The Albuquerque Chief Criminal Judge Is a Rapist?

Albuquerque's 2d Judicial District Chief Judge, "Pat" Murdoch (pic) was arrested after being caught on video raping a prostitute.  Here's the story from kasa.com via Debra Cassens Weiss at the ABAJournal.com this morning:

District Judge Albert "Pat" Murdoch was arrested Tuesday afternoon on charges including rape. According to the arrest warrant, the charges stem from a secret video tape the prostitute made of the judge in his own bedroom.

Penis Pump Judge Is Back in the News

Oklahoma's ex-Judge Donald Thompson is back in the news.  Thompson (mugshot) is being held on $75,000 bond after being arrested for DUI and possession of a controlled substance.  And yes, this is the same Donald Thompson of the Penis Pump fame. 

Thompson was a long time serving Creek County judge (pic) but was charged with masturbating and using a penis pump while on the bench hearing cases.  Including in one case a murder trial.  Thompson was convicted in 2006 on four felony counts of indecent exposure and he served 20 months of a 4 year sentence.  He was released in 2008 but his problems with alcohol and substance abuse appear not to have abated. 

Judge McCafferty's Sentencing Memorandum

The Plain Dealer, Ohio's largest paper and reporter Jim McCarty provide us with details from the government's sentencing memorandum in the case of Judge Bridget McCafferty (pic) slated to be sentenced in US District Court in Akron Monday on multiple convictions for lying to the FBI in their investigation into influence-peddling and bribery of Cuyahoga County (Cleveland) judges. This is McCarty's account, it suggests that the Judge had some dark secrets (don't we all?):

Federal prosecutors have accused former Cuyahoga County Common Pleas Judge Bridget McCafferty of intervening on behalf of her boyfriend, an employee of the county auditor's office, after he was caught working out in a gym and hanging out at a tavern during work hours.

Prosecutors also accuse her of misleading the Ohio Supreme Court about her backlog of cases, lying to a Plain Dealer reporter and misrepresenting her academic credentials on a campaign website. The new allegations are included in a memorandum that prosecutors filed late Friday with U.S. District Judge Sara Lioi. The memo argues that McCafferty deserves time behind bars for lying to the FBI agents investigating corruption in county government.

Uh, Oh, Here Comes Judge Gummo

Judge Gummo (pic) is a Huntingdon County, Pennsylvania District judge who needs to stay away form the bottle. With a hat tip to the ABAJournal, here's the local media report from WHTM abc27:

" A district judge has pleaded guilty to harassing a woman at a Cumberland County hotel.

Douglas Gummo, 42, of Petersburg, was fined $438 for the April 1 incident at the Radisson Penn Harris Hotel in East Pennsboro Township.

Police said Gummo was drunk and wearing only a bed sheet when he repeatedly tried to enter the room of a female guest, who is also a district judge.  Gummo is a district judge in Huntingdon County. He and the woman were at the hotel for a conference. Prosecutors dropped charges of public drunkenness and disorderly conduct in exchange for the guilty plea."
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No one is immune from the chaos, confusion, and humiliation of alcoholism.  As we've seen again and again, alcohol is cunning, baffling, and powerful.  Good luck to Judge Gummo, he's young enough that he can make this ridiculous episode a powerful component in his personal story.  Of course only Judge Gummo can figure out for himself whether he needs help.  But here's a clue: drink = trouble?  You might want to take a long hard look at yourself.

Mississippi Supremes Order Suspension of Wacky Local Judge

In an 8-1 ruling Mississippi Supreme Court ordered a 30 day suspension and reprimand for a Stone County Superior Court Judge for judicial conduct that is fairly characterized as whacked!  According to a report at the Clarion-Ledger, Judge Theresa Brown Dearman presided over a criminal case involving her nephew, required other defendants to attend church as a condition of their bond, and discussed cases with parties outside the courtroom.

According to the report Judge Dearman agreed with the facts presented by the commission and agreed to the punishment. The Supreme Court said Judge Dearman's charged conduct involved nine cases over a period of more than three years and affected at least 22 parties and complainants.

A dissenting Justice said the accusations against Dearman "appeared vague."  Are you kidding me? 
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Years ago I was trying a lawsuit involving a young adult woman who was sexually abused by her father.  This was a horrible trial, and my poor shattered client decided to settle the case for a nominal payment mid-trial.  The Judge, I'm sure she was well-intentioned--decided it was appropriate to drag all the parties into her chambers and give a biblical-grounded lecture. The judge then invited all of us to pray together.  I was stunned, too stunned to speak.  Thankfully, my partner Nancy had the presence of mind to thank the Judge but indicated that the suggestion was inappropriate.  The conference ended, abruptly. 

Covering Up for Disgraced Judge in Knox County Tennessee

The Knoxville News Sentinel is going to court to get the sealed records on former Knox County Judge and pill head, Richard Baumgartner (pic) who when revealed to be a drug addict, quickly resigned and plead guilty to official misconduct.  Baumgartner received "diversion,"  avoided jail, and probably will have his record expunged.

Big problems erupted in Tennessee over whether the judge was impaired throughout various murder and other cases he presided over.

As opposed to say, Cuyahoga County, Ohio these Tennessee public officials know how to do cover up--someone has gone so far as to scrub files relating to issues concerning the Judge Baumgartners issues including the public and court files of other defendants impacted by the Judge's official misconduct.  Nice.

Corrupt Mississippi Judges and Former-Attorney who Bribed them Head Back to Prison

Attorney Paul Minor (left) Judges Whitfield and Teel

Friday I brought you the story of the former Mississippi Judges and the attorney who bribed them heading back to federal court for resentencing following reversal of that part of their convictions that related to the now-unconstitutional Honest Services law.  Former judges Teel, Whitfield and attorney Paul Minor are heading back to the federal prison following reductions in their sentences.  This is an excerpt from the Clarion-Ledger's reporter Jack Elliot's account:

Former Mississippi attorney Paul Minor saw his prison time cut by three years but failed to win his freedom Monday during resentencing in a judicial corruption scheme involving two ex-judges.

ex-attorney Paul Minor

All three were ordered back to federal lock-up.

U.S. District Judge Henry T. Wingate rejected the men's appeal to be sentenced to time already served in the case. But Minor and former Harrison County judges Wes Teel, 60, and John Whitfield, 48, all will serve less time than when originally sentenced in 2007. All are in prison now.

Minor was originally sentenced to 11 years. Wingate reduced it to eight years.

He and the two former judges had to be resentenced because a federal appeals court vacated their bribery convictions in 2009. The 5th U.S. Circuit Court of Appeals upheld other convictions, including honest services fraud against each of the men and racketeering against Minor.

Abbe Lowell and Hiram Eastland successfully argued the federal bribery argument in the 5th Circuit that resulted in Minor's resentencing.

Prosecutors said Minor, 65, would guarantee loans for the judges, then used cash and third parties to pay off the debts. Judges then ruled in his favor in civil cases. Minor has said the loans were meant to help friends in times of need and that he expected nothing in return.

Teel was sentenced to about four years in prison, a reduction of 19 months. Whitfield got about six years, a reduction of 22 months.

Teel and Whitfield already have served about 3 1/2 years each. Minor has served about four years and nine months, including time spent in treatment for alcohol abuse - rehabilitation ordered by Wingate.

[ . . . ] Earlier Monday, Minor told Wingate that he "deeply, deeply regretted" having let down his family, including his wife, Sylvia, who died in 2009.

Minor said his wife had told him to not get involved in politics, but he didn't listen.  "I am not the Paul Minor who was before you four years ago. I am a Paul Minor who is still a work in progress," he said. 

Assistant U.S. Attorney Dave Fulcher said after the re-sentencing that [U.S. District Judge] Wingate "made it clear that these convictions were serious offenses and the sentences were to reflect the seriousness" of them [. . . ] ingate said he was impressed by the contrition shown by the three.

"You have with your conduct earned a reduction" in the sentence, Wingate said.

Wingate said he also was concerned about the health of Teel and Whitfield. He said both men have been receiving medical treatment while incarcerated.

Teel had suffered a heart attack shortly after entering prison in December 2007 and had heart surgery in January 2008.

Whitfield suffers from Crohn's disease, which causes inflammation of the intestinal wall. There is no cure.  I am not the Paul Minor who was before you four years ago. I am a Paul Minor who is still a work in progress," he said.   [Judge W]ingate said he expected Minor to continue to get treatment for substance abuse for the remainder of his sentence and have random drug testing under the direction of prison officials.

Assistant U.S. Attorney Dave Fulcher said after the re-sentencing that Wingate "made it clear that these convictions were serious offenses and the sentences were to reflect the seriousness" of them.

The government had initially requested maximum sentences for the three men. Wingate said he would not do that, resentencing all three to terms that were less than those suggested in federal sentencing guidelines.

Wingate said he was impressed by the contrition shown by the three.

"You have with your conduct earned a reduction" in the sentence, Wingate said.

Wingate said he also was concerned about the health of [former judge]Winfield. He [noted that] both men [receive] medical treatment [in the BOP.]

Teel had suffered a heart attack shortly after entering prison in December 2007 and had heart surgery in January 2008.  hitfield suffers from Crohn's disease, which causes inflammation of the intestinal wall. There is no cure.
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This story should help in my continuing effort to disabuse you of the notion that life at the Club Fed is the high life.  It is often harsh, dangerous, and certainly objectively debilitating to older inmates' health.

Postscript: one of my commentators noted accurately that the "optical orange" uniforms are provided by the local jails when federal inmates are not actually in US Marshall custody, i.e. being housed local to US District Court.  In the case of Whitfield, Teel, and Minor the local county lockup. 

Optical orange is often used in-transit for the obvious reason that in the event of escape an inmate will (initially) be highly visible.  The stocking caps given to us at FCI, Morgantown over the winter were also optical orange while the uniforms are khaki.  But when I went to the HOLE/SHU, my uniforms (really all my property) were taken and I was given an oversize optical orange jumpsuit.

Judge Steven Terry Guilty of 3 Corruption Related Counts

Reporter Jim McCarty at the Cleveland Plain Dealer webstie reports that a federal jury convicted Cuyahoga County Common Pleas Judge Steven Terry on 3 corruption-related counts, acquitting Terry of two other charges.  This is from Cleveland.com:

A [federal] jury in Akron convicted Cuyahoga County Common Pleas Judge Steven Terry on Monday of three corruption-related counts.  [T]he 12 jurors, who began deliberations on Friday afternoon and resumed them on Monday, acquitted Terry of two other counts.

The judge, who was on leave, immediately resigned. He was accused of fixing a forclosure case at the request of his political mentor, then-county Auditor Frank Russo.

The guilty verdict came after a weeklong trial during which Russo testified that he asked Terry to deny a motion in the case and prosecutors played a secretly recorded telephone conversation of Terry telling the auditor he had denied the motion.  "Very good," Russo could be heard saying. "Very good."

Despite the damning testimony, Terry took the stand in U.S. District Court and argued that he had been unaware of Russo's interest in the case and did nothing wrong in denying the motion.  Terry is the second common pleas judge convicted of wrongdoing as part of a federal investigation of corruption in the county. In March, a jury convicted former Judge Bridget McCafferty of lying to the FBI about cases on her docket. Her sentencing is scheduled for July 11. [ . . . ]

The corruption investigation has implicated more than 50 elected officials, public employees and contractors since becoming public in July 2008 with FBI raids of businesses, homes and county offices.
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There arre at least ten other Cuyahoga County judges who are quivering in their wing tips and pumps this afternoon, if the trial testimony by Russo stands up to scrutiny. 

Ex-Judges in Shackles, Living the High Life

Former Mississippi State Court Judge Whitfield enters federal Court

Jack Elliot, Jr.'s report at the Clarion Ledger about the resentencing of former Mississippi State Court judges and the lawyer who bribed them in the wake of the reversal of "honest service" convictions is pretty strong stuff and fits in pretty well with the widely-published story of the resentencing of Lord Conrad Black that was all over the Internet the other day.  Here's an excerpt:

A federal judge on Wednesday refused to throw out the convictions of imprisoned ex-attorney Paul Minor and two former judges.  U.S. District Judge Henry Wingate heard arguments on the defense motions but said if there were an error in the judicial bribery trial, it was harmless.

"The jury found facts establishing guilt," Wingate said.



The defendants (l to r), Minor, Whitfield and Teel prior to convictions

Now, Minor and former Harrison County judges Wes Teel and John Whitfield must be resentenced because a federal appeals court vacated their bribery convictions in 2009. The appeals court upheld other convictions, including honest services fraud against each and racketeering against Minor.  Minor has long said he did nothing wrong. He said the loans were meant to help friends in times of need and that he expected nothing in return. He was sentenced to 11 years.

Teel was sentenced to nearly six years in the case. Whitfield was sentenced to more than nine years.

Wingate heard pleas from attorneys for both that the two ailing former jurists be sentenced to time served. All three have served about 42 months of their sentences.

Wingate made no ruling Wednesday and recessed court until 10 a.m. today at which time he'll hear from Minor's attorneys.

Attorneys for the former judges said they were in poor health. Teel had suffered a heart attack shortly after entering prison in December 2007 and had heart surgery in January 2008.

Whitfield has Crohn's disease. There is no cure, and the causes are unknown. With the disease, the immune system goes awry, causing inflammation in the intestinal wall. The disease is controlled by drug treatments.

"I'm regretful," Teel told Wingate. "I didn't mean for any of this to happen. I really would like to go home."

Whitfield said he also was remorseful for what led to his conviction. "Had I followed my code of ethics ... I wouldn't be before you today. I apologize for the stain I have placed on the judiciary," he said.

The attorneys said both men have jobs waiting for them if they are released and have families who need them. The government, however, asked for the maximum sentence for all three. Assistant U.S. Attorney Dave Fulcher told Wingate that following the 2006 federal sentencing guidelines would result in each defendant getting longer prison terms.
[AUSA] Fulcher said the crimes were serious and the government would be consistent in asking for the longest sentences available. "All these defendants put justice (up) for sale," he said.   Fulcher said the pleas for leniency "do not overwhelm the facts of this case."

A main issue raised by the defense is that the case was not built on bribery, and was instead based on matters like concealment. The defense contends recent court rulings narrow the scope of honest services fraud and concealment no longer applies.

Prosecutors said concealment was just an element of a bribery scheme. They say Minor orchestrated a complicated scheme in which he guaranteed loans for the judges, then used cash and third parties to pay off the loans. The judges then ruled in his favor in civil cases[ . . . ]
The [now, unconstitutional] law sa[id was] a crime for a public official to deprive citizens of honest services while in office[.]
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There, you go, some crooked judges and lawyers living the high life at their regional Club Fed.  They put justice "up for sale," of course that never should be allowed in our courts.

Judge in Corruption Trial: "I Did Nothing Wrong."

The Plain Dealer's Jim McCarty continues his gripping account of the corruption trial of Cuyahoga County Common Pleas Judge Steven Terry. An excerpt follows:
"Judge Steven Terry, fighting for his freedom and his job on the Cuyahoga County common pleas court, testified Wednesday that he did nothing illegal in 2008 when he ruled on an obscure foreclosure case according to the wishes of his political mentor, former county auditor Frank Russo.

'I just wanted to get an old, complex case moving and to get it off my docket,' Terry explained, speaking directly to the 12-member jury hearing his corruption trial in U.S. District Court. 'When I denied the motions, everyone was equal and the case could move forward.'

But Cincinnati attorney Thomas Henderson, who represented the bank in the foreclosure case, disputed that position. Henderson said the ruling forced him to settle for far less money than the bank was owed [ . . . ]

The defense presented a court consultant who testified that Terry was correct to deny a motion for summary judgment filed by a bank in the foreclosure case. But when the consultant, law professor Beatrice Hill of Case Western Reserve University's School of Law, heard the wiretapped tapes and read the transcripts, she backed off her original conclusion. [Professor] Hill testified that a judge should not talk secretly to one side of a lawsuit, nor should a judge base his decision on the requests of influential politicians.

Terry testified, however, that [convicted felon and former Cuyahoga County Auditor Frank] Russo's only interest in the foreclosure case was its age: five years. What Terry failed to address was why Russo -- who isn't a lawyer -- would show such an interest in this particular case among all of the old foreclosure cases on Terry's court docket.

Federal prosecutors have argued it was because the plaintiffs in the case were represented by attorney Joseph O'Malley, a close friend of Russo's.

The [Judge Terry]  is on leave pending the outcome of the case.

The trial, being heard by Judge Sara Lioi, will resume Thursday. "
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The former Auditor's pal, O'Malley entered a guilty plea and is prison-bound over his role in this corruption scandal. 

I would not be surprised if there is a verdict by Friday. 

More from Alleged Corrupt Cuyahoga County Judge Trial



Russo prepares to entire US District Court

Reporter Jim McCarty at Cleveland.com  has more sensational reporting on the ongoing testimony of former Cuyahoga County Auditor Frank Russo in the trial of alleged corrupt Cuyahoga County Common Pleas Judge Steven Terry.

"[Convicted felon and former Cuyahoga County Auditor Frank Ruso] testified Tuesday morning that the campaign assistan[ce] and donations that he gave to Judge Steven Terry came with strings attached.   The disclosure came during Russo's second day on the stand in Terry's public corruption trial and after U.S. Attorney Antoinette Bacon recalled campaign-related car magnets and other assistance the once influential Democrat provided for the judge's 2008 election.

"Did you expect anything in return for all you did?" Bacon asked.

"Yes, I did," Russo replied. "Basically, I expected Steve to answer the phone anytime I called, to give it attention, to follow through, give me the benefit of the doubt, whether it be a case of whatever. Of course, he would do what I asked him to do."

Russo went on to recall sending a note asking Terry for help with a foreclosure case before the judge. The case was being handled by attorney Joseph O'Malley, a friend of Russo's, and the former auditor testified that he provided Terry with related case numbers and asked that the judge deny a bank motion for summary judgment.

The judge ultimately denied the motion.

Terry, who is on leave pending the outcome of his criminal case, is on trial in U.S. District Court on five charges of mail fraud and conspiracy to commit mail fraud [ . . . ]
Prosecutors contend that Terry conspired with Russo to win a judicial appointment. They accused the 53-year-old judge of accepting gifts, bribes and campaign help from Russo and in exchange agreeing to provide favorable decisions for Russo and his friends in court.

Defense lawyer Angelo Lonardo, who has tried to portray Terry as an innocent victim of Russo's criminal schemes, got the former auditor to acknowledge a "dark and secret side," a reference to [Russo's] conviction on 21 corruption-related crimes.

Russo, who faces nearly 22 years in prison, is cooperating with prosecutors in an attempt to reduce his time behind bars.

On Tuesday, he went on to explain that, although he offered his support and endorsements to many Democratic Party candidates in the county, but only provided wide-ranging assistance in 2007 and 2008 to three candidates: Terry, his brother Anthony Russo, who was running for judge in probate court, and Common Pleas Court Judge Brendan Sheehan. All three candidates won their elections in November 2008. Bacon asked Russo if, in return for his extraordinary campaign help, he expected Sheehan to answer his phone calls and perform legal favors in court cases such as prosecutors contend Terry performed for Russo.

"After all the help I gave him, yes I would have," Russo responded."
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This is stomach turning stuff. 

Judge Sheehan, referred to in the testimony, is according to lawyer friends, himself an outstanding lawyer, former prosecutor and apparently former bailiff to US District Judge Donald Nugent.  U.S. District Judge Donald Nugent is also a former Cuyahoga County Common Pleas judge as well as a former major crimes prosecutor in Cuyahoga County.  Nothing in this testimony apart from Russo's belief that Judge Sheehan was beholden to him, implicates Judge Sheehan in corruption.  But you can see,  it's one of the wrinkles in this sordid tale that a good and decent judge's reputation can be sullied in the political corruption connected to selection and election of judges when the process is corrupt.

Overnight, Plain Dealer reporter McCarty added the following details.  When asked whether there were other Common Pleas judges Auditor Russo felt he could "influence" he nonchantly responed: mmmm, yeah probably ten.  That would be 10 Common Pleas Judges out of some 30 sitting judges in Ohio's largest county. 

And as to Judge Terry's denial of the motion for summary judgment that's at the heart of the trial, the AUSA elicited testimony from Judge Terry's "Magistrate" (these folks were formerly called "staff attorneys" an served in the role of "law clerk")--as follows:

"Terry’s former magistrate, Monica Klein, testified later that she was surprised when the judge ordered her to deny the motion without providing any explanation for his decision and without even looking at the court file, which she had kept in her office.


'I had never had a request or a conversation with a judge like this ever before,'  Klein said. 'It was strange.'”
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NO, if true,  it was corrupt.

Trial of Judge Accused of Bribery, Underway in Akron



Judge McCafferty leaves US District Court



Cuyahoga County's corruption scandal is winding down.  If you don't know what I'm referring to, check the link.  In essence several top (mostly, democratic) county politicians in the greater-Cleveland, Ohio area gamed the politics, revenues, business and legal system to enrich themselves, friends and families.  Ensnared in the racketeering by former Cuyahoga County Auditor, Frank Russo and (allegedly) Commissioner Jimmy Dimora were two Cuyahoga County Common Pleas judges: Bridget McCafferty and Steven Terry.  In March, McCafferty was convicted of lying to FBI agents about corrupt phone conversations she had with her political bosses; and, the latter's trial is underway in US District Court in nearby Akron, Ohio. 

Noted Plain Dealer reporter, Jim McCarty has a compelling account at today's Cleveland.com.  This is an excerpt:



Judge Terry talks to the Press

Former Cuyahoga County Auditor Frank Russo testified Monday that he took a liking to Judge Steven Terry and that is why he ran his 2008 election campaign, donated thousands of dollars in cash and political gifts, and provided the judge with staff and dozens of foot soldiers from the auditor's office.    But the deposed auditor, appearing for the first day of testimony in Terry's public corruption trial, did not provide federal prosecutors with the direct connection they sought to link the campaign assistance to their theory that Russo was setting up the judge for future corrupt purposes.
"He was a nice person but really naive about being a judge," said Russo, who was once the county's largest vote-getter. "He really needed some help. Once you were under my wing, you were in pretty good shape."

Terry faces five charges of mail fraud and conspiracy to commit mail fraud. Testimony began Monday morning in U.S. District Court before Judge Sara Lioi [ . . . ]


Former Commissioner Dimora

 The 53-year-old judge is one of more than 50 officials and contractors implicated in a corruption investigation that became public with FBI raids in July 2008. The chief targets of the investigation were Russo and then-County Commissioner Jimmy Dimora. Dimora has maintained his innocence and is scheduled to go to trial in January.

Russo, who faces nearly 22 years in prison for bribery, obstruction of justice, conspiracy and fraud, has been cooperating with prosecutors in hopes of shortening his sentence [ . . . ]
In an opening statement, a federal prosecutor depicted Terry as a judge more concerned about winning election than administering justice, and so corrupt he was willing to fix a case to curry favor with Russo, his political mentor.   Defense attorney Angelo Lonardo painted a strikingly different portrait of Terry, however. He blamed Russo for deceiving his client, who he portrayed as an innocent victim of Russo's criminal schemes [ . . . ]


Frank Russo

Russo provided Terry with auditor's office employees to work as a bailiff and judicial staff. He also donated campaign contributions, and provided the judge with signs, literature and access to his campaign schedule, which Bacon called "the Bible."
Prosecution witnesses included Mandy Smith, Terry's former bailiff, and Destin Ramsey, Russo's former chief operating officer.

Smith testified that Terry and his staff typically spent afternoons that should have been devoted to court business instead stuffing campaign flyers into envelopes, mapping out election strategies and making political calls.

Ramsey described Russo's interest in Terry as "quite frankly, very odd." Bacon questioned why Ramsey thought Russo was so interested in helping Terry to get elected. "I would assume for the influence, is what it appeared to me," Ramsey testified.

Russo's assistance to Terry came at a price, Bacon said. "He was giving things to buy a judge," Bacon said, "someone he could control."

Russo called in his favors in July 2008, when he asked Terry to rule favorably in a foreclosure lawsuit involving Russo's friend, attorney Joseph O'Malley, Bacon said.   FBI wiretaps of Russo's phone caught him calling Terry: "Judge, I need a favor."

On the tape, Russo could be heard instructing Terry to deny a key motion in a home foreclosure case. Terry later called Russo to report the outcome.

"I just took care of those things, denied everything," Terry told Russo, according to the wiretapped recording. Russo expressed his pleasure with the outcome, and told Terry to expect him and his friend, Dimora, to attend his next campaign fundraiser [ . . . ]
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Even assuming that Judge Terry is acquitted of the bribery allegations, this story should give you a great deal of insight into how some of Ohio's judges get, keep, and handle their judicial positions.  Disgusted?  Pissed? 

I'm hoping that Cuyahoga County is an extreme example of this sort of thing, gone wrong; but, I'll bet you--many judges bothering to read this story this morning would be well-advised to look for any resemblance for how business is conducted in their courtrooms and chambers. 

"Kinda of Robin Hoodish"

According to a report at the Winston-Salem Journal, Judge Denise Hartsfield characterizes her practice of fixing tickets for friends and family as "kinda of Robin Hoodish."  In otherwords, unethical.  What follows is an excerpt from Michael Hewlett's story:

"District Judge Denise Hartsfield fixed traffic tickets for friends, acquaintances, members of her church and others, then lied to the State Bureau of Investigation about it, the state judicial commission alleges in a statement of charges. She told an SBI agent that her actions do appear to be "kinda Robin Hoodish," according to the statement by the N.C. Judicial Standards Commission.

'Respondent (Hartsfield) engaged in a continuing pattern of conduct in which she entered beneficial judgments for certain defendants,' said the statement, which cited 22 cases.

The commission filed the charges March 1 after an investigation by the SBI. The commission will hold a hearing in the next few months. If it finds ethical violations, it will recommend discipline to the N.C. Supreme Court. The court could censure Hartsfield, suspend her or remove her from office."
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The ABAJournal linked to this story first.

I can empathise with a Judge attempting to do real world justice, but he lying to the State Bureau of Investigation is going to cost her some licensure issues if not outright loss of license or suspension.  There's a judge in OurTown who was convicted in federal court of multiple counts of lying to the FBI about a favor she did for a politician that in and of itself was not illegal and at worst was simply unethical.  In covering up her unethical act she ruined her reputation, lost her law license and is looking at approximately 7 years in the federal penitentiary.   

Georgia Judge Was a Hard Working Lawyer, Maybe Too Hard Working--Update

The Atlanta Journal-Constitution is reporting Monday evening that the Gwinnett County District Attorney is investigating whether Judge Rodney Harris (pic) was exaggerating when he claimed to have been working astonishing hours for his indigent defendants.  The judge, a former private attorney who was working in the Georgia indigent public defense program was able to work these eye-popping hours, year after year billing the Georgia taxpayers over a million dollars under this indigent criminals program.  Randomly sampled bills that Judge Harris submitted while he was a private lawyer claims that on several occasions he worked 24-hour days, others 21 hours.

He's in trouble.

Georgia Judge Was a Hard Working Lawyer, Maybe Too Hard Working

Gwinnet County, Georgian Judge Rodney Harris was a hard working public defender. Records he submitted for payment indicate that he could work and bill 24-hours a day. Now I know we've seen lawyers "value-billing" for 24-hour workdays, but actually working all around the clock--that's a trick. I have a feeling the Atlanta Journal-Constitution investigation into Judge Harris' billing practices prior to the time he took the bench have just cost his Honor a little heartburn. We shall see. Here's an excerpt from reporter Andria Simmons' story:

"Working more than 24 hours in a single day is an impossible feat. But an internal audit released Thursday found that a  Gwinnett Recorder's Court judge billed the county for just such a thing three times while he was a court-appointed indigent defense attorney.   Rodney Harris also would have had to work between 60 and 70 hours a week with no break to have rightfully earned the $1.1 million for which he billed the county between 2005 and 2010, the audit found.

Harris said Thursday 'At this point I don't have any comments to make.' He said he would make a statement in the future."
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Well, at least there is one Georgian who knows how to shut his mouth, when mouth-shutting is called for.

Here Comes the Judge!--Judge Arditti Returns to Bench Following Acquittal

Judge Regina Arditi (pic) returned to her West Texas courtroom following her acquittal on bribery and corruption charges.  This is the Associated Press account from the Houston Chronicle website: 

"A suspended judge expects to be back on the state district court bench in El Paso a day after her acquittal [on] corruption charges.  Regina Arditti returns to her judicial duties Thursday after El Paso County jurors acquitted her Wednesday of two bribery counts, two counts of [abuse] of official capacity and one of prohibition applicable to trading.

Prosecutors had accused the judge of agreeing to hire state District Judge Manuel Barraza's sister as court coordinator in return for Barraza agreeing to hire Arditti's son as a bailiff. Barraza also was charged in the case, but those charges were dropped when he was sentenced to five years in prison in July in a federal bribery case. [Judge Barraza] was reindicted [on state charges] and is scheduled for trial May 23[rd.]_____________________________
Bet this judge has a new outlook!  A wee bit more empathy for the criminally-accused, perhaps?

Judge Salcido Resigns

Remember Judge Salcido, the San Diego municipal court judge who turned her courtroom into an audition studio? 

She wanted to become the Hispanic Judge Judy.  Here's a link to my earlier report on her outrageous and offensive courtroom demeanor which included turning everyone into a object to be jeered and mocked.  Despite ethics commission findings of 39 violations, the judge continues to characterize her alleged abuses as "[her] style" and "humor."

The San Diego Union is reporting that the Judge struck a deal to preserve her law license but requiring her to relinquish her judicial office and take a public reprimand. 

What Don't Some Judges Get About Sexually Appropriate Conduct?

The public can only have confidence in the operation of the Courts if the lawyers in suits and robes are not taking money from one another, not employing one another, and not screwing or trying to screw one another. 

Many times over the years, I had clients tell me, that at the prior hearing that I did not attend--prior to being hired, so-an-so opposing lawyer and so-and-so judge--were yucking it up before "hearing my case."  Usually knowing the lawyer and Judge involved, I was always careful to tell prospective clients that the lawyers and judges, know one another and are often friends--but that their friendship does not mean that proper rulings and justice will not happen in their case.  But this toxic perception, this appearance of impropriety: duck-hunting and such, so undermines the confidence of the public in the "straightness" of rulings.  This conduct is targeted by canons of ethics.  The need to manage appearances is incredibly important, especially when rulings are "tough." 

I am so sick of stories of Judges who let their tiny little hard-ons, er egos destroy the confidence the Public has in the integrity of their rulings.  I want to believe in the ideals of justice, just like you.

Corrupt New Orleans Judge Goes to Prison

Former St. Bernard Parish Judge Wayne Cresap was sentenced Thursday to five years in prison and fined $100,000 for taking part in a judicial bribery scheme that allowed inmates to get out of jail without paying bond money. Ted Jackson, at the Times-Picayune reports:

U.S. District Judge Mary Ann Vial Lemmon ordered [former Judge] Cresap be placed on three years of supervised release following the prison term, but the former judge will still walk away with more than $65,000 in annual retirement income after claiming a disability with the state retirement system.

Cresap pleaded guilty, along with two St. Bernard attorneys, to the kickback scheme last October, but his sentencing has been pushed back four times since the original January date. The two lawyers involved, Victor J. "V.J." Dauterive and Nunzio Salvadore "Sal" Cusimano, were sentenced in April to 48 months and 33 months in prison, respectively.  Five years was the maximum prison sentence for Cresap's charge, conspiracy to commit wire fraud. Cresap must report to prison Nov. 8. His attorney, Pat Fanning, requested that he be taken to Federal Prison Camp at Saufley Field in Pensacola, Fla., but the federal Bureau of Prisons will ultimately make the decision.

Authorities said Dauterive and Cusimano took cash -- veiled as a retainer fee -- from family or friends of inmates at the St. Bernard Parish Prison. They would then split the money with Cresap and the judge would convert secured bonds, which require actual money or property to be pledged, into personal surety bonds that required only a written agreement that the money would be paid if the defendant skipped court.

The arrangement resulted in the release of nearly 100 inmates over a five-year period starting in 2004. Cresap and Dauterive both pleaded guilty to taking between $70,000 and $120,000 over the five-year period; Cusimano pleaded guilty to taking between $10,000 and $30,000 during the same period.  As part of his plea agreement, Cresap resigned last October. He has also permanently resigned from the practice of law.

Also as part of the plea agreements, Cresap agreed to be interviewed by prosecutors or potential grand juries in other cases. Cresap's sentencing had been pushed back numerous times from an original January date, fueling speculation that he might be cooperating with federal authorities in other matters. Fanning said he did not know about Cresap's cooperation with the government, but said his sentence did not indicate any leniency.

'If he cooperated, it didn't do that much good, because he got the maximum you could get,' he said. Fanning said he certainly doesn't speak for federal judges in eastern Louisiana, but added, 'It seems clear to me that the judges are intent on sending a message that if you get convicted in federal court in the eastern district of Louisiana in a public corruption case, there will be severe consequences. That's what I get from this.'

Even while in jail as a convicted felon, Cresap will continue to receive monthly retirement income of $5,423, around $65,076 annually.  According to rules governing judicial retirement on the Louisiana State Employees' Retirement System's Web site, Cresap, 63, would not be eligible to receive retirement benefits until he is 65, based on his length of service. But Cresap was able to retire due to a disability, which means he'll get the benefits earlier, Fanning acknowledged.  Fanning said Cresap has had back problems for many years. He said three doctors presented information to the retirement system, which made the decision to grant him retirement. Fanning said the amount Cresap will get is about half of what his potential full retirement would have been.

As a judge, Cresap, who was elected in 1999, presided over the bizarre, controversial fight over the estimated $250 million estate left by Arlene Meraux, the heiress to St. Bernard land baron Joseph Meraux's fortune. The U.S. attorney's office issued a subpoena this year requesting documents related to the court fight over who would control her riches.  In 2002 he declared the elderly Arlene Meraux incapable of handling her affairs and awarded significant control of her multimillion-dollar estate to Sal Gutierrez, a political ally of Cresap and St. Bernard Parish Sheriff Jack Stephens. Gutierrez and Stephens later became members of the board that controls the Meraux Foundation estate, along with Chalmette lawyer Sidney Torres III, Arlene Meraux's niece Rita Gue and Gue's husband, Floyd Gue.  Since then, all board members except Stephens have drawn annual salaries from foundation money that have escalated from $35,000 to $120,000 each in 2007. Stephens does not take a salary but has a management interest in the historic Lafitte's Blacksmith Shop bar in the French Quarter, once owned by Meraux and still part of the estate, and a long-term lease to manage property that houses the Breton Sound Marina and offshore oil and gas support equipment on Meraux Foundation land in Hopedale."

Ticket Fixing Judge Sentenced

Melissa Hayes at the Jersey Journal reports on the sentencing of the former Jersey City Chief Municipal Judge Wanda Molina for fixing traffic tickets.  This is an incredible story of systemic corruption of Small Law in New Jersey, reminding us all why it's important that people with integrity hold these important positions:

"The former chief judge of the Jersey City Municipal Court was remorseful and stoic this morning as she was sentenced to probation and community service for fixing nine tickets. Wanda Molina, 51, told state Superior Court Judge Harry Carroll, sitting in Hackensack, that she regretted her actions.

Molina was sentenced to probation followed by 364 days in prison, but if she successfully completes the terms of her probation she can ask that the prison portion of the sentence be dismissed.   In addition, she must complete 500 hours of community service and pay restitution for the fixed tickets, an amount the court said is still being calculated. Molina's attorney had argued just for probation.  [Judge] Carroll said he struggled with the sentence, having handed down a three-year prison term last week for another figure in the tix-fix scandal.

While [Judge] Molina had an otherwise exemplary career, he said, she must be held to a higher standard. However, former court administrator Virginia Pagan had admitted to a far higher number of fixed tickets, 215.  Also, Pagan pleaded guilty to second-degree crimes while Molina pleaded guilty to third- and fourth-degree crimes, which don't mandate jail time, Carroll said.  Molina has also forfeited her right to public employment. Ten supporters were in the court with Molina and 20 letters had been written on her behalf.

'I had a lapse in judgment for which I am accountable,' she told the court. 'The punishment I have already endured for the last three years is one that will be with me for the rest of my life.''  When Molina left the court, she was hugged by teary-eyed supporters.

Molina and Pagan were among several Jersey City Municipal Court officials, including judges, snared in a 2007 ticket-fixing scandal following an investigation launched by Hudson County Assignment Judge Maurice J. Gallipoli. The probe was turned over to the state Attorney General's Office for prosecution and moved to Bergen County Superior Court.

According to the indictment, Molina fixed the tickets for a close friend. Although she initially pleaded innocent, Molina admitted her crimes in June."
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As I have said many times on this "blawg" do not underestimate the importance of Municipal Courts.  Several of the most profound lawyers I've ever had the honor of knowing held these positions with pride and integrity.