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There are 30,000 local and state judges in the
U.S. Each spring The National Law Journal publishes a
select list of those who left the bench under a cloud during the
previous year. (Ticket fixers and judges who are alcoholics
are not eligible - there are too many of them.) Of those
chosen for the magazine's hall of shame, most are seriously corrupt
and a few are just bizarre. Here are some of our
favorites:
Master Robert Hollman, a judge in Ector County,
Texas, fancied himself to be a real cowboy. His secretary,
identified in court records as AH, complained to the Equal
Opportunity Commission that he forced her to play the role of his
damsel in distress. The State Commission on Judicial Conduct
described a typical workday in the judge's chambers this way:
"Hollman would bind AH's hands behind her back, tie her ankles
together and gag her with a scarf. Judge Hollman would
sometimes carry the bound and gagged AH around the office or leave
AH tied to a chair or lying on the floor." With bondage videos
playing in the background, the judge on some occasions timed how
long it took AH to wriggle free. After AH's complaint to the
EEOC became public, Hollman resigned. His lawyer insisted the
couple's "little games" never interfered with court
business.
Missouri Associate Circuit Court Judge John Clark was
planning a party and needed work done around his home. So he
recruited probationers who had appeared before him to move his lawn,
trim hedges and move stones. He paid them with gas money,
meals and credit for community service. Other probationers
from his court partially fulfilled their sentences by painting a
school where Clark served as a fiscal officer. Although the
judge didn't pay the painters, he wrote thousands of dollars worth
of checks to himself for "out-of-pocket purchases" for the school's
upkeep. After finding them guilty of dozens of charges, the
Missouri Commission on Retirement, Removal and Discipline yanked
Clark from the bench.
While hearing a contempt trial, Steven Karto, the
only common pleas judge in Harrison County, Ohio, left the bench,
testified and gave closing arguments for the prosecution. He
later testified as a witness in the same trial. The Ohio
Supreme Court suspended Karto for six months, noting that a judge
can't be impartial if he also makes closing
arguments.
According to a judicial conduct report charging him
with malfeasance, Calvin Hotard, Jr., a judge in Jefferson Parish,
Louisiana, allegedly spent his free time cruising New Orleans and
passing out his business card to prostitutes. Locals claimed
that when he walked into bars frequented by hookers, they flocked to
him. For good reason: The Judiciary Commission of
Louisiana accused Hotard of allowing the women to fulfill
their community service sentences by servicing him. Before the
commission could hold a hearing, Hotard retired, citing his
diabetes. Soon after, his girlfriend died of an overdose of
insulin and other drugs in an apartment Hotard rented to her.
The judge, who has since died, admitted that insulin found in the
apartment was his.
While supervising juvenile delinquents in
Clarksville, Arkansas who had been assigned to pick up trash along
highways, Circuit Chancery Judge Benny Swindell allegedly passed out
cigars and cigarettes. In 1997 he escorted a 17-year-old he
had sentenced for negligent homicide to a casino in Mississippi,
where the legal gambling age is 21. The boy claimed that
Swindell provided him with money to play the slots. Swindell
called the outing "innocent." When the judge agreed to retire,
the Arkansas Judicial Discipline and Disability Commission dropped
15 misconduct charges against him.
Roy Thomas, a part-time district judge in Batesville,
Arkansas, supplemented his income by working as a lawyer. As
attorney Roy Thomas, he represented a man in a divorce. Four
days later the man appeared before Judge Roy Thomas on a domestic
abuse charge. The judge eventually dismissed the
charges. A month later the man appeared in court on a second
abuse charge. Judge Thomas gave him probation. The state
also accused Thomas of accepting gifts and below-market loans from a
local auto dealer. In the 44 times the dealer appeared in his
court for various battles, Thomas ruled against the dealership only
once. The judge resigned two weeks before he was to appear
before a disciplinary committee.
The Nevada Commission on Judicial Discipline fined
Family Court Judge Frances-Ann Fine for holding hearings without
notifying the attorneys or their clients. Fine would use the
opportunity to question expert witnesses. In one case she
failed to notify a divorcing couple or their attorneys that she had
appointed a mediator - who happened to be her first cousin.
The commission removed Fine from the bench.
At a charity event held in upstate New York, Judge J.
Kevin Mulroy advertised a prosecutor to offer plea bargains to two
of four men on trial for the murder of a 67-year old woman.
Witnesses said that Mulroy claimed no one would care if the
prosecutor "gave away" the case, because the victim was "just some
old nigger bitch." Apparently, charity events bring out the
worst in Mulroy. At another one, he reportedly said, "You know
how you Italian types are, with your Mafia connections."
Trying a case in Utica, the Syracuse-based judge issued an ultimatum
to the prosecutor - offer a plea bargain or accept a mistrial.
His reason? Mulroy wanted the jury to be dismissed so he could
"get out of this fucking black hole of Utica." New York's
judicial conduct commission gave Mulroy what he had asked for,
kicking him out of Utica's court, as well as every other court in
the state.
Lawyers who appeared before A. Eugene Hammermaster, a
municipal judge in Pierce County, Washington, gave him the nickname
"the hammerin' man": for his habit of browbeating
defendants. In 1998 the state commission on Judicial Conduct
suspended Hammermaster for 30 days without pay for, among
other infractions, threatening life imprisonment to people who
didn't pay traffic fines. Hammermaster defended himself by
saying everyone in the courtroom knew it was a joke when he told
defendants they'd spend the rest of their lives in the Crowbar
Hotel. When he appealed the month long suspension to the state
supreme court, the justices extended it to six months. After
the judge's return to the bench, the Commission on Judicial Conduct
again began investigating him for allegedly ordering Hispanics to
learn English, demanding that cohabitating couples marry, banishing
offenders from the city and routinely humiliating people who
appeared in his court, including a man who was mentally ill.
The judge agreed to retire if the commission agreed to end the
inquiry.
When the mayor of Potosi, Missouri pushed to have
elected officials (including judges) dropped from the city's health
insurance plan, Judge Ronald Hill responded by reducing all court
fines, regardless of the crime, to $1. This had an immediate
effect on the city's finances. The judge later told the state
supreme court the he did this only to clear his docket of nonviolent
cases. But even two people who had committed violent crimes,
one of whom had assaulted a police officer, paid $1. Hill
didn't stop there. When the mayor's daughter missed a court
hearing (she had been scheduled to testify against a man accused of
assault but said she misread the date on the subpoena), Hill threw
her in jail for a night. At a city meeting, Hill shouted:
"It's a good thing I left my gun at home, because I might have shot
the mayor. I ought to go up and kill him." He was
suspended for the remainder of his two-year
term.
A California woman convicted of a vehicle offense
asked San Bernardino County Superior Court Judge Fred Heene for more
time to complete her community service, explaining that she'd been
bedridden for months from complications during her pregnancy.
Heene instead ordered her to jail for 44 days. When the woman
asked what she should be about her seven-day-old baby, the judge
said, "You should have thought about that a long time ago." A
judicial committee censured Heene, but allowed him to remain on the
bench. He did not seek reelection.
Soon after Susan Chrzanowski became a district judge
in Warren, Michigan, she became friends with a married law
student. After her friend passed the bar, Chrzanowski
appointed him to represent defendants in 56 cases. They then became
lovers. He earned more than $16,000 for his work, more than
all the other public defenders combined. In 1999 Chrzanowski's
lover shot and killed his wife, who was pregnant with their second
child. During the police investigation, Chrzanowski denied the
affair. When the truth came out, the Judicial Tenure
Commission suspended her for 17 months with pay. The state
supreme court later suspended her without pay for six months.
Her suspension ended this summer.
When the leader of the Church of the Immortal
Consciousness filed a slander suit against some of her critics in
Coconino County, Arizona, she must have used her spiritual powers to
get her case heard in Superior Court Judge J. Michael Flournoy's
courtroom. According to newspaper accounts, Flournoy ordered
the courtroom lights to be lowered and allowed the audience to sing
the Beatles song In My Life and channel the spirit of a man
from the 15th century. Speaking in a voice she said was that
of the man's spirit, the woman announced the case should be
settled. Oddly, Flournoy did not receive a sanction for
allowing the impromptu seance. When judicial authorities
suspended him, it was because he tampered with an official court
transcript. He was reinstated in December
2000.
Judge Ellis Willard of Sharkey County, Mississippi
didn't like working in the courthouse, so he occasionally held court
in the pawnshop that he owned. He admitted that one night at
11:15, he ordered clerks, one of whom had been working at the
courthouse all day, to retrieve two files. When she instead
offered to bring them the next morning, Willard had her arrested,
then found her guilty of contempt and sentenced her to
probation. The state's Commission on Judicial Performance also
accused Willard of dismissing a DUI case without cause, discussing
cases over the telephone and fabricating evidence. The
Mississippi Supreme Court removed him from the
bench.
Marvin Mitchell, a justice of the peace in Amarillo,
Texas, liked making follow-up calls to teenage girls who had
appeared in his court on truancy charges. Four girls said he
asked them to talk dirty over the phone. Mitchell pleaded no
contest to two misdemeanors. In return for his resignation and
community service, the charges were erased from his
record. |