Misconduct Report: August 2014

The Misconduct Report
A monthly round-up of notable judicial misconduct allegations

September 16, 2014

By: State Courts Staff

Two judges charged with domestic violence, a drunk judge drives into bus and flees, another drives drunk with kids in car, and several judges face ethics complaints for courtroom misbehavior.

The Judicial Misconduct Report is a monthly report discussing select state-level judges facing formal misconduct charges. The report discusses notable charges of judicial misconduct from the past month and offers updates on pending and resolved cases. Unless otherwise noted, any misconduct charges should be considered allegations.

News

Judge arrested, charged with domestic violence

Mark Fuller: On August 9, 2014, Fuller, an Article III federal judge for the United States District Court for the Middle District of Alabama, was arrested and charged with domestic violence. Police arrived at the Ritz Carlton on 181 Peachtree Street in Atlanta, Georgia, in response to a call. Officers questioned the victim who stated she had been assaulted by Fuller, her husband. Officers also noted the victim had sustained injuries.

Fuller was charged with misdemeanor battery and spent the night in jail. He appeared before Chief Magistrate Stephanie C. Davis and was released on a $5,000 signature bond.

This is not the first time Fuller has been accused of domestic violence. Fuller's previous divorce records contained his wife's initial complaint, accusing Fuller of domestic violence, drug abuse, and engaging in extramarital affairs.

On September 5, 2014, Fuller accepted a plea deal, whereby he may have his misdemeanor battery charge dismissed and his record expunged contingent upon the completion of a 24-week court program. The program will include a domestic violence program, court-approved counseling, and alcohol and substance abuse testing.

Upon accepting the plea deal, Fuller stated:

“

"I reached this difficult decision after consulting with my family, and deciding that it was in everyone's best interests to put this incident behind us. While I regret that my decision means that the full and complete facts regarding this incident will likely not come out, I have no doubt that it is what is best for all involved."

”

Ohio judge charged with assaulting wife

Lance T. Mason: On August 4, 2014, Judge Mason of the Cuyahoga County Court of Common Pleas General Division in Cleveland, Ohio, was charged with one count of felonious assault for allegedly attacking his wife while driving his car. His estranged wife was found to have multiple apparent injuries on her face. Following the alleged assault, Mason's sister reported to the police that Mason was threatening suicide.

Police arrived at Mason's home and arrested him. They also confiscated a large collection of ammunition and weapons. (For a full list, see WKYC.com). Judge K. J. Montgomery, of the Shaker Heights Municipal Court, ordered a psychiatric evaluation for Mason and a full protection order to prevent contact with his wife and children.

On August 26, 2014, Mason was indicted by a Cuyahoga County grand jury on charges of kidnapping, domestic violence, felonious assault, and child endangerment.

Judge charged with driving drunk and endangering her children

Anya A. Tendler: On August 6, 2014, Judge Tendler of the Madrid Town Court in St. Lawrence County, New York, allegedly struck another car and then fled the scene. After a mile-long pursuit by the police, Tendler pulled her car over and refused a breathalyzer test. In the back seat of Tendler's car were her 5-year-old triplets.

Tendler was charged by the state police with "three felony counts of aggravated DWI, unlawfully fleeing police, reckless driving, leaving the scene of a property damage accident, moving from a lane unsafely, driving an unregistered motor vehicle, and consuming an alcoholic beverage in a motor vehicle."

Around 8:00 a.m. the following morning, a St. Lawrence County probation officer saw Tendler purchasing alcohol. She was later found by the police at a local park with her triplets again in her car. The Ogdensburg city police arrested her, charged her with aggravated unlicensed operation, and held her at the St. Lawrence County jail. She was later released, but only under supervised probation.

Ohio judge crashes into bus, drives off

Dean L. Wilson: On August 31, 2014, Columbus City police reported that Wilson, a judge for the Perry County Court, was driving under the influence when he ran head on into a city bus in downtown Columbus, Ohio. A passenger on the bus stated that Wilson hit the bus, then backed up, and drove off. A police helicopter was engaged to search for Wilson's car, which was later found 12 miles away. Wilson refused to take a breathalyzer test or field sobriety tests and was charged with 2 misdemeanors: operating a vehicle while impaired and a hit-skip.

As a judge, Wilson has been an advocate for warning high school students about the dangers of drunk driving. He instituted a program whereby students could observe a real DUI trial that would take place in their high schools. Wilson began the program 11 years ago in hopes that it would show students the consequences of drunk driving and the effects of poor decision-making.

South Carolina judge receives public reprimand

George T. Ferguson: In April 2013, Ferguson, a magistrate judge for Abbeville County in South Carolina, was charged with two counts of committing misconduct while in office. In May 2014, Ferguson pled guilty to the counts which involved receiving sex in exchange for preferential treatment or money while on the bench. He was indicted twice by the State Grand Jury. Once for exchanging money and preferential legal treatment for sex with one woman from 1996 to 2009, and the second for engaging in the same misconduct with another woman from 2001 to 2011.

The charge of misconduct in office is a common law misdemeanor and is punishable with up to ten years in prison. Ferguson was given a 90-day sentence.

In August 2014, the South Carolina Supreme Court handed down a public reprimand to Ferguson. A public reprimand is the severest form of punishment a judicial officer can receive from the state's highest court.

Georgia judge under investigation over bail bonds

James R. Osborne: An alleged conflict of interest arose when it was discovered that hundreds of bonds for people appearing before Judge Osborne, a judge for the Paulding Judicial Circuit in Georgia, came from a company called Freedom Bail Bonds. It was revealed that Osborne's long-time secretary was married to the owner of that company. Additionally, Osborne's wife, an attorney, signed the company's incorporation documents.

Jess Gabel, a law professor at Georgia State University, opined: "Certainly a judge should never use their office to create any sort of advantage for anyone. It would be really hard for the judge to say, I didn't know that my secretary or her husband owned this company."

The Georgia Judicial Qualifications Commission started an investigation, but soon after, Osborne announced his retirement, effective October 1, 2014.

Ethics complaint filed against judge

Linda Schoonover: On August 25, 2014, the Florida Judicial Qualifications Commission filed an ethics complaint against Schoonover for "a pattern of behavior which is inexplicable, appears to demonstrate instability and is disruptive to the 18th Judicial Circuit.”

The charges listed cite a previous complaint that had been filed by either Schoonover or someone acting on Schoonover's behalf expressing concern that her offices had been bugged and that Chief Judge Alan A. Dickey had tried to influence her decision-making as a judge. The list of charges also include Schoonover's repeated expressions of paranoia about other judges and their treatment of her, the refusal of other judges to act as her mentor due to her paranoid allegations, her installation of video cameras in her courtroom to monitor others, and complaints that her caseload was excessive in relation to other judges.

The Florida Judicial Qualifications Commission has also formally charged Schoonover with a "failure to maintain high standards of conduct," a "failure to maintain the appearance of impartiality and to avoid the appearance of impropriety," a "failure to show professional competence in the law and execution of [her] duties," and her failure "to effectively manage [her] docket and fulfill [her] judicial duties." The full notice of formal charges can be read here.

Schoonover had previously been reprimanded in January 2014 for sending a Facebook friend request to a party in a divorce proceeding in which she was the presiding judge.

Ethics complaint filed against Pennsylvania judge

Stephanie A. Domitrovich: In July 2014, the Pennsylvania Judicial Conduct Board filed a complaint against Judge Domitrovich of the Erie County Court of Common Pleas in Pennsylvania, charging her with violating the Pennsylvania Constitution and the Pennsylvania Code of Judicial Conduct. Specifically, she has been accused of displaying behavior that was "impatient, undignified and discourteous to the individuals who appeared before her" and exhibiting "[y]elling and other aggressive behavior (finger pointing, sarcasm, storming off the bench)" during several of her cases. In her interactions with another court employee, Domitrovich was accused of "non-private, bullying and inappropriate confrontation." She was also charged with engaging in improper communications with her husband, an attorney, regarding her cases, and misleading the Judicial Conduct Board during its investigation.

On August 8, 2014, Domitrovich filed a response to the Judicial Conduct Board's complaint. Documents attached with the response show that the Judicial Conduct Board, prior to filing their complaint, had given Domitrovich the option of dropping the case in exchange for her resignation. Domitrovich concluded, in her defense, that the charges are "based on the subjective, standardless perceptions and exaggerations of biased critics and detractors of a Judge who has overcome obstacles and barriers in the legal profession to become a highly accomplished Jurist."

See also

• Misconduct Report
• The Judicial Update
• JP Election Brief