11 Cal.App.4th 474A, Doan v. Commission on Judicial Performance, S043789

• Decision Date: 05 October 1995
• Docket Number: No. S043789,S043789
• Citation: 45 Cal.Rptr.2d 254,11 Cal.4th 294
• Court: California Supreme Court
• Parties: , 11 Cal.App.4th 474A, 902 P.2d 272, 95 Cal. Daily Op. Serv. 7889, 95 Daily Journal D.A.R. 13,481 Glenda Kraft DOAN, a Judge of the Municipal Court, Petitioner, v. COMMISSION ON JUDICIAL PERFORMANCE, Respondent.

Page 254

45 Cal.Rptr.2d 254

11 Cal.4th 294, 11 Cal.App.4th 474A, 902 P.2d 272,

95 Cal. Daily Op. Serv. 7889,

95 Daily Journal D.A.R. 13,481

Glenda Kraft DOAN, a Judge of the Municipal Court, Petitioner, v. COMMISSION ON JUDICIAL PERFORMANCE, Respondent.

No. S043789.

Supreme Court of California.

Oct. 5, 1995.

As Modified Nov. 6, 1995.

Kenneth B. Brock, Visalia, for petitioner.

Daniel E. Lungren, Attorney General, J. Robert Jibson and Raymond L. Brosterhous II (argued), Deputy Attorneys General, Behrens, Snyder & Romaine and William A. Romaine, for respondent.

BY THE COURT:

These are formal judicial disciplinary proceedings under section 18 of article VI of the California Constitution. Under former subdivision (c) thereof, the Commission on Judicial Performance (hereafter sometimes the Commission) has recommended that we remove from office Glenda Kraft Doan, a judge of the municipal court, for certain misconduct that "occurr[ed] not more than 6 years prior to the commencement of [her] current term"--specifically, "wilful misconduct in office," "conduct prejudicial to the administration of justice that brings the judicial office into disrepute," and "persistent failure or inability to perform [her] duties." ¹ Under rule 919(b) of the California Rules of Court, Doan has filed what we have deemed a petition for a writ of review, asking us to reject or modify the Commission's recommendation. ²

I. BACKGROUND

On January 27, 1994, after a preliminary investigation, the Commission filed a notice of formal proceedings against Doan. The notice recited that, between January 3, 1983, and June 29, 1992, Doan had been a judge of the Justice Court for the Corcoran Judicial District of Kings County, and that since June 29, 1992, she had been a judge of the Municipal Court for the Kings Judicial District of Kings County, Corcoran Division, into which the justice court had been consolidated. It went on to charge her in five counts with wilful misconduct, conduct prejudicial to the administration of justice, and persistent nonperformance of duties, as specified below.

Count one contained allegations to the following effect: In 1993, Doan and her husband, James Doan, owed about $400 to Miguel Meneses, their former gardener, for his services; in a felony action instituted against Meneses relating to conspiracy to possess cocaine for sale, Doan improperly engaged in ex parte contacts, including providing Meneses with legal advice; she failed to disclose her pertinent relationships and activities to the prosecution; she intentionally made a material misstatement of fact designed to mislead the prosecution as to the appropriateness of Meneses' release on his own recognizance; and, by failing to timely disqualify herself from, or at least disclose her pertinent relationships and activities at, a contested bail review hearing that resulted in her release of Meneses on his own recognizance, she failed to act with the impartiality expected of judicial office.

Count two contained allegations to the following effect: Doan engaged in a continuing pattern of failure to report income or loans in the Statement of Economic Interests that she was required to file annually with the Fair Political Practices Commission pursuant to Government Code section 87200 et seq.; in 1989, she had been publicly reproved by the Commission for failing to report income in excess of $75,000; in 1990, she had been privately admonished by the Commission for failing to report loans obtained from Helen Cabell, a member of the court staff; in spite of the foregoing discipline, in 1991, she borrowed $3,000 from Russell Williams, a lieutenant in the Corcoran Police Department and its liaison with her court, insisted that there be no written evidence of the transaction, failed to report the loan, and had not yet made repayment; also in 1991, she borrowed about $10,410 from Hugh Osburn, who frequently appeared in her court for himself and for his business, Western Counties Insurance Brokers, failed to report the loan, and had not yet made repayment.

Count three contained allegations to the following effect: Doan improperly exploited her office by engaging in financial dealings with members of the court staff, including obtaining a loan of $740 from Cabell in 1993, purportedly for the benefit of one of her daughters; in addition, she involved herself in continuing business relationships with persons who appeared in her court: she obtained unpaid services, as evidenced by the debt of about $400 to Meneses; she also obtained loans--in 1991, she borrowed $3,000 from Lieutenant Williams and about $10,410 from Osburn; sometime before 1992, she borrowed about $10,000 from Morris Proctor; subsequently, she presided over a sentencing hearing involving Proctor's son; she did not disqualify herself or at least disclose her pertinent relationships and activities; she had not yet made repayment of the loan.

Count four contained allegations to the following effect: Doan failed to act in a manner that promotes confidence in the integrity of the judiciary; on June 29, 1993, she and her husband filed a voluntary petition of bankruptcy; they were required to list all creditors; in supporting declarations executed under penalty of perjury, she stated in substance that they had done so; her statement, however, was deliberately false, in that they had omitted, inter alios, Lieutenant Williams, Osburn, Proctor, and Fabrie Jewelers.

Count five contained allegations to the following effect: Because she was habitually tardy in commencing court sessions, Doan persistently failed to perform her duties in a diligent fashion; her habitual tardiness adversely affected those who came into the courtroom and those who served on the court staff; and it continued despite repeated expressions of concern by the county administrative officer, the county court executive officer, another municipal court judge, and representatives of law enforcement agencies.

On March 8, 1994, Doan filed an answer. She denied the charges of wilful misconduct, conduct prejudicial to the administration of justice, and persistent nonperformance of duties.

On July 6, 1994, the Commission filed an amended notice of formal proceedings against Doan. The amended notice recited her judicial tenure as the original had done. It went on to charge her in seven counts with wilful misconduct, conduct prejudicial to the administration of justice, and persistent nonperformance of duties, as specified below.

Count one realleged Doan's acts and omissions, as stated in the same-numbered count of the original notice of formal proceedings, with regard to the Meneses matter. It also contained new allegations to the following effect: In 1992, she borrowed $4,500 for a term of one year without interest from Darlene Jones, who owned a restaurant in Corcoran, and had yet to make repayment except for about $750; subsequently, three events occurred, one involving Darren Powell, a nephew of Darlene, another involving Kenneth Jones, also a nephew, and yet another involving Darlene herself; first, Doan was assigned to preside over a misdemeanor action against Powell relating to resisting arrest and possessing an open container of an alcoholic beverage in a motor vehicle; she learned that Powell was Darlene's nephew; she commented to Darlene that she would "take care of the matter"; at a pretrial conference, she did not disqualify herself or advise any party of her comment to Darlene or her relationship with her as a friend and debtor; she was approached by the prosecutor and defense counsel with a proposal for a negotiated disposition, under which Powell would plead guilty to the resisting-arrest charge, with no jail time, and the People would move to dismiss the open-container charge; she rejected the proposal essentially as unfavorable to Powell; she continued the matter; later Judge Ronald J. Maciel, the judge of the Municipal Court for the Kings Judicial District of Kings County, Lemoore Division, accepted substantially the same proposal; second, she and Darlene were present at Darlene's restaurant one day when they saw Kenneth and a companion, Victoria Gamez, arrested for the misdemeanor of possession of an alcoholic beverage by a minor; Darlene expressed concern about the pair "getting into trouble" with the law; Doan assured her that she would "take care of the matter" and see to it that they would receive at most a sentence of community service, possibly involving an educational program at the California State Prison at Corcoran; she then presided over proceedings in misdemeanor actions against the pair; she subsequently dismissed the action against Gamez, and accepted a guilty plea from Kenneth and admitted him to probation on condition that he complete an educational program at the California State Prison at Corcoran; at no time did she advise the parties of her witnessing of the underlying incident, her relationship with Darlene, or her discussion with Darlene about the matter third, she learned that a misdemeanor action had been brought against Darlene for obstructing an officer; she discussed the charge with Darlene; she advised her against retaining counsel because she had already spoken with Judge Maciel, who was assigned to the proceedings, and "the matter would be taken care of"; she did in fact speak with Judge Maciel about the case.

Count two realleged Doan's acts and omissions, as stated in the same-numbered count of the original notice of formal proceedings, with regard to her continuing pattern of failure to report income or loans in her annual Statement of Economic Interests, specifically the $3,000 loan from Lieutenant Williams and the $10,410 loan from Osburn, both obtained in 1991 and not yet repaid. It also contained new allegations to the following effect: Beginning in 1991, she repeatedly borrowed money from Koma Howard, a resident of Corcoran, and routinely and periodically billed, for the...