Calif. Judge Tossed Out for Delay, Neglect
Thursday October 4, 2007
Cheryl Miller, The Recorder
California's Commission on Judicial Performance on Tuesday ordered an
incorrigible clutter bug removed from the Riverside County bench.
Superior Court Judge Robert Spitzer's "inexcusable delays, failure to act
and gross neglect of court orders demonstrates an unwillingness or inability
to perform judicial functions," commission Chairman Frederick Horn wrote in
the unanimous order.
Spitzer, a 17-year veteran of the Riverside courts, was charged with eight
counts of judicial misconduct stemming from accusations that he backdated
court orders, failed to dispose of cases promptly, filed "at least" 70 false
salary affidavits and conducted improper ex parte conversations.
The judge's courtroom and chambers were routinely "in shambles," and because
files were "strewn about without any discernible organization," they were
often lost or misplaced, the commission found.
In hearings before a panel of special masters and the commission earlier
this year, Spitzer conceded that he had trouble organizing his work but
insisted that he was undergoing therapy and changing courtroom procedures to
fix the problems.
But commissioners noted that, after they had threatened him in 2003 with a
public admonishment for similar troubles, Spitzer had assured them that he
would change his ways.
"We have no confidence in his ability to conform to standards of judicial
conduct," the commission said.
Spitzer's attorney, Reginald Vitek of Seltzer Caplan McMahon Vitek in San
Diego, did not return a phone call Tuesday.
Presiding Judge Richard Fields of the Riverside County Superior Court said
Spitzer left his courtroom Tuesday morning after learning of the
commission's order.
"He is absolutely one of the hardest-working judges I've ever met," Fields
said. "The loss of such an experienced judicial officer at this very
critical point in this court's history is going to be felt by many people."
Fueled by Riverside County's enormous population growth, the courts have a
backlog of civil cases and officials have struggled to keep up with the
criminal calendars. Chief Justice Ronald George recently dispatched two
dozen judges from around the state to Riverside to help process felony
cases.
Fields said he's asked the Administrative Office of the Courts for an
assigned judge to take on Spitzer's courtroom.
Spitzer, 58, cited the county's crushing caseload as one of the reasons he
fell behind in his work. But commissioners said it was more than the judge's
"chronic state of disorganization" that led to his troubles.
Investigators said Spitzer appeared to backdate his signature on numerous
orders before giving them to his clerk for processing. The commission found
that in one case, City of Moreno Valley v. Southern California Association
of Governments (SCAG), Spitzer received a proposed judgment on May 6, 2003
but didn't act until June 9, 2004, when he signed the judgment, backdated
the document July 3, 2003 and file-stamped it July 7, 2003.
An appellate court tossed out SCAG's appeal in August 2004 on the grounds
that agency leaders had waited too long -- 13 months according to Spitzer's
signature -- to file. SCAG has not resubmitted their appeal.
In another case, Spitzer forgot to file a decision entirely. The judge heard
a small claims case in 1996 and, despite numerous complaints from the
parties involved, never issued a ruling. It was only after the plaintiff's
mother, a potential juror in an unrelated case, complained to Spitzer in
2002 that Spitzer conducted a new trial and finally issued a ruling.
Commissioners said Spitzer's delays in closing cases led him to file false
affidavits saying that he had no cases outstanding for more than 90 days,
something judges must do regularly to receive their paychecks.
The commission also criticized Spitzer for improper behind-the-scenes
meddling in cases. In 2004, the judge lobbied prosecutors to charge a
defendant with manslaughter and not murder in a DUI case. The district
attorney declined and after a jury deadlocked, Spitzer brought the victim's
mother into his office and, according to investigators, encouraged her to
persuade the DA to pursue manslaughter charges.
Spitzer told the special masters that he was only trying to comfort and to
educate the mother and that he never meant to suggest that she lobby the
prosecutor for reduced charges.
"Attempting to convince a mother whose child was killed by a drunk driver
that her child's death was unintentional by reference to Penal Codes, legal
terminology, and sentence calculations reflects an alarming lack of
sensitivity in addition to being extraordinarily inappropriate and
unjudicial," Horn wrote on behalf of the commission.
Spitzer is the third judge the commission has ordered removed from office in
the last 10 months. Santa Barbara County Superior Court Judge Diana Hall was
ousted in December 2006 after the commission found that she had violated
campaign finance laws, received two misdemeanor convictions for DUI and
improperly questioned a prosecutor's motives. And commissioners removed
Monterey County Superior Court Judge Jose Velasquez in April for denying
defendants due process, making inappropriate comments in court and
improperly issuing bench warrants.
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