Judge Under Review May Have Tainted 1997 Case

Superior Court Judge Susanne Shaw, currently under state investigation for alleged judicial misconduct, presided over a 1997 drug case that was dismissed after another judge ruled that she persuaded a defense witness not to testify.

The incident, uncovered this week in court documents, is not related to the 12 charges against Shaw that a state commission is now investigating. In most of those allegations, lawyers and others accused the 53-year-old judge of verbally abusing defendants, especially those accused of drunk driving and drug use.

But some experts said the 1997 Irvine case could be more serious because of its ramifications.

Shaw’s actions during a pretrial hearing violated the rights of the defendant, Judge Everett Dickey ruled, so tainting the proceedings that charges against him had to be dismissed. According to court records, prosecutors concurred with Dickey’s decision, saying they were also troubled by Shaw’s actions.

At issue is a conversation Shaw had with the witness and his attorney in her chambers. According to a transcript, Shaw repeatedly told the witness he could open himself up to criminal charges if he testified because the defendant allegedly committed the crimes at his house.

Dickey concluded that Shaw was “actively lobbying” the witness not to take the stand. “There was a serious problem here,” Dickey concluded.

Shaw’s attorney, Thomas M. Goethals, declined to comment on the case, saying he had not reviewed it.