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Misconduct Report: May 2014

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The Misconduct Report

A monthly round-up of notable judicial misconduct allegations
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May 27, 2014

By: State Courts Staff

A former judge is scolded for his interactions with lawyers, another resigns to avoid a conviction of tampering with court records, and one judge is let off the hook by the state supreme court. Get the details below!


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

California

California judge disrespectful to some lawyers in court

Ronald M. Sohigian: The California Commission on Judicial Performance issued a public admonishment of Sohigian, a former Los Angeles Superior Court judge, for his treatment of lawyers who appeared before him in court. The commission stated that Sohigian treated several attorneys in a "sarcastic, belittling, and harsh manner."[1] Although Sohigian retired on April 16, 2014, the commission issued a notice of intent to publicly admonish him prior to his retirement date.[1]

Louisiana

Misconduct charges against Louisiana judge dropped

Janice Clark: In a unanimous opinion, the Louisiana Supreme Court rejected the recommendation of the state judiciary commission that Clark be suspended, without pay, for misconduct. The Judiciary Commission of Louisiana had filed formal charges against Clark, a judge of the 19th Judicial District, Division D in East Baton Rouge Parish, Louisiana, in January 2014. However, the supreme court found Clark committed no misconduct when she dismissed a 2011 case with prejudice. The dismissal with prejudice allowed the plaintiff to refile her case in the future, if she chose to do so.[2] Clark expressed relief after she learned of the supreme court's decision.[3]

Texas

Resigned judge still on ballot for May 27 runoff

Denise Pratt: Although the former Texas judge resigned March 28, 2014, she had already competed in the March 4 primary to be re-elected to another term on the court. Pratt was set to compete in a runoff election against the second place finisher in the Republican primary, Alicia Franklin York. Due to the timing of her resignation announcement, it was too late for Pratt's name to be removed from the runoff ballot.[4]

Despite the fact that it wasn't mentioned at the time Pratt resigned, Harris County District Attorney Devon Anderson announced in early May, that Pratt's resignation was part of a plea deal which allowed her to avoid being indicted for tampering with court records. Under the deal, Pratt agreed to never again serve as a judge.[5]

Anderson's statement has only added to the current confusion surrounding Pratt. Signs supporting Pratt were spotted near polling places, as recently as five days before the May 27 runoff election. Some are now concerned Pratt could win the runoff election, in spite of her resignation. Pratt's campaign website clearly states she dropped out of the Texas District 311 race.[6][7]


Utah

Disciplinary agency of the month

Judicial misconduct agencies around the country monitor the behavior of judges serving in state courts. The agencies receive and investigate complaints to determine whether a judge should be formally charged with misconduct. Depending on the findings, a judge may be disciplined for misconduct. The rules regarding judicial misconduct vary widely among states.

The Utah Judicial Conduct Commission was established by the Utah State Legislature in 1971. The commission investigates misconduct complaints made against the state's judges and also considers whether disabled judges are eligible to receive a disability retirement. The commission has no power to discipline judges. Instead, after completing an investigation, the commission makes a recommendation to the Utah Supreme Court on any action to be taken. The court can accept, reject or modify the commission's recommendations. Since 1997, the earliest year records are available, 32 judges in the state have been publicly disciplined for misconduct.

Quick facts
  • In 2013, the commission received 86 misconduct complaints and resolved 81 of them.
  • Utah is one of only two states where state legislators serve on the judicial conduct commission.[8]
  • The commission had three regular employees and a budget of $235,589 for the 2013 fiscal year.
  • In 2013, the commission met 10 times.[9]

See also

Footnotes