Judge’s Actions Are Not Above the Law : Felony sexual assault conviction shows awareness of crime is needed even in halls of justice

A judge holds the most important position in the American system of litigation. He or she is on neither side of the case in question. It is the job of the judge to see that the rule of law is followed to the letter, whether the case is of national significance or simply a routine matter that commands little attention. It is often the judge that must rule on guilt or innocence, on matters of right and wrong. The judge has awesome powers in relation to other participants in the system, and rightly commands commensurate trust and respect.

When a judge abuses trust, a serious punishment is appropriate. The position demands a higher standard.

Stanley Samuel Feinstein was a workers’ compensation judge working out of the State Office Building of the Van Nuys Government Center when he was accused of sexually molesting a 41-year-old female attorney in his office. The incident occurred on March 28, 1994.

The woman, who was practicing workers’ compensation law, said that she was about to leave the judge’s office when he told her to close the door. He was charged with felony counts of sexual battery and false imprisonment for allegedly shoving the attorney up against the door and fondling her. Despite the objections of prosecutors, Municipal Court Judge Mary E. Waters ordered Feinstein to stand trial on misdemeanor charges of unlawful touching and false imprisonment.

Superior Court Judge Lance A. Ito later denied a prosecutor’s bid to have the felony charges against Feinstein reinstated. But the 2nd District Court of Appeals disagreed and reinstated the more serious charges.

Feinstein was later fired by state officials who said that he had refused to cooperate with an internal investigation into the incident. A Superior Court jury needed only a day of deliberations. On April 28, they returned a guilty verdict on the felony sexual assault charge. It means that Feinstein now faces a maximum of four years in prison instead of the two years he might serve had he been convicted of a misdemeanor.

For her part, the victim says that she does not want the 62-year-old Feinstein to serve prison time. “He should be required to get psychological assistance,” she told a reporter. That’s extremely generous of her.

But the fact that a judge can be convicted in a court of law of such an incident means that sexual assault can happen just about anywhere, at any time. In such cases, there certainly ought to be some self-policing mechanism at work among other judges and lawyers who may have learned of such incidents before they escalate. If there seems to be a pattern of such behavior, they ought to be prepared to take appropriate action. The last thing to think is “He’s a judge. . .he couldn’t have.”