Memo Cited Thomas for Unlawful Release of Girl

Los Angeles Municipal Judge Maxine F. Thomas arranged the “unlawful release from custody” of her goddaughter after the teen-ager was arrested last year on suspicion of a felony, according to a district attorney’s memorandum obtained Tuesday by The Times.

Thomas, who has since become presiding judge of the Municipal Court and is facing a recall election among her fellow jurists next week, was also accused in the memo of appearing to violate two separate canons of the Code of Judicial Conduct by signing an order releasing her goddaughter, Tiffany Webb, from Sybil Brand Institute on the 18-year-old’s own recognizance.

After receiving a prosecutor’s memo outlining Thomas’ actions in the Webb case, Deputy Dist. Atty. Steven A. Sowders, head of the Special Investigations Division, spoke with the judge but decided to let the matter rest on grounds that it was “an isolated incident” based on a “misunderstanding.”

Thomas did not respond to several requests by a reporter to comment on the incident.

The memo, written by Deputy Dist. Atty. Robert N. Jorgensen and addressed to Sowders, summarizes an investigation of Thomas’ conduct after Webb’s arrest May 2, 1985, by Los Angeles police detectives in the Wilshire area. Although Webb was initially booked for a felony, she was eventually charged by the Los Angeles city attorney’s office with three misdemeanors: assault with a deadly weapon, false imprisonment and theft.

The case against Webb was dismissed last December at the request of prosecutors.

According to Jorgensen’s memo dated Sept. 27, Thomas called police after the arrest and asked how her goddaughter’s release might be arranged. Told by Sgt. Larry Smith that she, herself, could authorize the release, the judge came down to the police station and signed an order freeing Webb without bail.

Smith said Tuesday that he saw no problem with having Thomas sign the order.

“She’s a judge,” he said. “All I know is a judge’s signature is God’s signature.”

In his memo, however, Jorgensen notes that Webb did not submit a release agreement before she was freed, as required by law. Under the California Penal Code, a defendant released on his or her own recognizance must sign an agreement promising to make all court appearances, stay within state boundaries and waive extradition if he or she flees the state and is apprehended.

“There being no release agreement at all in this case, Judge Thomas thus effected the unlawful release from custody on a felony charge of her goddaughter, Tiffany Webb,” the memo states.

The memo goes on to say that Thomas apparently violated the Code of Judicial Conduct by getting involved in her goddaughter’s case.

“Further it appears that Judge Thomas’ intervention in a matter not ordinarily within her jurisdiction on behalf of a person with whom she had a close personal relationship violated the Code of Judicial Conduct’s prohibitions against a judge’s allowing personal ‘relationships to influence his judicial conduct or judgment’ (Canon 2.B) and against his participation ‘in a proceeding in which . . . his impartiality might reasonably be questioned, including . . . instances where . . . he has a personal bias or prejudice concerning a party . . . ‘ (Canon 3.C) (Ellipses from memo).

Recommendation Made

Despite the comments, Jorgensen recommended to Sowders that “rather than report the matter to the presiding judge of the Municipal Court or the Commission on Judicial Performance, perhaps we should talk to the judge.”

Sowders said in an interview that he was the one who spoke to Thomas and decided not to pursue the matter. He said he informed Assistant Dist. Atty. Curt Livesay of his decision.

“The statements made to us by the officers indicated that there may have been a misunderstanding as to the judge’s obligations and role in such a matter,” Sowders explained. “We assumed that she was unaware that she should not have become involved in the way she did.

” . . . She explained the conduct and the thought processes involved,” Sowders continued. “Based on that, it seemed to be an isolated incident, one that would not recur. For those reasons, it did not seem to warrant referral to the Commission on Judicial Performance.’

Thomas’ goddaughter was arrested along with two 17-year-olds in connection with a fight at a home in the 1100 block of South Crenshaw Boulevard. According to the police report, another teen-ager accused the others--all acquaintances of hers--of pulling a knife on her, choking her with a belt and taking money from her.

Court records show that Webb failed to make an Aug. 7 court appearance. As a result, bail was set at $1,500. Her attorney, Ed Tolmas, blamed a calendar mix-up for his client’s absence.

While the court file does not say why the case was eventually dismissed, Tolmas recalled that the alleged victim ultimately recanted her story.