Shaw Defends Herself on Stand

Judge Susanne Shaw took the witness stand Wednesday in her defense against misconduct charges, denying most allegations and saying that investigators twisted her statements to make her appear unethical.

In forceful and at times defiant testimony, the Orange County Superior Court jurist described herself as a compassionate person who strives to inspire defendants to overcome hardships and addictions. Her courtroom behavior is direct and open, she said, but does not cross the line.

“I’m a very caring person,” she said. “I care about what happens when defendants go out these double doors.”

Earlier this year the California Commission on Judicial Performance filed a 12-count complaint accusing Shaw of violating several judicial ethical standards from 1993 to 1997. The commission alleges that Shaw made undignified and discourteous comments as well as intimidated and demeaned participants with courtroom behavior that created the appearance of partiality.

Calling most of the allegations groundless, Shaw said they were based largely on the lies, misinterpretations and inaccurate recollections of her accusers, who include prosecutors and defendants.

Addressing a panel of three appellate justices at the Central Justice Center in Santa Ana, Shaw testified that a prosecutor, for instance, incorrectly concluded that Shaw had suggested that a fellow judge was a problem drinker. She also said the mother of a drunk-driving defendant lied when she said that Shaw made an insensitive comment at her daughter’s arraignment.

Addressing what she considered the most offensive allegation, Shaw said she never told a young drunk-driving defendant that he would be subject to unwanted sexual advances if incarcerated.

The defendant, Jim McMillan, on Monday testified that Shaw said to him: “You know what they do to little white boys in jail.”

Shaw called the allegation disgusting and said she “never, never, never” would make such a comment. “Not once would I ever do that. That’s why I’m here. Those allegations have just killed me,” she said.

Shaw did not deny all the allegations. She admitted that she erred by reading the penal code section for perjury as a witness for a drunk-driving defendant prepared to answer a question on the witness stand.

“I made a mistake,” she said. “I really own up to that mistake. I had a right to do it, but away from the jury.” Shaw admitted to other behavior contained in the charges but said none of it constituted misconduct. She said she used a shot glass and a place mat with a picture of an eagle on it as props to help illustrate her exhortations to defendants to take responsibility for their lives.

She also admitted singing in court on occasion to bring levity to sometimes lengthy proceedings.

If Shaw is found guilty, the penalty could range from a reprimand to removal from the bench.

Times staff writer Daniel Yi contributed to this report.