Former O.C. Judge Found Guilty of DUI

A former Orange County Superior Court judge was convicted Tuesday of drunk driving but acquitted of driving with a blood-alcohol level above the legal limit in a 2003 collision that severely injured a motorcyclist.

A jury found that Theodore E. Millard, 66, had caused bodily injury to William Payne, a charge that carries a three-year prison sentence. The jury also found that Millard personally inflicted great bodily injury, which carries an additional three-year penalty.

Payne, then 52, was thrown from his motorcycle in the Dec. 5, 2003, collision at an Orange gas station. He suffered a shattered thigh bone and sternum.

Deputy Atty. Gen. Melissa Mandel credited the jury for reaching a guilty verdict even though three judges served as character witnesses for Millard. “It’s difficult to find that a judge committed a felony, but they were willing to hold him accountable,” Mandel said.

Mandel and Los Angeles Superior Court Judge John A. Torribio were appointed to the case because of Millard’s legal ties to Orange County.

The jury considered two DUI charges, rejecting that Millard’s blood-alcohol level was excessive but finding that he was impaired by alcohol, Mandel said. Police said Millard had a blood-alcohol level of 0.11% following the crash. In California, a person is legally drunk at 0.08% or higher.

Defense attorney Allan Stokke did not return phone calls Tuesday. Millard faces up to six years in prison. He is free on his own recognizance, pending sentencing July 18.