Today we have TWO judges of the day. Both win the prize for their honesty and fearlessness. These jurists aren’t afraid to speak their minds, and for that we salute them.
First, there’s Judge James Brooks, of “the O.C.” — Orange County, California.
An Orange County judge with a sharp tongue and a history of making insensitive comments about ethnic minorities was publicly admonished by the Commission on Judicial Performance.
The commission cited [a] contempt hearing where litigant Arnold McMahon told Brooks that he didn’t attend a scheduled Oct. 15 deposition because he had gone to the hospital with chest pains.
“Gee,” Brooks responded. “I wonder what’s going to happen when we put you in jail, Mr. McMahon. Your little ticker might stop, you think?”
Come now — that’s a bit tepid. We’ve heard harsher words from federal appellate judges at oral argument. This was more compelling:
[T]he commission noted that Brooks had been privately chastised three times since 1996 for similar conduct. The commission-cited punishments include: a 1996 advisory letter for referring to Hispanic defendants as “Pedro,” and issuing a bench warrant for an Asian defendant for “ten thousand dollars or twenty thousand yen”…
Second, there’s Judge Wilbur Mathesius, a Superior Court judge in Mercer County, New Jersey.
New Jersey’s Supreme Court on Thursday handed Judge Wilbur Mathesius a one-month suspension without pay for making shoot-from-the hip comments that undermined the judicial system….
[Judge Mathesius allegedly] berated a jury for acquitting a defendant of illegal handgun possession. According to the complaint, Mathesius went to the jury room and said, “What the hell were you thinking?” He then told the jurors the defendant had a prior criminal record and chose to not testify because of that record; that another witness would have testified for the prosecution had he not been threatened; and that the prosecution’s principal witness was the most credible he had ever seen.
This was only one of several incidents for which Judge Mathesius was disciplined. He also made some over-the-top comments about the death penalty. When criticized for these comments before the New Jersey Supreme Court, he responded as follows:
Mathesius observ[ed] that Seventh U.S. Circuit Court of Appeals Judge Richard Posner “has written on many of the same subjects,” [and Mathesius] suggested that members of the New Jersey judiciary do the same.
Judge Mathesius, we know Judge Richard Posner. We have corresponded with Richard Posner. And you, sir, are no Richard Posner.
You are a state court judge. In the trial court. In New Jersey. In a word: ICKY.
(We mean no disrespect to the Garden State, from which we hail. But the “state court” and “trial court” aspects are proper subjects of disdain.)
Vociferous Judge Is Suspended a Month Without Pay [New Jersey Law Journal]
Judge Scolded for Insensitive Remarks [NYLawyer.com]