Judge Censured for Remarks on Outcome of Case

A San Diego Superior Court judge was publicly reprimanded for telling golfing friends about the possible outcome of General Dynamics’ appeal of a $101-million damage award.

The Commission on Judicial Performance on Tuesday issued a public admonishment of Judge Bernard Revak, saying that his remarks were improper and amounted to misconduct.

Revak remarked to his friends that an appeals court judge told him the court was planning to throw out the $99 million in punitive damages against General Dynamics.

Revak has contended that the comments on a golf course in February were made in jest, but the friends, who had ties to plaintiffs, denied knowing the remarks were a joke.

“Indeed, the implication was apparently so strong in the minds of Judge Revak’s friends that they did not believe the judge when he later told them the comments were only a joke,” the commission wrote.

A San Diego jury found in 1997 that General Dynamics, based in Falls Church, Va., had defrauded 97 former managers out of collecting overtime pay. The jury awarded them $2 million in compensatory damages and $99 million in punitive damages.

General Dynamics appealed to the 4th District Court of Appeal in San Diego. According to court papers filed by the former managers, Revak made the remarks to his friends while the appeal was pending but before oral arguments had been scheduled.

The state Supreme Court eventually ordered the case moved to the 5th District Court of Appeal in Fresno to avoid the appearance of impropriety.