O.C. Judge Defends Court Behavior

An Orange County judge under investigation for allegedly badgering defendants and lecturing courtroom audiences about the dangers of drinking says her remarks do not reflect bias and were merely intended to encourage people to take “personal responsibility for themselves and their lives.”

In a strongly worded response to charges filed against her by the state Commission on Judicial Performance, Superior Court Judge Susanne S. Shaw said her courtroom behavior is not “undignified, demeaning, or discourteous,” as the commission has alleged.

The commission took the unusual step of investigating Shaw earlier this month after filing a 12-count complaint accusing her of violating several judicial ethics standards. If a three-judge panel finds her guilty later this year, Shaw could be removed from her post.

The accusations against the 52-year-old judge, who oversees the felony arraignment calendar at the Justice Center in Newport Beach, have sparked bitter debate in the legal community. Supporters describe her as a tough-talking jurist who is coarse at times but never unfair. Her critics, however, contend that Shaw often acts bizarrely and heaps abuse daily on courtroom participants.

The commission, after reviewing complaints from 1993 to 1997, alleged that Shaw made undignified and discourteous comments as well as intimidated and demeaned people in court--behavior that created the appearance of partiality.

In one allegation, the commission accused Shaw of frequently lecturing courtroom participants with the use of a shot glass and exhortations to “fly with the eagles rather than trot with the turkeys.”

Shaw, through her attorney, Laguna Beach-based Thomas M. Goethals, admits sprinkling her lectures with references to eagles and turkeys. But she said her remarks were never undignified and did not show bias.

“She did at times make general statements in which she encouraged those in attendance in her courtroom . . . to elevate their daily levels of performance,” reads the document prepared by Goethals.

In another charge, the commission accused Shaw of showing bias when she read aloud the penal code section for perjury as a drunk driving defendant on the witness stand prepared to answer a question. Shaw said she read the section because she believed the defendant was going to lie.

“She honestly and in good faith believed that a crime was being committed in her presence in her courtroom,” her attorney wrote in the court papers. “And she therefore felt compelled as a judicial officer to discourage or prevent the ongoing commission of the crime.”

Though Shaw directly addressed most of the charges, in some cases she said she could not recall certain facts. In a few cases, she said there was insufficient information to answer the charges.

A three-judge panel that will hear the case is expected to be appointed within six weeks. The hearing will be scheduled within six months after the panel convenes.