Carter Lawyer Says He Fears a Witch Hunt

The attorney representing Orange County Municipal Judge Brian R. Carter said Friday that his client has been subjected to “character assassination” and that he feared a state investigation of the judge could become a witch hunt.

The California Commission on Judicial Performance announced Thursday that it had ordered a formal hearing into allegations against Carter, a veteran judge in the Harbor Municipal Court that serves the cities of Newport Beach, Costa Mesa and Irvine.

Sexual Favors Alleged

Although the commission would not specify what allegations would be the subject of its hearing on Carter, recent newspaper stories have said the panel was investigating Carter for allegedly giving lenient treatment in court to prostitutes in return for sexual favors.

“We know of no hearing involving the bulk of charges set forth in the press,” said Marshall M. Schulman, a Santa Ana attorney whose firm is representing Carter. “I hope this case doesn’t fall into a political battle and end up a witch hunt. I hope the commission will not feel compelled to act because of what has been written in the press.”

Carter will also be represented by Schulman’s law parter, Byron K. McMillan. Schulman’s comments were the first made by anyone representing Carter.

In a telephone interview, Schulman said he was concerned because Carter has not been charged with anything and no witness has testified against him.

Criticizes Press

“What the press has printed is tantamount to character assassination,” Schulman said.

Schulman said he also found it upsetting that the judicial commission which sits in San Francisco found it necessary to issue a press release announcing the hearing on Carter.

Schulman said he thought that someone in government revealed allegations contained in sealed court documents, thereby ignoring ethical, moral and possibly legal obligations. He speculated that the motive for such a leak might be “vindictiveness and spite.”

Carter, 62, was appointed to the court in 1982 by then-Gov. Edmund G. Brown Jr.

After a formal hearing, the commission will review the results and decide if it will take any action. It may privately admonish a judge or recommend public censure or removal to the state Supreme Court.

Others Investigated

Other judges at Harbor Court, including Calvin P. Schmidt, 59, are also being investigated by the commission, sources have told The Times.

The Orange County district attorney’s office and the Newport Beach Police Department have also investigated the allegations against Carter and Schmidt, but no charges were filed.

Sources told The Times that the cases were dropped by law enforcement because witnesses would not testify against the two judges.