Judge cleared of misconduct

Greg Risling

A Harbor Justice Center judge accused of berating some defendants,

intimidating attorneys and illustrating her point with signs and songs

was essentially cleared of misconduct this week by a three-member state

panel.

The panel said in a 76-page report given Thursday to the state’s Judicial

Performance Commission that Superior Court Judge Susanne Shaw’s

unorthodox approach, while controversial at times, goes beyond the

minimum requirements of the job.

“While we have found no wrongdoing in most of the conduct alleged, we

feel compelled to point out that singing, using props and posting certain

signs can keep one at the edge and occasionally result in unwittingly

stepping over the line,” the justices wrote. “It is plain she loves her

job, takes it seriously and cares for the people who appear before her.”

Shaw, 53, was the subject of a 12-count misconduct probe filed last year

by the state commission. A hearing was held in November with testimony

from those who felt belittled or slighted by Shaw.

The panel found evidence of misconduct in only three of the 12 counts,

noting that it may be due to “Judge Shaw trying to do too much.”

Shaw was unavailable for comment. Her attorney, Thomas Goethals, was

elated with the report and passed along the good news to his client.

“We are happy with about 95% of the report,” he said. “The report is a

vindication of Judge Shaw. She never yielded in her faith that

vindication would come.”

The report will be forwarded to the commission’s 11-member board, which

will likely hold a hearing sometime in the next two months. Removal from

the bench is the harshest penalty that could be rendered if the

commission disagrees with the report’s findings.

Goethals said he is unsure if he will file a response to the panel’s

report. However, he and Shaw will most likely travel to San Francisco for

the hearing.

“I think she will want to address the commission,” he said. “She takes

great pride in her job and she likes to look people in the eye.”

Most of those who complained about Shaw’s behavior were people appearing

in her courtroom. She was criticized for a speech she used in drunk

driving cases where Shaw told defendants to “fly with the eagles or trot

with the turkeys.”

What concerned the panel most was the offbeat remarks she made while

sitting on the bench. In one case, Shaw reportedly sang the chorus from a

Christmas carol as two young men left the courtroom. Another time, Shaw

is alleged to have warned a defendant about being approached by other

inmates wanting sex.

“The safest course for a judge is to blandly intone the ritual words

called for by the particular type of hearing and do nothing more,” wrote

the panel. “On occasion, she [Shaw] succumbs to the all-too-human foible

of blurting out something that would have been better left unsaid.”

Shaw came under fire in 1989 when she purportedly made discriminating

statements against Latinos. The same judicial commission reviewed her

case but she was cleared of any wrongdoing.

The commission was investigating another allegation against Shaw, but her

attorney said that has been resolved.

The commission contacted fugitive Sid Soffer, a restaurant owner that

lives in Las Vegas. Soffer claims he didn’t receive due process when he

was in Shaw’s courtroom on building code violations. Soffer was convicted

and the judge issued a $250,000 warrant.

At his next hearing, although his attorney appeared on his behalf -- a

major contention of Soffer’s -- Shaw upped the warrant to no-bail status.

Soffer said he was denied his right to counsel and that alone merits

another investigation.

Goethals said commission officials have informed him they will not pursue

the Soffer case.

“There is no way this is closed,” Soffer said. “If I’m not satisfied with

the investigation, I’m going to talk with the commission again. I would

love to have the glory to bust her.”

As for Shaw, her supporters don’t expect her to change the way she runs

her court. But they do have some advice for her.

“She needs to take a deep breath before she says something that may hurt

or offend someone,” Goethals said.