Can Judges Be Removed?

A judge was accused of sexual harassment and mistreating staff and attorneys in Contra Costa County and subsequently lost his law license as per the State Bar’s determination. He then went into therapy for six months, consulted with fellow judges, did some volunteer work, and claimed that he had learned his lesson and would not repeat the kinds of behaviors that had gotten him into trouble. The Commission on Judicial Performance, which reviewed the case, reinstated his legal license, which allowed him to practice law again, although it did not return him to the bench. The Court’s ruling was based on their perception of this judge as a conscientious and exemplary judge who had simply engaged in some offensive and discourteous behavior toward women for a decade or more. 

What Usually Happens When Judges Break Oaths or Laws?

The story is not really out of the ordinary in some ways—although the penalty to the judge was harsher than what is typical for judges who get into trouble. People may be surprised to learn that roughly nine out of ten judges across the country who obviously violated their oath of office and sometimes even broke the law managed to keep their jobs on the bench. Some of the shocking judicial behavior that was deemed unethical or worse include:

• One judge who was known for being harsh with minorities and the poor sentenced a single parent to almost 500 days in the clink because of unpaid traffic tickets; the judge was required to endure an 11-month suspension without pay;
• Three judges who got into an inebriated squabble in a parking lot at 3:00 in the morning, (resulting in two of them getting shot), were able to return to the bench after being suspended.
• Another judge barged into the jury room as they were deliberating a case to proclaim that God had told him that the defendant in the case was innocent. That judge only received a warning and went back to his job on the bench (although the case in question was turned over to another judge).
• Finally, a judge who violated nepotism rules when he assigned cases to his son was ultimately allowed to retire rather than face sanctions after an investigation into the charges.

Judicial Oversight

California, like all other states, has an agency whose job it is to investigate allegations of judicial misconduct. These agencies have the authority to discipline judges with anything from reprimands up to removal. But there are those who believe these panels, generally composed of judges, lawyers, and others associated with the law, often err on the side of safeguarding the reputation and rights of judges rather than really exacting reasonable punishments. So, although thousands of people are impacted by the questionable actions of omnipotent judges, the system to hold judges themselves accountable is considered by many to be weak.

Justice for You

The experienced, dedicated criminal defense attorneys at Boertje & Associates always fight for the best possible outcomes for you. To discuss your situation, schedule a confidential consultation in our San Diego office today.