The Exculpatory "No"

Walter Olson at Overlawyered has an interesting article on prosecutions for "lying" contrasting these prosecutions with what used to be called "the exculpatory 'no.'" 

Cuyahoga County Common Pleas judge, Bridgett McCafferty (pic, entering court) was scheduled to be sentenced on her conviction for multiple counts of lying to the FBI.  That sentencing hearing was put off to August--her convictions falls well within this discussion.  As I have said repeatedly, this "disgraced" judge was prosecuted for nothing more than "lying" in and of itself.  She committed no underlying crime apart from stupidity and a breach of ethics. Her lies to the FBI were nothing more than an attempt to deny unethical phone calls she had with her political bosses that asked for favors that in and of themselves appear not to have impacted the outcome of a case she supervised.  McCafferty's career is gone, she lost her law license, and reputation but, of course, that's not enough, the federal prosecutor wants her to spend years in the federal penitentiary. 

Link to Phone Conversations Used to Convict Judge Terry of Corruption

At this link you can listen to the phone conversations re-played in Federal court which were used to convict Cuyahoga County Common Pleas Judge Steven Terry. 

Judge's Bitey Dogs Cost her the Bench



Judge Beatrice Bolton

 A British Judge's "vicious" German Shepherds have cost her, her job, at least for now.  It's probably more accurate to say that the Judge's poor reaction to charges relating to her dogs have cost her, her seat for the time being.  The following is an excerpt from the Daily Mail article:

"A judge who said her conviction for owning a dangerous dog was a 'f****** travesty' has had her pets taken away by police.  Judge Beatrice Bolton, 57, was arrested again after a third alleged attack by the animals in a year.

Last year she told reporters: 'I'll never set foot in a court again,' after being convicted of failing to control her dog.  But it has been revealed that she was questioned and bailed following an alleged incident near her home on the outskirts of Rothbury, Northumberland, last week.

On Wednesday, a 22-year-old man reported being bitten in the leg close to where the judge lives.  Police arrested the judge the same day and took her two German shepherds 'to assure public safety' [ . . . ]
'Police have taken action to assure public safety and these dogs have been removed.'  A police source added: 'Beatrice Bolton was taken to Alnwick Police Station for questioning after the report.
Judge Bolton has not sat at Newcastle Crown Court since December when she was convicted of failing to control her German shepherd bitch Georgina and stormed out of Carlisle Magistrates' Court swearing.

'Dangerous': Judge Beatrice Bolton's dog, Georgina, who bit her neighbours' 20-year-old son, who was sunbathing in the garden which their two properties shared on May 31 last year.

The £140,000-a-year judge starting shouting and wailing during proceedings. Later, as the court adjourned for lunch Judge Bolton emerged from a side room but was clearly still fuming.

She yelled: ‘Do you want a statement? I’ll give you a statement. I have no faith in the justice system whatsoever.  ‘I will never sit in a court of law again. How can he (the magistrate) say that? How can [t]he b***** say that?’

The judge was then ushered back into the side room by her solicitor and family in a desperate attempt to calm her.  She later returned to court and was ordered to apologise for swearing. She muttered: ‘I apologise.’  She was fined £2,500 after Georgina attacked her neighbours' 20-year-old son, who was sunbathing in the garden which their two properties shared on May 31 last year.

Then the Royal Mail suspended deliveries to her home and neighbouring properties in April after postman Kenneth Auld was bitten.  Mr Auld, 52, from Morpeth, received treatment in hospital for an injury to his leg and spent a week off work[.]"

Judge to Prosecutor "Fetch Us Some Coffee, Honey..."

Judge Tim Shea is an old fashioned petty tyrant and sexist pig.  This is an excerpt from Rene Stutzman's report for the Orlando Sentinel can be believe. 

"Time and again Orange-Osceola Circuit Judge Tim Shea publicly insulted and yelled at prosecutors in his courtroom, once asking one woman to get coffee for everyone in the room, according to a formal complaint that accuses him of judicial misconduct.




Judge Tim  Shea

He also sentenced a drug defendant while the man's attorney was in another courtroom, annoyed that the lawyer wasn't present, the complaint says. He told the defendant's father that if he had questions, he could trot upstairs to the other courtroom and track down the missing attorney.
Shea, a judge since 2007, has signed the equivalent of a plea deal with the state agency that polices judges, the Judicial Qualifications Commission, admitting the boorish behavior and agreeing to be punished for it.

He is to appear before the Florida Supreme Court in Tallahassee and be publicly reprimanded.

The [disciplinary] complaint, made public Wednesday, cites nine incidents of misconduct, most involving prosecutors.

Once he screamed so loudly in court that deputes in the hallway outside could hear, according to the complaint.

Another time he came off the bench, red faced and yelling, and physically intimidated a male assistant state attorney, according to the complaint.  But most of the incidents involved female prosecutors, who complained that he yelled, insulted them or made vaguely sexist insults.

One of his most frequent targets was Assistant State Attorney Camelia Coward.

Once, when [prosecutor Coward] made no plea offer in a case, he made one on her behalf, saying his intent was 'teaching her a lesson,' according to the complaint.  Another time, when she came into his court to help another assistant state attorney, he asked why she had appeared then suggested she 'run down and get all of us some coffee.'

Another time, after a sidebar during which she had made an argument, Shea made his hand into the shape of a talking mouth and told the other attorney - a man - it's best to let a woman 'just talk until she's finished' then do whatever you want He made the same comment about Coward a week later in open court with attorneys, witnesses and members of the public present.

Shea [ . . . ] told the panel that he did not realize he was offending people and would stop. Since then, there have been no other reported outbursts, according to the JQC.

That didn't keep the agency from formally charging him with misconduct. He did not contest its findings.   The Florida Supreme Court must approve Shea's plea deal with the JQC. If it accepts, it will then schedule the public reprimand."
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The plea deal in this guy's situation is quite a deal. 

Here's a judge who is not only insulting but by his negotiating plea deals when the prosecutor doesn't make an offer, Judge Shea is impermissibly stepping out of his role as judge.  This kind of thing would cost most judges in most states a good deal more than a reprimand.

Judge Sharon "Killer" Keller: "I Won!"

Mary Alice Robbins at Texas Lawyer (a publication of Law.com) has this interview with Texas Criminal Court of Appeals Chief Judge, Sharon Keller, who proclaims herself completely exonerated following the eleventh-hour dismissal of ethics charges.  The charges against Keller included, Judge Keller's refusal to hold open the clerk's office for the late-filing of a motion to stay of execution of a Texas death row inmate executed later that evening. 

As you will recall Judge Keller had an appliance repairman to attend to; while the ;lawyers for the late Michael Richard's lawyers' struggled with balky technology, occasioning their late arrival at the clerk's office. 

Dante describes a place where judges like Sharon Keller will find themselves, if not in reality, metaphorically, Judge Keller is already there.  I wouldn't be surprised based on the remarks to the reporter from Texas Lawyer, that Judge Keller already knows.

A Really Bad Judge, Revealed

Various websites are noting that "Judge Judy" a faux-small law court "reality" show has surpassed Oprah in the ratings.  The "Judge" on Judge Judy makes beau coup bucks (millions), for her really obnoxious and disrespectful take on "judging."  Now a wanna-be "Judge Judy" has been revealed to have turned her courtroom into an audition studio.  The extended account from Greg Moran at the San Diego Union-Tribune is pretty surprising:

The 21-page complaint the Commission on Judicial Performance has brought against San Diego Superior Court Judge DeAnn M. Salcido itemizes more than three dozen instances of what it contends is a “pattern of misconduct” and abuse of authority.  At times, Salcido led the court’s audience in chanting slogans and regularly mocked a defense attorney who appeared before her, according to the commission, which is charged with disciplining judges.

The allegations span from January 2009 to March of this year, though many of them concern a single day — May 1, 2009 — when she used her El Cajon courtroom to film an audition for a “Judge Judy”-type reality television program.  She arranged for a television production crew to film her in session for the possible reality show, going so far as to arrange her calendar to 'line up' the most interesting cases for that day, the commission says.

The commission, which filed its complaint last week, has given Salcido 20 days to respond to the allegations in writing. A public hearing on the case, with testimony and witnesses, could be held in the coming months. She ultimately could be removed from office.  In her only public comments so far, Salcido released a statement on Thursday saying that her 'style' on the bench is different, employing humor and  'tough love' on those who come before her. She also offered a hint of what may be part of her defense.

'I believe the time is now ripe for our judicial system to begin examining whether the traditional demeanor and approach of the judiciary is the best means for accomplishing justice, particularly in a rapidly changing world with a culturally diverse population,' Salcido said.

The commission’s complaint lists 17 times when Salcido’s conduct and comments crossed into misconduct on the day of the audition taping. They include:

• When a lawyer asked for a moment to consult with his client, Salcido asked the audience, Does he need to call the lifeline? Try to tell him let’s make a deal. I think he needs to call the lifeline. Yeah. Want to poll the audience? What should he do? Take the deal, take the deal, take the deal.'  'The lawyer then said his client was opting to enroll in a court probation program instead of going to jail for 60 days, because he was the only person who could take care of his 75-year-old ailing mother.  'Then God help her,' Salcido said.

• A defendant with mental health problems had been hearing voices. 'Okay. And we talked, right?' Salcido said, according to the complaint. 'You’re going to tell me if they say, ‘hurt the judge, hurt the judge.’

• On two occasions, she asked the audience to repeat in unison a slogan — 'Do or do not, there is no try' — when defendants were speaking to her. The phrase is posted in her courtroom.

• Salcido asked the audience to chant 'woo, woo' during the videotaping. They obliged.

The complaint also gives examples from other days of Salcido’s courtroom commentary, including:

• Three times she made disparaging remarks about Deputy Public Defender Richard Longman. She called him 'the slowest public defender we have in the courthouse.' Salcido told the father of one client, He’s named Mr. Longman' for a reason.'

The complaint says that Salcido’s negative comments about Longman 'created the appearance' of discouraging a defendant’s legal right to consult with a lawyer.   Longman was out of the office Monday and not available for comment. Chief Deputy Public Defender Randy Mize declined to speak about Salcido’s comment regarding Longman because it is part of the pending case before judicial commission. 'We were aware of it,' Mize said.

• A defendant came to court wearing an Oakland Raiders jersey. Salcido, an avid Chargers fan, asked him which door he wanted to use to leave. The choices were the 'Chargers door,' used by the public to enter and exit the court, or the 'Raiders door,' which is where people sentenced to jail leave the courtroom.  Salcido asked a woman in the courtroom who was with the man if she thought he was 'smart' coming to her court in a Raiders jersey.  'No?' Salcido said. 'What does that say about you … and the kind of men you pick?

• When a defendant accidentally called her 'sir,' Salcido pushed herself away from the bench while still in her chair and said, 'Do these look like the clothes of a sir?” She then raised her leg above the bench, held her leg by the ankle, and said, 'Do these look like the boots of a sir?'

• She ripped up a letter from a doctor that was provided by a lawyer for a woman who could not make her court date because she was pregnant, out of state and not allowed to fly.

• Salcido had a woman taken into custody for a brief period of time for contempt of court, ordering deputies to put her in the court holding tank because she believed the woman was being disrespectful, without first holding a hearing as required.

Mario Conte, a law professor at California Western School of Law and a former defense lawyer, said that some judges can be eccentric and irreverent, and each judge runs a courtroom in a different way.   'At times a good sense of humor to liven things up and relax things can be a wonderful thing for a judge to have,' he said, especially in high-volume courtrooms with full daily calendars.   But the jokes can’t be made at the expense of clients or lawyers, Conte said.  'You have to treat people with respect, he said. 'You can’t use them as a prop for humor.''

He would not say if Salcido had overstepped the bounds because the case is pending and he had not read her side of the events. But he was troubled by the allegations.  If a judge is doing certain things in order to get on a TV program, I think that is objectionable,' Conte said.  If the allegations are found to be true after the commission’s hearing, Salcido faces a spectrum of punishment — from formal admonishment to public censure to removal from office.
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I once dated a young woman who said she was "brutally honest" when in fact she was just "brutal."  Likewise I hear people talk about "tough love," but forget the "love" part. 

Judges and courtrooms are dramatic enough without this sort of thing.  Judge Salcido needs "treatment" not "the treatment."

Cuyahoga County Corruption

OurTown and OurCounty are going through a corruption scandal virtually identical to the one in Cuyahoga County, Ohio and I felt it instructive to share with you the coverage from Cleveland.com (Moses Cleveland statue, above, from Public Square in Cleveland) the website of the Cleveland Plain Dealer and recap some of the larger themes of this blawg.  This post is prompted by the charging of the Cuyahoga County Auditor Frank Russo (who's visage graces every scale and gas pump in that large metropolitan county) as well as the imminent federal prosecution of his political partner a Cuyahoga County Commissioner Jimmy Dimora following an endless investigation and revelations of massive corruption that dripped out in the news like Chinese water torture for the citizens of that region of Ohio.

First let me congratulate the Plain Dealer and its terrifc journalists and editors for coverage over the last two years, it's been brilliant and insightful.  ( BL: A few years ago, the Plain Dealer and its reporters: James McCarty and David Briggs did pioneering work on exposing the Catholic Child Sex abuse scandal, nationally, at the same time the Boston Globe received a Pulitzer prize for their coverage. I add this by way of disclosure since I supplied historical detail and information to both investigations.)

At the same time, the Plain Dealer is historically one of the villains of the story that its now exposing, and currrently the paper is not acknowledging its historical role and involvement in enabling and encouraging exactly the corruption uncovered by its current reporters and editors.  It doesn't take too much deep reading in the Plain Dealer archive to see where the publication endorsed and promoted many of the people: the Commissioners, the Sheriff, the Auditor, and the Judges who are now swept into federal and state justice systems on bribery and other felony crimes.  The Plain Dealer was run at one time by a succession of patriarchal types (Thomas Vail (pic) and Alex Machaskee) who were more interested in wielding power with the their corporate buddies and who viewed the regional government of Cuyahoga County as serving their interests.  Retiring republican U.S. Senator George Voinovich is one product of that culture, although I am not suggesting that Voinovich himself was ever involved in any of the sordid stuff that has come to a head in this scandal.  Nonetheless the Plain Dealer was complicit in turning a blind eye or encouraging for DECADES, a course of dealing and doing business in a way that benefited the elites at the cost of the citizens.  Since Cleveland has long been a one-newspaper town, the influence of the Plain Dealer was out sized and unfortunately malevolent for many decades.

But the Plain Dealer under editor Susan Goldberg and before her, Dough Clifton is a different publication, although it would be nice to see the current journalists look at the role of the paper in the unfolding drama.

As I said many times on Bad Lawyer, public-minded young professionals in OurTown and apparently in Cleveland, coming fresh out of school and looking to do public service had very little chance for public sector employment unless they knew somebody, possessed a certain familiar ethnic name, or played a very corrupt game.  In Cuyahoga County in recent years, this operation was run by a fat Italian named Jimmy Dimora (pic, above) who is a Cuyahoga County Commissioner for a few more hours, and his buddy, Cuyahoga County Auditor Frank Russo (pic, below right).  At one point these two shared power in a triumvirate with an bantam weight little wife-beater and child porn hound, Pat O'Malley.  These guys corrupted nearly everything and everybody (including many lawyers, judges, and other professionals) they touched and they cost the tax payers directly and indirectly millions and millions of dollars.  These so-called public servants converted--under the nose of the Cuyahoga County Sheriff Gerald McFaul, and Prosecutor Bill Mason (both of whom have been discussed on Bad Lawyer)--a contracting and taxing authority that was little more than racket for self-seeking.  They were aided and abetted by nearly every other elected official in the county.  The people of Cuyahoga County finally became so outraged with the shenanigans of these thieves and their enablers in an election, last year, the voters discarded county government as it then existed and cleaned the slate of everyone.

Largely because of the Plain Dealer, the FBI, the IRS, and federal prosecutors one by one each of these crooks is being uncovered and exposed.  You can read the story at the Cleveland.com link I provided, above, but I wanted to make a couple of further points about the roots of the corruption as it relates to lawyers and judges. 

From my reading of the scandal, as it unfolded, federal law enforcement was looking at some very curious things relating to how contracts were awarded in Cuyahoga County.  As long as I've been aware of OurTown politics and public sector corruption, this is where the action is.  When I was no more than a law student and law clerk, I remember talking to a junior politician in a downtown racket club warning him that he should be very careful about being involved in the awarding of "cable contract franchises" which was then very much in the news.  Politicians, everywhere were being prosecuted for taking bribes associated with the awarding of those contracts.  Since time immemorial, politicians fall prey to easy money--don't we all? 

But the catalyst in Cuyahoga County, came in the guise of the county recorder, Pat O'Malley, a former City of Cleveland councilman.  O'Malley, then a recent law school graduate, and fantastically unstable character was involved in a divorce proceeding.  In 2004 his soon to be ex-wife turned over his computer hard drives which allegedly contained child and violent porn to federal prosecutors. 

I'm relatively certain that from that moment on, as historians look back at what came flying apart the arrest of O'Malley will prove to be the critical moment.  O'Malley (pic, left) was one of the big three or four power centers in Cuyahoga County.   As an aside, O'Malley has completed his prison sentence; and, recently, the Legal Profession blawg noted that the Ohio Supreme Court suspended O'Malley law license for two years subject to his completion of federal probation.  He may resume practicing law someday soon.  Of course, I am not saying that O'Malley's prosecution caused the corruption, and I'm not saying that O'Malley's prosecution resulted in the uncovering of the crimes resulting the fall of Cuyahoga County (they were already under investigation,) what I am saying is that the angry ex-wife's turning over hard drives--accelerated the investigation of the crimes which led to the actual collapse of Cuyahoga County government, this year. 

Also uncovered in the investigation by the Plain Dealer and the feds was the wholesale corruption of the Cuyahoga County justice system.  The Bad Lawyer previously discussed the fall of disgraced elderly politician and famously corrupt, Sheriff Gerald McFaul; but, what remains to be discussed are the Judges swept up in the scandal and the prospects of Bill Mason (pic, right), the boy-prosecutor who wanted to be president.  The prosecutor ran the Cuyahoga County Democratic party with Russo, Dimora and O'Malley.  Thus far nothing suggests that Mason did anything overtly prosecutable, but there can be no doubt that Mason failed to do his job.  The Plain Dealer documented Mason's illegal receipt and subsequent refund of political contributions from his employees.  Mason, however is Rovian, in the sense that when called out on any deviation he immediately turns it into a public relations virtue by making it look like he's been the reformist all along.  So when called on the receipt of campaign funds from employees of the county Mason refunded the money, and claimed to be shocked, like Claude Rains discovering gambling at Rick's in Casablanca.  Mason trumpets "reform" while involved in everything that happened.  His political allies are going to the federal penitentiary forever for crimes against the Cuyahoga County, on Mason's watch.   More will be revealed, I guess.

Caught in the scandal are at least three Judges, Common Pleas Judges: Brigit McCafferty, Steven Terry and Frank Russo's brother Anthony.  Simply stated each of these judges accepted help or money from Russo in exchange for rulings, influence, or hiring of Russo or Dimora employment prospects.  The FBI has two of the judges on surveillance audio according to media reports, and as I said, we know only a little at this point, but the Cleveland.com coverage hints at widespread corruption.  One of the questions I have is whether any of this will impact positively the selection of Judges which are elected in Ohio, usually based on no more than the qualification of a familiar sounding Irish or Italian name.  One of the oddities of the current Cuyahoga bench which has 34 (?) full-time judges, was the election of a Judge Nancy Russo, who I've been told was working as an insurance company investigator and not as a lawyer and yet managed to beat a well-regarded (by lawyers who claim to know these things) sitting judge.  Judge Russo acquired her last name through a terminated prior marriage to a Russo unrelated to any of the Russos involved in the current scandals.    Having said all of that, I understand that Judge Nancy Russo has been a credible addition to the bench serving competently for a number of years.  The point is, she was elected on the basis of the possession of a last name now completely corrupted in the eyes of Cuyahoga County voters--maybe she'll changer her name.

For me, reading this coverage causes no end of sadness.  As a virtual avatar for OurTown and OurCounty, I think about the lives and careers and potential lost to greed and self-seeking alone.  I think about the careers which were thwarted or damaged because these crooks took power and parceled it out to incompetents and thieves.  I think about the damage to a beautiful city and region by the political malpractice and arrogance of these so-called public servants.  And I am infuriated that the elites enabled and ignored what was happening.  I know my friend and fellow-blogger, Gayle has bemoaned the political and civic injuries of Detroit--may we ultimately pray for light from darkness as these regions transform in the wake of their man made disasters.  These are municipal tragedies on a grand scale, can there be a new beginning?

The Incredibly Curious Case of Judge Alison Floyd

The incredibly strange Cleveland-area Juvenile Court Judge, Alison Floyd is back in the news at least locally in Cleveland.  You may remember the March posts about Judge Floyd, here, on Bad Lawyer and subsequently, nationally, as the stories about her unusual approach to serious crime victims shocked the legal community.   As we cruelly noted at the time, Judge Floyd is not the "sharpest knife in the drawer"  she does nothing to change that view with a recent set of rulings, a local Cleveland television station reports:

"19 Action News is asking the tough questions. We want to know why a Cuyahoga County [Cleveland, Ohio] judge just released an accused 16-year-old charged with sexually assaulting an eight year old. Judge Alison Floyd released the boy to his parents and when 19 Action News reporter Scott Taylor went to ask we why her reply, 'No Comment.'

Floyd's latest decision is just another in a string of questionable ones.  In the spring of 2006, two teens accused of starting a fire at a school got a big break from Floyd. They caused $300,000 worth of damage. One was sentenced to the custody of mom and the other walked because the prosecutions' main witness never showed. In another case, she ruled there was no evidence a teen with a loaded gun threatened to shoot a cop.

She said prosecutors failed to show probable cause. That teen later pleaded guilty in adult court to the charges and got 12 years in prison.  Another Floyd decision: two teens robbed and stabbed a man in downtown Cleveland.  Floyd gave the main attacker probation. The victim was understandably shocked  'I don't think people feel safe knowing that people who try to kill you with a knife is back out on the street with no consequences what so ever,'  victim Tony Viola said."
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The WOIO, 19 Action News report concludes by sarcastically noting that Judge Floyd refuses to comment; not that any Judge would or should comment on a case that he or she is hearing; and, may have to issue further rulings in as with most cases involving juveniles.  Nonetheless, the television station is correct in wondering, wtf!!  Judge Floyd seems to have relinquished any concern for victims as was widely remarked onc last May, at law "blawgs" nationally, including the ABAJournal when she ordered juvenile rape victims to undergo polygraph testing.

What's curious about Judge Floyd is how is it that she remains on the bench?

Irony and Ego

Reporter Rene Stutzman at the Orlando Sentinel brings us up to date on the story of the Osceola, Florida Circuit Judge who made a name, (Bad Lawyer featured the initial report on Judge Turner back in May), as a employment sexual harassment lawyer and now is suspended from the bench after allegations of sexual harassment.  This is Ms. Stutzman's current account:

"Circuit Judge N. James Turner hasn't worked since April because several women have accused him of sexually harassing them at the Osceola County Courthouse. It's an issue with which he's extremely familiar: He spent much of his career suing companies on behalf of women who made sexual-harassment claims.  He sued a theme park on behalf of a store clerk who claimed her boss put his hand up her dress in front of customers. He sued a restaurant chain for a woman whose job was to roll silverware in napkins and complained that a manager-trainee touched her buttocks and thighs. He represented a cocktail waitress who claimed her boss made her bend over so he could look up her dress.

The irony is not lost on Turner. He says the allegations against him by the women at the courthouse are false.

'I've hugged women in the office as a friendly gesture, as an act of compassion,'   Turner, 64, said in an interview this month. 'I may have, in that situation, kissed someone on the cheek. I may have put my hand on someone's shoulder … in a time of severe stress, but none of it was inappropriate.'

Turner, who lives in Orlando, is accused by the state agency that polices judges, the Judicial Qualifications Commission, of a laundry list of wrongdoing. Among the claims: running an unethical campaign for office, putting his feet on the bench during hearings and ordering an underage offender to hand over a piece of jewelry to cover court costs.  But allegations about how he treated women at the courthouse will likely get a great deal of attention this week as the women are deposed, placed under oath and forced to answer questions by Turner's attorney, Barry Rigby.

Once they're cross-examined, Rigby said, their complaints about sexual harassment may sound more benign than lewd.  According to the formal charges against him, Turner hugged, kissed and massaged women at the courthouse. He also went to their homes and involved himself in their lives uninvited, the JQC alleges.

The women include a 42-year-old Kissimmee deputy clerk of courts, who complained about Turner hugging and kissing her and coming to her home. But in defense pleadings, Rigby wrote that the judge was merely being a compassionate friend 'and such actions were welcomed and appreciated.'

Prosecutors accuse him of improperly lending money to another woman, his then-secretary.

Yes, Rigby said, the judge gave a loan to the 34-year-old single Orlando woman. She has two children, was facing a family emergency and asked for the money, he said. She also quit two months later, and, Rigby said, has never repaid it. She is now accusing Turner of, among other things, screaming at her in the office. That woman now works at the juvenile court on Michigan Street in Orlando.

Those women are not identified in public JQC pleadings and would not discuss their allegations with the Orlando Sentinel, which has decided not to publish their names.

Turner was elected circuit judge by voters in Orange and Osceola counties two years ago. Before that, he was a well-regarded Orlando attorney who specialized in employment discrimination and sexual-harassment cases.  In 1994 and 1997, The Florida Bar Journal published articles he wrote about sexual harassment. His 1997 article was called 'The Perils of (Reporting and) Not Reporting Sexual Harassment.'"
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Judge Turner was previously featured on Bad Lawyer, this is a more comprehensive update on the allegations against him.  I can't help feeling that Judge Turner is an example of unchecked ego.  When he was a practitioner he was doubtlessly charismatic and perceived in a way that is at odds with the way he's viewed as a Judge.  Behavior he got away with as an attorney that was undoubtedly inappropriate, but tolerated is intolerable coming from a Judge.  This is ego, unchecked.

Judge Nix Quits

Cobb County Ga. Chief Judge Kenneth  Nix was reported by the Atlanta Journal-Constitution to have abruptly announced his resignation the other day.  The way it was reported you suspected that there was more to the story, this AM correspondent Debra Cassens Weiss at the ABAJournal collects and reports all the accounts.  It turns out that Judge Nix, was being, um....inappropriate.  Here's the ABAJournal summary:

"Judge Kenneth Nix announced Tuesday that he will retire on Oct. 4, the day of his 71st birthday, according to stories by the Fulton County Daily Report, the Atlanta Journal-Constitution, and the Marietta Daily Journal. Nix told the Marietta Daily Journal in an earlier story that, after the photo shoot with the two women, he 'flicked them both on the fanny.' The newspaper published the lap photo.

'That was a stupid, stupid mistake,' Nix told the Marietta Daily Journal. 'I don't think that's sexual harassment. I think it's stupid of me to do it. It may be improper touching, but it's not to be such that you know I should be whatever.'

The women, Assistant District Attorney Susan Treadaway and deputy investigator Glenda Roberts, said in a statement that what happened during the photo shoot was 'more serious than reported,' the Marietta Daily Journal says. The women said they had visited Nix’s office to say good-bye to him after a courtroom reassignment.

'The judge asked us to sit on his knee just like he does to other female attorneys every Christmas when he is wearing his Santa Claus suit. He is a 70-year-old man and even though we both were reluctant to grant his request, it is sometimes difficult to say no to a grandfatherly figure and it would have been awkward. What happened later was a crime when he inappropriately touched us. What occurred was more serious than was reported.'

Nix told the Fulton County Daily Report that he is resigning to avoid an investigation into his conduct. According to the story, 'He said he also feared an exploration into possibly other issues that could embarrass him and his family.'  District Attorney Patrick Head and the two women say they did not file an ethics complaint against the judge or take any legal action. Head said Nix’s retirement is 'disturbing' and he is 'a well-respected jurist and has served with distinction for many years.'

The vice-chair of the Judicial Qualifications Commission, Judge John Allen of Muscogee County Superior Court, echoed that assessment. 'I've known Ken for many years,' he told the Fulton County Daily Report. 'He is one of the finest judges and persons I've ever had the privilege of knowing. His retirement will be a loss to the public.'"
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This is bullshit.  The apologists for Nix, and Nix's minimization of his sexual harassment of the public servants under his authority enrages me.  Women attorneys, women in the workplace do not deserve to be treated this way.  This guy was pulling this bullshit for years.  Good riddance.

Judge Chauncey M. Depew Wants to Lick Your Butt

The Legal Profession Blawg tips to the story of the Kansas Judge who has been suspended for one year for what is described as incredibly childish and rude sex play and harasssment.  Oh, the header to this blog post is one of the charming observations Judge Depew made to one of the court's staff. Nice.The victims are female court employees. 

The opinion of the Kansas Supreme Court suspending Judge Depew raises one very importatn question, why isn't this guy in jail?

Seriously, sexting photographs of his genitalia is one thing, grabbing female court employees who have "to forcibly remove [themselves] from his grip," that's assault and battery and or gross sexual imposition.  A one year suspension, are you kidding me. 

Hit and Run Judge, Guilty

Reporter Dan Rozek at the Chicago Sun Times has this report about a local Judge involved in a hit and run.  Judge Kenneth Popejory (pic) entered a guilty plea and he still hopes to hold onto his job.  Here's the story:

"A DuPage County judge charged in a hit-and-run crash with a parked car pleaded guilty to reckless driving today while making his first court appearance. After his guilty plea to the misdemeanor offense, Judge Kenneth Popejoy was fined $500 and sentenced to six months of conditional discharge, a type of non-reporting probation.

Popejoy declined to comment directly after the court appearance, but said in a written statement that he accepts 'full and complete responsibility for my actions. I deeply regret my conduct in this matter and intend to rededicate myself to the principles and values in my life that have brought me so many blessings,’  his statement said.

He declined to comment further because of a pending review of the crash by the state’s Judicial Inquiry Board, which has the power to discipline judges for their conduct. His attorney, however, said the June 29 crash might be a result of mechanical problems with the 2003 Jeep that Popejoy was driving when he allegedly struck a parked car in west suburban Glen Ellyn.

Popejoy, 59, didn’t stop to report the 8:30 p.m. collision but continued on to his Wheaton home, though witnesses quickly reported the crash to police, including providing the license number of the vehicle that Popejoy was driving.  Defense attorney John Donahue said police officers who arrived at the judge’s home within minutes of the crash determined he was not 'impaired or intoxicated by anything.’

The swift guilty plea is an acknowledgement by Popejoy that he 'erred in judgement’ by not reporting the crash himself, Donahue said.

'He’s just depressed about the fact that in this case, he made the wrong decision,’ Donahue said.

Popejoy has been on the bench since 1997 and faces a retention vote this fall to retain his seat. Reckless driving carries a maximum punishment of one year in jail."
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Wow, your county judge crashes into a parked car and drives off, and still thinks the local citizens should retain him as judge?  That's pretty optimistic. 

My guess is the Illinois disciplinary authorities may have a few thoughts about his license. 

Your Judge Is Busy Scalping Tickets for the Ponies . . .

The Oldham County, Kentucky magistrate, Scott Davis (pic) is in big trouble for selling Kentucky Derby tickets he didn't have, didn't own, and didn't produce for big bucks.

Davis is charged with this an various other state charges relating to the business of scalping tickets relating to the Kentucky Derby according to a report at the Louisville Courier-Journal. 

This is apparently a big problem in Kentucky ensnaring all sorts of folks from all walks of life.  This story is noteworthy because if involves a judicial figure who should know better.  This is a person who passes judgment on others for a living, and to be involved in running a half-assed business to try to make a killing on Kentucky Derby tickets seems, frankly, ridiculous.

OurTown is a major league, NFL, and NBA town and during championship years I am astounded by the absurd lengths folks will go to to obtain seats at these events.  I think that there is a vanity inherent in the experience along with a sort of insane logic that takes over that in hindsight seems petty and childish.  Part of this impression I've formed relates to the insight the doping scandals have cast on athletic achievements that seemed to reflect a special sort of gift reflected in competition.   While I retain residual interest, I think I'm like a lot of people casting a cynical eye at what again and again turns out to be cheating.  

That's why a situation like the blown call by umpire Jim Joyce which "ruined" the perfect game by Detroit pitcher Armando Galarraga seems so special to me.  It's authentic, it's real, it's a perfect example of something very special, very memorable emanating from failure.  Isn't this something to truly aspire to, to hope for, a genuine miracle:  failure?

Correcting Judgment

This is a fascinating story: a Marion County, Indiana traffic court Judge gave a woman on trial in his court for a license suspension a year in jail!  That's right, the defendant was guilty of a minor misdemeanor and the Judge went nuclear on her.  This is what happened next according to the Indianapolis Star:

"The Indiana Supreme Court could have simply reversed a woman's sentence for driving with a suspended license, a misdemeanor, and the rare one-year jail sentence that resulted. But on Thursday, the justices went further and slammed the behavior of the Marion County traffic court judge, whose handling of the case in February 2009 turned heads. It came soon after Judge Bill Young had moved to the post at traffic court, issuing stiff fines for some and sometimes employing a gruff manner on the bench. In the case that prompted this week's opinion, the justices have ordered a new trial.

Young admits he was agitated that day, and below you can read his response when I spoke with him today. (Short version: He agrees he was wrong.) During the hearing, the last on his morning calendar that day, Christian Hollinsworth had turned down a plea offer from a deputy prosecutor and then, once the trial was under way, changed her mind and asked to take the plea. According to the Supreme Court's opinion, Young said that if she was found guilty, 'she's going to jail for a year.' He continued: 'I don't know if I want to take your plea. I'd rather just go to trial, I think. I don't like being jerked around at all, all right?' The trial continued, and Young found Hollinsworth guilty.

Then, during sentencing a few minutes later, Young noted that she had picked up pending theft and battery charges while her license suspension case was pending. Her attorney pointed out that those charges were merely allegations at that point, prompting Young to respond: 'Sure they are.' He gave her a year in jail, though he later suspended the remainder after she had served 10 days.

After recounting this history, the Supreme Court's unsigned opinion cites Indiana judicial canons requiring judges to perform their duties impartially, competently, and diligently, with an open mind, without bias or prejudice, and with patience and courtesy to litigants. A personal bias or prejudice on the part of the judge -- or situation in which "the judge's impartiality might reasonably be questioned" -- would require the judge to disqualify himself.

The opinion concludes: 'The trial court's behavior in this case did not meet these standards.' A chastened Judge Bill Young told me today: 'I would say that, upon reflection -- and almost as soon as I was saying it -- I knew better. That was inappropriate on my part.' He said there was no excuse, even if he was frustrated that day. 'I should not have made those comments to that woman,' he said, adding that the Supreme Court 'did the exact right thing.'"

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Well, at least Judge Young recognizes he was intemperate, but it's appalling that this woman spent ten days in jail under the impression that she was going to spend a year, because a Judge had forgotten to take his metamucil. 

The earliest writings on the responsibilities of a Judge, emphasize repeatedly the need to exercise temprament, and mercy.  As I've said repeatedly here at Bad Lawyer, there is no more important place for this to be exhibited than in your municipal courts where most citizens see the "rule of law."  This  is why opinions like that of the Justices of the Ohio Supreme Court discarding the requirement of evidentiary proof of speed, for speeding ticket convictions as I discussed earlier this week are so pernicious.  We breed cynicism and disrespect over the "little injustices."  Although I don't think sitting in jail for ten days over a driver's license suspension is a "little" injustice. 

Good for Judge Young, though, he has a consicience. 

Harry "the Hook" Is Dead

Harry "the Hook" Aleman, a legendary Chicago hit man is dead at 69.  Aleman died in an Illinois prison while serving a 100 year sentence for the 1973 shotgun murder of Teamster union official William Logan. At the link you'll find the Wikipedia entry on Aleman.  Aleman may have murdered more than a dozen victims, but he wasn't saying.

The Chicago Tribune article on Aleman's death is at the second link. 

The most interesting aspect of the notice of Aleman's death is the connection to the public corruption in Chicago.  You see at one time you could buy your way out of a murder rap, and in fact Aleman bribed the trial judge, Cook County Judge Frank Wilson for the grand sum of $10,000. He was acquitted after a bench trial (meaning the case was tried without a jury.)  The defense lawyer, Charles Cooley turned snitch, and Judge Wilson blew his brains out while awaiting federal charges.  Since Aleman beat the rap on a bribe, his second trial, a jury trial, was not deemed "double jeopardy." 

Aleman was until May 15, a survivor of a wild era of union and public corruption in the Second City.

Judge Turner's a Creepy AV-Rated Jurist

Judge N. James Turner, a family law Judge for the Ninth Circuit in Osceola, Florida has been removed because his Honor thinks massaging, hugging and kissing staff is appropriate and his court staff and the presiding Judicial authorities disagree.  This is from the report at the Orlando Sentinel:
"The state agency that polices judges Friday expanded its case against Orange-Osceola Circuit Judge N. James Turner, accusing him of massaging, hugging and kissing the women in his office. The new allegations also accuse Turner of taking cell phone calls while on the bench, checking his Facebook page during court proceedings and unexpectedly getting up and walking out while court was in session.
Those allegations are tacked onto another set that were filed against him in July. They accuse him of a series of campaign violations, including being an open supporter of Democratic candidates in other races in 2008 while conducting what was supposed to be a nonpartisan campaign for judge.  Those charges are pending.Turner hasn't been on the bench since Orange-Osceola Chief Judge Belvin Perry Jr. last month ordered him to stop working. Perry did not explain his actions at the time. Neither would Turner. m Friday's disclosure, though, provides a general explanation.  Although he has been on the bench just 16 months, Turner has had four secretaries, called judicial assistants. Some judges can have one judicial assistant throughout a career."
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The publication, Matindale-Hubbell is a lawyer listing and rating service that pre-dates "Super Lawyers." Turner describes himself as a "A-V rated" lawyer and jurist.  This ought to tell you how reliable lawyer ratings are.  He also lists himself as an author of two articles on Employer Liability for Sexual Harassment in the workplace in the Florida Bar Journal. 

Slightly Overreacting

A veteran Littleton, Colorado municipal court Judge who issued an arrest warrant for a 19 year old boy who had an overdue library DVD has been fired by the Littleton City Council according to the Denver Post.  Talk about a little overreaction.   Probably time for Judge Kimmel to take a little time off, put his feet up, and have a couple lemonades.

Judge, You Are An Idiot!

Baltimore County, Maryland Judge Darrell Russell, Jr. was trying a domestic violence case.  Before the female victim could take the stand the Judge continued the case so the perpetrator, Frederick Wood could marry the victim, thereby preventing her testimony under the marital privilege (I don't buy this for the reasons I indicated in a previous post,) according to ABC news.

Fortunately, somebody at the Baltimore County Court has some operative neurons, and Judge Russell, Jr. is not longer hearing cases.  Here's the ABC News video

Here Comes the Judge

Back in 2008 longtime Brazoria County, (Texas)  Court-at-Law Judge James Blackstock (pic) resigned in a plea agreement stemming from charges that he inappropriately fondled women employed by the county. Blackstock, 61, pleaded guilty to one misdemeanor official oppression charge and no contest to four misdemeanor assault charges.Visiting Judge George Goodwin of Houston fined Blackstock $750 for the oppression charge and $350 for each assault charge for a total of $2,150, plus $514 court costs.

Now the civil lawsuits agains Blackstock and the county are being filed, according to  the Houston Press, two former County employees have filed federal sex harassment lawsuits.  I know what you're thinking, a handsome guy like Judge Blackstock, who wouldn't want to lock lips with this guy.  He exudes he sexual vibe. 

We had a Judge locally who liked to dress in womens' lingerie under his robe.  Short, bald, swarthy, and adorned in lace and nylons he was quite a sight, especially when the naughty boy would let he robe slip just ever so...the court reporters turned him in.  For years you would go into bars in that town and his reelection posters would hang above the bar with lacy panties hanging from a corner.  It was quite the smirk.

Judge Cronin

The Youngstown Vindicator has the story of Judge Cronin who was a Youngstown-area Common Pleas judge.  She took an $18,000 loan from a wealthy Youngstown family to pay gambling debts while she was sitting repeatedly on cases, the Cafaro famly construction and other businesses had in front of her as a Judge.  Of course the other side never knew any of this.

The judicial faud is going to cost Judge Cronin 7 years behind bars.  The loan in itself was ok, the failure to disclose the loan and the subsequent adjudication of cases of cases for the Cafaro constituted faud.