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State
judicial officials agree that closer scrutiny of nominees is
necessary in the wake of scandalous charges that Los Angeles
Superior Court Judge Patrick Couwenberg lied about his background,
including falsely claiming he had been a CIA agent and fabricating a
combat wound that later made him late for court.
Burt Pines,
judicial appointments secretary for Gov. Gray Davis, and State Bar
officials said they are considering revisions to the review process,
including verifying academic credentials and requiring candidates to
sign the official application under penalty of
perjury.
"We are
disturbed by these charges, if true, and are currently reviewing
ways to avoid this happening again," Pines said.
Neither
academic degrees nor military records of judicial candidates are
verified by anyone, officials confirmed.
A former Los
Angeles deputy district attorney now presiding over the Norwalk
family court, Couwenberg also allegedly lied about being a Vietnam
veteran and receiving a Purple Heart, according to a six-count
disciplinary proceeding announced July 5 by the Commission on
Judicial Performance.
Couwenberg,
54, also fabricated his academic degrees and professional
experience, the state judicial watchdog agency says. Appointed to
the bench by former Gov. Pete Wilson in 1997, he was subsequently
elected to a six-year term in 1998.
Two groups -
the governor's office and the State Bar's Commission on Judicial
Nominees Evaluation - are responsible for checking candidates'
credentials.
John Davis,
who was Wilson's judicial appointments secretary, said the
governor's office did not investigate the backgrounds of those
seeking to become judges. Instead, Wilson's office relied on
the Los Angeles County Bar Association and the Bar's Commission on
Judicial Nominees Evaluation to review candidates and give
assessments of judicial applicants.
"It would
take a lot of horsepower to verify everything in those
applications," Davis said, noting that the governor's office
routinely receives 500-600 applications
annually.
To verify
professional experience, the State Bar panel sends forms to firms
listed in the applicants' official Personal Data Questionnaire,
commonly called the PDQ, but doesn't check if the forms are not
returned, according to commission spokeswoman Biljianna
Sirvanov.
She noted
that more than 400 forms are sent out for each
candidate.
"We have to
have a certain amount of information to evaluate a candidate,"
Sirvanov said. "We're going to take a look at the entire
verification process. We have spoken to Burt Pines, and we
will look at the procedures and make some
changes."
Pines pointed
out that some of Couwenberg's most egregious fabrications - that he
was a CIA agent and a Purple Heart recipient - were not in the
official PDQ submitted to the governor's office and therefore could
not have been verified. The governor's office checks
applicants' criminal and driving records and their credit history,
he said.
The
commission's investigation began about two years ago after a profile
of Couwenberg appeared in the Daily Journal. In an interview
for that story, Couwenberg claimed he had seen combat while serving
in Vietnam but said he hadn't been wounded, received medals or been
in military intelligence, despite stories he had told others to that
effect.
Couwenberg's
claim of being a covert agent was made under oath during testimony,
to the Judicial Performance Commission in January. In
Couwenberg's sworn statement detailing an elaborate spy scenario,
the judge "testified falsely that [he] had participated in a covert
operation in Southeast Asia" and "made a delivery of funds or
documents for the CIA in or about 1984 to a person in Africa."
In trying to get an early military discharge, Couwenberg told the
commission, he became involved with a shadowy CIA figure named "Jack
Smith," who recruited him in 1967 to help funnel munitions to
"Scandinavian mercenaries in North Thailand."
Before
Couwenberg's 1997 enrobing ceremony, he told former Judge Charles
Firsco that he had been awarded a Purple Heart and had been an Army
corporal, according to the charges. In fact, Couwenberg had
been a Navy reservist, the commission said.
Couwenberg
was admitted to the State Bar in 1976 after failing the examination
five times, according to the commission.
Couwenberg
isn't the only judge to have made false claims of combat
heroism. In 1995, Illinois Circuit Judge Michael F. O'Brien
was censured for saying he had not one but two Medals of
Honor. After buying the medals, he had his name engraved on
the backs.
In the Bay
Area, U.S. District Judge James Ware of San Jose was publicly
reprimanded in 1998 by his fellow federal judges for lying about his
brother having been killed in 1963 by a racist's bullet in
Alabama.
Couwenberg,
who could face punishment ranging from private admonishment to
removal from the bench, is due to file a response to the charges
today.
Seth
Andersen, director of the American Judicature Society's Hunter
Center for Judicial Selection, said, "It highlights the fact that,
unfortunately, the honor system doesn't work. That's why it's
important to follow up on the application, whether it's a nominating
committee or the governor's
office. |