Misconduct Report: December 2014

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The Misconduct Report

A monthly round-up of notable judicial misconduct allegations
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January 22, 2015

By: State Courts Staff

A judge starts serving her jail sentence, another is accused of racial bias, one judge charged with improper conduct with his law clerk, and another shown stumbling through a sobriety test.


The Judicial Misconduct Report is a monthly report discussing select state-level judges facing formal misconduct charges. The report discusses notable charges of judicial misconduct from the past month and offers updates on pending and resolved cases. Unless otherwise noted, any misconduct charges should be considered allegations.

News

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Video of judge's drunk-driving test released

Dashcam video of Longoria's DWI arrest provided by KGBT Action 4 News

Nora Longoria: In early December 2014, police released the dashboard camera video showing Nora Longoria, a judge for the Texas Thirteenth District Court of Appeals, performing field sobriety tests before her arrest for drunk driving on July 12, 2014. See Misconduct Report: July 2014. Hidalgo County District Attorney Rene Guerra stated that had he known of the existence of the video, he would have pursued a pre-trial diversion program instead of agreeing to the November 20, 2014, dismissal of her case for lack of evidence. Guerra admitted that in the video Longoria exhibited behavior that shows she may have been intoxicated, but also stated that in a video taken later at the police department, Longoria did not appear drunk.[1][2]


John Saenz, a spokesman for the police, said the video had been available but no one from the prosecutor's office had requested it.[3]


"I probably read that, but in relying on the completeness of the videos given to me, I did not see it... I did not know whether the dash cam was recording or not, I didn't bother to ask and that was my oversight," stated Guerra, who does not plan on reopening the case.[1]


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Charges filed against judge for improper conduct with clerk

Valeriano Saucedo: On December 19, 2014, the California Commission on Judicial Performance instituted formal proceedings against Valeriano Saucedo, a judge for the Superior Court of Tulare County, alleging that he had sent an anonymous letter to the husband of his courtroom clerk, accusing the clerk of having an affair "in an attempt to establish a closer relationship with her." Furthermore, the commission's complaint alleged that Saucedo had given his clerk gifts, mostly in the form of cash, which included $14,000 to help pay for a BMW and $8,000 towards a trip to Disneyland.[4][5]


The commission charged Saucedo with the "willful misconduct in office, conduct prejudicial to the administration of justice that brings the judicial office into disrepute, and improper action within the meaning of article VI, section 18 of the California Constitution providing for removal, censure, or public or private admonishment of a judge."[5] A full list of the allegations, can be found here.


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Judge accused of racially-motivated rulings

Bill Weisenberger: A lawsuit was filed against Bill Weisenberger, a judge for the Madison County Justice Court in Mississippi, alleging that Weisenberger had had Charles Plumpp arrested on the trumped up charge of "roaming livestock." Plumpp's attorney stated that it was a "nonexistent crime" and that Weisenberger's actions were racially motivated (Plumpp is black).


The lawsuit also named Madison County as a defendant, which impelled county officials to expedite the review of the multiple allegations against Weisenberger. This is not the first time Weisenberger has been accused of racially-motivated actions. Earlier in 2014, Weisenberger was investigated for striking a mentally-disabled black man at a local flea market and telling him to: "Run, n*****, run."[6] See Misconduct Report: June 2014. He was also previously accused of handing down an illegal sentence to another black male in a DUI case.[7] Mike Espy, the attorney for Madison County's Board of Supervisors, stated: "The Board of Supervisors almost to a man is not happy with his (Weisenberger's) alleged actions and antics, and they asked me to seek a meeting with the Commission on Judicial Performance to discuss his recent history".[8]


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Judge sentenced to jail time

Tracie Hunter: Suspended Judge Tracie Hunter, of the Hamilton County Juvenile Court in Ohio, was sentenced on December 5, 2014, to six months of jail time in the Hamilton County Justice Center. Hamilton County Court of Common Pleas Judge Norbert A. Nadel handed down the sentence, stating: "The evidence showed that the criminal conduct of Tracie Hunter has dealt a very serious blow to the public confidence of our judicial system and there's no question about that."[9]


In February 2014, Hunter had been convicted for her interference in the firing of her brother, a former employee of the Hamilton County Juvenile Court, after he had punched a juvenile inmate. In addition to her six-month sentence, Hunter was placed on probation for one year. She began serving her sentence on December 29, 2014.[10]

See also


Footnotes