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 presided over a criminal case involving a defendant charged with multiple felony drug offenses. The judge had a personal relationship with the defendant's attorney, which created an appearance of bias. Despite acknowledging this conflict, the judge initially failed to recuse himself, later recused, and then improperly revoked the recusal to reassert jurisdiction over the case. The judge's actions raised concerns about impartiality, ex parte communications, and violations of judicial ethics (paras 4-11).
Procedural History
- Judicial Standards Commission, November 2, 2005: The Commission filed a petition for discipline upon stipulation, which was remanded for further proceedings due to disputes over findings of fact and conclusions of law (para 1).
- Judicial Standards Commission, post-remand: The Commission amended its notice of formal proceedings to include additional allegations of misconduct, which remain pending (para 2).
Parties' Submissions
- Judicial Standards Commission: Argued that the judge's conduct violated multiple provisions of the Code of Judicial Conduct, including failing to recuse himself despite a clear appearance of bias, engaging in ex parte communications, and improperly reasserting jurisdiction over the case (paras 12-15).
- Respondent (Judge): Admitted to the violations and conceded that his actions constituted willful misconduct, including creating an appearance of impropriety and breaching ethical duties (paras 12, 14).
Legal Issues
- Did the judge's conduct violate the Code of Judicial Conduct by failing to recuse himself despite an appearance of bias?
- Did the judge's actions, including ex parte communications and revoking his recusal, constitute willful misconduct in office?
Disposition
- The judge was publicly reprimanded and subjected to various disciplinary measures, including suspension, probation, and financial penalties (para 16).
Reasons
Per Chief Justice Richard C. Bosson, Justice Pamela B. Minzner, Justice Patricio M. Serna, Justice Edward L. Chávez, and Judge A. Joseph Alarid (sitting by designation):
The Court found that the judge's conduct violated several provisions of the Code of Judicial Conduct, including failing to recuse himself despite acknowledging an appearance of bias, engaging in ex parte communications, and improperly reasserting jurisdiction over the case. These actions undermined public confidence in the judiciary's integrity and impartiality. The judge's eventual acknowledgment of his misconduct did not mitigate the severity of his ethical breaches. The Court agreed with the stipulated disciplinary measures, emphasizing the importance of upholding judicial standards to preserve the judiciary's integrity (paras 12-16).