Facebook Post Draws Admonishment For Judge
The Orange County Register reports on a sanction imposed on a judge in part for a Facebook post
An Orange County Superior Court judge was admonished by a state watchdog agency for making an inappropriate comment about a judicial candidate on Facebook and remaining Facebook “friends” with attorneys appearing before him in court.
In a Wednesday statement, the Commission on Judicial Performance publicly admonished Judge Jeff Ferguson for violating the Code of Judicial Ethics.
The agency said Ferguson posted a comment “with knowing or reckless disregard for the truth of the statement.”
On April 26, 2016, an attorney vying for a judicial seat against Orange County Superior Court Judge Scott Steiner posted a statement on the North Orange County Bar Association Facebook page.
The candidate wrote, referring to Steiner’s censure by the commission in 2014 for allegedly having sex in his chambers with two of his former law students: “Scott Steiner uses his office for sex and yet so many aren’t concerned, crazy politics!”
Judge Ferguson, in support of Steiner, wrote in response that the candidate “has sex with defense lawyer whike [sic] shw [sic] is a DA on his cases and nobody cares. Interesting politics.”
Ferguson removed the comment after the candidate responded to the post by writing: “I’m sure The Judicial Commission of Performance would love to know about your blogging!!”
The candidate lost the race to Steiner, who was re-elected last year.
The commission said Ferguson “undermined public respect for the judiciary and the integrity of the electoral process” in his Facebook post.
“The judge claimed to be relying on ‘commonly known information’ from many years ago when he made his post but he could provide no factual support for this reference,” the agency wrote, adding that the candidate and the defense attorney denied any intimate involvement while working on the same cases.
The agency said the judge acknowledged that he was wrong to write the post and recognized that it fell outside the bounds of professionalism.
The judicial commission also admonished Ferguson for being Facebook friends with three Orange County criminal defense attorneys who had appeared regularly before him in court. The judge “unfriended” the attorneys after he was contacted by the commission.
Paul Meyer, Ferguson’s attorney, said in a statement: “Judge Ferguson’s quick, late-night retort was posted for only a few minutes before he voluntarily removed it. Judge Ferguson again apologizes for his thoughtless comment.”
Ferguson was elected in 2014 for a term expiring on Jan. 4, 2021.
The admonishment is linked here.
The commission found that Judge Ferguson’s post claiming that Ms. Schatzle was having sex at the time, or had sex in the past, with defense attorney while she was prosecutor on his cases was made with knowing or reckless disregard for the truth. Ms. Schatzle and the defense attorney referred to in Judge Ferguson’s post deny any intimate involvement while they were appearing on the same cases. In his response to the preliminary investigation letter from the commission, Judge Ferguson stated that many years ago Ms. Schatzle was frequent subject of discussion for her intimate relationship with the defense attorney, and when he saw her post, he “immediately thought of this commonly known information, and without thought repeated it.” Judge Ferguson could provide no factual support for his reference to “commonly known information” that Schatzle and the defense attorney appeared on the same cases during the time they were in an intimate relationship. He submitted declaration from one attorney who purportedly had knowledge of the relationship. The attorney admitted having no evidence that Ms. Schatzle and the defense attorney were working on opposite sides of cases while involved in an intimate relationship. Judge Ferguson acknowledged that he was wrong to write the post, recognized that it fell outside the bounds of professionalism and the decorum expected of bench officer, and apologized for his conduct.
On the ethics of friends
For period of time after becoming judge, Judge Ferguson was Facebook friends with Orange County criminal defense attorneys Jeffrey D. Kent, Ray Dinari and Bob Hickey while they had cases pending and appeared regularly before him in court. The judge did not disclose that he was Facebook friends with these attorneys.
Noting a 2010 opinion
Judge Ferguson stated he agrees with the CJA opinion and that he unfriended the attorneys promptly after being contacted by the commission concerning this matter.
(Mike Frisch)