Misconduct Report: February 2015
The Misconduct Report | |
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| A monthly round-up of notable judicial misconduct allegations | |
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March 19, 2015
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 faces formal charges for cussing at store owner
Jacqueline Schwartz: On February 19, 2015, Florida's Judicial Qualifications Commission filed formal charges against Judge Jacqueline Schwartz of the Miami-Dade County Court for her alleged misconduct at a KWIK Stop convenience store. On June 2, 2014, Schwartz entered the KWIK Stop to inquire about her opponent's campaign sign hanging in the store's window. Schwartz then allegedly got into an argument with the store owner, Firas Hussain, told him to "Go f--- yourself" and threatened to sue him.[1] On February 24, 2015, Schwartz agreed to apologize to Hussain in a formal letter and to be publicly reprimanded in order to settle the allegations of judicial misconduct against her.[2] The Florida Supreme Court will now decide to accept or reject the settlement.[3]
Formal charges levied against judge for failed recusal
Timothy Henderson: On February 27, 2015, the Kansas Supreme Court ordered that Judge Timothy Henderson of the Eighteenth Judicial District be suspended for 90 days without pay after finding him guilty of judicial misconduct. The court's opinion followed a recommendation by the Kansas Commission on Judicial Qualifications, which found that Henderson had used "extremely poor judgment or blatantly misused the power of his judicial position" when he made “offensive and demeaning comments of a sexual nature to female attorneys and staff members.”[4]
Back in March 2014, the Kansas Commission on Judicial Qualifications had filed formal charges for three judicial conduct violations against Henderson. The charges were the result of a complaint filed by Sedwick County District Attorney Marc Bennett and involved inappropriate sexual comments allegedly made by the judge to female prosecutors.[4] The first count alleged that Henderson sexually harassed female prosecutors appearing in his court on cases, expressed gender bias and created a hostile work environment. In testifying during the hearing, many women indicated they did not come forward to complain because they felt Henderson might ruin their careers. The second count involved an email Henderson sent from his personal email account that was critical of an attorney who had appeared before him at the juvenile court. According to the charges, the commission indicated Henderson's email conveyed bias and prejudice, and expressed hostility and dislike toward an attorney.[4]
Henderson was also charged with using his judicial position for personal advantage. He was said to have approached a school board member, Lanora Franck, after Henderson's wife was not offered a teaching contract. Franck also worked as a juvenile justice education liaison at the Sedgwick County Department of Corrections and had contact with Henderson at the juvenile court. Franck claimed that after Henderson asked her about the situation with his wife, she felt pressured to look into the matter. She noted he "had a reputation of becoming upset if he feels crossed."[4] She ultimately learned that his wife had been offered a teaching contract but did not accept it. Franck also testified that she received compliments from Henderson about the way she looked "that made her uncomfortable."[4]
The Kansas Supreme Court, in its judgment against Henderson, also ordered that, since Henderson did "not seem to appreciate why his conduct was unacceptable," he would have to complete a training course on sexual harassment, retaliation prevention and discrimination.[5] In addition to the harassment claims, the court found that Henderson had tried to use his judicial position and influence to find employment for his wife, and that Henderson's "misconduct struck at the very heart of the honor and dignity that the public expects."[5]
See also
Footnotes
- ↑ Florida Supreme Court, "Before the Florida Judicial Qualifications Commission: Inquiry concerning the Honorable Jacqueline Schwartz," February 19, 2015
- ↑ Miami Herald, "Florida disciplines Miami-Dade judge who told store owner, ‘Go f--- yourself’," February 24, 2015
- ↑ The Republic, "Miami-Dade County judge agrees to apologize for cursing at store owner over campaign signs," February 24, 2015
- ↑ 4.0 4.1 4.2 4.3 4.4 Kansas.com, "Sedgwick County head juvenile court judge faces hearing on complaints," May 17, 2014
- ↑ 5.0 5.1 Kansas.com, "Supreme Court suspends Judge Henderson for 90 days," February 27, 2015
