Judge Should Step Down, Some Say

In sharp contrast to the support voiced by the Ventura County legal community for Judge Robert Bradley, some observers from outside the area say he should step down at least temporarily.

Bradley, a Superior Court judge, was arrested on suspicion of drunk driving twice in less than a month’s time.

The Ventura County Superior Court jurist’s failure to take a leave of absence raises questions about the cases he is handling and reflects poorly on the legal system, said Professor Ira Shafirofs, a law professor who teaches ethics at Southwestern College of Law in Los Angeles.

“Judges are required to avoid any appearance of impropriety and one has to wonder if two arrests are sufficient to put the public trust in doubt,” he said.

“You would think he would not want to handle any cases at this time so that the public can continue to have faith in the judiciary . . . . If there’s doubts as to their sobriety, then there’s doubts as to the whole system. They are held to a higher standard and they should be.”

The Ventura County Superior Court judge has continued to direct settlement conferences in civil cases since his second arrest last weekend. Bradley has not yet been charged with a crime.

But Newhall attorney Gary L. Zerman said doubts would be raised about the professionalism of any lawyer who represented a client in front of Bradley under these circumstances.

“I think almost any attorney could possibly be guilty of malpractice by allowing this judge to hear their case right now,” he said. “This man should not be a judge. You wouldn’t let a dogcatcher stay on the job in a situation like this.”

Indeed, Jay Van Rein, spokesman for the state Department of Consumer Affairs, said that a doctor, dentist, nurse, counselor or other health-care professional could well be suspended from practicing medicine and forced into a substance-abuse program for simply being accused of drunk driving.

“The closer the offense is to the job these people are doing, the stiffer the punishment is going to be,” he said. “The tolerance [of substance abuse] is definitely not rising, it’s dropping.”

Friends have said Bradley has struggled with a drinking problem for more than a decade. That became public last month when the 13-year Superior Court judge announced he had been arrested on suspicion of drunk driving near his Ojai home and was stepping down from the trial of suspected wife-killer Michael Dally, one of the county’s most sensational legal cases ever. After entering a treatment facility, Bradley was arrested again Saturday on suspicion of drunk driving.

Bradley has remained on the bench, although the state Commission on Judicial Ethics has the power to remove him for habitual alcohol use.

Bradley has said his “personal difficulties” have never affected his work performance, but at least one local attorney has charged that Bradley’s alcoholism may have affected his conduct and judgment in court. Shafirofs has similar concerns about decisions made by a judge who may not be completely sober.

“Not only can they be suspect if he is convicted of driving under the influence, I suspect there may be grounds for appealing these decisions,” he said. “Appeals have been taken on a lot weaker grounds than that.”

Whether an alcoholic can continue to work while in the throes of recovery depends largely on the person and the severity of the problems.

“There are many people that do [continue to work] and are successful,” said Cindy Marks, a psychologist at Ventura’s Vista del Mar recovery center.

Like many private employers, personnel officials in county government often funnel employees accused of alcohol abuse into counseling programs to evaluate the extent of the problem, said Barbara Journet, county director of personnel.

Her office has no authority over Bradley and other elected officials, she said.

In recent years, county officials have increasingly used so-called “last-chance agreements” where employees sign statements promising to seek treatment and remain sober, Journet said. An employee who violates the agreement loses his or her job.

Bradley reportedly entered a treatment facility after his first arrest on Dec. 6.

Times staff writer Daryl Kelley contributed to this story.