Jurist’s Behavior Wasn’t Misconduct, Panel Says

A state panel has 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 that she acts responsibly.

“Judge Shaw’s motivation and style are in good faith and heartfelt,” the panel stated 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 caps 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 report has great influence on the outcome of the case, a decision on whether to punish Shaw is ultimately the commission’s.

The judge’s supporters say that 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 when she sang “‘Tis the season to be jolly, fa-la-la-la-la-la-la-la-la” to a defendant as he was led to jail.

In a 76-page report, the panel found evidence of misconduct in 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 unwelcome 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 is on vacation and was not available for comment.

Most of the allegations against her centered on her treatment of drunk driving defendants from 1993 to 1997. The commission’s investigators accused Shaw of violating several ethics standards.