State Panel Assails Judge for Remarks

An Orange County judge has been accused by a state panel of routinely making offensive comments during court proceedings, including badgering defendants and, in one case, lecturing a lawyer on her drinking habits.

Superior Court Judge Susanne S. Shaw made “intimidating, demeaning, undignified and discourteous” remarks that gave the appearance of bias, according to a report filed this week by the state Commission on Judicial Performance.

In one allegation, the commission accused Shaw of warning a defendant that his appearance would make him a target for unwanted sexual advances in jail. In another instance, while presiding over a drunk driving case, Shaw pointed a shot glass at the defendant’s wife and asked if she would like to stand at her husband’s graveside, according to the report.

Shaw’s attorney, Thomas M. Goethals, said Wednesday that the comments were taken out of context. Shaw is a “straight talker” whose candor may have offended some defendants, Goethals said, but none of the charges amount to actionable misconduct.

“Judge Shaw can be a little confrontational sometimes, but that’s because she diligently tries to positively influence the behavior of the defendants who come before her,” Goethals said. “She never means any disrespect, and she’s offered to apologize to anyone whose feelings have been hurt by her comments. She’s very sensitive to that.”

Many agree. Defense attorney Jennifer Keller said that while Shaw’s behavior in court is sometimes unorthodox, “her decisions are, in fact, usually right on the money. She’s actually very compassionate. She has a lot of common sense about what a case is worth.”

Shaw, 52, was elected to the bench in 1984 and is currently handling the felony arraignment calendar at Harbor Court in Newport Beach. The majority of the complaints filed by the commission came before 1998, when Shaw was in charge of the misdemeanor calendar.

While most of the allegations involved Shaw’s dealings with defendants, the commission also accused the judge of insulting a prosecutor who declined to reduce a charge against a drunk-driving suspect. Saying the prosecutor “lacked human kindness and would regret her decision when she was 20 years older,” Shaw went on to accuse the woman of prosecuting the same type of conduct that she herself engaged in on the weekends, according to the report.

The commission alleged in a handful of other counts that Shaw repeatedly chided defendants--before they were convicted or had an opportunity to enter a plea--for committing crimes.

Goethals, however, said such comments were made when Shaw was setting bail amounts, a process that requires judges to presume defendants are guilty.

“Her comments suggesting someone is guilty are appropriate in that context,” he said. Shaw has until May 20 to file a response to the charges. The commission will then hold a hearing before a three-judge panel to decide whether the allegations are true. If the panel rules against the judge, punishment can range from a reprimand to permanent removal from the bench, said Victoria Henley, a commission spokeswoman.

At the hearing, Goethals said he will attempt to show the true nature of Shaw’s comments by calling a “long list of very supportive witnesses” to testify on her behalf. She will deny that any of the charges amount to actionable misconduct, he said.

“All Judge Shaw has ever intended to do is make a difference,” Goethals said. “Her goal is to get people’s attention. And she does.”