Zero Tolerance for Betrayal of Trust : Judge metes out one-year prison term to colleague on the bench in sexual abuse case

We want to commend the resolve of Los Angeles’ Superior Court Judge Darlene Schempp. She recently faced a most difficult task: sentencing someone who had also been a judge at one time.

Former workers’ compensation judge Stanley Samuel Feinstein had been charged with felony sexual battery and false imprisonment for allegedly shoving a female attorney against the door of his office and fondling her. A conviction on the battery charge could have resulted in four years imprisonment, but those who preceded Schempp had established a clear path.

A Municipal Court judge ruled that Feinstein should be tried on misdemeanor charges of unlawful touching and false imprisonment. Another Superior Court judge denied a prosecutor’s bid to have the more serious felony charges reinstated. That set a certain tone.

Even after Feinstein was convicted last month on the felony sexual-battery charge, it was widely suspected that there would be no jail time. The victim certainly never suspected it. Even the victorious prosecutor, Deputy Dist. Atty. Bill Seki, admits that he asked for only a six-month sentence because he didn’t think he could get anything longer. Press him on the matter and he’ll probably admit that he didn’t expect to get even six months.

But we argued that a message was needed. Judges, no matter the venue, possess awesome powers in the American system of litigation. A judge’s authority commands trust and respect. We noted that a serious punishment is appropriate when a judge abuses this trust.

Judge Schempp used some of the same words in deciding to sentence Feinstein to, among other things, one year in jail, twice what the prosecutor asked for.

We find it appropriate because Feinstein was fired by state officials for refusing to cooperate with an internal investigation into the incident. We find it suitable because a jury needed only a day of deliberations to find Feinstein guilty. We think it’s sensible because the 2nd District Court of Appeal disagreed with the other lower court judges and reinstated the felony charges against Feinstein. We think it’s reasonable because one-fourth of the possible maximum sentence hardly amounts to overkill.

“He was in a position of trust and he abused that position,” Schempp said. The outcome could be changed upon appeal. At this point, however, we commend her for the message she has sent.