Misconduct Report: November 2014

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

December 19, 2014

By: State Courts Staff

Two judges censured for campaign activities; one judge suspended from the bench, and another charged with interfering with a police investigation.

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

Complaint filed against judge for interference in police investigation

Cedric Simpson: On November 12, 2014, the Michigan Judicial Tenure Commission filed a formal complaint against Simpson, a judge on Michigan's 14A District Court, for interfering in a police investigation involving his intern. According to the complaint, in the early morning of September 8, 2013, Crystal Marie Vargas, Simpson's intern, was involved in a car crash while driving intoxicated in Pittsfield Township, Michigan. She then called Simpson who arrived at the scene of the accident and allegedly interfered in the field sobriety tests being administered by a local police officer. Vargas was arrested after completing the field sobriety test and a finding of a blood alcohol level of 0.137.

Soon following the incident, Simpson purportedly contacted Pittsfield Township City Attorney Victor Lillich on a number of occasions in order to "help" Vargas out. Lillich eventually had to disqualify himself from the matter, and Vargas was later sentenced in January 2014 following her guilty plea.

Commission findings also include statements from Simpson denying he had had a personal relationship with Vargas despite evidence to the contrary, which included almost 10,000 texts and phone calls exchanged between them.

The complaint charges Simpson with 15 violations of the Michigan Code of Judicial Conduct, the Michigan State Constitution and the Michigan Court Rules. The full text of the formal complain can be read here.

Judge gets a pass on questionable campaign activity

Debra L. Krause: On November 18, 2014, the Florida Judicial Qualifications Commission stated it would not pursue any sanctions related to Facebook posts made by Seminole County Court Judge Debra L. Krause during her husband's failed 2014 campaign for circuit judge. Krause had posted this message on Mitch Krause's Facebook page:

“

Susan Stacey [sic] is again misrepresenting. … to try and make Mitch look unethical and without integrity. Could you all take a minute and POST on Ms. Stacey's [sic] campaign site that having ethics and integrity means TELLING THE TRUTH! Please post as soon as possible. I want to flood the post!"

”

Krause acknowledged using Facebook as a forum to denounce her husband's opponent, Susan Stacy, but stated she believed it had been a private statement and thus permissible under the Florida Code of Judicial Conduct. Canon 7 of Florida's Code of Judicial Conduct states that judges may not "publicly endorse or publicly oppose another candidate for public office."

Krause had been cited in the past for activities related to her own judicial campaign. In June 2014, the Florida Supreme Court ordered Krause to receive a public reprimand for unethical campaign violations concerning an $82,000 campaign donation she received from her husband, Mitch Krause. In Florida, campaign donations greater than $500 from family members are prohibited. Krause was also ordered to pay a $25,000 fine.

Judge censured for comments made during campaign

Doug Martin: On November 21, 2014, the Arkansas Judicial Discipline and Disability Commission issued a letter of censure to Arkansas 4th Judicial Circuit Court Judge Doug Martin for violating the Arkansas Code of Judicial Conduct while campaigning for judicial office in the 2014 election.

Specifically, Martin was cited for "statements that were improperly prejudicial and harassing against his opponent (Brian Lester) and his opponent's supporters." On several occasions, Martin "spoke publically [sic] about his disdain for his opponent" and "confronted members of the community regarding their association with his opponent." The commission found that Martin's comments and behavior "went beyond normal election rhetoric and gave the appearance of coercion whether intended or not."

A letter of censure issued by the Arkansas Judicial Discipline and Disability Commission acts as a formal sanction for violation of the Arkansas Code of Judicial Conduct. The censure, which does not require that the judge be removed or suspended, also "serves as a public warning for other judges."

Judge suspended from bench

Robert Jennings, III: Jennings, a magisterial district judge for the Dauphin County Magisterial District, was temporarily suspended from the bench by the Pennsylvania Court of Judicial Discipline on November 17, 2014, for alleged violations of the Pennsylvania Constitution and the Pennsylvania Code of Judicial Conduct. Formal charges filed by the Pennsylvania Judicial Conduct Board on November 14, 2014, stated that Jennings had demanded monetary contributions from court constables during his election campaign, inappropriately handled citations that had been filed against him and his associates, and made sexual remarks about women employed in his court. If found guilty of the charges, Jennings faces possible sanctions including a public reprimand, further suspension, or a removal from office.

See also

• Misconduct Report
• The Judicial Update
• JP Election Brief