O.C. Deputy Defender Irate Over Criticism in Court File

An outraged deputy public defender demanded a Superior Court judge’s work notes Thursday after finding a three-page document in a court file that she said called her “a flaming liberal” and questioned her position on abortion.

Orange County Superior Court Judge Michael Brenner, who denied the request to make the memo public, said the personal remarks were part of legal notes prepared for him by an unnamed researcher. The notes were inadvertently included in a court file but have since been removed, officials said.

Presiding Orange County Superior Court Judge Donald E. Smallwood said the researcher responsible for the descriptions of Deputy Public Defender Allyn Jaffrey--which Smallwood acknowledged were “offensive”--has been admonished. Judge Brenner declined to comment Thursday.

Jaffrey, who told Brenner at a court hearing that she read the three-page memo while reviewing the court file March 12, said in an interview that the memo was “frightening” and leaves the impression that politics may play a role in judicial proceedings.

“I was shocked and angered,” said Jaffrey, who added that the memo contained research on legal theories and background prepared for Brenner. “It was clear, as I was reading it, that it was a personal attack on me with a hidden political agenda.”

She said the memo contained a reference to her as “a flaming liberal,” questioned her beliefs on the issue of abortion and appeared to outline legal guidelines on how Brenner could rule in favor of a fellow bench officer.

The document marks the latest chapter in a simmering dispute between the bench and the Orange County public defender’s office, which has accused Santa Ana Municipal Judge Claude E. Whitney of routinely denying defendants their constitutional rights, including the right to an attorney, during misdemeanor arraignments in his courtroom in late 1992.

The state Commission on Judicial Performance, a watchdog agency that has the power to remove judges for misconduct, has confirmed that it is investigating the complaint, and is reviewing the conduct of Whitney’s supervisor, Santa Ana Presiding Municipal Judge James M. Brooks, as well.

The disclosure of the memo Thursday came after Brenner upheld another judge’s contempt charge against a woman accused of disrupting court proceedings. In reaching his decision, Brenner said he did not consider the personal comments against Jaffrey, who represented the woman, Traci Lynn Pixler.

Municipal Judge Gregory H. Lewis sentenced Pixler, 25, of Garden Grove to three days in jail on Feb. 9 after she disregarded Lewis’ repeated orders not to talk to prisoners in custody.

According to court records, Pixler said she was trying to tell her boyfriend, who was in custody on a misdemeanor charge of drinking in public, that she had suffered a miscarriage.

Jaffrey successfully filed motions requesting Pixler’s release on Feb. 10, pending a hearing on the contempt issue. Jaffrey argued in part that Pixler was improperly jailed because she was never offered an attorney or allowed a due-process hearing to defend herself.

Jaffrey also said the judge did not show proper compassion for a woman who had just lost a child.

In documents submitted before the hearing, Deputy County Counsel Nicholas S. Chrisos, who represented Lewis in the matter, argued that the issue of the miscarriage was not relevant. Pixler was properly held in contempt because she blatantly violated a court order, he said.

Also disputed was whether Lewis knew the nature of the communication attempted by Pixler. In his statement to the court, Lewis said he asked Pixler to explain her actions, but she made no mention of the miscarriage.

Pixler apologized in a less than contrite manner, Lewis’ statement said.

The public defender’s office plans to appeal Thursday’s ruling against Pixler, who is in custody on an unrelated misdemeanor drug charge, officials said. Pixler could not be reached for comment.

Smallwood said he did not know the author of the notes. He said a staff of court researchers frequently assists judges by providing background on legal theories and cases. Smallwood said it would be inappropriate to include such personal comments in work papers.

“I don’t think it routinely happens and I don’t think it’s appropriate,” Smallwood said. “I do know the individual has been properly admonished.”

Officials in the public defender’s office said they were concerned that legal researchers feel free to speculate about an attorney’s politics and make remarks about attorneys when drawing up documents for judges.

“It worries me that some law clerk would be doing something like this in a case. This kind of thing has no place in a courtroom,” said supervising Deputy Public Defender Thomas Havlena. “Whoever wrote that doesn’t have a clue about ethics. If I were the judge, I’d like to know why such trash was being admitted under the guise of legal research.”

Jaffrey said she did not copy the memo when she first discovered it March 12 because she wanted to wait until the hearing on Pixler’s contempt citation.

“It’s like an old boy’s network--whoever wrote that apparently knew it would be OK to do so,” said Jaffrey, who added that she believes Brenner has been fair to her in previous cases. “It’s scary to think that a practice exists where documents that trash attorneys are used to try to influence judges.”

Jaffrey said she was also disturbed by what she called an “obnoxious” comment regarding the abortion issue. The memo linked Jaffrey’s purported stance on abortion to Pixler’s miscarriage, making light of Jaffrey’s concern for Pixler having lost her baby, Jaffrey said.

In court documents, Jaffrey said she believed the judge should have shown more compassion to Pixler because of the miscarriage.

Jaffrey said the person who wrote the memo apparently assumed Jaffrey must be a supporter of abortion rights because of her alleged left-wing leanings.

“The person wrote something like ‘Why doesn’t someone ask her opinion on the abortion issue?’ ” Jaffrey said.