In re Russell
| Decision Date | 28 June 2019 |
| Docket Number | JD No. 1 |
| Parties | IN THE MATTER OF JUDGE DEVY PATTERSON RUSSELL JUDGE OF THE DISTRICT COURT OF MARYLAND LOCATED IN BALTIMORE CITY, DISTRICT ONE |
| Court | Court of Special Appeals of Maryland |
JUDGES - REMOVAL OR DISCIPLINE - SANCTION
Having reviewed the record, the Court of Appeals held that, under the circumstances, the Maryland Commission on Judicial Disabilities' conclusion that the Honorable Devy Patterson Russell committed sanctionable conduct was supported by clear and convincing evidence. From 2007-2015, Judge Russell failed to handle and process search warrant materials in a manner consistent with Maryland Rule 4-601 and internal courthouse procedures. Moreover, Judge Russell instructed a law clerk to destroy the warrant materials. In addition, she repeatedly yelled at court clerks and judges. She subjected court clerks to lineups when clerical mistakes were made, and on one occasion physically pushed a clerk. Judge Russell also repeatedly attempted to undermine the authority of the administrative judge of her court and judges delegated administrative duties.
Her conduct occurred in the courthouse and often in the public view. Furthermore, her conduct had sweeping effects on the courthouse to which she was assigned, fostering an uncomfortable, unprofessional, and tense work environment. Her conduct exhibited a pattern of discourtesy and uncontrollable incivility that had pervasive effects on the administration of justice in the District Court of Maryland located in Baltimore City. As demonstrated herein, a judge may be disciplined if he or she engages in a pattern of inappropriate and discourteous behavior. Here, the appropriate sanction for Judge Russell's misconduct is a consecutive six-month suspension without pay, with her reinstatement conditioned upon her completion of remedial measures set forth by this Court.
Maryland Commission on Judicial Disabilities
Case No. CJD No. 2016-189
Greene, McDonald, Hotten, Getty, Harrell, Glenn T., Jr., (Senior Judge, Specially Assigned), Eyler, Deborah S., (Senior Judge, Specially Assigned), Thieme, Raymond G., Jr., (Senior Judge, Specially Assigned), JJ.
Opinion by Greene, J.
The Maryland Judiciary serves the public by endeavoring to preserve the principles of justice. In furtherance of the judiciary's task and role in society, it is critical that Maryland judges uphold the dignity of the office and aspire to maintain public confidence in the judiciary. As such, judges, at all times, are expected to conform their conduct to ethical standards, which are codified in the Maryland Code of Judicial Conduct. When a judge's conduct falls short of that which is expected by the Rules, the judge may be subject to disciplinary proceedings and sanctions. Maryland Rule 18-401(k)(1). The Maryland Constitution vests the duty of investigating and recommending disposition of instances involving alleged judicial misconduct in the Commission on Judicial Disabilities ("Commission"). See generally, Md. Const. Art. IV, §§ 4A, 4B. The Commission is empowered to investigate judicial misconduct and, in certain instances, directly discipline judges. Md. Const. Art. IV, § 4B. In the most serious instances, it is this Court's duty to take action. See id.
In the present case, the Commission found that Respondent, the Honorable Devy Patterson Russell ("Judge Russell" or "Respondent"), engaged in misconduct. The Commission explained that from 2007-2015, Judge Russell abdicated her duty to handle and process search warrant materials, as required by Maryland Rule 4-601 and internal courthouse policies. Furthermore, Respondent failed to treat fellow judges and courthouse staff with dignity and respect, and her misbehavior created an uncomfortable and unprofessional work environment. The Commission recommended that Judge Russell be suspended for six months without pay and that she take remedial measures to assist her when she returns to her duties. The Commission referred the matter to this Court. See Md.Const. Art. IV, § 4B(b); see also Md. Rule 18-407(j). As such, we are called upon to review whether Respondent committed sanctionable conduct and decide the appropriate sanction, if any. See Md. Const. Art. IV, § 4B(b).
At all relevant times, Judge Russell was an Associate Judge of the District Court of Maryland, sitting in Baltimore City, District One.1 She was appointed to the District Court in February 2006 and confirmed to serve an initial 10-year term. In February 2016, Judge Russell was reappointed and again confirmed to sit on the District Court for a second term of 10 years.
On January 16, 2018, Investigative Counsel, at the directive of the Commission on Judicial Disabilities, filed charges against Judge Russell pursuant to Md. Rule 18-407(a).2 The charges followed the Commission's review of an investigation that was conducted by Investigative Counsel, which yielded probable cause for the Commission to believe thatJudge Russell committed sanctionable conduct, as defined by Md. Rule 18-401(k).3 Judge Russell filed a "Response to Commission's Charges" on March 14, 2018, consistent with Md. Rule 18-407(c). Therein, she denied the charges, raised objections to the investigation procedure and factual predicates, and requested a hearing.
Thereafter, in accord with Md. Rule 18-407, the Commission held a public hearing on the charges on October 15-19 and November 5, 2018. At the hearing, Judge Russell appeared with counsel and the Commission was represented by Investigative Counsel. In total, the Commission received 50 exhibits from Investigative Counsel and 17 exhibits from Judge Russell; heard testimony from 21 witnesses called by Investigative Counsel and 14 witnesses called by Judge Russell; reviewed Judge Russell's prior record with the Commission; and considered more than four dozen letters supporting Judge Russell.
On December 6, 2018 the Commission filed "Amended Findings of Fact, Conclusions of Law, Order and Recommendations" pursuant to Md. Rule 18-407(k)(1).4The Commission found that, from 2007-2015, Judge Russell failed to handle and process search warrant materials in a manner consistent with Md. Rule 4-601 and internal District Court procedures. According to the Commission findings, Judge Russell instructed a law clerk to destroy the warrant materials. In addition, the Commission found that when clerical errors were made, Judge Russell yelled at court clerks, subjected them to lineups, and on one occasion physically pushed a clerk. Furthermore, Judge Russell repeatedly yelled at fellow judges and attempted to undermine the authority of judges delegated administrative duties. Her conduct occurred in public and in private, and it fostered an uncomfortable and tense work environment in the courthouse to which Judge Russell was assigned.
The Commission unanimously found clear and convincing evidence that Judge Russell's conduct violated Md. Rules 18-101.1 (Compliance with the Law), 18-101.2 (Promoting Confidence in the Judiciary), 18-102.5 (Competence, Diligence, and Cooperation), 18-102.8 (Decorum, Demeanor, and Communication with Jurors), and 18-102.12 (Supervisory Duties).5 Having concluded that Judge Russell committed sanctionable conduct, the Commission recommended her immediate suspension for a period of six months without pay. In addition, the Commission recommended that Judge Russell be required to undertake remedial measures to assist her as she returns to her duties. The Commission ordered that the matter be referred to this Court for review, in accordancewith Md. Rule 18-407(j).
On December 31, 2018, Judge Russell filed "Exceptions by Judge Russell to Amended Findings of Fact, Conclusions of Law, Order and Recommendation" with this Court. See Md. Rule 18-408(b) (Exceptions). The Commission responded to Judge Russell's Exceptions on January 16, 2019 in a "Response to Exceptions by Judge Russell to Amended Findings of Fact, Conclusions of Law, Order and Recommendation." See Md. Rule 18-408(c) (Response). A hearing was conducted before this Court on March 4, 2019. See Md. Rule 18-408(d) (Hearing). In this opinion, we review which, if any, Maryland Rules Respondent violated. See Md. Rule 18-408(e) (Disposition); see also Md. Rule 18-408(f) (Decision). Upon our determination of the existence of sanctionable conduct, we impose the appropriate sanction. See Md. Rule 18-408(e) (Disposition).
As a preliminary matter, Respondent raises several legal challenges to the Commission's disposition of her case. Respondent alleges that the Commission erred when it denied her Motion to Recuse and Motion to Suppress. Furthermore, Respondent claims that a host of legal doctrines support dismissing the charges against her. Finally, Respondent argues that several procedural defects occurred, which require that the charges be dismissed. We review each allegation in turn.
On August 31, 2018, Respondent filed a "Motion to Recuse." Therein, Respondent requested that the Honorable Susan H. Hazlett ("Judge Hazlett"), who is the Commission's Vice Chair and the Administrative Judge for the District Court of Maryland, sitting inHarford County, recuse herself from Respondent's proceedings. On September 10, 2018, the Commission filed an Order and a supporting memorandum denying Respondent's Motion. The Commission explained that it lacked information concerning any occurrence involving Respondent with which Judge Hazlett was personally familiar. In addition, the Commission explained that Judge Hazlett was not predisposed to find any witness credible. Finally, the Commission determined that, even if Judge Hazlett's recusal was warranted, the rule of necessity overrides the rule of recusal. Accordingly, Judge Hazlett participated in the disposition of Respondent's case.
Before this Court, Respondent argues that the Commission erred by denying her Motion to Recuse. She emphasizes that the Honorable John P. Morrissey ("Chief Judge...
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