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Judicial Ethics Articles Home
Sanction for relationship with public defender Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct censured a former judge for her intimate relationship with a public defender who practiced before her, presiding over matters in which he appeared, becoming highly intoxicated in front of her court staff and revealing to them details of her sexual encounter with the public defender, trying to mislead the Commission, and suggesting that other potential witnesses withhold relevant information. The judge also agreed not to seek or serve in any position performing judicial functions without first obtaining the express approval from the Commission. In re Hartl, Stipulation, Agreement, and Order (August 1, 2008) (www.cjc.state.wa.us/). Posted 8/22/2008 Click here to see full text.Model Code of Judicial Conduct The ABA Center for Professional Responsibility Policy Implementation Committee has posted charts comparing pending proposals to revise states’ codes of judicial conduct with the Model Code of Judicial Conduct, as amended in February 2007. 11 states have pending proposals: Arkansas, Connecticut, Delaware, Hawaii, Indiana, Kansas, Minnesota, Montana, New Hampshire, Ohio, and Oklahoma. There is also a chart on the status of state review of the code. Posted 8/11/2008 Click here to see full text.Ordering removal of head covering Based on a stipulation and agreement, the Washington State Commission on Judicial Conduct has publicly admonished a judge for requiring a defendant appearing in court in a criminal case to remove a head covering he maintained was for religious purposes. In re Stolz, Stipulation, Agreement, and Order (August 1, 2008) (www.cjc.state.wa.us). Posted 8/3/2008 Click here to see full text.Personally soliciting campaign contributions The Kansas Commission on Judicial Qualifications has ordered a judicial candidate to cease and desist from publicly soliciting campaign contributions; the candidate, who is not an incumbent judge, accepted the order. Inquiry Concerning Davis, Order (July 18, 2008). Posted 7/20/2008 Click here to see full text.Judge permanently disbarred for persistent malfeasance Adopting the findings of the Board of Commissioners on Grievances and Discipline, the Ohio Supreme Court permanently disbarred a judge for (1) attempting to conceal a possible conflict of interest caused by his ownership of a building and to benefit secretly from illegally acquired funds by selling the building to a felon; (2) issuing a press release commenting on the results of a polygraph examination administered to an indicted court employee; (3) failing to disqualify himself from a criminal case against his officer administrator’s son and a foreclosure action against the office administrator and her husband; (4) mishandling the estates of his uncle and cousin; and (5) suspending the balance of a defendant’s sentence at the request of a friend. Disciplinary Counsel v. Hoskins (July 7, 2008). Posted 7/15/2008 Click here to see full text.Treatment of potential jurors Based on the recommendation of the Commission on Judicial Qualifications, the Kansas Supreme Court has publicly censured a judge for losing her temper with potential jurors during voir dire in a criminal case. In the Matter of Pilshaw (June 27, 2008). Posted 7/8/2008 Click here to see full text.Judge removed for false statements Based on the findings of three masters, the California Commission on Judicial Performance has removed a judge for deliberately making false and misleading representations concerning her registration and attendance at a judicial education seminar to obtain court funds to which she was not entitled. Inquiry Concerning MacEachern, Decision and Order (June 26, 2008) (cjp.ca.gov/pubdisc.htm). The Commission decision is final unless the judge asks for review by the state supreme court. Posted 7/1/2008 Click here to see full text.Abuse of contempt power Based on an agreed statement of facts and joint recommendation, the New York State Commission on Judicial Conduct has determined that censure was the appropriate sanction for a judge who held litigants in 3 cases in summary contempt in contravention of statutory requirements. In the Matter or Griffin (May 16, 2008) (www.scjc.state.ny.us). Posted 6/24/2008 Click here to see full text.Charitable solicitation Based on a stipulation, the California Commission on Judicial Performance has publicly admonished a former judge for soliciting donations to a fund-raising auction for a charitable organization, selling auction tickets, acting as an auctioneer, and using his judicial secretary and court letterhead for personal matters. In the Matter of Quall, Decision and Order (June 2, 2008) (cjp.ca.gov/pubdisc.htm). Posted 6/17/2008 Click here to see full text.Removal for revocation of recognizance release The New York Court of Appeals has accepted the determination of the State Commission on Judicial Conduct that a judge be removed from office for revoking the recognizance release of 46 defendants when no one took responsibility for a ringing cell phone. In the Matter of Restaino (June 5, 2008) Posted 6/10/2008 Click here to see full text. |
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