In re Hunter
- Reporters:
- ,
- Before:
- Calogero
ON RECOMMENDATION FOR DISCIPLINE FROM THE JUDICIARY COMMISSION OF LOUISIANA
CALOGERO, Chief Justice.
This judicial discipline matter comes before the court on the recommendation of the Judiciary Commission of Louisiana, a constitutional body charged with initiating disciplinary action against a judge, that Judge Sharon K. Hunter of the Criminal District Court for the Parish of Orleans,
After reviewing the record, we find that the charge against respondent is supported by clear and convincing evidence. The facts in this case are not generally in dispute, given that the respondent has admitted to the conduct charged. Therefore, the only issue before us is the appropriate discipline to impose. The record shows that Judge Hunter repeatedly failed to produce transcripts timely, accurately, or frequently not at all, resulting to date in eleven appellate reversals of serious felony criminal convictions and sentences for violation of the defendants’ constitutional right to judicial review. Furthermore, the consequences of these reversals to the State and the general public are both extensive and grave, because the reversals have necessitated retrials, have frequently disrupted the State‘s successful prosecution of very serious crimes, and have significantly undermined the public‘s confidence in the judicial system.1 Thus, Judge Hunter‘s failure to maintain professional competence in the administration of her court, as required by Canon 3B(1) of the Code of Judicial Conduct, constitutes persistent, public conduct prejudicial to the administration of justice that has brought her judicial office into disrepute in violation of
Furthermore, the record also establishes that Judge Hunter willfully and persistently refused to comply with supervisory orders from the court of appeal directing the production of necessary trial transcripts, resulting in the commencement of contempt proceedings before the court of appeal. Judge Hunter‘s continuous and intentional refusal to cooperate with the appellate court by timely complying with its administrative orders, as required by Canon 3B(1) of the Code of Judicial Conduct, constitutes willful and persistent failure to perform her duty, as well as persistent, public conduct prejudicial to the administration of justice that brings the judicial office into disrepute.
In light of the gravity of the consequences of Judge Hunter‘s misconduct, both past and likely future, as well as the minimal prospect of Judge Hunter sufficiently improving her woefully inadequate administrative abilities, the risk of further harm to the judiciary and the general public should she remain on the bench is too great. Accordingly, for the reasons that follow, we agree with the Judiciary Commission that Judge Hunter‘s conduct warrants removal from judicial office.
JURISDICTION AND BURDEN OF PROOF
This court is vested with exclusive original jurisdiction in judicial disciplinary proceedings by
On recommendation of the judiciary commission, the supreme court may censure, suspend with or without salary,
remove from office, or retire involuntarily a judge for willful misconduct relating to his official duty, willful and persistent failure to perform his duty, persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute, conduct while in office which would constitute a felony, or conviction of a felony. On recommendation of the judiciary commission, the supreme court may disqualify a judge from exercising any judicial function, without loss of salary, during pendency of proceedings in the supreme court. On recommendation of the judiciary commission, the supreme court may retire involuntarily a judge for disability that seriously interferes with the performance of his duties and that is or is likely to become permanent. The supreme court shall make rules implementing this Section and providing for confidentiality and privilege of commission proceedings.
Pursuant to its supervisory authority over all lower courts, this court adopted the Code of Judicial Conduct, effective January 1, 1976, and amended July 8, 1996. The Code is binding on all judges, and violations of its Canons can, without more, serve as the basis for the disciplinary action provided for by
The charge or charges against a judge must be proved by clear and convincing evidence before this court can impose discipline. In re Bowers, 98-1735 at p. 7, 721 So.2d at 880; In re Johnson, 96-1866, p. 7 (La.11/25/96), 683 So.2d 1196, 1199; In re Huckaby, 95-0041, p. 6 (La.5/22/95), 656 So.2d 292, 296. This standard requires that the level of proof supporting the charge or charges against a judge must be more than a mere preponderance of the evidence, but less than beyond a reasonable doubt. In re Bowers, 98-1735 at p. 7, 721 So.2d at 880; In re Quirk, 97-1143 at p. 4, 705 So.2d at 176; In re Huckaby, 95-0041 at p. 6, 656 So.2d at 296.
PROCEEDINGS BEFORE THE JUDICIARY COMMISSION
Judge Hunter assumed her office on October 8, 1996. On September 11, 2000, New Orleans District Attorney Harry Connick filed a complaint against Judge Hunter with the Judiciary Commission. Mr. Connick reported that several convictions obtained by his office had shortly before been reversed by the Fourth Circuit Court of Appeal “due to the inability of Judge Hunter‘s court reporters to provide a complete transcript of trial proceedings.” Judge Hunter responded to Mr. Connick‘s complaint by letter dated October 3, 2000, placing the blame for the inadequate or missing transcripts on the court reporters who worked in her court, Section C of the Criminal District Court. After an initial inquiry into the complaint, the Commission notified Judge Hunter on October 1, 2001, that further investigation had been authorized in the matter.
On March 19, 2002, while the Commission‘s investigation was proceeding, this court appointed retired Judge Jerome M. Winsberg as Supernumerary Judge pro tempore of Section C. By this appointment, Judge Winsberg temporarily assumed “full and complete authority to discharge any and all administrative functions of Section
Pursuant to the court‘s order of March 22, 2002, the Commission conducted a preliminary hearing on April 19, April 20, May 17, and May 18, 2002. On April 23, 2002, after the first two days of the preliminary hearing were concluded, the Commission filed formal charges against Judge Hunter in case No. 0177, alleging that she failed to supervise her staff competently, failed to supervise competently the preparation of the minutes of her section of court, failed to supervise competently the preparation of trial transcripts and the preparation of records on appeal, and failed to cooperate fully with the Fourth Circuit Court of Appeal responsive to orders from that court to produce transcripts of proceedings conducted in Section C, to the extent that the Fourth Circuit has held Judge Hunter in contempt of court. Following the preliminary hearing, the Commission issued a recommendation of suspension, and on June 12, 2002, this court unanimously ordered that Judge Hunter be suspended pending further proceedings. In re Hunter, 02-1543 (La.6/12/02), 821 So.2d 479.
The Commission conducted a hearing on the formal charge on June 14 and 15, 2002, and filed its recommendation of discipline in this court on July 18, 2002. The Commission found that the allegations asserted in the charge had been proved by clear and convincing evidence, and further made numerous findings of fact and conclusions of law. The Commission ultimately concluded that Judge Hunter violated Canon 3B(1) of the Code of Judicial Conduct both by her utter failure to administer competently Section C of Orleans Criminal District Court and by her lack of cooperation with the Court of Appeal, Fourth Circuit. The Commission recommended to this court that Judge Hunter be removed from judicial office.
FORMAL CHARGE
Charge No. 0177, which is set forth in more detail in the attached appendix, alleged that Judge Hunter failed to supervise and direct her employees in a competent manner and that such failure resulted in a high attrition rate, which in turn negatively affected her ability to provide transcripts to the court of appeal for appellate review and to comply timely with the Fourth Circuit‘s orders directing her to produce transcripts. More specifically, the Commission alleged that the respondent failed to produce transcripts timely and accurately, or even altogether, in twenty-nine cases, eleven of which resulted in reversal by the court of appeal on the basis of missing transcripts. The charge also cites the extensive media coverage surrounding the administrative failures in Judge Hunter‘s court, asserting that the publicity caused members of the public to view in a negative light the judicial system
FACTS
As previously noted, the facts in this case are not in dispute, since the respondent through her counsel and by her own testimony has admitted the allegations contained in the charge.4 Therefore, and also in light of the record evidence, we find that the factual allegations asserted in the charge have been proved by clear and convincing evidence. Furthermore, we
In eleven of the twenty-nine cases cited in the formal charge, including one decided since the filing of the charge, Judge Hunter‘s failure to provide complete transcripts resulted in reversals by the court of appeal for violation of the defendants’ right to judicial review guaranteed by
Three of the eleven involved either attempted first degree murder or serious drug offenses, all three resulting in life sentences under the habitual offender law. One of these cases was dismissed because it could not be retried, and the other two are pending on remand. The remainder of the eleven resulted either in the same or a reduced sentence or are pending on remand.
In seventeen of the twenty-nine cases, Judge Hunter refused to comply with initial and second orders of the appellate court until she was threatened with the commencement of contempt proceedings in a show cause order. In seven of these cases, the requested transcript could not be produced, two have since been reversed by the court of appeal, two were affirmed upon a finding of no prejudice, and the remainder are pending. In two of these cases, a show cause hearing was conducted. Following the first show cause hearing in May of 1999, Judge Hunter was given an additional forty-eight hours to produce the requested transcript. She was also cautioned at that time that she must respond in some manner to the appellate court‘s orders. Following the second show cause hearing in January of 2001, the appellate panel found Judge Hunter in contempt of court, but allowed
In the three remaining cases, Judge Hunter complied with the appellate court‘s requests only after several orders had been issued. In two cases, both of which are pending in the appellate court, Judge Hunter certified that the tapes of the trial or other proceeding could not be located.
The record supports the Commission‘s finding that there was a high turnover of staff, including court reporters and minute clerks, caused by Judge Hunter‘s poor supervision and management of her employees.7 The record also evidences Judge Hunter‘s frequent replacement of minute clerks and the fact that she took the highly unusual step of personally serving as her own minute clerk for lengthy periods of time during her five and a half years on the bench. The record testimony reveals a total disorganization of court reporter‘s tapes, resulting in many missing tapes that could not be located for lengthy periods of time, and some tapes that remain lost.8 Additionally, the record shows a pattern by Judge Hunter of assigning court reporters to other court jobs, including serving as minute clerk, thereby preventing the court reporters from preparing transcripts in a timely fashion, re-filing tapes, and organizing his or her own tapes and those that were in disarray when the court reporter started the job. Finally, the record establishes that Judge Hunter sometimes did not timely assign the preparation of transcripts to court reporters following service of an order from the Fourth Circuit to produce a transcript.
ANALYSIS
We next turn to whether Judge Hunter‘s conduct violated the Canons of the Code of Judicial Conduct and
Having determined that Judge Hunter violated Canon 3B(1) of the Code
Removal of a judge from duly-elected office is undoubtedly the most severe sanction this court may impose under the authority granted to us by the constitution. Not only is the judge removed from his or her present judicial office, but removal also precludes the former judge from becoming a candidate for judicial office for a minimum of five years and until his or her eligibility to seek judicial office is certified by this court. See La. Sup Ct. Rule XXIII, § 26. Consequently, we recognize that removal of a duly-elected member of the judiciary is “an extremely serious undertaking that should be carried out with the utmost care because it disrupts the public‘s choice for service in the judiciary.” In re Jefferson, 99-1313, p. 17, 753 So.2d at 194; see also In re Huckaby, 95-0041, p. 5, 656 So.2d at 295.
On the other hand, the constitution “vests in this court the duty to preserve the integrity of the bench for the benefit of the public `by ensuring that all who don the black robe and serve as ministers of justice do not engage in public conduct which brings the judicial office into disrepute.‘” In re Jefferson, 99-1313, p. 17, 753 So.2d at 194 (quoting In re Huckaby, 95-0041, p. 10, 656 So.2d at 298). To that end, we have recognized that the primary purpose of the Code of Judicial Conduct is “to protect the public rather than to discipline judges.” In re Shea, 02-0643 (La.4/26/02), 815 So.2d 813, 815; In re Marullo, 96-2222 (La.4/8/97), 692 So.2d 1019. Likewise, the objective of a judicial disciplinary proceeding “is not simply to punish an individual judge but to purge the judiciary of any taint.” In re Chaisson, 549 So.2d at 267.
We are mindful that the people have a right under our state constitution to elect to judicial office the man or woman of their choosing,
As was said in the case of State v. Lazarus, 39 La.Ann. 142, 1 So. 361, 376 [1887], the framers of our constitution, acting upon the idea contained in the paternal recommendation of the first, the great Chief Justice of Louisiana, Judge [Francis Xavier] Martin, that `All those who minister in the temple of justice, from the highest to the lowest, should be above reproach and suspicion. None should serve at its altar whose conduct is at variance with his obligations,’ have imposed on us the duty of seeing `to it that none but able, conscientious, and irreproachable judges should, by (our) decree, be ever retained as magistrates in the state of Louisiana’ and, however unpleasant the task may be `it must be performed impartially and fearlessly.’
Perez v. Meraux, 201 La. 498, 547, 9 So.2d 662, 678 (1942).
With this responsibility and duty in mind, we turn to the question of what factors and considerations should guide us in this case in exercising our constitutional authority to remove a judge from office. In determining the appropriate sanction to be imposed in non-removal cases, we have considered the following non-exclusive list of factors:
(a) whether the misconduct is an isolated instance or evidenced a pattern of conduct; (b) the nature, extent and frequency of occurrence of the acts of misconduct; (c) whether the misconduct occurred in or out of the courtroom; (d) whether the misconduct occurred in the judge‘s official capacity or in his private life; (e) whether the judge has acknowledged or recognized that the acts occurred; (f) whether the judge has evidenced an effort to change or modify his conduct; (g) the length of service on the bench; (h) whether there have been prior complaints about this judge; (i) the effect the misconduct has upon the integrity of and respect for the judiciary; and (j) the extent to which the judge exploited his position to satisfy his personal desires.
In re Chaisson, 549 So.2d 259, 266 (La. 1989) (quoting Matter of Deming, 108 Wash.2d 82, 736 P.2d 639, 659 (1987)). See, e.g., In re McInnis, 00-1026 (La.10/19/00), 769 So.2d 1186.
In cases wherein the judge was removed from office, we have cited the guidelines noted In re Whitaker, 463 So.2d at 1303, itself a non-removal case. See, e.g., In re Johnson, 96-1866, p. 15-16, 683 So.2d at 1202. The Whitaker court stated:
[t]he most severe discipline should be reserved for judges who use their office improperly for personal gain; judges who are consistently abusive and insensitive to parties, witnesses, jurors and attorneys; judges who because of laziness or indifference fail to perform their
judicial duties to the best of their ability; and judges who engage in felonious criminal conduct.
Whitaker, 463 So.2d at 1303 (emphasis supplied).
However, this court more recently stated that the four types of conduct recognized in Whitaker as warranting removal “were not intended as an exclusive list of the types of conduct for which a judge can be removed from office.” In re Huckaby, 95-0041, p. 7, 656 So.2d at 296-97. The Huckaby court explained:
Indeed, both
La. Const. art. V, § 25 and the Code of Judicial Conduct contemplate, and allow, removal for a broader range of offenses than the illustrative list set forth in Whitaker. UnderArticle V, § 25(C) , a judge may be removed from office for, among other things, persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute, and ... violations of the Canons of the Code of Judicial Conduct also serve as a basis for imposition of judicial discipline. As such, our inquiry in this case is narrow: Did respondent‘s conduct [violate Canons of the Code of Judicial Conduct] and is that conduct “persistent public conduct prejudicial to the administration of justice that brings the judicial office into disrepute” to such an extent that respondent should be removed from office?
Id., 95-0041, pp. 7-8, 656 So.2d at 296-97. See also In re Jefferson, 99-1313, p. 18, 753 So.2d at 194 (noting that persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute is “alone, sufficient to constitute grounds for removal“).
Accordingly, in the instant case, we must determine whether Judge Hunter‘s conduct violated Canon 3B(1) of the Code of Judicial Conduct and whether that conduct constituted “willful and persistent failure to perform [her] duty” or “persistent public conduct prejudicial to the administration of justice that brings the judicial office into disrepute” to such an extent that respondent should be removed from office. As we previously found, the record establishes by clear and convincing evidence, and the respondent concedes, that her repeated failures to provide transcripts, resulting in eleven reversals involving felony convictions to date, and her refusals to comply with the orders of the appellate court violated Canon 3B(1), because her conduct was a failure to “maintain professional competence in judicial administration,” and because it constituted a failure to “cooperate with other judges and court officials in the administration of court business.” Clearly, the respondent‘s conduct in failing to provide transcripts and to comply with the orders of a superior court amounted to the “willful and persistent failure to perform [her] duty” to administer her court in a professional and competent manner. Respondent also concedes that her conduct in violating Canon 3B(1) was “persistent public conduct prejudicial to the administration of justice that brings the judicial office into disrepute.” Judge Hunter‘s conduct prejudiced the administration of justice and brought her judicial office into disrepute because of the serous consequences of her failures, which resulted both in the denial of many defendants having a fair, constitutionally-mandated review of their felony convictions, and in the corresponding deprivation of the State‘s and the public‘s entitlement to see justice done.
Judge Hunter argues that her conduct amounts to gross negligence at most, that the problems have been resolved, and that she can be rehabilitated. It is true that there is no proof in the record that the respondent maliciously intended
Especially in cases where incompetence is at issue, the proper focus in deciding “whether removal is the appropriate solution depends not only on the magnitude of the violation but also on the probability of the violation‘s recurrence. If the violation is likely to recur, removal is appropriate.” Matter of Field, 281 Ore. 623, 635, 576 P.2d 348, 354 (1978); see also In re Baber, 847 S.W.2d 800, 803 (Mo.1993) (“[W]hen incompetency is alleged the court‘s task is to determine whether the conduct at issue establishes that the respondent lacks the requisite ability, knowledge, judgment, or diligence to consistently and capably discharge the duties of office he or she holds.“). Applying this approach, we conclude that the consequences of Judge Hunter‘s conduct, both past and future, are too grave, and the likelihood of recurring harm to the justice system and the public is too great, should she remain on the bench.
In Judge Hunter‘s case, there can be no dispute as to the magnitude of the violation of the Code of Judicial Conduct and the resulting harm caused to the administration of justice by the respondent‘s failure to provide accurate and timely transcripts for appellate review of criminal convictions and by her failure to comply with the administrative orders of the court of appeal. This failure resulted in the complete denial of the right to judicial review, guaranteed by
The respondent‘s delays in producing transcripts, when they are produced, or in certifying to the court of appeal that tapes cannot be located, necessarily lengthens
The procedural history of the Boatner case, in which the appellate court on August 14, 2002, reinstated and affirmed a conviction and sentence it had initially reversed and vacated, exemplifies the harm caused by missing transcripts, as well as the effect on the justice system of poor administration. See Note 5, supra. Without a full transcript, the defendant is denied his right to judicial review under
As the Oregon Supreme Court has explained: “[T]he district courts of this state are, in reality, the `People‘s Courts,’ and for many it may be the only contact they will ever have with our courts. `The impressions they receive serve to shape their opinion of the judicial system, our laws and law enforcement. We cannot permit that opinion to be anything but one of confidence and respect.‘” Matter of Field, 281 Ore. at 637, 576 P.2d at 355 (citation omitted). For example, the negative impact of reversals based solely on missing transcripts, upon the families of the victims, is readily revealed in the testimony of Sylvia Barnes and Cheryl Thompkins Malveaux. Ms. Barnes‘s son Todd was killed by Irwin Clark, who was originally convicted of second degree murder and sentenced to life imprisonment, but on re-trial he was convicted of manslaughter and sentenced to twenty years in prison. Ms. Barnes stated she was angry with Judge Hunter “for doing such a poor job.” Ms. Malveaux‘s baby daughter was killed by Raynell Bright, who was convicted of first degree murder and sentenced to life imprisonment, but his conviction and sentence were recently reversed by the court of appeal. Ms. Malveaux commented that, “If you can‘t do a job, leave it to people who can.” As evidenced by the widespread reporting of Judge Hunter‘s reversals in the local media, coupled with the negative view of the people who have actually come before Judge Hunter‘s court, the judge‘s unprofessional conduct has undoubtedly inflicted significant damage on her court in particular and the judiciary in general. Compare In re Jefferson, supra.
Moreover, harm to the administration of justice may continue to be inflicted by Judge Hunter‘s administrative failures. The supernumerary judge testified that the administrative problems he found in Section C are “vast” and problems are uncovered “daily.” Those administrative problems, set forth in more detail in the Commission‘s Findings of Fact, relate to
Judge Hunter contends that the administrative problems in Section C will not recur and that she has taken steps to address and resolve the deficiencies. The Judiciary Commission did not believe that Judge Hunter had, concluding that her efforts were too long in coming and insufficient. The record supports that conclusion in which we concur. The gravity of the consequences, past and likely future, and the minimal prospect of Judge Hunter adequately improving her administrative skills do not warrant subjecting the public to the risk of harm that would attend her remaining on the bench. The record evidences a pattern of gross negligence, if not almost complete incompetence, in the respondent‘s administration and management of her court. Judge Hunter‘s failure to administer her court in a professionally competent manner has resulted in eleven reversals so far, with the first one occurring in October of 1998, and the most recent in April of 2002, and more reversals are possible. Following the first reversal in October of 1998, State v. Bell, Judge Hunter says she did not recognize a problem. She explained that the court reporter had not returned the tapes when the reporter left her employ and that she had set status conferences five times in an effort to locate the tapes. The second reversal occurred in May 1999, State v. Bacot. Judge Hunter explained that she had a meeting thereafter with her court reporters and asked them to integrate the tapes into one group; she was satisfied that they understood what was expected of them. The third reversal in March 2000, State v. Noel, “startled” her. Judge Hunter recalled that she had had a disagreement with the court reporter about the preparation of the transcript and stated that she had not been aware that a portion of the transcript was unavailable. The fourth case, State v. Hernandez, was reversed two months later in May 2000. Judge Hunter again explained that she used a procedure in which she set status conferences for the then-working court reporter to keep her informed about the search for the lost tapes. She could not recall the court reporter who was assigned this task, noting that she had “a turnover.” More reversals followed in July of 2000, November of 2000, December of 2000, March of 2001, January of 2002, February of 2002, and April of 2002. There is no indication from the record that Judge Hunter, as the reversals began to mount, changed or improved her method of dealing with the administrative problems.
The testimony of former court reporters revealed that the organization of the files and tapes in Section C was chaotic. Judge Hunter would often assign court reporters to perform tasks other than transcribing and would hold status hearings even if the reporter were not present. Also, Judge Hunter would delay advising the court reporter that the Fourth Circuit had ordered production of a transcript. Judge Hunter explained that she understood failure as “doing nothing,” and she insisted to the
While gross negligence in managing staff and organizing tapes might not constitute willful or intentional misconduct, the respondent‘s failure to cooperate with the court of appeal and to comply with its orders, as required by the Code of Judicial Conduct, does qualify as willful misconduct. At the same time that the reversals were being handed down, the appellate court was also ordering Judge Hunter to produce transcripts in other cases, but she continued to employ unsuccessful administrative strategies, and more often than not simply did not respond to the court of appeal.
The court of appeal‘s process generally consisted of three orders. The first order would inform the responsible person, usually Judge Hunter given the high turnover of court reporters in her section, that the transcript was to be prepared and submitted to the Judicial Administrator within a certain number of days. If there were no compliance, by submission of either the transcript or a certificate asserting that the tapes could not be located, the second order would note the previous order, the failure to comply with that order, and again instruct the judge to produce the transcript by a certain date or be subject to a contempt order. First orders, and occasionally second orders, the testimony shows, were not unusual among the sections of Criminal District Court. A third order directed to a judge, however, was relatively rare, according to the Staff Director of the Fourth Circuit. This third order, a show cause order, would demand compliance by a certain date or instruct the judge to appear before the court of appeal en banc on a certain date.
Judge Hunter in seventeen cases, commencing as early as April of 1999 and continuing until March of 2002, when this court appointed a supernumerary judge to handle administrative matters in Section C, repeatedly failed to comply with orders of the court of appeal, or even to communicate with the appellate court, until she was threatened with commencement of contempt proceedings by a show cause order. Indeed, contempt proceedings were commenced and a hearing held in May of 1999 in the case of State v. James. Judge Hunter appeared late at the hearing before the panel, explaining that she had been involved in jury selection in her court and that she had not been aware of the proceeding, despite the record of personal service upon her. Judge Hunter stated to the appellate panel that she had been misled by her court reporter into believing that the order had been complied with, implying that she did not need to appear. One member of the panel informed her that when the court orders her to do something, she should respond in some manner, or the court will deduce that she is ignoring it.
Nonetheless, orders, including show cause orders, were continually issued throughout 2000 and into 2001. In January of 2001, the court of appeal again commenced contempt proceedings, following which the respondent was found to be in contempt of court. At that proceeding, the panel expressed frustration with Judge Hunter‘s failure to communicate with the court. Show cause orders, however, continued to be issued throughout 2001 and
In determining an appropriate sanction, consideration by the Commission of closed files of prior proceedings is specifically authorized by La. Sup.Ct. Rule XXIII, § 3(d). In re Soileau, 502 So.2d 1083 (La.1987). We reasoned in Soileau that closed files may be useful “to show that the problem is a continuing one and not just a rare occurrence if a new complaint is based on a similar occurrence, and to determine the recommended sanction, whether the subsequent complaint is related or unrelated.” Id. at 1086.
Prior complaints against the respondent do show that her inability to perform her administrative duties in a competent and professional manner is a continuing and recurring problem. The Commission reviewed the following prior complaints lodged against Judge Hunter:
Recently, in In re: Hunter, 98-0446 (La.7/8/98), 715 So.2d 1188, the Commission charged Judge Hunter with having pleaded nolo contendere in Municipal Court to six misdemeanors while in office for failing to maintain two pieces of property she owned in eastern New Orleans. Evidence introduced at the hearing was to the effect that rats infested the rental houses, grass and weeds had grown many feet high, the properties were broken into, and they were general eyesores in an otherwise well-kept subdivision. At the time of the hearing, Judge Hunter told the Commission that she had “gotten in over her head” with the properties. The Commission recommended that Judge Hunter be publicly censured for her conduct, but this court rejected the recommendation and declined to impose discipline.
File No. 97-854 involved Judge Hunter‘s unauthorized retention of a court reporter‘s paychecks. The Commission voted to
File No. 97-788 shows that Judge Hunter employed her mother, Rosemary Hunter, as her law clerk from April 1, 1997, through May 31, 1997, in violation of the Code of Judicial Conduct. On June 2, 1998, the Commission issued a letter of admonition to Judge Hunter and advised her to “remain mindful of the Codal rule against nepotism and that the Code imposes upon you the duty to insure that members of your staff actually perform the work for which they were hired and that such work is commensurate with the job.”
File No. 97-747 shows that in 1995, while Judge Hunter was still engaged in the private practice of law, she was retained to handle a personal injury claim on behalf of Rosa Martin and Lionel Johnson. The claims were settled in 1996, but Judge Hunter apparently lost the settlement checks and did not remit the settlement funds to her former clients, despite numerous requests. In September 1997, the Commission directed Judge Hunter to ensure that replacement checks were issued to settle the claims, and that upon submission of evidence that the settlement checks were reissued and received by the clients, the Commission‘s file would be closed. After several delays attributed to Judge Hunter, the replacement checks were issued, and the Commission closed the file in September 1998.
Additionally, in File No. 98-958, an attorney who had appeared before Judge Hunter reported that she held him in contempt and had exhibited improper temperament and demeanor. The Commission voted to close the file, but cautioned Judge Hunter that the Code of Judicial Conduct requires a judge to be “patient, dignified, and courteous in the performance of judicial duties.”
Certainly the evidence introduced to support the present charge establishes a persistent pattern of willful disregard of the respondent‘s duty to perform her administrative duties in a competent and professional manner. However, as the prior complaints establish, the respondent‘s inability to handle paperwork competently, whether in her professional or private life, or to supervise staff responsibly, or, ultimately, to make professional and competent administrative and staffing decisions is both stunningly profound and grossly pervasive.
Nor can we discern from this record any real hope for the respondent‘s rehabilitation, without placing the justice system and individuals brought before the bar at risk again. Until the most recent hearing, Judge Hunter‘s position was that her administrative troubles were due to “bad hires.” However, this simple statement itself, even if true, evidences her inability to make professional and competent administrative decisions as basic as hiring and retaining good workers. The fact of the abnormally high employee turnover rate in her section of court, forty-four full-time employees over sixty months, is still more evidence of administrative and management incompetence. It was not until the most recent hearing before the Commission that Judge Hunter even began to accept, much less understand, her culpability in the administrative debacle in Section C. While she did acknowledge that she is ultimately responsible for the failures of her court and staff, she did not demonstrate to any degree of confidence that she could learn from her mistakes and become a competent administrator. The Commission found her to be in bad faith, and while we cannot from this record say
CONCLUSION
Upon review of the record, we conclude that the most severe discipline is warranted in this case. Judge Hunter‘s utter failure to discharge her administrative duties in a diligent and professionally competent manner and her ongoing refusal to cooperate with the appellate court in securing record transcripts for appellate review has resulted in grave consequences. Judge Hunter‘s conduct, moreover, constitutes a willful and persistent failure to perform her duty and persistent, public conduct prejudicial to the administration of justice that brings the judicial office into disrepute. Accordingly, it is ordered, adjudged, and decreed that the respondent, Judge Sharon Hunter of Section C of the Criminal District Court for the Parish of Orleans, State of Louisiana, be, and is hereby, removed from office, and that her office be, and is hereby, declared to be vacant. Furthermore, the respondent is ordered pursuant to La. Sup.Ct. Rule XXIII, § 26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office.12 Finally, exercising the discretion allowed this court by La. Sup.Ct. Rule XXIII, § 22, we cast the respondent with $5,000.00 of the costs incurred in the investigation and prosecution of her case. Any rehearing in this matter shall be filed no later than 4:00 p.m. on Tuesday, August 20, 2002.
REMOVAL FROM JUDICIAL OFFICE ORDERED.
JOHNSON and KNOLL, JJ., concur and assign reasons.
APPENDIX
FORMAL CHARGE NO. 0177
The charge in case No. 0177, Subsection A, alleges that Judge Hunter failed to
Subsection B of the charge in No. 0177 relates to ten cases in which Judge Hunter‘s failure to provide accurate transcripts to the Fourth Circuit ultimately led to the reversal of a conviction or habitual offender adjudication, based solely upon the issue of a missing or deficient transcript. While a full procedural history for each is described below, the underscored language outlines the most relevant features and emphasizes the different outcomes for purposes of the charge against Judge Hunter.
1. State v. Michelle Noel, CDC # 385-093. Ms. Noel was convicted of second-degree murder and sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence. Because the record did not contain a complete transcript of the testimony taken at trial, the Fourth Circuit found that the defendant was denied her right to meaningful appellate review and vacated the conviction and sentence. State v. Noel, 99-1415 (La.App. 4th Cir.3/1/00), 761 So.2d 823. On remand for a new trial, a jury found Ms. Noel not guilty.
2. State v. Audrey Bell, CDC # 383-127. Ms. Bell was convicted of second-degree murder and sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence. The Fourth Circuit subsequently vacated the conviction and sentence because the transcript was not made part of the record. State v. Bell, 97-1615 (La.App. 4th Cir.10/21/98), 731 So.2d 558. Following remand for a new trial, a jury found Ms. Bell guilty of manslaughter; she was sentenced to serve 40 years in prison, with credit for time served.
3. State v. Irvin Clark, CDC # 378-494. Mr. Clark was convicted of second-degree murder and sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence. The Fourth Circuit subsequently vacated the conviction and sentence because the record did not include a transcript of the first day of trial. State v. Clark, 00-0348 (La. App. 4th Cir.12/13/00), 776 So.2d 1249. Following remand for a new trial, the State amended the charge to manslaughter because several key witnesses were no longer available. Mr. Clark entered a plea of guilty to manslaughter and was sentenced to serve 20 years in prison, with credit for time served.
4. State v. Raynell Bright, CDC # 376-884. Mr. Bright was convicted of first-degree murder and sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence. The Fourth Circuit reversed the conviction and sentence because the transcript of the trial lacked the testimony of important witnesses, including the defendant, and contained numerous errors. State v. Bright, 00-1255 (La.App. 4th Cir.2/6/02), 809 So.2d 1112. The State‘s application for supervisory writs from the Fourth Circuit‘s ruling is pending in this court, No.2002-K-0698.
5. State v. Bobby Dickerson, CDC # 392-232. Mr. Dickerson was convicted of attempted first-degree murder and sentenced to life imprisonment as a third felony offender. The Fourth Circuit reversed the conviction and sentence because
6. State v. Donald McGee, CDC # 376-601. Mr. McGee was convicted of possession of cocaine and distribution of cocaine and sentenced to life imprisonment as a third felony offender. Citing lost transcripts, the court of appeal vacated the conviction and sentence, and remanded the case for a new trial. State v. McGee, 00-0347 (La.App. 4th Cir.7/26/00), 786 So.2d 979. Thereafter, the State entered a nolle prosequi in the case, and the defendant was released from custody.
7. State v. Raymond Jones, CDC # 379-522. Mr. Jones was convicted of possession of a Schedule I controlled dangerous substance (phencyclidine-PCP) within 1,000 feet of a school and sentenced to serve fifteen years in prison as a second felony offender. Because substantial portions of the transcript were absent from the record, the Fourth Circuit reversed the conviction and sentence, and remanded the case for a new trial. State v. Jones, 00-0298 (La.App. 4th Cir.11/21/00), 775 So.2d 718. Thereafter, the defendant‘s case was re-allotted to a different section of court, where he entered a plea of guilty to a lesser crime and was sentenced to serve ten years in prison with credit for time served.
8. State v. Eddie Johnson, CDC # 414-319. Mr. Johnson was convicted of possession of cocaine and possession of marijuana and sentenced to life imprisonment as a third felony offender. Because the trial transcript was absent from the record, thereby resulting in the denial of the defendant‘s right to appellate review, the Fourth Circuit vacated the conviction and sentence, and remanded the case for a new trial. State v. Johnson, 01-1909 (La. App. 4th Cir.1/23/02), 807 So.2d 1071.
9. State v. Pedro Bacot, CDC # 309-826. Mr. Bacot was convicted of attempted first-degree murder and sentenced to serve twenty-five years in prison as a second felony offender. The Fourth Circuit affirmed the conviction, but it vacated the habitual offender adjudication and sentence because the record lacked transcripts of the sentencing and of a hearing on a motion to quash the habitual offender bill. State v. Bacot, 98-0506 (La.App. 4th Cir.5/26/99), 739 So.2d 1027. Following remand for sentencing, Judge Hunter found Mr. Bacot was a multiple offender and sentenced him to serve twenty-five years in prison without benefit of parole, probation, or suspension of sentence, with credit for time served.
10. State v. Gregory Hernandez, CDC # 383-422. Mr. Hernandez was convicted of theft of an automobile valued at $500 or more and sentenced as a multiple offender to serve eighty months at hard labor. Because the transcript of the second day of trial was not provided, the Fourth Circuit reversed the conviction and sentence, and remanded the case for a new trial. State v. Hernandez, 99-2980 (La.App. 4th Cir.5/10/00), 761 So.2d 829. Following remand, Mr. Hernandez entered a plea of guilty as charged and was sentenced to serve forty-two months with credit for time served.
Subsection C of the charge relates to cases in which Judge Hunter failed to comply with the Fourth Circuit‘s orders to produce transcripts, but the cases were either affirmed on other grounds or remain pending before the court of appeal:
1. State v. Eckley Marshall, CDC # 415-530. On February 9, 2001, March 12, 2001, and May 14, 2001, the Fourth
The Fourth Circuit subsequently affirmed the defendant‘s sentence, finding that the record was sufficient for appellate review, that Mr. Marshall did not establish he suffered any prejudice from the lack of a sentencing transcript, and that the record indicated he had knowingly and intelligently waived his rights.
State v. Marshall, 01-1907 (La.App. 4th Cir.1/30/02), 812 So.2d 79.
2. State v. Steve Banks and Jamar Rolling, CDC # 390-356. On July 19, 2000, and August 29, 2000, the Fourth Circuit ordered Judge Hunter to produce the transcripts of two motion to suppress hearings. Judge Hunter did not comply with the orders. On October 2, 2000, the Fourth Circuit ordered Judge Hunter to produce the transcripts on or before November 9, 2000, or appear before the court on November 16, 2000, for a contempt of court hearing. On November 9, 2000, Judge Hunter complied with the Fourth Circuit‘s orders by providing a certificate certifying that one of the transcripts was unavailable.
Thereafter, on December 11, 2000 and January 23, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcript of a motion hearing conducted on the second day of the defendants’ trial. Judge Hunter did not comply with the orders. On March 5, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcript on or before April 16, 2001, or appear before the court on April 25, 2001, for a contempt of court hearing. Judge Hunter complied with the Fourth Circuit‘s orders by providing a certificate certifying that the transcript was unavailable. The certificate was received by the Fourth Circuit on April 18, 2001.
On October 17, 2001, the Fourth Circuit affirmed the defendants’ convictions and sentences. The court of appeal found that the absence of the transcript of the motion to suppress hearing did not preclude the defendants’ exercise of their constitutional right of review because the arresting police officers had testified at the motion hearing and at trial, and had adequately recounted their reasons for stopping the defendants. State v. Banks and Rolling, 00-0525 (La.App. 4th Cir.10/17/01), 800 So.2d 28.1
3. State v. Todd Plaisance a/k/a Michael Thomas, CDC # 405-507. On November 9, 2000 and December 18, 2000, the Fourth Circuit ordered Judge Hunter to produce the transcript of a pre-trial motion hearing. Judge Hunter did not comply with the orders. On February 13, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcript within twenty days, failing which the court would commence contempt proceedings. On March 5, 2001, the Fourth Circuit granted
On March 6, 2002, the Fourth Circuit affirmed the defendant‘s conviction and sentence. The court stated that appellate counsel also represented the defendant at trial, and that the defendant did not demonstrate how the missing portions of the transcript had prejudiced him. State v. Plaisance, 00-1858 (La.App. 4th Cir.3/6/02), 811 So.2d 1172.2
4. State v. Michael Harris, CDC # 413-972. On April 25, 2001, and May 23, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcripts of the defendant‘s trial and sentencing hearing. Judge Hunter did not comply with the orders. On August 7, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcripts on or before September 11, 2001, or appear before the court on September 14, 2001, for a contempt of court proceeding. Judge Hunter ultimately complied with the Fourth Circuit‘s orders by providing a certificate certifying that the trial transcript could not be produced. As of the date the formal charge was filed against Judge Hunter, this case was pending before the Fourth Circuit.3
5. State v. Matthew Whiticar, CDC # 414-151. On January 29, 2002, and March 6, 2002, the Fourth Circuit ordered Judge Hunter to produce the transcript of a motion to quash hearing. On March 21, 2002, Judge Hunter complied with the Fourth Circuit‘s orders by providing a certificate certifying that the transcript could not be produced. The certificate was received by the Fourth Circuit on March 26, 2002. As of the date the formal charges were filed against Judge Hunter, this case was pending before the Fourth Circuit.
6. State v. Kentrell Vance, CDC # 413-739. On January 29, 2002, and March 6, 2002, the Fourth Circuit ordered Judge Hunter to produce the transcripts of the defendant‘s trial, sentencing hearing, and multiple bill hearing. On March 7, 2002, Judge Hunter complied with the Fourth Circuit‘s orders by providing the trial transcript and by providing certificates certifying that the transcripts of the sentencing and multiple bill hearings could not be produced. As of the date the formal charges were filed against Judge Hunter, this case was pending before the Fourth Circuit.
7. State v. Tory Boatner, CDC # 406-284. Mr. Boatner was convicted of second-degree murder and sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence. On January 17, 2002, and February 22, 2002, the Fourth Circuit ordered Judge Hunter to produce the transcripts of five pre-trial hearings. On March 21, 2002, Judge Hunter complied with the Fourth Circuit‘s
Subsection D of the charge in No. 0177 relates to cases in which Judge Hunter complied with the Fourth Circuit‘s orders to produce transcripts, but only after the court issued numerous orders and threatened her with contempt proceedings if she did not comply, or found her to be in contempt of court:
1. State v. Katie Zeno, CDC # 411-088. On April 6, 2001, and May 22, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcripts of the defendant‘s trial, sentencing hearing, and multiple bill hearing. Judge Hunter did not comply with the orders. On August 7, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcripts on or before September 11, 2001, or appear before the court on September 14, 2001, for a contempt of court hearing. On August 29, 2001, Judge Hunter complied with the Fourth Circuit‘s orders by filing the transcripts with the Office of the Judicial Administrator for Orleans Parish Criminal District Court. The transcripts were received by the Fourth Circuit on October 11, 2001.
2. State v. Christopher James, CDC # 374-038. On March 31, 1998, May 27, 1998, October 16, 1998, and January 8, 1999, the Fourth Circuit ordered Judge Hunter to produce the transcript of the defendant‘s trial. Judge Hunter did not comply with the orders. On April 1, 1999, the Fourth Circuit ordered Judge Hunter to produce the transcript on or before May 7, 1999, or appear before the court on May 19, 1999, for a contempt of court hearing. Judge Hunter did not comply with the order, and a show cause hearing was held in this matter on May 19, 1999. Judge Hunter eventually supplied the necessary transcript.
3. State v. Keine Johnson, CDC # 391-992. On July 31, 2000, and October 3, 2000, the Fourth Circuit ordered Judge Hunter to produce the transcript of a motion to quash hearing. Judge Hunter did not comply with the orders. On December 18, 2000, the Fourth Circuit ordered Judge Hunter to produce the transcript on or before January 18, 2001, or appear before the court on January 23, 2001, for a contempt of court hearing. On January 19, 2001, Judge Hunter complied with the Fourth Circuit‘s orders by filing the transcript with the Office of the Judicial Administrator for Orleans Parish Criminal District Court. The transcript was received by the Fourth Circuit on February 2, 2001.
4. State v. Darrin Brooks, CDC # 400-833. On March 7, 2001 and May 3, 2001, the Fourth Circuit ordered Judge Hunter to produce transcripts of closing arguments, jury instructions, and voir dire, or certificates of no objection, and various motion hearings. Judge Hunter did not comply with the orders. On June 14, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcripts by August 10, 2001, or appear before the court on September 14, 2001, for a contempt of court hearing. On July 30, 2001, Judge Hunter complied with the Fourth Circuit‘s orders by filing all of the requested transcripts
5. State v. Kenneth Hall, CDC # 387-335. On August 7, 2001, September 21, 2001, and October 24, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcripts of the defendant‘s trial and sentencing hearing. Judge Hunter did not comply with the orders. On November 29, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcripts on or before January 9, 2002, or appear before the court on January 17, 2002, for a contempt of court hearing. On January 14, 2002, Judge Hunter complied with the Fourth Circuit‘s orders by filing the transcripts with the Office of the Judicial Administrator for Orleans Parish Criminal District Court.
6. State v. Frank Moses, CDC # 397-504. On August 2, 2000 and October 3, 2000, the Fourth Circuit ordered Judge Hunter to produce the transcripts of the defendant‘s trial and sentencing hearing. Judge Hunter did not comply with the orders. On December 18, 2000, the Fourth Circuit ordered Judge Hunter to produce the trial transcript on or before January 17, 2001, or appear before the court on January 23, 2001, for a contempt of court hearing. Judge Hunter did not comply with the order, and following a hearing, she was held in contempt of court on January 24, 2001. On February 9, 2001, Judge Hunter complied with the Fourth Circuit‘s orders by filing the trial transcript with the Office of the Judicial Administrator for Orleans Parish Criminal District Court.
7. State v. Elgin McClay, CDC # 392-507. On October 19, 2001, and November 19, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcript of the defendant‘s trial and sentencing hearing. Judge Hunter did not comply with the orders. On January 25, 2002, the Fourth Circuit ordered Judge Hunter to produce the transcript on or before March 4, 2002, or appear before the court on March 20, 2002, for a contempt of court hearing. On February 22, 2002, Judge Hunter complied with the Fourth Circuit‘s orders by filing the transcript with the Office of the Judicial Administrator for Orleans Parish Criminal District Court.
8. State v. Jennifer McKenzie, CDC # 405-596. On October 11, 2001, and November 29, 2001, the Fourth Circuit ordered Judge Hunter to produce the transcripts of the defendant‘s trial and sentencing hearing. Judge Hunter did not comply with the orders. On January 25, 2002, the Fourth Circuit ordered Judge Hunter to produce the transcripts on or before March 4, 2002, or appear before the court on March 20, 2002, for a contempt of court hearing. On February 26, 2002, Judge Hunter complied with the Fourth Circuit‘s orders by filing the transcripts with the Office of the Judicial Administrator for Orleans Parish Criminal District Court.
9. State v. Kick Hatcher, CDC # 419-293. On November 19, 2001 and January 23, 2002, the Fourth Circuit ordered Judge Hunter to produce the transcripts of the defendant‘s trial, sentencing hearing, and multiple bill hearing. Judge Hunter did not comply with the orders. On March 6, 2002, the Fourth Circuit ordered Judge Hunter to produce the transcripts on or before April 1, 2002, or appear before the court on April 10, 2002, for a contempt of court hearing. On March 28, 2002, Judge Hunter complied with the Fourth Circuit‘s orders by filing the transcripts with the Office of the Judicial Administrator for Orleans Parish Criminal District Court.
Subsection E of charge No. 0177 cites Judge Hunter‘s failure to perform her administrative duties by her consistent and persistent failure to cooperate with the Fourth Circuit:
1. State v. Kenneth Hall, CDC # 387-335. On February 5, 2002 and March 6, 2002, the Fourth Circuit ordered Judge Hunter to produce the transcripts of the defendant‘s trial and the court‘s ruling of December 22, 1998. As of the date the formal charge was filed against Judge Hunter, she had not produced the transcript of her ruling of December 22, 1998. For reasons that are not entirely clear, the trial transcripts were produced by the defendant‘s counsel.
2. State v. Ann Bernard, CDC # 407-589. On January 8, 2002 and February 19, 2002, the Fourth Circuit ordered Judge Hunter to produce the transcript reflecting the defendant‘s waiver of a jury trial. On March 20, 2002, Judge Hunter provided a certificate certifying that the transcript could not be produced. The certificate was received by the Fourth Circuit on March 22, 2002. However, on April 2, 2002, the transcript was delivered to the Office of the Judicial Administrator for Orleans Parish Criminal District Court. As of the date the formal charges were filed against Judge Hunter, this case was pending before the Fourth Circuit.
3. State v. Steve Banks and Jamar Rolling, CDC # 390-356. On March 9, 2000, April 26, 2000, and June 5, 2000, the Fourth Circuit ordered Judge Hunter to produce the transcript of the sentencing of Jamar Rolling. Judge Hunter eventually supplied the necessary transcript.
Subsection F of charge No. 0177 cites the extensive media coverage surrounding the administrative failures in Judge Hunter‘s court. The Commission alleged that the publicity caused members of the public to view negatively the judicial system in Orleans Parish Criminal District Court.
Subsection G of the charge relates to Judge Hunter‘s serving as her own minute clerk. The Commission alleges that during the period of time in which Judge Hunter performed the duties of the Section C minute clerk, the minute clerk‘s duties and responsibilities were performed in an inadequate and substandard manner.
Finally, in Subsection H of the charge, the Commission alleged that Judge Hunter‘s conduct violated Articles of the Louisiana Constitution of 1974, namely:
NOTES
JOHNSON J., Concurring.
We take no satisfaction from removing an elected official from public office. However, we must recognize that our responsibility as supervisors of Louisiana‘s judiciary is to ensure justice for victims of violent crimes and the witnesses who often times put their lives at risk when they come forward to testify in criminal trials. They are entitled to diligence and competence. The errors committed by this Judge have resulted in eleven reversals of criminal convictions by the appellate court, with some other cases filed and awaiting disposition that may also be reversed because of lost transcripts.
Judge Hunter concedes that as administrator of her Section of Court, she is ultimately responsible for the failure to produce transcripts. The record demonstrates a failure to respond to orders from the Court of Appeal, and a failure to ask for help from her colleagues at Criminal District Court, the appellate court judges or this Court when she first became aware of the problem and before we reached these disastrous consequences.
I write separately to express my view that the court reporters who recorded testimony and failed to produce transcripts of these trials share some responsibility for this debacle, and they should have their licenses revoked.
KNOLL, J., concurring.
While I am in full agreement with the result of the majority opinion removing Judge Hunter from office, I write separately because the majority opinion does not fully address the overwhelming evidence of other grave failures of Judge Hunter‘s conduct that are intolerable to the criminal justice system.
To the public and this court, Judge Hunter has persistently blamed others, primarily the court reporters, for her failures, while she admits her conduct caused these catastrophic consequences. Her accusations are unworthy of belief and fly in the face of the record evidence. There were 90 employees under her supervision between October of 1996 and March of 2002. This alone is phenomenal. While she alleges the court reporters lost the tapes of trials and hearings, Judge Hunter herself was responsible for many “lost” court records, which were later found in her disheveled office or courtroom. Although she was not officially charged with other administrative failures that she alone caused resulting in yet more grave consequences, this evidence certainly supports that she is incapable of administering justice in the criminal court.
In addition to the “lost” transcripts, there are many cases that “fell off the docket” because Judge Hunter would not sign the motion for an appeal. The deposition of the Supernumerary Judge pro tempore, Judge Winsberg, shows the cases that Judge Hunter would not act upon. While some of these defendants are out on bond, many are not and these defendants are serving time without being able to exercise their constitutional right to an appeal.
At oral argument, Judge Hunter was asked why she did not sign the motion for appeal in these cases and she responded by blaming the lawyers for not filing the
One of the most glaring injustices that demonstrates her wrongful conduct is the case of Richard Wright, who was kept in jail for a lengthy period on a probation warrant. Judge Winsberg explained that Judge Hunter was aware of Mr. Wright‘s incarceration, but failed to take any action in the case:
there are minute entries. She‘s continued to have the defense attorney do something that he can‘t do, and this fellow‘s been in jail on this probation hold. Now, he has been in jail so long,... that, had he gotten his two years, he‘d probably be out on either good time or parole at this particular time. The judge indicated, `Well, we‘ll just let him sit, and when the two years are up he‘ll be released.’ But the problem with that is that he‘s still on probation, in effect, because his probation has never been revoked. So he‘s just sitting back there.
Judge Winsberg‘s deposition contains other damaging and overwhelming evidence of many wrongdoings on Judge Hunter‘s part that should have been charged by the Commission, but apparently there was not enough time. While this conduct was not specifically formally charged, it serves to reinforce the general allegations of Judge Hunter‘s complete inability to administer her court.
Moreover, this evidence is important because in my view, it shows that Judge Hunter is not being candid with this court and the public when she persistently blames others for her failures. Her explanation is simply not true. These failures were caused by her conduct alone. It is disturbing that she has taken this position and yet requests a sanction less than removal.
This court does not lightly remove a judge from office. Since 1887, we have removed only seven judges from office. In my view, this case ranks as one of the most egregious. While Judge Hunter‘s apology to us for her administrative failures is appropriate, it does not diminish the travesty to the criminal justice system her conduct has caused. The consequences of her failures cannot be undone and are far too grave. Any sanction less than removal would put the criminal justice system at risk, as well as deprecate the seriousness of her conduct and the grave consequences to citizens of this state resulting from her conduct. She must be removed from office for the sake of the criminal justice system.
Notes
Judge Hunter acknowledges and admits that the conduct that she had been accused of is correctly charged against her. She acknowledges that she had failed to adequately supervise and manage employees on her staff. She admits that she has failed to produce transcripts which has resulted in reversals [in] many of them by the Fourth Circuit.
She admits that on occasion that she had failed to produce[] transcripts even if it did not result in dismissal or reversals. She acknowledges that the Fourth Circuit has had to order her and threaten her with contempt in order to do things. And not only does she acknowledge that those facts occurred, she acknowledges that the fault lies with her in being unable to comply with orders of the Fourth Circuit.
She acknowledges that on occasion she and her office have not cooperated with the Fourth Circuit, which is basically an allegation that the Fourth Circuit has asked her to do things and ordered her to do things, but without the threat of contempt.
She acknowledges and she regrets that her administrative and management failures have caused the public to have a negative view of Section C, her court, and it could cause a bad view of the court system in general.
And she acknowledges that her decision to act as her own minute clerk resulted in far less than adequate minute entries, and that that was a decision that she made that she should not have made. She should not have acted as her own minute clerk.
Judge Hunter in her testimony before the Commission agreed with her counsel‘s statement admitting the allegations set forth in Charge No. 0177. Furthermore, she specifically admitted: (1) that she failed to supervise and manage the staff of section C; (2) that she was responsible for the reversals of eleven cases by the Fourth Circuit and that her conduct in connection with these reversals violated the Code of Judicial Conduct; and (3) that she was responsible for the conduct resulting in the numerous orders from the Fourth Circuit, including orders threatening to hold her in contempt, and that her conduct resulting in these orders violated the Code of Judicial Conduct. Judge Hunter also admitted that her actions in failing to provide transcripts resulting in eleven reversals has caused the judicial system and her court in particular to be held in disrepute and to be damaged in the eyes of the community. She stated that it was not her intent to bring the court into disrepute, stating:
I was really trying to solve the problem. I was putting in place mechanisms and thinking that there was some movement towards improvement. But, the sum total of it is it didn‘t get done. And if it didn‘t get done and I was responsible and I am responsible for getting it done, then the failure lies with me. You know, that‘s—I‘m not going to say it‘s hard. I‘m going to say that the problem was one that we were making efforts to deal with. But, the end result, again, if it didn‘t get done, was that there was a failure to do so, and that failure lies with me.
willful misconduct relating to his official duty, willful and persistent failure to perform his duty, persistent and public conduct prejudicial to the administration of justice that brings the judicial office into disrepute, conduct while in office which would constitute a felony, or conviction of a felony.
Any former judge who has been removed from office by the Supreme Court pursuant to