DUI Judge Is a Drunk Driver, Nice!

The unhappy looking man in the picture is the former Municipal Court Judge for the town of Forsyth, Georgia (near Macon,) as you may have noticed the picture looks vaguely like a mug shot.  That's because this is the booking photo for the Judge who admits he was driving drunk. 

Judge Jeff Davis has stepped down from his municipal court judicial position following his impaired driving arrest in recognition that it's a tough sell, adjudicating drunk driving cases when you yourself are a drunk.  He did hang onto his Monroe County magistrate's position because that job does not entail DUI cases.

And Of Course, the Judge is Driving and Drinking



Chief Judge Rucker Smith mugshot

 WALB TV-News reports on the Americus, Georgia Chief Judge caught driving while drinking:  This is Jennifer Emert's report:

"A southwestern judicial circuit judge was on the bench Monday after being charged Saturday with Driving Under the Influence.  Chief Judge Rucker Smith was arrested for DUI Saturday afternoon, after being stopped for speeding in Leslie.   Police say Judge Smith refused to take a field sobriety test, so he was taken to jail and booked on speeding, open container, and driving under the influence refusal first offense charges.

Judge Rucker Smith also hears cases here in Lee County. Driving Under the Influence has a lot involved with it, first there are two types of DUI in Georgia Alcohol and Drug related offenses.Judge Rucker Smith was pulled over Saturday, just after 5:00 on Federal Street in Leslie. Leslie Police say he was stopped for driving 63 miles per hour in a 45 mile per hour zone.  That's also when they spotted and open container of alcohol the in vehicle. Police say he refused a sobriety test was arrested and charged with DUI refusal first offender. Dougherty County Police we spoke with today say that's the first step in the process. [ . . . ]

[W]hen you're taken to jail, Sumter County [as] in Rucker Smith's case, you're asked again to submit to a breathalizer, blood, or urine testing.

'In the case of alcohol nine times out of ten, to the jail when we'll again read implied consent and you'll be asked to submit to the state administered chemical test of your breath on an Intoxilizer 5000,' said Wertz.  If you refuse the test, you're booked into jail, which Smith was. The Sumter County Jail confirms that Smith was never tested at the jail. While a first DUI offense is just a misdemeanor, three times in five years earns tougher penalties. [ . . . ]
Judge Smith faxed us a statement this afternoon saying he has been advised not to comment on his case.

In 2005, the judge was charged with battery and simple battery in a fight with his girlfriend. The following spring, a jury acquitted him of those charges."
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Think the folks at the Sumter County jail were cutting the judge a break?  Sounds like there's a chance that this guy is going ot be enabled into a real jack-pot.

Trenton, NJ Municipal Judge: "I'm Sick of Y'all!"

A Trenton, NJ municipal court judge resigned her seat at the insistence of the presiding court Judge or Trenton's Mayor, it's not clear.  What follows is an excerpt from Alex Zdan's report for the Trenton Times:

"Embattled city municipal court Judge Renee Lamarre Sumners resigned yesterday after she was directed to do so by Superior Court Judge Linda M. Feinberg, a judiciary spokeswoman said.  Sumners returned to the city bench Friday after Feinberg ordered her off more than a week ago following revelations the lower judge bounced checks for law license renewal fees, had IRS liens on her house and a warrant for her arrest.

'I’m tired of it, I’m tired of it,' she said. 'My health is being impacted, my family is being impacted, it’s making me sick.'  An audibly drained Sumners said her financial troubles began with a diagnosis of cancer in 2000 which has never gone into remission. 'When you are a cancer patient, and you have deductibles and you have medical bills, things snowball,' she said.

The decision to step off the bench for a week was 'mutual' between herself and Feinberg, she claimed, and Sumners had spent last week doing administrative work at the municipal court, she said.  Sumners denied her meeting with Feinberg yesterday led to her stepping down.

'The meeting with Judge Feinberg had nothing to do with my resignation,' she said. 'I met with the judge today talking about a homeless initiative for the city of Trenton.'

Feinberg and Sumners met face-to-face yesterday morning, said Winnie Comfort, a spokeswoman for the state judiciary. Comfort did not provide specifics of what was discussed at the meeting.

'All I can tell you is that she was told to step down this morning,' Comfort said.

Sumners agreed to do so and never retook the judgeship Feinberg had restored her to just this past Friday, Comfort said.

'She stepped down, she did not go down to the courthouse or down to the bench,' she said.

Sumners met with Trenton Mayor Tony Mack late yesterday afternoon, and submitted her resignation to him then, according to a statement released by the mayor’s office.

'In order to spare my family, the City Administration and Mercer Vicinage Judiciary any further embarrassment as a result of recent controversies concerning my appointment to the bench, I respectfully request that you accept my resignation as a judge of the Trenton Municipal Court effective immediately,'  she wrote.

In the city statement, Mack praised Sumners’ decision.

'Judge Sumners, thank you for your diligent and tireless effort to preserve the integrity of the City of Trenton’s judicial process,' Mack said. 'Your resignation further demonstrates your ability to serve the public’s best interest.'

City Council President George Muschal, a Sumners critic who had voted against her initial appointment and demanded she submit to a required background check, said Sumners’ resignation was the best outcome to the situation. 'Hey, it was (in the) better interest for the city of Trenton to go forward,' he said.

Only the state Supreme Court can remove a municipal judge from office.

The council approved Sumners in late August without a background check, and Sumners ignored demands she submit to one once she took the bench. A check wasn’t conducted until last Thursday, when Feinberg ordered sheriff’s officers to run Sumners’ prints. The nationwide lookup did not reveal any arrests, convictions, or outstanding warrants, the judiciary said.

'As a person, she was a very nice person, but the law is the law, you have to take a background check,' Muschal said. 'This is what the council voted on, so be it.'  Muschal, who has been accused by his fellow council members of withholding information he obtained on Sumners, denied he had a hand in forcing the judge to resign.

[Judge] Sumners remains bitter the council demanded she submit to the check. 'No municipal court judge has had to take fingerprints or do a background check, none,' she said.  Sumners still has her law license and says she could return to private practice, but is uncertain if she will remain in Trenton. 'I don’t know,' she said. 'I’m sick of y’all.'
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Apparently Judge Sumners is not planning a comeback.  Then again former Vice-President Nixon had something similar to say after losing the 1960 election to John F. Kennedy and the California Gubernatorial race to Jerry Brown's father.  Oh, and Sarah Palin seems to have demonstrated that quitting can be made to work for you.

Being an Elected Judge in an Era of Angry Voters

It's tough being a good judge, especially when the voters are angry and ill-informed about the ethical obligations of your job. 

In Nebraska  Judge John P. Murphy  who is up for a "retention election" is being held to account for a decision to "recuse" himself form presiding over cases involving a law firm that filed a judicial complaint against a colleague.  The colleague, Judge Kent Florom was removed by the Nebraska Supreme Court for judicial misconduct; Judge Murphy objected to the actions of the law firm that filed the complaint against his former colleague.  Instead of prejudicing the law firms' clients Judge Murphy is doing what the rules of ethics require him to do--not hear the law firm's cases.  Here's the rest of the story from reporter Leslie Reed at the Omaha World-Herald:

"Opponents are asking voters to oust a Lincoln County district judge when he stands for retention on the Nov. 2 ballot.  District Judge John P. Murphy (pic, right)  of North Platte is among more than 50 Nebraska judges whose names will appear on the ballot for a constitutionally mandated vote on whether they keep their jobs.

Mike Groene, leader of the Western Nebraska Taxpayers Association, said he and other citizens have been calling radio stations and writing letters to newspaper editors in a word-of-mouth campaign against Murphy.  'There’s no political action committee — it’s just citizens getting involved who are irate with his behavior,' Groene said. 'He’s costing us tax dollars, he’s costing individuals when they appeal and he’s costing the court system.'

[Judge] Murphy came under fire recently for his decision to recuse himself from handling cases involving members of a North Platte law firm whose complaint led to the removal of Lincoln County Judge Kent Florom.

[Judge] Florom, a county judge in North Platte, was ousted by the Nebraska Supreme Court for threatening a local prosecutor and trying to influence a juvenile court case.  [Judge] Murphy said he recused himself because he disagreed with how the law firm handled its complaint against Florom.

'I did what I was supposed to do,' he said, saying he recused himself because he did not think he could be impartial in handling the firm’s cases.

However, in a pending ethics complaint against Murphy, former State Sen. Ernie Chambers of Omaha says the judge’s actions would discourage other lawyers from coming forward to report suspected judicial misconduct.  The Nebraska Constitution requires judges to go before voters at the first general election that occurs three years after their appointment. After that, they stand for retention every six years.

Groene said he was concerned about the misconduct allegation, as well as Murphy’s relatively low approval rating by lawyers who practice in his court and the number of his decisions that are overturned on appeal. Groene also said he was angered over Murphy’s decision to cancel an election on a petition drive that challenged the use of a hotel tax to pay for North Platte’s Golden Spike monument.

Murphy said it’s in the voters’ hands whether he should be retained after 27 years on the bench.

Other judges facing a retention votes this November include:

---Chief Justice Michael Heavican, who will face voters for the first time since his October 2006 appointment.

---Lancaster County District Judge Jeffre Cheuvront, who made national headlines with a 2007 order prohibiting a woman from using the word 'rape' when she testified against a man accused of sexually assaulting her.

----Douglas County Juvenile Court Judge Elizabeth Crnkovich, who received the lowest approval rating of any judge in the state in a recent performance evaluation conducted by lawyers.

The Nebraska State Bar Association makes no recommendation whether an individual judge ought to be retained or removed, said executive director Jane Schoenike.  However, it attempts to assist voters by conducting a performance evaluation every two years in which lawyers submit anonymous reviews of the judge’s skills and recommend whether the judge should be retained. The results of the evaluation are available on the bar association’s website.

The Nebraska Judicial Branch also provides an online voter’s guide on judges, including brief biographies of some judges. 'We urge citizens to take the decision very seriously. They have the ultimate responsibility,' said Schoenike.

[Judge] Crnkovich, a former juvenile court prosecutor, was appointed a juvenile court judge in 1995. She has a lengthy résumé of involvement in issues facing youths and played a leadership role in developing Douglas County’s 'problem-solving'  courts, designed to aid juveniles and their parents in overcoming chemical dependency.  However, in the 2010 bar association survey, only 37.3 percent of lawyers participating thought she should be retained in office. She received her lowest marks for temperament and demeanor and for making  'undue personal observations or criticisms' of those in her courtroom.

[Judge] Cheuvront’s controversial ruling came in a case in which a woman accused a man of taking advantage of her drunkenness to sexually assault her. He granted a defense attorney’s request that the woman be forbidden from using the word 'rape' when she testified about what happened to her.  Cheuvront nonetheless appears to be a well-regarded judge among lawyers who practice before him. Appointed to the bench in 1983, Cheuvront was recommended for retention by more than 91 percent of the lawyers who evaluated his performance.  Cheuvront said that facing a retention vote every six years is better than having to raise money and campaign for office, as judges in some states have to do.

'It’s a good balance, and it serves the people of Nebraska very well,' he said."
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Look, Judge Murphy may be a martinet but, he's right--if he can not be fair and impartial in the matters before him brought by this law firm, the code of judicial conduct requires that he remove himself.  This "angry taxpayer" is right, Judge Murphy's decision probably costs the taxpayer the services of the guy they hired to be judge.  On balance, I think removing a judge because of an "ethical" decision sets a pretty poor precedent for Nebraskans, but this sort of thing seems to be the thing of the day.  We all, are in our Robespierre-moment.