Panel Says It Has Investigated Carter, Ordered a Hearing

In an unusual public statement, the California Commission on Judicial Performance announced Thursday that it has completed a preliminary investigation of Orange County Municipal Judge Brian R. Carter and has ordered a formal hearing on allegations against him.

Carter was not available for comment, and a spokesman said he was attending meetings outside the office Thursday.

The three-paragraph statement from the San Francisco-based watchdog commission did not specify the allegations against Carter. But sources have told The Times that both Carter and Orange County Municipal Judge Calvin P. Schmidt were being investigated by the commission for allegedly giving lenient treatment in court to prostitutes in return for sexual favors.

The formal hearing is not open to the public.

‘Permits’ Announcement

“While commission procedures are confidential by law, Rule 902 of the California Rules of Court permits a short announcement when the subject matter is generally known to the public and there is broad public interest,” the commission statement said. “It has been reported in the media that Judge Brian R. Carter of the Harbor District Court is the subject of commission proceedings.

“This is to confirm that the Commission on Judicial Performance has ordered formal proceedings concerning Judge Brian R. Carter. Under the rules, the commission cannot confirm or deny that there are any other Harbor Court judges under investigation.”

Carter, 62, and Schmidt, 59, are both veteran judges in Harbor Municipal Court, which serves the cities of Costa Mesa, Newport Beach and Irvine. Carter was appointed in 1982 by Gov. Edmund G. Brown Jr.

The Times reported Tuesday that the commission is also looking into allegations that two other judges on the same court attempted last year to pressure Newport Beach officials into calling off a police investigation into the activities of Carter and Schmidt.

A fifth Harbor Municipal judge, Susanne S. Shaw, who has been one of the chief accusers of the other four judges, is herself the subject of complaints to the commission for improperly endorsing a political candidate and making remarks from the bench that offended Latino defendants.

Although it was brief, the an nouncement Thursday indicates that, by ordering a formal proceeding, the commission is seriously considering the allegations against Carter. The proceeding will be conducted by three judges appointed by the California Supreme Court.

The commission investigates charges of misconduct by judges and is empowered to recommend disciplinary action to the state Supreme Court.

It its 27-year history, the commission has ordered only 80 formal hearings against judges, resulting in only 10 recommendations to remove judges.

After a formal hearing is completed, the commission reviews the results and decides whether to take any action. It may privately admonish a judge or make a recommendation to the state Supreme Court for public censure or removal.

The Orange County district attorney and the Newport Beach Police Department conducted earlier investigations into allegations against Carter and Schmidt. No criminal charges resulted. Sources said the police and district attorney were unable to persuade witnesses to testify against Carter and Schmidt in court.

Court documents that were recently unsealed revealed that a 24-year-old woman told Fullerton police after her arrest on suspicion of prostitution in 1984 that she had sexual relations with Carter as payment for a debt. The debt, she said, had been incurred when Schmidt helped her get her driver license reinstated, according to the documents.

None of the judges in the Harbor Municipal Court were willing to discuss the investigation or the allegations against Carter or Schmidt.

The Commission on Judicial Performance has confirmed that it has investigated an Orange County municipal judge and ordered a hearing. Story, Part II, Page 1.