O.C. Judge’s Misconduct Probe Begins

A parade of witnesses testified Monday against Orange County Superior Court Judge Susanne Shaw in the opening day of her misconduct probe, many of them charging that she verbally abused defendants and others during open court proceedings.

The California Commission on Judicial Performance earlier this year filed a 12-count complaint accusing Shaw of violating several judicial ethics standards, such as making comments in court that were “intimidating, demeaning, undignified and discourteous” and that showed bias toward particular individuals. The complaints date from 1993 to 1997.

Shaw, 53, has categorically denied all the allegations. A handful of supporters showed up Monday in court, and many of them are expected to testify in her defense as early as today.

“She’s a very compassionate judge. She tries to make a difference in people’s lives,” attorney Fred C. Ascari, a former clerk of Shaw’s, said outside the courtroom. “It think her comments were taken out of context.”

Among those testifying Monday was Deputy Dist. Atty. Susan Laird, who said Shaw criticized her in 1993 when the prosecutor declined to accept a guilty plea to reduced charges against a DUI defendant.

The defendant, a Marine pilot, had never been charged with drunk driving before and Shaw argued that a DUI conviction mark on his record would have jeopardized his future career. Shaw and the defense attorney pleaded with Laird, but she stuck to her department’s guidelines for first-time offenders, which called for a fine and three years’ probation.

Shaw “said I would live to regret my decision, that I lacked kindness,” Laird testified.

Laird said Shaw then made comments about Laird’s own alleged drinking habits and that of her fiance at the time, fellow Orange County prosecutor James Laird.

Laird testified Shaw implied the prosecutor was a “hypocrite” for essentially going after “behavior that I and my fiance engaged [in] on weekends.”

The pilot chose to go to trial and was convicted of drunk driving, but Shaw later granted him another trial based on new evidence in the case. Laird then agreed to a plea bargain. The man pleaded guilty to reckless driving instead, thus avoiding a DUI conviction on his record.

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Shaw’s attorney, Thomas M. Goethals, is expected to introduce defense witnesses, and the hearing will be completed this week, attorneys on both sides said.

After that, the panel of appellate court justices will file a report to the commission, which will decide Shaw’s fate. If Shaw is found guilty on the counts, the penalty could range from a simple reprimand to removal from the post. A final decision is not expected for several months.

Meanwhile, Shaw continues to oversee the felony arraignment calendar at Harbor Court in Newport Beach.

The accusations against Shaw have sparked a rancorous debate in Orange County’s legal community. Supporters describe her as a tough-talking yet compassionate jurist who has always been fair. Her critics, however, contend that Shaw’s behavior intimidates those who set foot in her court.

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Shaw is the third Orange County judge in two years to have formal public inquiries into his or her conduct by the state commission. Last year, the agency censured and barred former Superior Court Judge James Randal Ross for telling raunchy jokes during trial and using his court to sell books about his great-grandfather, the legendary Western outlaw Jesse James.

A formal proceeding is also scheduled for January in the case of former Superior Court Judge Luis Cardenas over allegations that he released suspects and altered sentences at the request of a defense attorney who was a close friend.