Judge-Lawyer Relationship Causes Mistrial : Courts: After ruling in a civil suit, Superior Court Judge Greer recalls that the winning lawyer had done unpaid work for him.

Citing a previously undisclosed relationship with a lawyer, San Diego Superior Court Judge Michael I. Greer declared a mistrial last month in a case in which he had just ordered a $2-million award.

Greer took the highly unusual step of ordering a new trial because he had not disclosed that Peter Gamer, the lawyer for the winning side, had once given him more than $1,600 in legal services at no cost, according to court transcripts.

The ruling, prompted by a state probe of improper influence on the San Diego bench, means that a case that has been winding its way through the court system for 6 1/2 years is in line to go to trial for a second time, at a cost to taxpayers of thousands of dollars.

Court records make clear that the lawyers in the case, a complicated civil fraud suit, knew of the relationship, but believed Greer was free from bias. But, after reviewing his own financial disclosure forms, Greer said he had to order a mistrial because “the appearance of justice is the most important thing,” according to court transcripts.

Greer is among a number of San Diego judges under investigation by the state Commission on Judicial Performance, which is examining whether gifts from attorneys to judges influenced the outcome of any cases.

The commission has declined to comment on the probe, which was disclosed last month by local lawyers and judges, and it remains unclear when the investigation will conclude.

Greer was out of town Thursday and could not be reached for comment. Lawyers also could not be reached for comment.

Judges’ ethical rules require disqualification when a judge’s impartiality might be open to question, whether because of actual prejudice against one of the people in a lawsuit or a relationship--social or business--with one of the lawyers in the case.

In mid-April, Greer said, he took a look at the financial disclosure forms each judge must file annually, wanting to review the past several years because of the state probe. The review reminded him that he had listed $1,662 in legal services in 1984 from attorney Gamer, who had waived the fee.

According to the transcript of a hearing held April 20 in Greer’s chambers, the judge had been interested in subdividing property he owns in Poway and asked Gamer for legal help. Gamer spent a few hours looking into the project, but the lot never was subdivided.

The case Greer disqualified himself from was filed in August, 1985, on behalf of Michael Bessey, who owned a company that sold campground memberships. In 1984, Bessey sold the business to several associates, including Robert Wahler.

The case involved allegations that Wahler and his associates lied to Bessey, defrauding him after the sale of millions of dollars, according to court records. Gamer began representing Bessey in 1988.

The first two judges on the case died before it went to trial. In December, 1989, the case was assigned to Greer.

Gamer told the other lawyers in the case about his relationship with Greer, according to the transcript. The other attorneys said Greer was acceptable, the transcript indicates. Greer himself did not disclose his relationship with Gamer, however.

After a five-week trial without a jury, Greer ruled in favor of Bessey, ordering the $2-million verdict.

Greer called all the lawyers into his chambers April 20 and announced that the case would have to go to trial again because he had not disclosed his relationship with Gamer.

“When I saw that 1984 form, I became nauseous,” Greer said, according to the transcript.

He added moments later, “I know that the appearance of justice is as important or more important then justice itself, especially in these days when all of your institutions are under attack. Therefore, I am going to recuse myself.”

The case has been assigned to Judge Judith Haller. The new trial is set for the fall.