Editors Choice

Editors Choice: Improper Conduct by Magistrate Judge Shall Remain Nameless

The Special Committee determined that the subject judge had inappropriately pursued social relationships with an attorney who practices before him and with a court employee.

MEMORANDUM

After receiving information regarding possible inappropriate behavior by a magistrate judge, Chief Judge Carl E. Stewart identified a complaint pursuant to Rule 5 of the Rules for Judicial-Conduct and Judicial-Disability Proceedings. He then referred the complaint to a Special Committee for investigation and recommendations to the Judicial Council pursuant to Rules ll(a)(4) and (f).

After investigation, the Special Committee submitted its report to the Judicial Council. The Special Committee determined that the subject judge had inappropriately pursued social relationships with an attorney who practices before him and with a court employee.

The Special Committee found no evidence that inappropriate physical contact was attempted by the subject judge in either matter. The Special Committee also found no evidence that the subject judge used his position to coerce either woman to socialize with him. However, the Special Committee determined that the subject judge was insensitive to his position of power over both women and the difficulty they would feel in turning down his repeated invitations to dinner and drinks.

It further determined that he was not mindful of the impropriety of socializing with them in a manner that was intended to be or could have been construed as being romantic, and which included discussion of private, personal matters.

The Special Committee also found that the subject judge was not attentive to the appearance of impropriety inherent in socializing one-on-one with an attorney who practices before him.

Fifth Circuit Judges that are Listed as Presiding on the Sexual Misconduct Judicial Complaint

STEWART, Chief Judge,

OWEN, Priscilla R.

JONES, Edith H. (former Chief Judge, who had her own issues recently with racial slur / discrimination complaint that was dismissed due to lack of evidence).

SMITH, Jerry E.

DENNIS, James L., who dissented in the Impeachment (and subsequent removal) of Judge Thomas Porteous.

ELROD, Jennifer W.

SOUTHWICK, Leslie H.

HAYNES, Catharina

GRAVES, James E., Jr.

HIGGINSON, Stephen A.

Other named Texas Judges named in Opinion

N. BROWN,

DICK,

HICKS,

D. BROWN,

OZERDEN,

LYNN,

ROSENTHAL,

GILSTRAP, and

MARTINEZ

The Special Committee met with the subject judge in person, and expressed to him their serious concerns about his interactions as outlined above.

The Special Committee found that the subject judge acknowledged the Special Committee’s concerns, evidenced a clear understanding of why his behavior was problematic, took responsibility for his behavior, and expressed willingness to make amends.

In particular, the subject judge composed and has sent written apologies to the two women in question.

He further represented, both in those apologies and in person to the Special Committee, that he would respect the confidentiality of the two women, and would not retaliate against or disparage them personally or professionally.

The Special Committee found the subject judge’s contrition and representations to be sincere.

For the foregoing reasons, the Special Committee recommended that the Judicial Council conclude the proceeding because appropriate corrective action has been taken.

See Rules for Judicial-Conduct and Judicial-Disability Proceedings, Rule 20(b)(l)(B). The Judicial Council accepts this recommendation and concludes the proceeding pursuant to Rule 20(b)(l)(B) of the Rules for Judicial-Conduct and Judicial-Disability Proceedings.

Pursuant to Rule 24(a)(2) of the Rules for Judicial-Conduct and Judicial-Disability Proceedings, the Judicial Council determines that the name of the subject judge should not be disclosed.

An order concluding the complaint is entered simultaneously herewith.

The question remains, why are Judges that are reprimanded or censured not named or disclosed. What rules apply for the general population should apply to all men and women in the Courts. This secrecy should be repealed.

Read Opinion

By Chief Judge Stewart

U.S. District Judge Philip R. Martinez

U.S. District Judge Philip R. Martinez
525 Magoffin Avenue, El Paso, TX 79901
(915) 534-6736
Courtroom Information
  • Courtroom Deputy:
    Mr. Roberto Velez
    (915) 534-6725, ext. 1538
    Roberto_Velez@txwd.uscourts.gov
  • Assigned Court Reporter:
    Mr. Walter Chiriboga
    Official Court Reporter
    (915) 834-0553
    Walter_Chiriboga@txwd.uscourts.gov
Biographical Information
  • Year Service Began:
    2002
  • Education:
    Harvard
  • Legal Practice:
    Judge County Court at Law No. 1 in El Paso, Texas
    Judge of the 327th Judicial District Court in El Paso, Texas
  • Memberships:
    Co-Chair of the Judiciary Relations Committee, State Bar of Texas
    Other:
    Past Chair of the Juvenile Law Section, State Bar of Texas

Why the Chief Can’t Judge Everything – Even with Judicial Immunity

No [wo]man in this country is so high that [s]he is above the law. No officer of the law may set that law at defiance with impunity.

Rent-a-Robe Ends Tragically as Attorney Involved in Judicial Misconduct Commits Suicide

Cook County Circuit Court Judge Valarie Turner let law clerk Rhonda Crawford preside over at least two cases on the bench.

Price Doesn’t Meet the High Standards Needed for a Pro Se Coming Before the Court, Sayeth the Fifth Circuit

What’s interesting here is Stanley Price complained about lower court Judge Vance, who was succeeded, albeit temporarily, by Judge Engelhardt who sat on the latest CA5 appeal.

Leavitt with Us, We’re Judges and Lawyers

Judge Leavitt’s father, Myron Leavitt, a native of Las Vegas raised 11 children, and five of them became Nevada lawyers, while some married attorneys.

Any High Profile Complaints About Federal Judges Results in Resignation or Retirement. That’s Not Justice, it’s An Expensive Coverup.

Justice was not served. We sent the wrong message to victims of domestic violence by allowing a federal judge to collect a paycheck and ultimately having his record expunged, – Rep. Sewell

Federal Courts: Judicial Misconduct, Judicial Committee, Subpoenas and Judicial Privilege

If you’re looking for educational material on impeachment, court and judicial committee proceedings, LIT aims to provide the most comprehensive article database in order to effect change.

Editors Choice: Improper Conduct by Magistrate Judge Shall Remain Nameless
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

Donate to LawsInTexas. Make a Difference.

Subscribe to Our Newsletter

We keep your data private and share your data only with third parties that make this service possible. See our Privacy Policy for more information.

© 2020-21 LawInTexas com is an online trading name which is wholly owned by Blogger Inc., a nonprofit 501(c)(3) registered in Delaware. | All Rights Reserved.

To Top