Judicial Panel Urges Judge Be Censured

The state Judicial Performance Commission urged Thursday that a San Bernardino County Justice Court judge be publicly censured for a series of improper actions on the bench.

The watchdog commission, by a narrow 5-4 vote, asked the state Supreme Court to reprimand Judge David Press, 75, of the Crest Forest Justice Court for prejudicial and willful misconduct in office.

Commission dissenters said they would have recommended only a private admonition, an action frequently taken by the agency but not publicly reported. The most severe action the commission may recommend is removal from office.

Press, a former assistant city prosecutor in Pasadena, has served on the Justice Court for nearly 11 years.

In a 14-page report filed with the court, the commission, among other things, accused the judge of:

- Improperly hearing testimony from defendants in traffic cases before the prosecution had submitted enough evidence for the case to proceed.

In two cases, law enforcement officers took the witness stand but could not recall details of citations they had issued defendants. The defendants then testified, telling their sides of the story in the presence of the officers. The officers, with their recollections refreshed, returned to testify in sufficient detail to support the charges--and in both instances the defendants were found guilty by the judge.

- Failing to grant a hearing within legal deadlines to determine whether a totally disabled Social Security recipient was liable for attorney’s fees in the criminal case in which he was a defendant.

The judge ultimately, but belatedly, found that the defendant lacked the ability to pay and was not responsible for the fees.

- Ordering court clerks to obtain his approval before providing to the public records on cases he was handling. The commission said the clerks were also led to understand that they must inform the judge of the date, time and name of any person requesting to look at court dockets and files involving the judge.

- Making unwarranted personal attacks on attorneys appearing in his courtroom, causing the lawyers “embarrassment and distress.”

While the commission does not reveal the source of complaints against judges--even to the judges--Press, who is running for reelection this fall, traced his troubles to unnamed supporters of his opponent, Michael Dest. Complaints about his handling of traffic cases represent an “unwarranted intrusion” on judicial independence, he said.

Press said he will contest the commission recommendation before the state Supreme Court.

Press, a native of New York, served in the U.S. Army during World War II, receiving three medals for service in the European theater.