Ex-Judge Thomas Loses Bid for Disability Pension

Former Los Angeles Municipal Judge Maxine F. Thomas has lost her bid to receive a disability pension that would have given her 65% of a judge’s salary for life, the state Commission on Judicial Performance has announced.

The commission took this relatively rare action because Thomas’ application “did not fulfill the statutory requirements” for a disability pension, according to a statement.

Jack E. Frankel, the commission’s director and chief counsel, declined to elaborate Wednesday, citing the confidentiality of medical records submitted to the agency.

Thomas, 41, was ousted as presiding judge of the Municipal Court by her colleagues two years ago in an unprecedented recall election. She left the bench last November amid rumors of drug abuse, which her attorney, Johnnie L. Cochran Jr., denied.

Cochran said Wednesday that the commission’s decision was “totally unfair.” He said Thomas’ doctors and a doctor who examined her on behalf of the commission determined that she is “permanently disabled” as a result of an emotional collapse brought on by personal and professional problems.

“For them to rule she is not (permanently disabled) flies in the face of all the evidence,” he said, adding that Thomas “is crushed by this decision.”

Cochran said he plans to appeal the finding.

Thomas is the second Los Angeles municipal judge this year to have a disability claim rejected. Judge David M. Kennick lost his application for a disability pension last January--the same month that the commission recommended to the state Supreme Court that he be removed from office for, among other things, suggesting to a police officer that he could “lose the paper work” on the judge’s arrest on drunk-driving charges.

Under state law, a judge is considered disabled if he can no longer “discharge efficiently the duties of his office by reason of mental or physical disability that is--or is likely to become--permanent.”

Because of the broad statutory definition, it is rare for a request to be denied. Since 1967, 137 such pensions have been granted. Only 21 judges have had their applications rejected, but five of them were able to get the courts to overturn the commission.

Had the request been granted, Thomas, who did not seek reelection this year, would have been eligible for a pension of $50,315, and would have received 65% of all future salary increases for municipal judges, according to Susan Myers, manager of the state Judges Retirement System.

Six judges in the state have pending disability claims.