Misconduct Charges Filed Against Judge : Courts: Orange County municipal jurist allegedly denied poor defendants their rights. His attorney says he is a tough sentencer but has done nothing wrong.

State judicial authorities filed misconduct charges Tuesday against Orange County Municipal Judge Claude E. Whitney, who has been accused of denying hundreds of poor defendants their constitutional rights, including access to defense attorneys.

After nearly 1 1/2 years of investigation, the Commission on Judicial Performance initiated formal disciplinary proceedings to determine whether Whitney violated the Judicial Code of Conduct while serving in one of the county’s busiest arraignment courts during 1992.

The commission, which operates largely in secret, declined to release specifics about the case. But Whitney’s lawyer, Ronald G. Brower, said the judge is facing three charges related to improper sentencing, mistreatment of defense counsel and failures to advise defendants of their constitutional rights.

“My client welcomes the hearing,” Brower said. “It is our position that he did nothing wrong. It’s interesting to note that, by and large, the complaints have come from people who represent those sentenced by him, and he is known as one of the most severe sentencers in the courthouse.”

Whitney, 63, who was appointed to Central Municipal Court in 1989 by Gov. George Deukmejian, could not be reached for omment. He is running for reelection against Anaheim defense attorney Dennis P. O’Connell, who has ade the lengthy investigation into Whitney’s alleged actions on the bench the cornerstone of his campaign.

Victoria B. Henley, the commission’s director and chief counsel, said the decision to initiate formal disciplinary proceedings against a judge is uncommon and is reserved for cases that could result in public censure or removal from the bench--the most serious types of professional punishment faced by judges.

During the proceedings, both sides will get to present evidence and question witnesses before a panel of judges appointed by the state Supreme Court. A report of the panel’s findings will be sent to the judicial performance commission, which decides whether discipline is justified.

The commission, which monitors the state judiciary and investigates allegations of wrongdoing, is made up of five judges, two lawyers and two members of the public.

The agency’s annual report indicates that out of the more than 900 complaints it receives annually, no more than 10 cases are ever taken to the formal hearing stage. Hearings for Whitney have not been scheduled yet.

The judge has been under investigation since January, 1993, when the Orange County public defender’s office lodged a 325-page complaint against him, the first the office had filed against a judge in almost 30 years.

It alleged that Whitney sought to maintain a high rate of convictions by routinely denying constitutional rights to misdemeanor defendants who were too poor to make bail or afford attorneys.

The complaint states that Whitney effectively punished defendants who asked for an attorney by sending them back to jail for seven to 10 days, saying it would take that long to find lawyers to represent them. Whitney also was accused of kicking defense lawyers out of his courtroom when they asked if they could talk to defendants, as well as handing down illegal sentences and denying defendants bail hearings.

After the complaint was filed, the Orange County Bar Assn., which has 5,000 members, issued an unprecedented resolution saying “there was systematic denial of due process” for many defendants appearing before Whitney.

Also, the presiding judge of Central Municipal Court signed a formal agreement with the Orange County public defender’s office to ensure that the law would be followed during arraignments.