Countywide : Ex-Judge Sues Over Denial of Disability

An attorney for former Harbor Municipal Judge Brian R. Carter, who stepped down from the bench in an ethics scandal, said Wednesday that the state Commission on Judicial Performance improperly denied the judge disability benefits.

“They don’t like him. They want to punish him. It’s that simple,” said attorney Keith C. Monroe, who is representing Carter in his bid to win disability pay.

Arleigh M. Woods, a justice on the 2nd District Court of Appeal in Los Angeles and chairman of the Commission on Judicial Performance, responded that the commission “has no vendetta against any judge in California. It’s offensive to us to have such a thing suggested.”

In response to a lawsuit that Carter has filed, Superior Court Commissioner Ronald L. Bauer on Tuesday ordered the commission to conduct a hearing on the denial of disability pay, Monroe said. Deputy Atty. Gen. Henry G. Ullerich, who defended the commission in the case, said the panel had not yet decided whether to appeal.

Carter, 63, submitted statements from three doctors outlining a severe back condition that prevents him from sitting for long periods of time, Monroe said. The evidence fulfilled the requirement that a judge must meet to receive disability pay, Monroe said. In late March, the commission rejected his claim. Monroe said he suspects that the commissioners allowed other allegations against Carter to color their decision. A commission probe into allegations that Carter gave preferential treatment to a prostitute and to his friends was dropped when Carter resigned from the Newport Beach bench in February and promised not to seek judicial office again.

Cynthia Dorfman, associate counsel for the commission, said the nine-member panel unanimously denied Carter’s application, but she would not elaborate.

Ullerich said the commission acted reasonably in denying Carter disability pay because he stepped down in a negotiated deal that included the dropping of disciplinary proceedings against him. In court papers, Ullerich cited a provision of state law that creates a higher standard of proof for a judge who applies for disability after disciplinary proceedings have been instituted against him.

Carter’s doctors said in court papers that he has suffered back trouble since 1985. Carter said in a declaration that on Dec. 28, 1988, he suffered back spasms so severe he left the bench. About two weeks later, he announced his retirement.

If he is held to be disabled, his pension would be about 65% of his $82,000 annual salary, but if his claim is rejected, he would get about 15% of his salary, Monroe said.