This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A district court judge engaged in two incidents of misconduct. In the first, during a juvenile court hearing, the judge raised his voice at a defense attorney, prevented her from making full objections, and admonished her in front of her client (para 3). In the second, the judge used his judicial title and court identification card to identify himself to police officers issuing citations to his son and his son’s friends for public drinking. He later involved his court bailiff in handling the citations and contacted a municipal court judge regarding the case, actions that were deemed improper (paras 4-9).
Procedural History
- Judicial Standards Commission, 2004-097 & 2005-009: Found misconduct by the judge and recommended disciplinary action.
Parties' Submissions
- Judicial Standards Commission: Argued that the judge’s actions violated the Code of Judicial Conduct, including improper courtroom behavior, misuse of judicial office for personal matters, and solicitation of improper actions by his bailiff (paras 11-19).
- Respondent (Judge): Acknowledged the impropriety of his actions, including his courtroom demeanor and use of judicial status in his son’s case, but maintained that his intentions were not to intimidate or seek preferential treatment (paras 4, 11, 16).
Legal Issues
- Did the judge’s conduct in the courtroom violate the Code of Judicial Conduct?
- Did the judge’s actions in his son’s case constitute misuse of judicial office and a breach of ethical obligations?
Disposition
- The judge was formally reprimanded and subjected to disciplinary sanctions, including probation, mentorship, ethics training, and reimbursement of costs (para 19).
Reasons
Per Chief Justice Richard C. Bosson (Minzner, Serna, Maes, and Chavez JJ. concurring):
The judge’s courtroom behavior, including raising his voice and preventing a defense attorney from making objections, violated the Code of Judicial Conduct by failing to maintain decorum and respect for legal proceedings (paras 12-14). His actions in his son’s case, including identifying himself as a judge to police officers, contacting a municipal court judge, and involving his bailiff, were deemed improper and an abuse of judicial office. These actions undermined public confidence in the judiciary and violated ethical standards requiring impartiality and avoidance of impropriety (paras 15-18). The sanctions imposed were deemed appropriate to address these violations and uphold judicial integrity (para 19).