Pair With Ties to Judge Had Court Dismiss 20 Infractions

The former client of a Harbor Municipal Court judge and the former client’s girlfriend have had 20 traffic tickets and Vehicle Code violations dismissed by judges of that court since 1983, records show.

Despite more than 25 infractions each, Jeffrey John Harbison and his girlfriend, Susan Marsha Edwards, have both continued to drive, court records show. No judge in Harbor Municipal Court has made them spend time in jail for a traffic offense.

Harbison is a former client and former golfing partner of Municipal Judge Brian R. Carter, who is being investigated by the state Commission on Judicial Performance. Sources have said that both Carter and Harbor Municipal Judge Calvin P. Schmidt, 59, are the subjects of commission inquiries into possible misconduct.

One aspect of this misconduct is believed to be whether they have given favorable treatment to defendants in their courtrooms, including Harbison and Edwards, both of whom Carter knew.

Panel’s Unusual Step

The commission, which conducts its investigations in secret, took the unusual step last month of announcing that it was investigating Carter and had ordered a formal hearing into allegations against him. Sources have said other allegations against Carter and Schmidt include reports that they gave lenient treatment in court to prostitutes in return for sexual favors.

In addition, The Times reported last month that the commission is believed to be looking into reports that two other Harbor Municipal Court judges, Selim S. Franklin and Russell A. Bostrom, attempted last year to pressure Newport Beach officials into calling off a police investigation into Carter and Schmidt, the principal targets of the commission probe. No charges resulted from the investigation by Newport Beach police.

The Times also reported last month that Carter intervened to dismiss some of Edwards’ tickets in 1985, but the extent to which tickets against both her and Harbison have been dismissed in Harbor Municipal Court has not been previously disclosed.

Court records show that Harbison, 36, has been cited for 27 Vehicle Code violations and failures to appear in court in the past 6 years. Edwards has been cited for 28 Vehicle Code violations in the past 5 years and has had her license suspended six times.

A spokesman for the state Department of Motor Vehicles in Sacramento expressed surprise that motorists with records like Edwards’ and Harbison’s would still be allowed to drive.

“The person may be driving, but from what you’re describing the license should be revoked,” said Bill Gengler, a DMV spokesman.

Carter’s Client

Harbison, of Newport Beach, was a client in Carter’s former private law practice in 1979 and 1980, the judge has acknowledged. Harbison and the judge have said they socialized, playing golf together.

Harbison on Thursday also said that Edwards knew Carter well.

“We were at a party and she kissed him on the cheek goodby; one of the other judges saw it and went running to someone that she and Carter were intimate, which is a bunch of bull,” Harbison said.

Carter, 62, declined any comment Friday but maintained earlier this week that he has not provided any preferential treatment for either Harbison or Edwards since he was appointed to the bench in 1982.

The Times reported Friday that Carter intervened personally, calling another judge after regular court hours, to get Harbison out of Newport Beach Jail after being arrested on Easter Sunday last year.

In that instance, sources said, Harbison called Carter at his home from jail early on the morning of April 19, 1987, after he had been arrested by Newport Beach police on suspicion of possession of cocaine for sale, possession of cocaine, having a concealed weapon in his automobile, reckless driving and carrying a switch-blade.

Court records show that Harbison eventually was released from Newport Beach Jail on an order issued by Carter. Harbison was released without posting bail. He is currently awaiting trial Dec. 2.

Carter said he personally handled three traffic cases against Edwards in 1985 that had not originated in his court. Carter’s bailiff removed Edwards’ cases from the chambers of Municipal Judge Susanne S. Shaw so they could be handled in Carter’s courtroom, Carter has acknowledged. Carter then dismissed eight of the nine counts in the three cases, fined Edwards $35 and ordered her to go to traffic school, court records show.

Court files and driving records show that 14 of Edwards’ and six of Harbison’s traffic citations were dismissed in Harbor Municipal Court. These have ranged from failure to stop when involved in an accident causing property damage to speeding and driving with a suspended driver license.

Edwards, 27, who is also known as Susan Hiss, has had misdemeanor charges and citations dismissed in Harbor Court since 1983, court records show.

Edwards’ Harbor Court record begins Feb. 15, 1983, when she was ordered released on her own recognizance after being arrested by Newport Beach police on suspicion of possession of a controlled substance and possession of marijuana. Later that year, Franklin dismissed both misdemeanor charges.

Traffic Citations

On March 23, 1984, Edwards was cited by Newport Beach police for failure to yield to a pedestrian in a crosswalk, forcing the pedestrian to stop to keep from being hit, and for not having working brake lights. She was fined $35 for those infractions by Harbor Municipal Court Judge Glenn A. Mahler.

On Feb. 10, 1985, Edwards’ license was suspended for failure to appear in court on a previous citation.

On Sept. 27, 1985, Carter took these traffic cases against Edwards off Judge Shaw’s desk:

- A March 14, 1984, citation against Edwards by Newport Beach police for unsafe speed on wet streets and for not having a rear-view mirror. A third infraction was later added, but court records did not specify what it was. A warrant was issued for her arrest when she failed to appear in court on the citations. Bail was set at $200.

- An Oct. 12, 1984, citation for driving 55 m.p.h. in a 35-m.p.h. zone in Newport Beach. Edwards was also cited for not having a driver license in her possession, driving with an expired license and unsafe speed. An arrest warrant was issued Dec. 13, 1984, after she failed to appear in court on the tickets. Bail was set at $259.

- An Aug. 23, 1985, citation by the Orange County Sheriff’s Department for not having a driver license in her possession and for driving an unregistered vehicle.

Carter dismissed all but one of these nine traffic offenses, fining Edwards $35 for unsafe speed and sending her to traffic school. Court documents show that Carter dismissed all the tickets “in the interest of justice.”

Asked about these cases during a 1986 interview, Carter confirmed that they had been transferred from Shaw’s chambers but said it had been appropriate for him to intervene, given his knowledge of the woman’s traffic problems and her decision not to contest the charges.

“I did nothing that in my mind isn’t done, or hasn’t been done, as a routine matter by the judges of any Municipal Court around here,” Carter said.

On April 7, 1986, Edwards was involved in a traffic accident in Huntington Beach. Police cited her for failure to yield, causing the accident. As a result of that accident, her license was again ordered suspended effective May 30, 1986.

On July 9--less than 6 weeks later--Edwards was stopped by Newport Beach police and cited for driving with a suspended license, driving without a license and doing 52 m.p.h. in a 35 m.p.h.-zone.

The misdemeanor charge of driving on a suspended license was dismissed in Harbor Court on July 21, 1986, but court records do not indicate which judge ordered the dismissal. After Edwards failed to appear for an Aug. 13, 1986, arraignment on the other citations, Municipal Judge Frances Munoz issued an arrest warrant and set bail at $500.

Edwards Released

But the next day, Judge Schmidt ordered Edwards released on her own recognizance and, on his own motion, postponed her arraignment until Sept. 22, 1986. On that date, Edwards appeared in court without an attorney and was fined $171 by Munoz. She was given until Nov. 21 to pay.

After failing to pay the fine by the deadline, Mahler found her in contempt of court on Jan. 29, 1987, and fined her $271. But in lieu of the fine and contempt of court, Mahler allowed Edwards to perform 37 hours of community service. The service was completed by the end of March, 1987.

On April 1, 1987, Edwards (who by this time was signing the name Susan Hiss to her traffic citations) was classified by the DMV as a negligent operator and, as such, had her license suspended for 6 months. Since then, she has been under suspension almost continuously for such infractions as violating terms of her probation and not having proof of insurance.

On Sept. 9, 1988, Edwards was ticketed by Newport Beach police for driving on a suspended license and driving with bald tires and malfunctioning taillights on her 1965 Dodge Dart, the vehicle she has driven since her first tickets in 1984. Last Monday, Munoz sentenced Edwards to 75 hours of community service in lieu of paying a $702 fine.

Under terms of her current suspension, Edwards is allowed to drive only in the course of employment. A DMV clerk said Edwards’ license will remain suspended until she furnishes proof of insurance. As of last week, she had not.

Could Not Be Reached

Edwards could not be reached for comment. The home telephone number she gave court officials Monday was not in service. The address she gave is a mail drop in Newport Beach. An address she previously gave in Costa Mesa does not exist.

Harbison, according to records obtained by The Times, has been cited 27 times for either Vehicle Code violations or failure to appear in court in the past 7 years.

In one of those cases, according to court records, Harbison was stopped Feb. 15, 1983, by Newport Beach police for speeding. It was discovered after the stop that he was driving while his license was suspended or revoked for earlier violations. He was charged with speeding and driving while his license was suspended or revoked.

According to court records, Harbison signed the citation and agreed to appear March 18. He failed to appear and Harbor Municipal Court Judge Stephen C. Stewart ordered a warrant for Harbison’s arrest with bail set at $800. The warrant was kept active until March 28, when Harbison’s arraignment was continued in Carter’s courtroom. Carter again ordered the warrant kept active until April 4.

On April 4, 1983, nearly 2 months after the original arrest and after missing two court appearances, Harbison appeared and entered a plea of not guilty to the two traffic violations. Municipal Judge Christopher W. Strople released Harbison on his own recognizance.

Represented Himself

Seven days later, on April 11, Harbison represented himself at a pretrial conference, waived his right to a speedy trial, and Judge Munoz continued the trial for another week.

In his next appearance, on April 18, the complaint against Harbison was amended at the request of the district attorney’s office to include a lesser charge of driving a vehicle without a license. He then faced charges of speeding, driving when his license was revoked or suspended, and driving without a license.

Before Judge Munoz, he pleaded guilty to the third charge. The more serious violations of speeding and driving with a suspended or revoked driver license were dropped. He was fined $301 and given until July 11 to pay the fine. He was put on 2 years’ probation.

On the same day, according to court records, a handwritten entry vacated the date when Harbison was supposed to appear to pay his fine and produce a California driver license.

On Aug. 2, 1983, Harbison appeared before Carter for failure to pay the $301 fine. Carter found no violation for failure to pay but ordered Harbison to pay the fine “forthwith.” He paid it the next day.

Just over a month later, Harbison was back in court for violation of probation. He was ticketed in August for reckless driving and driving while his license was revoked or dismissed. Judge Bostrom released him on his own recognizance.

Harbison or his lawyers Alicemarie Stotler or James A. Stotler made nine court appearances in the next 6 months on the probation violation charge.

On March 13, 1984, Bostrom ordered Harbison to serve 90 days in jail but stayed the sentence pending no further violations.

Bostrom fined Harbison $225.

Harbison could not be reached for comment Friday.