Misconduct Report: March 2015
The Misconduct Report | |
|---|---|
| A monthly round-up of notable judicial misconduct allegations | |
 | |
| |
April 3, 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 charged with judicial misconduct for behavior toward election opponent
Gregory T. Popovich: On February 19, 2015, the Kentucky Judicial Conduct Commission filed formal charges against Judge Gregory T. Popovich of Kentucky's 17th District Court for failing to observe "high standards of conduct" when his election opponent, Cameron J. Blau, appeared before him in court.[1] On August 5, 2014, Popovich accused Blau, the chief assistant county attorney for Campbell County, of "improperly assisting the Defense Counsel" during hearing motions in a traffic stop case.[2]
The commission found that Popovich "stated in open court that [his] grounds for this accusation were based, in part, on ex-parte hearsay statements made to [him] by attorneys who were not involved in the case at social gatherings outside of court," and that "[w]hen Defense Counsel denied receiving any improper assistance, [Popovich] accused him of lying in front of his client." Furthermore, the commission stated that Popovich made derogatory statements about Blau, called him an "alleged" chief assistant county attorney, and then declared that Blau did not practice law and only worked on computers.[2]
On March 10, 2015, Popovich filed his answers to the charges, denying the misconduct allegations against him. His attorney, Stephen Ryan, stated regarding his client's actions that "Judge Popovich was trying to determine if some unethical activity had taken place or if ... the case had to be dismissed."[1]
As of March 13, 2015, a hearing date had not yet been scheduled. If found guilty of judicial misconduct, Popovich faces sanctions and a possible removal from the bench.[1] The full notice of formal charges and Popovich's answer can be found here.
Judge suspended by Louisiana Supreme Court
Sheva Sims: On March 17, 2015, the Louisiana Supreme Court suspended Judge Sheva Sims of the Shreveport City Court without pay for 30 days. The court found that Sims had committed willful misconduct on April 24, 2012, when she wrongfully held an assistant city prosecutor, Katherine Gilmer, in contempt of court, and then dismissed 15 cases on the criminal docket that day. Before Sims became a judge, Sims and Gilmer had faced off in a number of cases. According to the court's opinion, Gilmer had disagreed with the way Sims had been handling certain cases on April 24, and Sims had felt that Gilmer's actions (flailing her arms and rolling her eyes) were in disrespect of her judicial authority.[3][4]
Gilmer later apologized for her actions, and Sims dismissed the contempt charge. However, after the local news reported on the incident, the Judiciary Commission of Louisiana filed formal charges against Sims on September 25, 2013, for violating canons one, two and three of the Louisiana Code of Judicial Conduct.[3][5] Specifically, the court found that Sims had "committed legal error by failing to follow the proper procedure for addressing a direct contempt," and "acted improperly solely due to her personal frustration." She was also charged with "erroneously dismissing fifteen cases before her on April 24, 2012."[3]
Judge arrested for drunk driving
Gisela D. Triana-Doyal: On March 20, 2015, Judge Gisela D. Triana-Doyal of the Texas's 200th District Court was arrested on suspicion of drunk driving. She was booked at the Travis County Jail and was released later on a personal bond.[6]
The evening of her arrest, Triana-Doyal had attended a Jimmy Kimmel Live taping in Austin, Texas. She then went out and dined with a fellow judge and some prosecutors and defense attorneys.[6] According to her arrest affidavit, Triana-Doyal consumed four drinks that night. She was then pulled over by police for driving 47 miles per hour (17 miles above the speed limit). The police officer described Triana-Doyal as swaying, smelling strongly of alcohol, with glassy eyes. An empty bottle of Mike’s Hard Lemonade was also found in the center console of her car. Triana-Doyal refused to take a breathalyzer test or give a blood sample; however, an officer later administered the blood test.[7]
See also
Footnotes
- ↑ 1.0 1.1 1.2 Cincinnati.com, "NKY judge accused of misconduct involving election foe," March 12, 2015
- ↑ 2.0 2.1 Kentucky Court of Justice: Judicial Conduct Commission, "In re the matter of: Gregory T. Popovich, District Court Judge 17th Judicial District," accessed March 13, 2015
- ↑ 3.0 3.1 3.2 Supreme Court of Louisiana, "In re: Judge Sheva M. Sims," March 17, 2015
- ↑ The Louisiana Record, "Shreveport judge suspended for willful misconduct in wrongfully holding attorney in contempt of court," March 17, 2015
- ↑ Louisiana Supreme Court, "Code of Judicial Conduct," accessed March 18, 2015
- ↑ 6.0 6.1 Austin American-Statesman, "Judge Gisela D. Triana arrested on suspicion of DWI," March 22, 2015
- ↑ Statesman.com, "Affidavit: Judge Gisela Triana had empty alcohol bottle in SUV," March 23, 2015
