Panel Clears O.C. Judge of Most Charges

A state panel rejected most of the misconduct allegations against an Orange County judge, saying her courtroom behavior--including stern lectures to drunk-driving defendants and occasional singing--does not constitute wrongdoing.

The three-judge panel for the Commission on Judicial Performance concluded that while Judge Susanne S. Shaw sometimes “crossed the line” in her dealings with defendants, her vocal stance against drunk driving is well-meaning and she acts responsibly.

“Judge Shaw’s motivation and style are in good faith and heartfelt,” the panel states in a report released Thursday. “She particularly wants to enlighten drunk drivers about the seriousness of such conduct and to dissuade them from repeating it. Any degree of success is to the community’s benefit.”

The decision comes after a yearlong investigation that prompted widespread debate over the line between judicial decorum and advocacy and whether outspoken comments from the bench help or hurt the cause of justice.

The panel’s report now goes to the full state commission for final action in May. While the findings have great influence on the outcome of the case, it is ultimately the commission’s decision on whether to punish Shaw.

The judge’s supporters say she is a skilled jurist who talks tough but always rules fairly. But detractors portray Shaw as a bully who demeans court participants, such as the time she sang to a defendant as he was being led to jail.

In a 76-page report, the panel found evidence of misconduct in only three of the 12 counts filed against her last year by the state.

The panel concluded that even when Shaw acted inappropriately, including once when she allegedly told a young man he would receive unwelcomed sexual advances in jail, her transgressions were relatively minor.

“She is loquacious and blunt. On occasion, she succumbs to the all too human foible of blurting out something that would have been better left unsaid. This does not lessen her standing as a judge. We found she slipped three times, nothing more. If fault is to be found, it may be that Judge Shaw tries to do too much,” the report reads.

Shaw’s attorney, Thomas Goethals, termed the report a “victory,” and said his client will likely be cleared by the commission.

“She’s vindicated. All those people who said bad things about her have been discounted by the justices,” Goethals said. “Somebody tried to slander her reputation, and the effort has failed.”

Shaw is on vacation and was not available for comment.

Most of the allegations against her centered around her treatment of drunk-driving defendants from 1993 to 1997. The instances were highlighted during a weeklong hearing in Santa Ana in November.

The commission’s investigators accused Shaw of violating several judicial ethics standards, such as making comments in court that were “intimidating, demeaning, undignified and discourteous” and that also showed bias toward particular individuals.

Using a shot glass and a place mat with a picture of an eagle as props, Shaw exhorted defendants to “fly with the eagles rather than trot with the turkeys.” She told one defendant’s mother that if her child didn’t plead guilty, she would soon be “paying for a coffin in addition to bail.”

Sometimes, Shaw broke out in song. To one defendant, she sang, “Tis the season to be jolly, fa-la-la-la, la-la-la-la,” as he was escorted to jail.

The justices did not consider the behavior prejudicial.

“She uses motivational speeches and props in attempting to discourage recidivism. Although some may take issue with her style, judges cannot be expected to be exact clones of someone’s hypothetical model of a judge,” the report states.

A graduate of Balboa Law College in San Diego, Shaw was known as a hard-charging and aggressive prosecutor before being elected to the bench in 1984.

In November, she defended herself before the three-judge panel.

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

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