Judge Shaw Cleared by Commission’s Inquiry

Municipal Judge Susanne Shaw was cleared of any wrongdoing or misconduct Thursday by the California Commission on Judicial Performance, which has been investigating several judges in Harbor Municipal Court.

In a two paragraph statement, the San Francisco-based commission, which investigates allegations of misconduct against state judges, said its investigation of allegations leveled against Shaw is over and there is no need for further action.

“Recent publicity concerning the Harbor Judicial District of the Orange County Municipal Court contained allegations about Judge Susanne Shaw and listed her among the judges under investigation by the Commission on Judicial Performance.

“The commission’s investigation of those allegations concerning Judge Shaw has been completed. After consideration, the commission has determined not to proceed further and the matter is now closed,” the statement said.

The Shaw matter was an outgrowth of a broad inquiry into allegations that Municipal Judges Brian R. Carter, 63, and Calvin P. Schmidt, 59, had given preferential treatment to friends and courtroom favors to prostitutes in exchange for sex. The commission dropped its case against Carter when he retired from the bench in January.

A commission hearing on allegations against Schmidt is scheduled for August in the Harbor Municipal Court building. It is unclear whether the hearing will be held in public or behind closed doors. Schmidt’s lawyers have gone to court and won a temporary restraining order to keep the proceedings closed, despite a recently passed state law intended to open commission hearings.

The Times learned last year that Shaw had been a chief accuser of other judges at Harbor Court and that they had retaliated by complaining to the commission that she had improperly endorsed a political candidate and had made remarks from the bench that allegedly offended Latino defendants.

The commission’s chief lawyer and director, Jack E. Frankel, said confidentiality laws prevent his discussing specifics of the allegations and complaints against Shaw. He also declined to confirm whether two other Harbor Municipal Court judges, Russell A. Bostrom and Selim S. Franklin, were being investigated regarding allegations that they tried to pressure Newport Beach officials into ending a police inquiry into Carter and Schmidt.

“I am very happy that the commission made the announcement,” Shaw said. “I think that’s all I can say now. The rest is confidential.”

Shaw was elected a Municipal Court judge in 1984 after spending 12 years in the Orange County district attorney’s office. She was named to head the county’s first rape task force and was selected Judge of the Year by the Orange County Narcotic Officers in 1985.