One of 2 Judges Linked to Court Probe to Resign

Orange County Municipal Judge Brian R. Carter, who faces formal hearings by the state Commission on Judicial Review on allegations that he improperly used his seat on the bench to help friends and gain favors with prostitutes, will resign next month, it was learned Monday.

Carter’s intention to resign was announced by Harbor Judicial District Municipal Judge Russell A. Bostrom, who until two weeks ago was the presiding judge of the Newport Beach-based court.

The judicial commission in October announced that it would hold formal hearings on both Carter and a close colleague on the Harbor bench, Calvin P. Schmidt, who has been under investigation for similar accusations.

If Carter does resign, the matter of a hearing would be a moot point.

Carter, 62, was first investigated by the Newport Beach Police Department and the Orange County district attorney’s office in 1984, when he was overheard on a tape-recorded conversation arranging a rendezvous for “love and friendship” with a prostitute who was seeking his help after an arrest.

In another taped conversation, when a former client and golfing partner sought Carter’s help in getting him out of jail, the judge agreed to help the man, but was heard to say that what he was doing was “highly unethical.”

Bostrom said Carter did not give a reason for his resignation, which Carter said would be effective Feb. 19.

Carter’s wife Monday night said the judge was asleep and could not come to the phone. She had no comment on questions about her husband’s resignation.

Carter’s attorney, Byron K. McMillan, also declined to comment.

Rumors had been heard throughout Orange County courts Friday that Carter’s resignation was imminent. But that afternoon, Carter vehemently denied he had any plans to resign.

Carter has denied any wrongdoing.

In 1984, the district attorney’s office began looking into Carter’s activities after a prostitute, Della Christine Johnson, told Fullerton police after she was arrested by them that she knew Carter.

In statements presented in court papers, Johnson claimed that she had been told that Schmidt would fix a traffic ticket for her in exchange for sex, and that she agreed. But when it came time for the payoff to the judge, she said, Carter called her and said he was going to collect on behalf of Schmidt.

Schmidt has refused to make any comment about these allegations.

The district attorney’s office then made arrangements for Johnson to call Carter and tell him about her arrest. After seeking his help, Carter asked her:

“You got some . . . you got some time to spend with me?”

Johnson: “Oh, sure.”

Carter said a few minutes later: “OK. Well, tomorrow is what? Tomorrow is love and friendship, huh?”

Johnson: “Yeah.”

Investigators found Carter near Johnson’s apartment the next day, but by then the prostitute had decided not to cooperate further with police.

No date has been announced for the judicial commission hearing.