Judge’s Libel Suit Against Register Dropped by His Estate

A libel suit against the Orange County Register has been dismissed at the request of the estate of a deceased Orange County judge who brought the action.

Attorneys for Municipal Judge Calvin Schmidt, who died in 1991, asked that the suit be dismissed because the judge’s estate lacked funds to pursue the case. The dismissal was granted on April 29, according to court records.

The suit was prompted by a series of articles in 1988 and 1989 linking several judges at Municipal Court in Newport Beach to a sex-and-influence scandal involving prostitutes and campaign contributions.

The state Commission on Judicial Performance, a watchdog agency, rebuked Schmidt for giving special treatment to the stepdaughter of a wealthy friend and for making improper campaign contributions. However, he was cleared of allegations that he did legal favors for a prostitute.

Schmidt claimed he was libeled and, through his attorney, demanded a clarification of an article published March 10, 1989. No correction was printed, and Schmidt sued Freedom Newspapers Inc., the Register’s parent company, for $200,000 plus punitive damages.

For the next 3 1/2 years, the case worked its way through the state court system. On April 19, 1990, a Superior Court judge refused to dismiss the suit, but on Oct. 1, 1990, a state appellate court sharply limited the amount of money Schmidt could collect if he won the libel suit.

The California Supreme Court then agreed to review the case, and on Dec. 31, 1992, that court reversed the appellate decision, ruling that Schmidt’s estate could seek full damages and returning the case to Orange County Superior Court.

Attorneys for the Schmidt estate and Freedom Newspapers could not be reached for comment.