N.E.3d 628 (Indiana 2018) (barred clerk from courthouse) (4/18) In the Matter of Trigg, 414 P.3d 1203 (Kansas 2018) (revoking probation based on motion) (4/18) Inquiry Concerning Lynch, Order (Kansas Commission on Judicial Qualifications March 19, 2018) (denying defendant opportunity to present evidence within 21 days of petition for protection from stalking and/or sexual abuse) (4/18) In re Langford, Agreed order of suspension (Kentucky Judicial Conduct Commission April 2, 2018) (https://courts.ky.gov/commissionscommittees/JCC/Documents/Public_Information/AgreedOrderLangford.pdf) (use of inmates and publicly owned equipment in reconstruction of church; personally observing community services work and signing documents verifying community services work; ankle monitoring program; failure to decide motion for 3 years; failure to decide motions for shock probation within statutory time limit; employing probationer to work on property) (4/18) In the Matter of the Reese, Opinion (Maryland Court of Appeals July 31, 2010) (https://www.courts.state.md.us/data/opinions/coa/2018/2a17jd.pdf) (dismissing complaint based on denial of peace order) (8/18) Commission on Judicial Performance v. Curry, 249 So.3d 369 (Mississippi 2018) (signing warrants based on relatives’ affidavits; dismissing petitions for order of protection from domestic abuse without holding mandated hearings; presiding over relative’s initial appearance

Page 9: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

9

and subsequently reducing bond to $5,000; waiving expungement fee; and requesting county board of supervisors transfer complainant) (8/18) In the Matter of Barrett, Public reprimand (Nebraska Commission on Judicial Qualifications January 23, 2018) (https://supremecourt.nebraska.gov/sites/default/files/Administration/SC17-1159-barrett.pdf) (taking guilty plea from defendant who was intoxicated) (2/18) In the Matter of Hughes, Findings of fact, conclusions of law, and imposition of discipline (Nevada Commission on Judicial Discipline June 18, 2018) (https://tinyurl.com/ya5x62uu), appeal filed (holding mother in contempt of court without due process, changing child custody to sanction mother) (6/18) In the Matter of Van Gundy, Order and public censure (New Mexico Supreme Court December 31, 2018) (http://www.nmjsc.org/wp-content/uploads/2019/01/35735-Order-and-Public-Censure.pdf) (failing to transfer case after defendant’s competency became an issue and holding defendant indefinitely) (12/18) In the Matter of O’Connor, 112 N.E.3d 317 (New York 2018) (acting impatiently, raising voice, and making demeaning and insulting remarks, often in open court; striking witness testimony and dismissing petitions because counsel reflexively used “okay;” awarding counsel fees without providing opportunity to be heard; failing to cooperate with Commission) (10/18), accepting, In the Matter of O’Connor, Determination (New York State Commission on Judicial Conduct March 30, 2018) (http://www.cjc.ny.gov/Determinations/O/O'Connor.Terrence.C.2018.03.30.DET.pdf) (4/18) In the Matter of Skinner, Determination (New York State Commission on Judicial Conduct June 26, 2018) (http://www.cjc.ny.gov/Determinations/S/Skinner.John.M.2018.06.26.DET.pdf) (mishandling small claims action and failing to mechanically record court proceedings) (8/18) Public Reprimand of Melendrez (Texas State Commission on Judicial Conduct January 25, 2018) (http://www.scjc.texas.gov/media/46704/melendrez16-0602-jppubrep12518.pdf) (failing to provide parties in small claims case notice of hearing, issuing criminal summons, failing to enter judgment) (12/18) Public Admonition of Licata and Order of Additional Education (Texas State Commission on Judicial Conduct January 10, 2018) (http://www.scjc.state.tx.us/media/46658/licata17-0352-ajfinalpubadmandoae.pdf) (failing to issue personal bonds) (2/18) Public Admonition of Hagstette and Order of Additional Education (Texas State Commission on Judicial Conduct January 10, 2018) (http://www.scjc.state.tx.us/media/46656/hagstette17-0350-ajfinalpubadmandoae.pdf) (failing to issue personal bonds) (2/18)

Page 10: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

10

Public Admonition of Wallace and Order of Additional Education (Texas State Commission on Judicial Conduct January 10, 2018) (http://www.scjc.state.tx.us/media/46657/wallace17-0351-ajfinalpubadmandoae.pdf) (failing to issue personal bonds) (2/18) In re Ginsberg, Opinion (Texas Special Court of Review June 11, 2018) (http://www.scjc.texas.gov/media/46680/scr180001opinionanddissentginsberg.pdf) (dismissing complaint re standing order refusing to comply with a statute regarding appointment of mediators) (6/18) In re Bond, Opinion (Texas Special Court of Review August 10, 2018) (http://www.scjc.state.tx.us/media/46691/scr-18-0005-opinion-of-special-court-of-review-bond.pdf) (witness’s involuntary confinement) (8/18) Public Warning of Buck and Order of Additional Education (Texas State Commission on Judicial Conduct August 9, 2018) (http://www.scjc.state.tx.us/media/46699/buck17-1006-jpand17-1123-jppubwarnwoae.pdf) (modifying a protective order based on ex parte communications and ordering couple incarcerated for contempt without due process) (8/18) Public Reprimand of Brady (Texas State Commission on Judicial Conduct November 14, 2018) (http://www.scjc.state.tx.us/media/46706/brady17-1524pubrepoae111418.pdf) (issuing 2 felony arrest warrants based on complaints that did not contain sufficient probable cause) (12/18) Public Reprimand of Williams (Texas State Commission on Judicial Conduct December 14, 2018) (http://www.scjc.state.tx.us/media/46708/gwilliams17-1239-dipublicrep121418.pdf) (ordering children removed from mothers’ custody in absence of pleading or affidavit, without opportunity to be heard, and failing to be dignified and courteous) (12/18) In the Matter of Pauley, Order (West Virginia Supreme Court of Appeal January 3, 2018) (legally insufficient emergency protective order; leaving before shift ended; entering order in case assigned to another magistrate) (2/18) In the Matter of Snyder, Order (West Virginia Supreme Court of Appeals June 5, 2018) (mishandling vicious dog case; altering court records) (12/18)

DELAY, LACK OF DILIGENCE, TARDINESS In the Matter of Kelly, Final judgment (Alabama Court of the Judiciary May 11, 2018) (http://judicial.alabama.gov/docs/judiciary/COJ50FINALJUDGMENT.pdf) (unreasonable and unjustifiable delay in managing family court docket) (6/18)

Page 11: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

11

Inquiry Concerning Jantzen, Order (Arizona Supreme Court June 15, 2018) (http://www.azcourts.gov/portals/137/reports/2017/17-232.pdf) (failing to decide petition for post-conviction relief for over 2 years, false pending case reports) (6/18) In the Matter Concerning Johnson, Decision and order (California Commission on Judicial Performance January 16, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/01/JohnsonEW_Pub_Adm_Stip_1-16-18.pdf) (material misrepresentation during prior investigation; improperly using court credit card; frequently arriving to court late; revising local court rules without notice and opportunity to comment; appointing former law partner to represent conservatee) (2/18) Public Admonishment of Hiroshige (California Commission on Judicial Performance October 24, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/10/Hiroshige_Pub_Adm_10-24-18.pdf) (delegating responsibility to conduct case management conferences to clerk) (10/18) Inquiry Concerning DuPont, 252 So. 3d 1130 (Florida 2018) (ordering the search of litigant and seizure of money; misrepresenting facts about campaign opponent; publicly pledging not to hold any statute unconstitutional; holding first appearance hearings without counsel present one Memorial Day weekend) (10/18) Inquiry Concerning Stokes, 821 S.E.2d 343 (Georgia 2018) (habitual tardiness and excessive absenteeism) (12/18) In re Langford, Agreed order of suspension (Kentucky Judicial Conduct Commission April 2, 2018) (https://courts.ky.gov/commissionscommittees/JCC/Documents/Public_Information/AgreedOrderLangford.pdf) (use of inmates and publicly owned equipment in reconstruction of church; personally observing community services work and signing documents verifying community services work; ankle monitoring program; failure to decide motion for 3 years; failure to decide motions for shock probation within statutory time limit; employing probationer to work on property) (4/18) In re Humke, Stipulation and order of consent to discipline (Nevada Commission on Judicial Discipline June 8, 2018) (https://tinyurl.com/ydxk27ho) (failing to supervise judicial assistant, failing to cooperate with other judges and court staff by hiring judicial assistant, failing to perform administrative duties and answer phone when “on call,” and failing to timely respond to Commission’s investigator) (6/18) In the Matter of Kline, Determination (New York State Commission on Judicial Conduct December 26, 2017) (http://www.cjc.ny.gov/Determinations/K/Kline.Joan.M.%202017.12.26.DET.pdf) (undermining right to counsel in 3 cases, conveying appearance of bias, eliciting incriminatory responses from defendant at arraignment, making discourteous comments, destroying court records without authorization, and holding extra-judicial positions incompatible with judicial office) (6/18)

Page 12: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

12

In re Henderson, 812 S.E.2d 826 (North Carolina 2018) (failing to issue ruling for more than 2 years, failing to respond to inquiries) (6/18) In re Chapman, 819 S.E.2d 346 (North Carolina 2018) (more than 5-year delay ruling on motion for permanent child support) (10/18) Disciplinary Counsel v. Dunn (Ohio Supreme Court October 24, 2018) (http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2018/2018-Ohio-4283.pdf) (failing to accurately report work hours and leave on time card) (10/18) Disciplinary Counsel v. Wochna (Ohio Supreme Court November 8, 2018) (http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2018/2018-Ohio-4492.pdf) (failing to accurately report work hours) (12/18) In the Matter of Pauley, Order (West Virginia Supreme Court of Appeal January 3, 2018) (legally insufficient emergency protective order; leaving before shift ended; entering order in case assigned to another magistrate) (2/18)

ADMINISTRATIVE ISSUES In the Matter of Kelly, Final judgment (Alabama Court of the Judiciary May 11, 2018) (http://judicial.alabama.gov/docs/judiciary/COJ50FINALJUDGMENT.pdf) (unreasonable and unjustifiable delay in managing family court docket) (6/18) In the Matter of Roberts, Order (Arizona Supreme Court August 28, 2018) (https://www.azcourts.gov/portals/137/reports/2017/17-084.pdf) (permitting bailiff to work for court service providers) (8/18) Public Admonishment of Hiroshige (California Commission on Judicial Performance October 24, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/10/Hiroshige_Pub_Adm_10-24-18.pdf) (delegating responsibility to conduct case management conferences to clerk) (10/18) In re Langford, Agreed order of suspension (Kentucky Judicial Conduct Commission April 2, 2018) (https://courts.ky.gov/commissionscommittees/JCC/Documents/Public_Information/AgreedOrderLangford.pdf) (use of inmates and publicly owned equipment in reconstruction of church; personally observing community services work and signing documents verifying community services work; ankle monitoring program; failure to decide motion for 3 years; failure to decide motions for shock probation within statutory time limit; employing probationer to work on property) (4/18)

Page 13: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

13

In the Matter of Gunter, Stipulation, order of consent, and agreement (Nevada Commission on Judicial Discipline May 18, 2018) (https://tinyurl.com/ydbk3lhe) (inattention to administrative duties, failing to supervise staff and oversee daily operation of court) (6/18) In the Matter of Skinner, Determination (New York State Commission on Judicial Conduct June 26, 2018) (http://www.cjc.ny.gov/Determinations/S/Skinner.John.M.2018.06.26.DET.pdf) (mishandling small claims action and failing to mechanically record court proceedings) (8/18) In the Matter of McDermott, Determination (New York State Commission on Judicial Conduct December 12, 2018) (http://www.cjc.ny.gov/Determinations/M/McDermott.James.P.2018.12.12.DET.pdf ) (failing to account for over $15,000 in court funds or promptly remit funds and accumulating unidentified surplus funds in court bank account) (12/18) Inquiry Concerning Day, 413 P.3d 907 (Oregon 2018) (false statement during investigation; out-of-court contacts with probationer in veterans treatment court; false statement to presiding judge; same-sex couple marriage; re-investigating complaint) (4/18)

APPOINTMENTS In the Matter Concerning Johnson, Decision and order (California Commission on Judicial Performance January 16, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/01/JohnsonEW_Pub_Adm_Stip_1-16-18.pdf) (material misrepresentation during prior investigation; improperly using court credit card; frequently arriving to court late; revising local court rules without notice and opportunity to comment; appointing former law partner to represent conservatee) (2/18)

IMPROPER USE OF COURT RESOURCES In the Matter Concerning Johnson, Decision and order (California Commission on Judicial Performance January 16, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/01/JohnsonEW_Pub_Adm_Stip_1-16-18.pdf) (material misrepresentation during prior investigation; improperly using court credit card; frequently arriving to court late; revising local court rules without notice and opportunity to comment; appointing former law partner to represent conservatee) (2/18) Inquiry Concerning Boone (Kansas Commission on Judicial Qualifications January 29, 2018) (using official letterhead for personal business) (2/18)

Page 14: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

14

In re Langford, Agreed order of suspension (Kentucky Judicial Conduct Commission April 2, 2018) (https://courts.ky.gov/commissionscommittees/JCC/Documents/Public_Information/AgreedOrderLangford.pdf) (use of inmates and publicly owned equipment in reconstruction of church; personally observing community services work and signing documents verifying community services work; ankle monitoring program; failure to decide motion for 3 years; failure to decide motions for shock probation within statutory time limit; employing probationer to work on property) (4/18) In the Matter of Castaneda, Order (New Mexico Supreme Court February 12, 2018) (https://tinyurl.com/y8ogwu45) (using state-owned equipment and court e-mail address to receive and forward offensive, degrading, pornographic, racist, and sexist e-mail, to conduct personal business, and to communicate about political and religious activities) (2/18)

TREATMENT OF STAFF Public Reprimand of Jasso and Order of Additional Education (Texas State Commission on Judicial Conduct April 18, 2018) (http://www.scjc.state.tx.us/media/46671/jasso16-0559-jpand17-0416-jppubrepoae4-19-18.pdf) (hiring woman with whom he had an intimate relationship and making inappropriate comments about her during office hours; issuing amended judgment without notice; setting appeal bond over amount specified by rule) (4/18) In re Kathren, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct December 7, 2018) (https://www.cjc.state.wa.us/materials/activity/public_actions/2018/8895FinalStip.pdf) (responding “nine inches” after clerk stated to him, “I have a question for you”) (12/18)

SAME-SEX MARRIAGE Inquiry Concerning Day, 413 P.3d 907 (Oregon 2018) (false statement during investigation; out-of-court contacts with probationer in veterans treatment court; false statement to presiding judge; same-sex couple marriage; re-investigating complaint) (4/18)

PUBLIC COMMENT ON PENDING CASE In the Matter Concerning Lord, Decision and order imposing public admonishment (California Commission on Judicial Performance April 11, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/04/Lord_DO_Pub_Adm_4-11-18.pdf) (commenting publicly to reporter about domestic violence case, discourteous remark about victim) (4/18)

Page 15: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

15

SPEECH Public Admonishment of Bias (West Virginia Judicial Investigation Commission March 1, 2017) (criticizing pre-trial/bond review program and judge on radio program, ex parte communications with public defender, banning complainant from courtroom) (2/18)

CHALLENGE TO CANONS Parker v. Judicial Inquiry Commission, 295 F. Supp.3d 1292, permanent injunction entered pursuant to agreement, (U.S. District Court for the Middle District of Alabama 2018 May 30, 2018) (http://lc.org/PDFs/Attachments2PRsLAs/2018/053118ParkerAgreedPIandJudgment.pdf) (public comment canon) (4/18) Platt v. Board of Commissioners on Grievances and Discipline, 894 F.3d 235 (6th Circuit 2018) (constitutional challenge to prohibitions on giving speeches on behalf of parties or candidate, publicly endorsing or opposing candidates personally soliciting campaign contributions, creating window for soliciting and receiving campaign contributions) (6/18)

SOCIAL MEDIA Urie, Order (Arizona Commission on Judicial Conduct June 12, 2018) (http://www.azcourts.gov/portals/137/reports/2018/18-119.pdf) (mocking litigant in posts on Facebook page) (6/18) In the Matter Concerning Gianquinto, Decision and order (California Commission on Judicial Performance August 22, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/08/Gianquinto_DO_Censure_8-22-18.pdf) (Facebook posts and reposts; representing that he had taken posts down when that was not true) (8/18) In re the Matter of McLaughlin, Agreed order of public reprimand (Kentucky Judicial Conduct Commission June 12, 2018) (https://courts.ky.gov/commissionscommittees/JCC/Documents/Public_Information/PublicReprimandMcLaughlin061218.pdf) (sharing news story on Facebook account with comment) (6/18) In the Matter of Fisher, Determination (New York State Commission on Judicial Conduct June 26, 2018) (http://www.cjc.ny.gov/Determinations/F/Fisher.William.J.2018.06.26.DET.pdf) (entering property without owner's permission, taking photographs, posting photos on Facebook with disparaging comments about owner, failing to remove post despite assuring Commission he would) (6/18)

Page 16: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

16

Public Reprimand of Burkeen (Texas State Commission on Judicial Conduct February 21, 2018) (http://www.scjc.state.tx.us/media/46666/burkeen17-0381-copubrepwebsite.pdf) (meme endorsing extermination of Muslims, statements “railing” against liberals) (2/18)

Public Reprimand of Lopez (Texas State Commission on Judicial Conduct June 6, 2018) (http://www.scjc.state.tx.us/media/46679/lopezleonel16-0513-muand16-0540-mufinalpubrep6618.pdf) (posting campaign advertisements for other candidates on Facebook page and sitting in campaign tent of candidates) (6/18)

Public Admonition of Metts (Texas State Commission on Judicial Conduct October 3, 2018) (http://www.scjc.state.tx.us/media/46701/metts17-1329-copubadm10318.pdf) (organizing school supply drive using court staff and advertising it in Facebook posts, soliciting donations to individual in Facebook post, advertising donation of rifle to charitable organization’s raffle in a Facebook post) (10/18)

In re Svaren, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct December 7, 2018) (https://www.cjc.state.wa.us/materials/activity/public_actions/2018/8348FinalStip.pdf) (Facebook post encouraging people to attend charity pancake feed) (12/18) In re Yu, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct December 7, 2018) (https://www.cjc.state.wa.us/materials/activity/public_actions/2018/8960FinalStip.pdf) (2 posts soliciting support for non-profit organizations) (12/18)

SEXUAL MISCONDUCT Inquiry Concerning Yeoman, Order (Kansas Commission on Judicial Qualifications February 7, 2018) (offensive and demeaning verbal and/or physical conduct toward female court reporters) (2/18) In re Estes, Order (Massachusetts Supreme Judicial Court May 24, 2018) (https://tinyurl.com/ybtgguwt) (sexual relationship with member of drug court team) (6/18) Public Reprimand of Berry and Order of Additional Education (Texas State Commission on Judicial Conduct February 21, 2018) (https://tinyurl.com/y8xabvtu) (intimate relationship with prosecutor) (2/18) Public Reprimand of Williams (Texas State Commission on Judicial Conduct December 14, 2018) (http://www.scjc.state.tx.us/media/46709/gwilliams17-1488etalpublicrep121418.pdf) (inappropriately touching another judge and 2 court clerks at a social function and sending the

Page 17: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

17

other judge offensive text message; disparaging comments about district attorney’s office in court) (12/18)

ATTEMPTING TO OBTAIN FAVORABLE TREATMENT OFF-BENCH Inquiry Concerning White-Labora, 257 So.3d 367 (Florida 2018) (character reference letter for criminal defendant) (12/18) In re Steigman (Illinois Courts Commission August 13, 2018) (https://tinyurl.com/y9u3gkxt) (soliciting paid speaking engagements using judicial position) (8/18) Inquiry Concerning Boone (Kansas Commission on Judicial Qualifications January 29, 2018) (using official letterhead for personal business) (2/18) In the Matter of Benitez, Order (New Jersey Supreme Court September 6, 2018) (https://www.njcourts.gov/attorneys/assets/acjc/BenitezOrder.pdf) (referring to judicial status during encounter with state troopers) (10/18) In the Matter of Wright, Order (New Jersey Supreme Court September 21, 2018) (https://www.njcourts.gov/attorneys/assets/acjc/WrightCOrder.pdf) (involvement in scheduling and processing of friend’s case) (10/18) In the Matter of Benitez, Order (New Jersey Supreme Court September 6, 2018) (https://www.njcourts.gov/attorneys/assets/acjc/BenitezOrder.pdf) (reference to judicial status during encounter with state troopers) (10/18) In the Matter of Palmer, Order (New Jersey Supreme Court November 8, 2018) (https://www.njcourts.gov/attorneys/assets/acjc/PalmerOrder.pdf) (identifying self as judge to court personnel when disputing child support payments) (12/18) In the Matter of Astacio, 112 N.E.3d 851 (New York 2018) (http://www.cjc.ny.gov/Determinations/A/Astacio.COA.Decision.2018-10-16.pdf) (operating vehicle while under the influence of alcohol; asserting position to avoid arrest; violating terms of conditional discharge; arraigning former client; discourteous comments in 3 cases) (10/18), accepting, In the Matter of Astacio, Determination (New York State Commission on Judicial Conduct April 23, 2018) (https://tinyurl.com/ycw2ngqk) (4/18) In the Matter of Michels, Determination (New York State Commission on Judicial Conduct December 27, 2018) (http://www.cjc.ny.gov/Determinations/M/Michels.Shari.R.2018.12.27.DET.pdf) (identifying herself as judge after hitting police van) (12/18)

Page 18: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

18

Public Reprimand of English and Order of Additional Education (Texas State Commission on Judicial Conduct February 8, 2018) (https://tinyurl.com/yacgdstb) (letter on official letterhead in public nuisance case filed by brother) (2/18) In re Roach, Judgment and public admonition (Texas Special Court of Review July 24, 2018) (http://www.scjc.texas.gov/media/46686/roach18-0006judgmentandopinion.pdf) (referencing judicial title and position to promote project) (8/18)

PERSONAL CONDUCT Letter of Admonishment to O’Hern (Arkansas Commission Judicial Discipline & Disability November 16, 2018) (http://jddc.publishpath.com/Websites/jddc/images/pdf/Press%20Release/Press%20Release%2011-16-18.pdf) (bag of methamphetamine found in hotel room judge-elect shared with woman) (12/18) In re Sachse, 240 So. 3d 170 (Louisiana 2018) (stalking and harassing ex-wife) (4/18) In the Matter of Wright, Public reprimand (Maryland Commission on Judicial Disabilities September 24, 2018) (https://www.mdcourts.gov/sites/default/files/import/cjd/pdfs/cjd2016148wrightreprimand.pdf) (failing to disclose private reprimand on application for open judicial seat) (10/18)

In the Matter of Kline, Determination (New York State Commission on Judicial Conduct December 26, 2017) (http://www.cjc.ny.gov/Determinations/K/Kline.Joan.M.%202017.12.26.DET.pdf) (undermining right to counsel in 3 cases, conveying appearance of bias, eliciting incriminatory responses from defendant at arraignment, making discourteous comments, destroying court records without authorization, and holding extra-judicial positions incompatible with judicial office) (6/18)

In re Svaren, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct December 7, 2018) (https://www.cjc.state.wa.us/materials/activity/public_actions/2018/8348FinalStip.pdf) (Facebook post encouraging people to attend charity pancake feed) (12/18) In re Yu, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct December 7, 2018) (https://www.cjc.state.wa.us/materials/activity/public_actions/2018/8960FinalStip.pdf) (2 posts soliciting support for non-profit organizations) (12/18)

CRIMINAL CONDUCT

Page 19: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

19

In the Matter of Moore, Order (New Hampshire Supreme Court July 5 2018) (http://www.nhattyreg.org/assets/1531143768.pdf) (disbarring former judge based on conviction on charges of fraud pursuant to guilty plea) (8/18) Office of Disciplinary Counsel v. Pozonsky, 177 A.3d 830 (Pennsylvania 2018) (stealing cocaine from evidence locker and using it) (2/18) In re Jennings, Opinion (Pennsylvania Court of Judicial Discipline July 18 & December 19, 2018) (https://tinyurl.com/yb74acky) (demanding constables contribute to re-election campaign) (12/18) In re Tynes, Order (Pennsylvania Supreme Court January 8, 2018) (http://www.pacourts.us/assets/opinions/Supreme/out/order%20%20affirmed%20%2010339441031861909.pdf#search=%22tynes%20%27Supreme%2bCourt%27%22) (false testimony before federal grand jury; accepting improper influence) (12/18), affirming, In re Tynes, Opinion (November 15, 2016), Order (December 16, 2016) (http://www.pacourts.us/courts/court-of-judicial-discipline/court-cases/former-philadelphia-traffic-court-judge-thomasine-tynes-7-jd-15) (12/16) In the Matter of Drose, 815 S.E.2d 760 (South Carolina 2018) (arrest for possession of oxycodone) (6/18)

DRIVING WHILE INTOXICATED In the Matter of Atwal, Public reprimand (Minnesota Board on Judicial Standards May 30, 2018) (http://www.bjs.state.mn.us/file/news/1801-09-10-news-release-and-public-reprimand.pdf) (driving while impaired and identifying as judge to arresting officer) (6/18) In the Matter of Astacio, 112 N.E.3d 851 (New York 2018) (http://www.cjc.ny.gov/Determinations/A/Astacio.COA.Decision.2018-10-16.pdf) (operating vehicle while under the influence of alcohol; asserting position to avoid arrest; violating terms of conditional discharge; arraigning former client; discourteous comments in 3 cases) (10/18), accepting, In the Matter of Astacio, Determination (New York State Commission on Judicial Conduct April 23, 2018) (https://tinyurl.com/ycw2ngqk) (4/18) In re Shipley, 811 S.E.2d 556 (North Carolina 2018) (4/18) In re Tanner, Stipulation, agreement, and order (Washington State Commission on Judicial Conduct December 7, 2018) (https://www.cjc.state.wa.us/materials/activity/public_actions/2018/8889FinalStip.pdf) (DUI) (12/18)

Page 20: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

20

CAMPAIGN CONDUCT Inquiry Concerning DuPont, 252 So. 3d 1130 (Florida 2018) (ordering the search of litigant and seizure of money; misrepresenting facts about campaign opponent; publicly pledging not to hold any statute unconstitutional; holding first appearance hearings without counsel present one Memorial Day weekend) (10/18)

Inquiry Concerning Santino, 257 So.3d 25 (Florida 2018) (false and misleading statements about opponent) (10/18)

In the Matter of Almase, Findings of fact, conclusions of law, and imposition of discipline (Nevada Commission on Judicial Discipline October 22, 2018) (https://tinyurl.com/y865qdxy) (photoshopped picture and comment on campaign Facebook page) (10/18)

Public Warning of Martin and Order of Additional Education (Texas State Commission on Judicial Conduct December 20, 2018) (http://www.scjc.state.tx.us/media/46711/martin18-08181876pubwarnoae122018.pdf) (joint campaign efforts with another judge) (12/18)

Public Warning of Cooks and Order of Additional Education (Texas State Commission on Judicial Conduct December 20, 2018) (http://www.scjc.state.tx.us/media/46710/cooks18-081918-0877pubwarnoae122018.pdf) (joint campaign efforts with another judge) (12/18)

POLITICAL CONDUCT Public Reprimand of Lopez (Texas State Commission on Judicial Conduct June 6, 2018) (http://www.scjc.state.tx.us/media/46679/lopezleonel16-0513-muand16-0540-mufinalpubrep6618.pdf) (posting campaign advertisements for other candidates on Facebook page and sitting in campaign tent of candidates) (6/18) Public Warning of Duhon (Texas State Commission on Judicial Conduct June 28, 2018) (http://www.scjc.state.tx.us/media/46681/duhon17-1259-copubwarn62818.pdf) (participating in joint campaign fund-raising event with district attorney) (6/18) Public Warning of Cano (Texas State Commission on Judicial Conduct December 13, 2018) (http://www.scjc.state.tx.us/media/46707/cano18-0992finalpubwarn121318.pdf) (authorizing use of name, title, and likeness on campaign mailer for state senate candidate) (12/18)

ATTORNEY DISCIPLINE

Page 21: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

21

Office of Disciplinary Counsel v. Pozonsky, 177 A.3d 830 (Pennsylvania 2018) (stealing cocaine from evidence locker and using it) (2/18) In the Matter of Pomrenke, Agreed disposition memorandum order nine-month suspension without terms (Virginia State Bar Disciplinary Board November 27, 2018) (https://tinyurl.com/ybo4fpgs) (attorney discipline for disclosing confidential discovery material from wife’s criminal trial while judge) (12/18)

CONDUCT AS ATTORNEY Letter to Boyd (Tennessee Board of Judicial Conduct January 11, 2018) (http://www.tsc.state.tn.us/sites/default/files/docs/boyd_-_bjc_reprimand_letter_adm2018-00012.pdf) (failing to timely file petition for client and making false statements to client and/or her daughters) (2/18)

CONDUCT IN COMMISSION PROCEEDINGS In the Matter Concerning Johnson, Decision and order (California Commission on Judicial Performance January 16, 2018) (https://cjp.ca.gov/wp-content/uploads/sites/40/2018/01/JohnsonEW_Pub_Adm_Stip_1-16-18.pdf) (material misrepresentation during prior investigation; improperly using court credit card; frequently arriving to court late; revising local court rules without notice and opportunity to comment; appointing former law partner to represent conservatee) (2/18) In re Humke, Stipulation and order of consent to discipline (Nevada Commission on Judicial Discipline June 8, 2018) (https://tinyurl.com/ydxk27ho) (failing to supervise judicial assistant, failing to cooperate with other judges and court staff by hiring judicial assistant, failing to perform administrative duties and answer phone when “on call,” and failing to timely respond to Commission’s investigator) (6/18) In the Matter of O’Connor, 112 N.E.3d 317 (New York 2018) (acting impatiently, raising voice, and making demeaning and insulting remarks, often in open court; striking witness testimony and dismissing petitions because counsel reflexively used “okay;” awarding counsel fees without providing opportunity to be heard; failing to cooperate with Commission) (10/18), accepting, In the Matter of O’Connor, Determination (New York State Commission on Judicial Conduct March 30, 2018) (http://www.cjc.ny.gov/Determinations/O/O'Connor.Terrence.C.2018.03.30.DET.pdf) (4/18) Inquiry Concerning Day, 413 P.3d 907 (Oregon 2018) (false statement during investigation; out-of-court contacts with probationer in veterans treatment court; false statement to presiding judge; same-sex couple marriage; re-investigating complaint) (4/18)

Page 22: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

22

In re Tidd, Opinion (December 15, 2017), Opinion (Pennsylvania Court of Judicial Discipline April 4, 2018) (http://www.pacourts.us/courts/court-of-judicial-discipline/court-cases/former-magisterial-district-judge-david-w-tidd) (angrily confronting court staff about complaints to Judicial Conduct Board) (4/18)

COMMISSION PROCEDURES In the Matter of White, 181 A.3d 750 (Maryland 2018) (commission’s failure to follow rules) (4/18)

Inquiry Concerning Day, 413 P.3d 907 (Oregon 2018) (false statement during investigation; out-of-court contacts with probationer in veterans treatment court; false statement to presiding judge; same-sex couple marriage; re-investigating complaint) (4/18)

CLOSED CASE (RESIGNATION/RETIREMENT IN LIEU OF DISCIPLINE) Robinson, Order (Arizona Commission on Judicial Conduct January 31, 2018) (https://www.azcourts.gov/portals/137/reports/2017/17-262.pdf) (12/18) In re Todd, Report of disposition (Georgia Judicial Qualifications Commission January 4, 2018) (http://www.gajqc.com/news.cfm) (2/18) In the Matter of Shoulders, Stipulation and agreement for resolution of investigation (Indiana Commission on Judicial Qualifications May 2, 2018) (https://www.in.gov/judiciary/jud-qual/files/jud-qual-shoulders-agreement.pdf) (6/18) In the Matter of Dominguez, Order (New Mexico Supreme Court October 29, 2018) (http://www.nmjsc.org/wp-content/uploads/2018/10/2018-019-SCT-Ord-Granting-Pet-to-Resign-29Oct2018.pdf) (10/18) In the Matter of Soriano, Order (New Mexico Supreme Court December 3, 2018) (http://www.nmjsc.org/wp-content/uploads/2019/01/37346-Order-Granting-Petition.pdf) (12/18) In the Matter of Castine, Decision and order (New York State Commission on Judicial Conduct February 5, 2018) (http://www.cjc.ny.gov/Determinations/C/Castine.htm) (2/18) In the Matter of LaFave, Decision and order (New York State Commission on Judicial Conduct April 12, 2018) (http://www.cjc.ny.gov/Determinations/L/Lafave.htm) (4/18)

Page 23: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

23

In the Matter of Sherwood, Decision and order (New York State Commission on Judicial Conduct April 12, 2018) (http://www.cjc.ny.gov/Determinations/S/Sherwood.htm) (4/18) In the Matter of Kline, Decision and order (New York State Commission on Judicial Conduct June 13, 2018) (http://www.cjc.ny.gov/Determinations/K/Kline.Joan.M.2.htm) (6/18) In the Matter of Siegel, Decision and order (New York State Commission on Judicial Conduct June 14, 2018) (http://www.cjc.ny.gov/Determinations/S/Siegel.Deanna.html) (6/18) In the Matter of Brooks, Decision and order (New York State Commission on Judicial Conduct June 13, 2018) (http://www.cjc.ny.gov/Determinations/B/Brooks.Thomas.P.2.htm) (6/18) In the Matter of Tilney, Decision and order (New York State Commission on Judicial Conduct June 13, 2018) (http://www.cjc.ny.gov/Determinations/T/Tilney.htm) (10/18) In the Matter of Martin, Decision and order (New York State Commission on Judicial Conduct September 17, 2018) (http://www.cjc.ny.gov/Determinations/M/Martin.Erika.htm) (10/18) In the Matter of Crofoot, Decision and order (New York State Commission on Judicial Conduct October 26, 2018) (http://www.cjc.ny.gov/Determinations/C/Crofoot.Rennee.htm) (10/18) In the Matter of Lustyik, Decision and order (New York State Commission on Judicial Conduct October 26, 2018) (http://www.cjc.ny.gov/Determinations/L/Lustyik(2).htm) (10/18) In the Matter of Hallett, Decision and order (New York State Commission on Judicial Conduct June 13, 2018) (http://www.cjc.ny.gov/Determinations/H/Hallett.htm) (12/18) In the Matter of Scolton, Decision and order (New York State Commission on Judicial Conduct December 6, 2018) (http://cjc.ny.gov/Determinations/S/Scolton.Bruce.htm) (12/18) State of Oklahoma ex rel. Combs v. DeLapp, Final order (Oklahoma Court on the Judiciary August 22, 2018) (http://journalrecord.com/files/2018/08/OklahomaVsDeLapp_CJTD-2018-1_08222018.pdf) (12/18) Peyton, Voluntary agreement to resign from judicial office in lieu of disciplinary action (Texas State Commission on Judicial Conduct January 26, 2018) (http://www.scjc.state.tx.us/media/46659/peyton-resignation-agreement-signed.pdf) (2/18) Burkeen, Voluntary agreement to resign from judicial office in lieu of disciplinary action (Texas State Commission on Judicial Conduct March 29, 2018) (https://tinyurl.com/yd7a9mmg) (4/18) Leal, Voluntary agreement to resign from judicial office in lieu of disciplinary action (Texas State Commission on Judicial Conduct February 13, 2018) (https://tinyurl.com/y9c5ynvz) (4/18)

Page 24: Judicial Discipline Decision Index 2018 Index Through December · 2020. 6. 12. · 3 defendant at arraignment, making discourteous comments, destroying court records without authorization,

24

Green, Voluntary agreement to resign from judicial office in lieu of disciplinary action (Texas State Commission on Judicial Conduct April 18, 2018) (http://www.scjc.state.tx.us/media/46673/green-resignation-signed.pdf) (6/18) In re Hitchcock, Stipulation, agreement, and order of dismissal (Washington State Commission on Judicial Conduct May 11, 2018) (https://www.cjc.state.wa.us/materials/activity/public_actions/2018/8460FinalStip.pdf) (6/18) Hicks, Voluntary agreement to resign from judicial office in lieu of disciplinary action (Texas State Commission on Judicial Conduct October 3, 2018) (http://www.scjc.state.tx.us/media/46673/green-resignation-signed.pdf) (10/18)


Recommended