Justia Legal Ethics Opinion Summaries

Disciplinary proceedings against Respondent Steven Perskie (who retired from the judiciary in 2010) began with the filing of grievances with the Advisory Committee in July 2008 by Alan Rosefielde, a party to a civil action over which respondent presided between February 2005 and October 2006. The litigation was a business dispute involving issues that arose from Rosefielde's employment with and eventual termination from a business based in Atlantic City. Rosefielde contended that his termination was due to his recommendation that his employer end its business relationship with an insurance broker named Frank Siracusa, whom Rosefielde alleged had engaged in improper and questionable business practices. Siracusa was a central witness to Rosefielde’s counterclaim. Respondent had a longstanding business, social, political, and personal relationship with Siracusa, but informed the parties to the litigation several times that notwithstanding his relationship with Siracusa, he was not uncomfortable presiding over the case and evaluating Siracusa's credibility if Siracusa were to appear as a witness. The Advisory Committee recommended that respondent be censured for violating multiple Canons of the Code of Judicial Conduct. Upon review, the Supreme Court held that Respondent violated Canons 1, 2A, 2B, and 3C(1) of the Code of Judicial Conduct and R. 1:12-1(f). The Court censured Respondent.

The Mississippi Commission on Judicial Performance (Commission) filed two formal complaints against Alcorn County Justice Judge Jimmy McGee alleging willful misconduct and conduct prejudicial to the administration of justice which brought the office into disrepute. The Commission and Judge submitted a joint motion for approval of a 120-day suspension, a public reprimand, costs and fees to the Supreme Court. After its independent review, the Supreme Court agreed that Judge McGee's conduct violated several canons of the Code of Judicial Conduct. The Court disagreed with the Commission's recommendation. The Court found the Judge's actions warranted a public reprimand, suspension from office for 270 days, and costs and fees.

Respondent Municipal Court Judge Sheryl Polk McKinney's sister, who was the Clerk of the Town of Varnville, was arrested and charged with embezzlement of public funds, forgery, and misconduct in office.  Respondent's sister was accused of issuing checks in Respondent's name, forging respondent's name to the checks and converting the money for her personal use over an eight year period. Upon review, the Supreme Court found that by her misconduct, Respondent violated multiple Canons of the Code of Judicial Conduct (Rule 501, SCACR). The Court found Respondent’s misconduct warranted a suspension from judicial duties.  Respondent was suspended for thirty days. 

A jury found defendant, a licensed attorney, responsible for trust fund recovery penalties imposed by the IRS pursuant to 26 U.S.C. (I.R.C.) 6672 for unpaid employment taxes owed by Iowa Trade Bindery, Inc. (ITB). Defendant appealed the district court's judgment and "all adverse rulings and orders in this case." The court held that the district court did not abuse its discretion in admitting defendant's signed Form 2751 and an IRS officer's testimony about the form, or by instructing the jury with respect to the form and its effect. The court also held that the district court did not err in denying defendant's motion for judgment as a matter of law where the jury's verdict was supported by substantial evidence. The court concluded that defendant's remaining claims were without merit. Accordingly, the court affirmed the judgment of the district court.

After an injury trial, plaintiff's attorney called jurors to ask about the award of damages and assignment of fault between the parties, apparently believing that there had been a clerical error on the verdict form. After a juror informed the magistrate judge, the judge concluded that the attorney had violated ABA Model Rule of Professional Conduct Rule 3.5 by initiating post-verdict contact with a juror. The Third Circuit vacated, first holding that the attorney had standing to appeal. The judge abused his discretion and denied the attorney's due process rights by not following the disciplinary procedures outlined in Local Rule 83.2(b) of the District Court of the Virgin Islands and by failing to give sufficient notice and an opportunity to be heard prior to finding misconduct and imposing sanctions.

Petitioner, convicted of a non-fatal shooting, was sentenced as a habitual offender to 29-1/2 to 60 years for assault with intent to commit murder, to run concurrently with a sentence of 40 to 60 months for a felon-in-possession conviction, and a consecutive term of two years for a felony firearm conviction. He claims that his Sixth Amendment right to counsel was violated because his attorney fell asleep while he was being cross-examined. Michigan state courts rejected appeals. The district court denied habeas relief. The Seventh Circuit affirmed. At most, the attorney was asleep for part of a single cross-examination; a petitioner must show that his attorney slept through a substantial portion of the trial for the "Cronic" presumption of prejudice to attach. Noting the overwhelming evidence, the court stated that petition did not show a reasonable probability that counsel could have prevented prejudicial events from occurring had he been awake, much less that it would have affected the outcome of the trial. Although the attorney was later arrested for cocaine use, there was no evidence that he was using cocaine during the trial..

Plaintiff suffered a stroke and claimed that the VA hospital failed to properly diagnose and take appropriate measures. He and his wife sued under the Federal Tort Claims Act, 28 U.S.C. 1346(b), 2671-80, and also sued their attorney for malpractice. The district court ruled in favor of the government and the attorney. The Sixth Circuit dismissed an appeal as forfeited because plaintiff had supplied only a transcript of the testimony of the government's expert witness Fed. R. App. P. 10(b)(3) and had failed to supplement. The district court properly refused to sanction plaintiff's attorney for ex parte communication with treating physicians. The court also properly credited the government expert and held that the hospital's actions were not the proximate cause of the stroke.

Defendants engaged in discovery misconduct that was sufficiently egregious to cause the district court to enter an order of default against them. Although defendants subsequently challenged the default order as erroneous, defendants did not challenge the order of default by way of a Federal Rule of Civil Procedure 55(c) or 60(b). At issue was whether Judge Real, a district court judge, had the power to impose default as a sanction for discovery misconduct and assuming such power, whether Judge Real abused his discretion by imposing default rather than lesser sanctions. The court held that defendants' failures to comply with orders of the court provided Judge Real with the power under Rule 37(b) to impose sanctions sua sponte, up to and including default and that Judge Wilson appropriately revisited previous orders of the court when he replaced Judge Real after Judge Real recused himself. The court also held that the district court possessed the power to impose the sanction of default and that the district court did not abuse its discretion by doing so. Accordingly, the judgment was affirmed.

The willful judicial misconduct at issue in this case arose by Judge Robert Schwartz's untimely recusal after initiating a romantic relationship with an assistant public defender that had cases pending before him and making dishonest statements from the bench concerning his reasons for recusing. In the spring of 2009, a female assistant public defender regularly appeared in his courtroom. Although Judge Schwartz doubted that a romantic relationship would develop given the difference in their ages, he was open to the possibility. At some point during a lunch with the assistant public defender, Judge Schwartz gave the assistant public defender a gift of a pair of purple latex gloves and a book written by an author with the same name as Judge Schwartz entitled "The One Hour Orgasm." The gift was intended by Judge Schwartz and understood by the assistant public defender to be a self-deprecating joke because the author and Judge Schwartz shared the same name. Before he became a judge, Judge Schwartz had given this book to others, whose common reaction was to burst out laughing. When the assistant public defender returned to work, she showed her supervisor the joke gift. After Judge Schwartz announced that he would recuse in two of the assistant public defender's cases, he provided dishonest reasons for his recusal and entered rulings in those cases. There was no evidence of any adverse impact on these cases from the recusals. Both cases were resolved in a timely manner. The relationship with the assistant public defender ended, and following a trial in August 2009, Judge Schwartz took voluntary medical leave while the Ethics Commission obtained an independent medical examination of his condition. The Commission found that although his reasons for recusal were not credible, Judge Schwartz had been forthcoming and candid with the Commission, apologized for his conduct, and expressed a desire and willingness to learn from his mistakes. Based on these facts, the Commission concluded that Judge Schwartz violated ethics rules. The Judge challenged the Commission's findings to the Supreme Court. The Court adopted the Commission's recommendation that Judge Schwartz receive a formal reprimand. The Court also adopted the recommendations that he take appropriate leave during any future transitions in medical treatment, and that he receive training on the nature of sexual harassment. The Court rejected the Commission's recommendations that Judge Schwartz be suspended without pay and, instead, ordered him to pay a $6,000 fine.

The Judiciary Commission of Louisiana (Commission) recommended that Judge Reginald Badeaux, III be publicly censured and ordered to reimburse the Commission for costs incurred in the investigation and prosecution of his case. This matter stems from a 2006 divorce petition. Mary Sinclair sought to divorce her husband Cayman Sinclair. The case was randomly allotted to Judge Badeaux, who was a personal friend of the parties. Nevertheless, Judge Badeaux did not recuse himself from hearing the case. Moreover, during the sixteen months Judge Badeaux presided over the Sinclair case, he continued to socialize with Mr. Sinclair. The Supreme Court adopted the Commission’s findings and ordered that Judge Badeaux be publicly censured for violating the Code of Judicial Conduct. Furthermore, he was ordered to reimburse the Commission for costs.