Judge Shaw’s Misconduct Hearing Closes

Hearings in a state probe of Orange County Superior Court Judge Susanne Shaw ended Thursday with her lawyer saying the veteran judge may have offended some but never crossed the line into judicial misconduct.

In closing remarks to a panel of three appellate justices, attorney Thomas M. Goethals stressed that Shaw never violated any rules or ethical boundaries.

“If style is what is objectionable here, then God help us. And God help the judiciary, because now we have the style police,” Goethals said. “This case is about context.”

The state’s Commission on Judicial Performance filed 12 counts of misconduct against Shaw earlier this year, accusing her of demeaning and intimidating defendants, especially those facing drunk driving charges. She has denied those charges.

An attorney for the commission also presented closing arguments Thursday, recounting some of the allegations, including testimony by witnesses who said the judge told a drunk driving suspect he would face unwanted sexual advances in jail.

The commission probe does not include one 1997 incident in which a judge tossed out a drug case, saying that Shaw had “crossed the line” by lobbying a defense witness in the case not to testify because it could incriminate him.

Goethals on Thursday defended Shaw’s handling of that matter.

“Judge Shaw, in that case, did exactly what she was supposed to do,” he said. “The witness appeared likely to confess to a crime on the stand, and the judge correctly appointed an attorney and he invoked” his right not to testify. “For some reason, another judge reviewed the conduct and disagreed.”

Goethals said the reviewing judge ruled Shaw made a legal error, which is far from misconduct.