SACRAMENTO JUDGE MCBRIAN BITCH SLAPPED BY CALIFORNIA JUDICIAL WATCH-DOG AGENCY

We were recently notified by the Commission on Judicial Performance—the often toothless judicial watch-dog agency in charge of disciplining California’s state court judges—that Sacramento Family Court judge Peter J. McBrien has been given a “strong public censure”.

Not toothless this time.

This is the CJP equivalent of what in street parlance would be referred to as a “bitch-slap”, for, among other things, threatening to declare a mistrial when female out-of-town counsel requested 5 minutes to use the restroom and walking off the bench before the trial was finished never to return. (Can you spell H-O-M-E T-O-W-N-E-D?) Not to mention vindictively trying (and succeeding) to get the husband in the divorce case fired from his state job based on McBrien's personal embroilment in the case and after hours vendetta.

We will let the words of the CJP in its lengthy opinion speak for themselves.

A teaser from the opinion:

“While presiding over a family law matter over a period of months, Judge McBrien engaged in a course of serious misconduct which rendered the trial fundamentally unfair, denied a litigant his due process right to complete his presentation of evidence, and culminated in the judge’s lengthy investigation of a litigant’s possible violation of the law without disclosing his actions to the parties. We conclude that a severe public censure is warranted based on the gravity of this misconduct, coupled with Judge McBrien’s pervasive lack of accountability and insight into the impropriety of his conduct.”

Translation: Hiz Honor messed-up big-time and completely screwed the pooch, but is so-far-gone that after all of the formal legal charges and a trial he just doesn't get it—therefore this “bitch-slap”.

JUDGE CAUGHT ON CAMERA FLATTENING TIRE PLEADS GUILTY, PAYS FINE

We previously brought you the story of Judge Robert C. Nalley, who let the air out of a poor female courthouse employee’s tire for having the temerity to park in Judge Nally’s preferred (but not reserved or marked) parking spot.

Not only was hiz honor not in the least bit apologetic at the time, he defiantly proclaimed that had done it before.

Now, courtesy of the sometimes hilarious law blog Above the Law—who named Judge Nalley it’s “Judge of the Day” when the story first broke—we have been informed that the criminal case against Judge Nalley has been resolved.

The tire slashing jurist has pleaded guilty to “tampering with an automobile”, paid a $500 fine, written the courthouse employee whose tire got flattened a “heartfelt” letter of apology, and will now have his criminal record erased, the Washington Post reports.

No word yet from the Maryland State judicial governing authorities for the judge’s (initially) unrepentant and unseemly behavior.

JUDGES BEHAVING BADLY: CAUGHT ON CAMERA FLATTENING TIRE IN COURTHOUSE PARKING LOT

(Stock photo—not the actual judge or the actual deflated tire)

The phrase “power corrupts” has become so cliché as to lose its meaning.

But several stories we have recently posted show how some that become anointed with power in our society (e.g. judges) can engage in some despicable petty abuses of power, including the Denver judge who illegally parked in a handicapped parking space, then threatened to have a wheelchair bound lawyer arrested if she did not move out of his way, as well as the Texas judge caught on camera keying a neighbor's car.

We are now less than happy to report a new low in the petty abuse of judicial power: a Maryland Judge who, unhappy that a lowly member of the courthouse staff (who was probably at work before the judge in question was even awake, and often works late hours making it dangerous for her to park further away from the courthouse) snagged an open-to-the-public, but close in parking space, let the air out of the poor working woman's tire—the Washington Post reports.

According to the newspaper:

“Two county sheriff's jail officers said they saw Circuit Court Judge Robert C. Nalley letting the air out of the back right tire of a 2004 Toyota Corolla parked just outside the La Plata courthouse about 3:45 p.m. Monday, according to the two sources.

“One of the officers used his cellphone camera to photograph or videotape the judge, said the sources, who asked not to be identified because the probe is ongoing.

***
“Jean Washington, the owner of the Toyota, said in an interview that she had just entered the courthouse for her work shift when a sheriff's deputy alerted her, "Jean, you need to move your car. Judge Nalley's
going to let the air out of it."

"Washington, 51, said she rushed out and moved her car to a different parking lot, farther from the courthouse. When she pulled into another parking spot, another sheriff's deputy told her that her rear passenger tire was flat, Washington said.

""I was just about in tears," Washington said. "I wasn't so upset at the fact my tire was flat -- it was who did it. I'm still in shock."

“The first parking spot has no markers indicating that it or any spot is reserved for Nalley or anyone else, Washington said. She said a sign near those spots says, "Restricted Parking Only."

"Washington said no one had ever told her she could not park in that area, which is a short walk from the courthouse.

“Washington said she prefers to park there because her work shift ends at night, and other parking areas would require her to walk a longer distance to her car.”

If hiz honor is convicted of this petty abuse of power, we do not believe that he should do jail time, but rather community service—cleaning the poor worker’s home and babysitting her kids until he works off his shame.

Then and only then should the MD judicial governing authorities defrock this jerk for willful criminal conduct as well as conduct undermining the public’s confidence in the judiciary.

Now, Judge Nalley, get your shine box.

MEET REDNECK JUDGE TIMOTHY ELLENDER

WWLTV

What can you say about Louisiana Judge Timothy Ellander—who once earned a six month suspension without pay for wearing black face and a jail uniform to a party—except that he is at it again, as in suspended again—this time for being hostile and insensitive to an abused woman seeking a restraining order against her husband.

Judge Ellender received a 30 day suspension for violating the code of judicial conduct with inappropriate comments during a 2007 hearing on a domestic abuse case.

As explained by WWLTV:

“In court documents from the March 2, 2007 hearing, Judge Ellender questions why the couple didn’t just get a divorce rather than “go through this crap.”

“Ellender also instructed the couple on how they could file for a divorce without having to retain an attorney. The complainant responded that she wanted her husband to leave her and her children alone.

“According to court documents, Ellender said that the children belonged to the husband too and then he asked her to detail an incident that would show the problem.

“When she began by talking about a night when she, her husband and their daughters were in Subway eating, Ellender remarked, “Can’t you find a better place to eat than that?”

“As the woman pressed on, she said tht one of her daughters was being very active and that her husband told her he was going to bring her to the bathroom and that it would be bloody.

“Ellender asked the father if that was true and he replied that he did say he would whip her butt and make it bleed.

“Ellender responded by saying, “Good for you.”

“The woman then went on to detail other incidents and Ellender ended the hearing by telling the woman that if she wanted a divorce she should get one, but that she wouldn’t get the TRO.”

Way to go Judge Ellander! (This is, after all, the South, is it not?)

See also, Judge of the Day: Timothy C. Ellender (Above the Law).

NOTORIOUS “PENIS PUMP JUDGE” ARRESTED AGAIN—FOR DUI

North County Gazette

TULSA, OK—Former Creek County District Judge Donald Thompson, known as “the penis pump judge,” has avoided jail time for his drunk driving arrest.

In case you missed the former press coverage of Hiz Honor, he was accused by prosecutors of, among other things, using a penis pump while on the bench presiding over criminal trials. Lawyers trying cases in front of the judge testified at the trial on charges that he exposed his (pumped up) penis to a laterally situated (and not concealed to the bench) female court reporter.

The pump use, they claimed, was revealed by the telltale hiss the pump made when the vacuum was released as well as the fact that after a recess, a curious prosecutor found a penis pump under the bench. The court reporter also testified that the judge exposed his penis to her while on the bench.

Despite producing an MD’s prescription for said penis pump, Hiz Honor went down like a submarine, and was sentenced to four years in the joint.

Thompson, 62, was arrested last Dec. 5 by an Oklahoma Highway Patrol trooper about 3 a.m. According to a police report, the trooper came upon a vehicle that was stopped on the outside shoulder of the Creek Turnpike. The car had a flat tire and damage to the driver’s side.

According to the report, the trooper said that the driver, identified as Thompson, had slurred speech, bloodshot eyes and a strong odor of alcohol on his breath. Thompson told the officer that he didn’t know how the car had sustained damage. It was later determined that Thompson had struck a wall.

No word as of yet on whether the former jurist was trying to inflate the flat tire on his vehicle with a penis pump.

Thompson had been released from state prison in April, 2008 after serving 20 months of a four year sentence after being convicted of four counts of indecent exposure. He was defrocked as an attorney in September 2008.

Special Judge Carlos Chappelle found Thompson guilty Tuesday of having physical control of a vehicle while under the influence of alcohol, a misdemeanor. Thompson had waived his right to a trial and entered a no-contest plea. The judge sentenced Thompson to a year of probation and no jail time.

A court ruled in February that Thompson must forfeit the portion of his pension that he had realized from his judicial service.

The Oklahoma Pubic Employees Retirement System Board of Trusts unanimously accepted an administrative hearing examiner’s decision that Thompson violated his oath of judicial office when he was convicted in 2006.

Thompson was, however, allowed to retain his retirement salary as a state legislator—where he served before becoming a judge. He was also (apparently) allowed to keep his penis pump.

FONDLER UPDATE: U.S. HOUSE IMPEACHES JUDGE KENT PAVING WAY FOR TRIAL IN SENATE

**BREAKING**

Bloomberg

The House of Representatives voted unanimously to impeach U.S. District Samuel B. Kent, who has refused to step down from the bench after pleading guilty to obstructing an investigation into charges he sexually assaulted two female employees.

The impeachment case now goes to the Senate, which will hold a trial to determine whether he should be removed from the bench. Federal judges are appointed for life and can only be removed by Congress. Meanwhile, The Fondler kicks back on the Hobby Farm and collects his $170K a year. Cushy.

Related:

FEDERAL JUDGE CONVICTED OF A SEX CRIME SENT TO HOBBY FARM

SITTING FEDERAL COURT JUDGE SENTENCED TO 3 YEARS IN PRISON—SAMUEL KENT TO BE IMPEACHED

JUDGE ARRESTED AFTER KEYING NEIGHBOR’S CAR ON SECURITY VIDEO

Homeowner Adam Kliebert says a hidden video camera captured his Rice Village-area neighbor, state District Judge Woody Densen, damaging his Range Rover May 23. June 4, 2009; An influential local lawyer stated that the Judge was embroiled in a long running dispute with the neighbor

Houston Chronicle

Texas trial court judge Woody Ray Densen, 69, is facing two years in prison and a fine of up to $10,000 if convicted of doing what his neighbor’s security video tape seems to suggest he did—key his neighbor’s $70,000 Ranger Rover.

Woody Ray was recorded on a surveillance camera walking by his neighbor’s 2006 Range Rover and making contact with the vehicle twice on May 23 the Houston Chronicle reports.

The next-door neighbor, Adam Kliebert, a 40-year-old home builder, discovered a series of scratches made by a key to the rear door of his vehicle. The damages totaled nearly $3,000, Kliebert told the Houston Chronicle.

Kliebert set up the motion-activated video cameras inside his Rice Village area townhouse for less than $1,000 last month to film all activities on his driveway because he kept finding scratches and damages to his Range Rover and his ex-girlfriend’s Mercedes.
Densen and his attorney appeared before the grand jury Thursday morning.

After Kliebert’s cameras recorded video of Densen walking by and dragging his arm along the rear door of the Range Rover, Kliebert turned the surveillance video over to Houston police.

Although Densen’s actions are partially obscured on the surveillance footage, his arm can be seen making contact with the car, sometimes gliding or moving in a jerking motion along the vehicle’s rear door.

On one occasion on May 23, Densen looks back over his shoulder before pausing for several seconds directly behind the vehicle, looking down and dragging his arm along the rear of the car.

In a secretly videotaped conversation the next day, Densen told Kliebert he didn’t know who damaged the vehicle, but suggested the vandalism might have occurred because the SUV was partially blocking the sidewalk.

Densen presided over criminal cases as judge of the 248th State District Court in Harris County from 1983 until he was defeated in a re-election bid in 1994.

After that, he served as a visiting judge for many years, but stopped accepting courtroom assignments in 2007 after the Harris County Criminal Lawyers Association filed a complaint against him with the state Commission on Judicial Conduct. The state commission dismissed that complaint without taking any action.

Now that he has been indicted, Densen will likely be suspended from serving as a visiting judge in any courtroom, according to the state constitution.

“This has been a bad year for [Texas] judges generally,” Patrick McCann, a past president of the Harris County Criminal Lawyers Association said, referring to disgraced U.S. District Judge Samuel B. Kent, now serving a 33-month sentence in a federal hobby farm for a sexual assault conviction, and former Brazoria County court-at-law judge James Blackstock, who resigned last year after pleading guilty to official oppression and no contest to misdemeanor assault following his sexual harassment of various women.

“There may be a perception among some folks that (judges) can do what they wish..." McCann told the paper.

According to McCann, Judge Densen had a long running dispute with the neighbor whose car he (allegedly) keyed. (Over and over again.)
.
Hat Tip: Martha Neil, ABA J, Texas Judge Is Indicted for Allegedly Keying Neighbor’s Range Rover

FEDERAL JUDGE CONVICTED OF A SEX CRIME SENT TO HOBBY FARM

As our loyal readers know, sitting Federal Court Judge Samuel Kent was recently sentenced to 33 months in prison for a bad habit: He just could not keep his hands off female court staff—even though his fondling was unwanted. Kent is the first federal district court judge to be convicted as a sex offender. (See our most recent post here and out prior coverage here here and here.)

You may also recall that Cathy McBroom—the primary object of Kent’s sexual attention and the one-time Galveston case manager for Kent who made the formal complaint that led to the judge’s criminal conviction waxed eloquent at Kent’s sentencing:

“Being molested and groped by a drunken giant is not my idea of an affair,” McBroom said. She said she lost her marriage, her Galveston position, sleep, self-esteem and more and asked Kent be sentenced so he and others will remember it.”

However, if you’re among those thinking that prison life will be tough on the bastard (who still makes a six figure salary as a judge), think again. Alas, The Fondler (as we think of him) will, according to the WSJ Law Blog, be sent to a federal correctional facility more akin to that arts and crafts day camp we were shuffled off to by our parents during a month one summer:

“Kent has been ordered to report by 2 p.m. on Monday to the Devens Federal Medical Center in Ayer, Mass., about 40 miles west of Boston. Click here for the Houston Chronicle report. According to the Chron, a Federal judge has not gone to prison since 1991.

“The prison — known specifically as the Federal Medical Center at Devens —[…] offers a variety of indoor and outdoor recreational activities that range from individualized hobbycraft programs to intramural team sports. The Inmate Recreational Yard and Activity Center includes a multi-purpose room, outdoor recreation yard, and an indoor inmate activity center. The indoor activity center is located on the recreation yard and is intended for activities such as basketball, soccer and floor hockey. A music practice room is also available.”

Yea! That's what I'm talk'in bout!!! What a lovely 33 month paid vacation Judge Kent—who will also get his $170,000 judicial pay during that time—has lucked into. Granted, no women to fondle and no booze, but he will be paid $10,000 more than the starting annual salary of a lawyer graduating from Harvard Law with honors. No doubt, that will take some of the sting out of any inconvenience suffered by The Fondler due to said lack of chicks and Jack Daniels. After all, $170K a year buys a lot of candy bars and ping pong balls in the prison commissary. (You know it does Holms.)

And who knows what arts and craft and music skills Judge Kent can learn!

Let this be a lesson to you kids: Don’t do the crime unless you want to earn $170,000 a year while doing the time! Not to mention you might be made to do hobbycraft!!!!!

Kent to Do Time in Wilds of Massachusetts (WSJ-Law Blog)

600 POUND VEGAS JUDGE MUST STAND FOR REELECTION

For those of you not familiar with the long running saga of the gargantuan Vegas Judge everyone loves to hate, you can get up to speed with these ABA Journal posts here, here, here, and here, and (on a more humorous vein) the Above the Law posts archived here.

To sum up, a 500 pound rookie Vegas judge—who married an ex-prison felon she calls Evil Ed—soon found herself in trouble with disciplinary authorities for misconduct ranging from insulting staff with anti-Semitic epithets, to dining with sitting jurors, to sleeping on the bench, to forcing her bailiff to give her foot rubs and to microwave her food in her smelly private bathroom. (The former bailiff, Jonnie Jordan, even claims that Halverson asked him to shoot “Evil Ed".)

Last year the Chief Judge locked Halverson out of the courthouse citing security concerns relating to Halverson’s coterie of private “body guards” that Halverson claimed were necessary to protect her from other judges/court administrators, but the Nevada Supreme Court ordered Hardcastle to let the larger-than-life jurist back in.

Halverson—who is literally too fat to walk and zooms about in a motorized scooter—has been inexhaustible fodder for humorous posts on legal blogs ever since.

Her foibles have included a $40,000 judgment resulting in the garnishment of her judicial pay, a citation by the County for keeping such a dirty house it was deemed a health hazard, and an libel action against her by a former courtroom clerk after Halverson gave a televised press conference accusing the clerk of ticket fixing.

Much hilarity ensued.

Then, in 2008, the Nevada Commission on Judicial Discipline temporarily suspended Halverson (pending a trial on disciplinary charges) as a “danger to the public”. This time the Nevada Supreme Court refused to intervene, and the disciplinary hearing set for June, 2008, was continued to August 4 when Halverson’s high powered legal team quit after Halverson indicated she could not pay her estimated six figure legal bill stemming from her legal troubles.

Halverson—who has since grown to 600 pounds—then sued the Elections Commissioner in the Nevada Supreme Court asserting that she should not have to stand for reelection as currently scheduled in August, 2008—because the 2 year term of office for which she was elected is contrary to the Nevada Constitution (which provides for 6 year judicial terms).

In a double blow the leviathan jurist, in today’s developments, the Nevada Commission on Judicial Discipline has ordered Halverson to submit to a psychiatric evaluation or abandon her defense that her “issues” are “disability” related, and the Nevada Supreme Court has ruled that she must stand for reelection as scheduled after all.

Although Halverson’s judicial days appear to be numbered, this being Las Vegas anything can happen, and we are hoping it will.
:
UPDATE: Judge Halverson filed discrimination complaint against Nevada Supreme Court. In Foot Note 38 of the above linked opinion holding that Halverson must stand for reelection this August, the Court revealed that the day before oral argument in the case on June 13, 2008, Halverson filed a discrimination complaint against the Court with the EEOC. “We note that on June 6, 2008, Halverson signed a complaint that the Equal Employment Opportunity Commission (EEOC) received on June 12, 2008. Halverson failed to inform this court of the existence of this complaint during the June 13, 2008, oral argument, at which time this court took this writ petition under submission." Nice touch.