Archive for the 'Judicial misconduct' Category
The Maryland Court of Appeals has removed Charles County Circuit Court Judge Robert C. Nalley from the bench. Maryland State Public Defender Paul DeWolfe earlier requested Judge Nalley’s removal, after the judge “ordered a defendant in his courtroom to be electro-shocked to shut him up,” according to Washington Post columnist Courtland Milloy.
According to the Baltimore Sun, “Maryland has a mandatory retirement age for judges, but the Court of Appeals can give them permission to keep hearing cases.” Judge Nalley had officially retired earlier. Read moreNo comments
With football star Ray Rice making new headlines after video of his beating his fiancee was made public, some analysts are finding parallels with the case of a federal district judge recently charged with assaulting his wife.
Both Rice and Judge Mark Fuller of Alabama may see their records expunged after they have participated in pre-trial diversion programs that include counseling (see Gavel Grab for background about Judge Fuller). The NFL initially suspended Rice for two games, and after the video became public, his contract was terminated by the Baltimore Ravens. Judge Fuller has been relieved of his caseload temporarily and hopes to return to “full, active status.”
For CNN, legal analyst Jeffrey Toobin wrote that both Rice and Judge Fuller received “sweet deals” in court, and “it looks like the prosecutors failed in Atlantic City and Atlanta.” His essay was headlined, “Wife-beating is not a private matter.” Read moreNo comments
If the Arkansas Supreme Court approves sanctions against Circuit Judge Michael Maggio, he will be suspended for the rest of his term and barred from ever holding judicial office again, reports ArkansasOnline.
According to the Associated Press, the ban stems from disclosing confidential details about an adoption involving actress Charlize Theron and making off-color remarks in an online forum.No comments
Now-retired U.S. District Court Judge Richard Cebull of Montana, who forwarded a racist and sexist email about President Obama from his courthouse computer, did a lot more emailing that investigators have found objectionable.
After an investigation that looked at four years of personal communications sent from his official account, according to the Associated Press, hundreds of instances of inappropriate messages were found:
“Former U.S. District Judge Richard Cebull sent emails to personal and professional contacts that showed disdain for blacks, Indians, Hispanics, women, certain religious faiths, liberal political leaders, and some emails contained inappropriate jokes about sexual orientation, the Judicial Council of the 9th U.S. Circuit Court of Appeals found.” Read more
A trial court judge ordered on Friday that the entire criminal sentencing of ex-Justice Joan Orie Melvin (photo) of the Pennsylvania Supreme Court be stayed, at least until a higher court reaches a decision on her appeal.
Last week, a three-judge panel of the state Superior Court agreed with a request by Orie Melvin’s lawyers and stayed a part of her sentencing that directed her to write apologies to former colleagues on photographs of her wearing handcuffs (see Gavel Grab).
On Friday, Allegheny County Common Pleas Court Judge Lester G. Nauhaus ordered the temporary lifting of her house arrest and probation, according to the Pittsburgh Post-Gazette.
“She’s not serving my sentence! And the problem I have with that is she’s banking credit for time served and I will not allow it!” Judge Nauhaus declared.
Orie Melvin was sentenced to three years in house arrest and a $55,000 fine. She was convicted by a jury of corruption in campaigns for the state’s highest court.No comments
Ex-Justice Joan Orie Melvin of the Pennsylvania Supreme Court will not be required as part of her sentencing on public corruption counts to write apologies to former colleagues on photographs of her wearing handcuffs — at least for now.
A three-judge panel of the state Superior Court has agreed with a request by Orie Melvin’s lawyers to stay that portion of her sentencing pending the outcome of her direct appeal, according to a Pittsburgh Post-Gazette article.
“While the requirement that she write apology letters does not involve potentially incriminating testimony in a courtroom, it nevertheless creates evidence that could possibly be used against her in a later criminal proceeding,” Judge Christine L. Donohue wrote in the opinion.
Orie Melvin was sentenced to three years in house arrest and a $55,000 fine. She was convicted by a jury of corruption in campaigns for the state’s highest court. You can learn more about her challenge to the apology directive from Gavel Grab.No comments
When ex-Justice Joan Orie Melvin (photo) of the Pennsylvania Supreme Court was sentenced on public corruption counts in May, she was ordered to write apologies to her fellow former jurists. But Orie Melvin has challenged that order on legal grounds, and it has become a point of contention.
According to the Pittsburgh Post-Gazette, Orie Melvin contends she is innocent and writing the apologies would violate her privilege against self-incrimination. But the prosecutor in the case disagrees and says that if the apology directive is stayed pending her appeal, her entire sentence and the absence of any prison term must be reconsidered.
In a filing with the state Superior Court, deputy district attorney Michael W. Streily said, “It will be the commonwealth’s position herein that if this court stays the apology letter, then [the trial judge] should be given the opportunity to stay the entire sentence, should he choose to do so, because it may be that without the rehabilitative benefit of an apology letter, appellant can only be rehabilitated by incarceration in a state prison.” Read moreNo comments
The Pennsylvania Court of Judicial Discipline barred Court of Common Pleas Judge Thomas Nocella of Philadelphia from ever serving again on the bench. It found he committed judicial ethics violations by making misrepresentations to a bar association when he was a candidate and through past involvement with a political action committee.
Nocella was an elected judge. Lynn Marks, executive director of Pennsylvanians for Modern Courts, found his sentence fair, according to a Pennsylvania Independent article.
“Removing Nocella from the bench and barring him from future judicial service sends an important message to the public and to the judiciary that the judicial discipline system ensures that our judges are held to the highest standards,” she said. “It also warns would-be judges that not only should they never lie about their qualifications during a campaign, but that there are serious consequences, including removal, for lying one’s way to the bench.” Read moreNo comments
There is a new final order in the investigation into the conduct of then-U.S. District Court Judge Richard Cebull of Montana, who forwarded a racist and sexist email about President Obama from his courthouse computer (see Gavel Grab) and who retired in May. Like a previous order in the matter, this one is not public, but it may be made public later.
The Judicial Council of the Ninth U.S. Circuit Court of Appeals met June 28, and Chief Judge Alex Kozinski subsequently announced a new order issued in the complaint, according to a Great Falls Tribune article. ”If no appeal of the order is made, the order will be made public after the 63 days is up,” the newspaper reported.No comments
The return to the bench of a local Pennsylvania judge, who pleaded guilty in connection with the fixing of her own traffic tickets, has drawn questioning in some quarters.
The Pennsylvania Court of Judicial Discipline ruled that Lancaster District Judge Kelly S. Ballentine would be allowed to return to the bench after 16 months of suspension. The state Board of Judicial Conduct had petitioned the discipline court to permanently remove Judge Ballentine from her position (see Gavel Grab).
“It gives new meaning to the concept of justice being blind,” said a Lancaster New Era opinion.
“The actions of Judge Ballentine are unacceptable. Although we appreciate that she took responsibility for her actions, judges should be held to a higher standard because they sit in judgment of others,” said Lynn Marks, executive director of Pennsylvanians for Modern Courts, a court-reform organization and JAS partner group. A Lancaster Online article reported her views. Read moreNo comments