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ORANGE COUNTY, CA---Although Orange County Superior Court Judge Susanne Shaw retired from the bench on Sept. 30, the California Commission on Judicial Performance has censured the former judge, the maximum sanction possible for a former judge and barred her from receiving an assignment, appointment or reference of work from any California state court.
In its ruling last week, the commission found that Shaw had "made remarks reflecting a lack of patience, dignity and courtesy, constituting prejudicial misconduct". The panel documented 42 instances of misconduct over the past two years.
"The adverse impact of the judge's misconduct on the judicial system has been substantial", the commission found. "Judge Shaw's misconduct jeopardized the parties' right to a fair trial and, in one case, contributed to the reversal of a criminal conviction. The Court of Appeal found that Judge Shaw "belittled, scolded and punished" defense counsel in front of the jury, made "caustic, condescending remarks" to the defendant and his counsel, created an "atmosphere of unfairness," and "substantively undermined the defense theory of the case. Such improper and indefensible behavior compromises public confidence in the judicial system". http://cjp.ca.gov/CNCensure/Shaw%20Censure%20Bar%2012-21-06.pdf
Shaw had been charged with five counts of prejudicial misconduct related to her handling of five different criminal cases in 2003 and 2004. In each case, Judge Shaw treated individuals who appeared before her in a rude and demeaning manner in violation of judicial canons. "She berated, scolded, and belittled attorneys, litigants, witnesses, and a prospective juror. In two cases, she improperly suggested that the defendant's testimony was untruthful, reflecting prejudgment and a lack of impartiality. Judge Shaw's abusive conduct drew harsh criticism from the Court of Appeal in appellate decisions arising out of three of the cases", the commission decided.
In one appeal, the defendant's conviction was reversed partly as a result of "the atmosphere of unfairness" created by Judge Shaw's "caustic, condescending" remarks to the defendant and his counsel. Judge Shaw has a record of discipline for similar misconduct. She has received two advisory letters and a public admonishment for conduct that is inconsistent with her duty to be patient, dignified, and courteous to persons with whom the judge deals in an official capacity. The commission had commented in its public admonishment of Judge Shaw in 2000 that she needed to cease blurting out inappropriate comments. "Judge Shaw obviously failed to heed this warning", the commission wrote. The "failure of past sanctions to effect a change in conduct also suggests a lack of ability to reform and unsuitability for judicial office". 12-27-06
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© 2006 North
Country Gazette
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