Urine Trouble

The Kentucky Supreme Court has removed a judge from office for a host a violations including involvement in her son’s criminal matters

Prior to her election in 2016, Judge Gordon was an attorney and served as a Guardian Ad Litem (GAL) in Daviess County. She served as GAL for a child named Dalton since he was a young child, approximately a decade. After years of Dalton being moved around the state with no permanent home or family, Judge Gordon resigned as his GAL and she and her husband Sale adopted him in 2013, just after he turned eighteen. Dalton suffers from substance abuse and mental illness issues. He also has criminal history dating back to 2017.

Throughout 2021 and 2022, the Commission received a series of complaints alleging Judge Gordon engaged in numerous instances of judicial misconduct. Between 2017 and 2021, Judge Gordon inappropriately inserted herself into at least three of her son’s Daviess County criminal cases. Judge Gordon was the complaining witness or victim in each of those cases, placing her in the difficult position of concurrently being a parent, victim and judge in the same county in which Dalton’s criminal cases were adjudicated. Given the nature of the accusations, the Commission authorized a preliminary investigation pursuant to Kentucky Supreme Court Rule (SCR) 4.170(1). The Commission notified Judge Gordon of the allegations on July 6, 2021, and she responded with a twenty-seven page sworn statement.

An unusual directive

Judge Gordon took it upon herself to administer drug tests using her secretary, her case manager, and others to conduct such testing, creating conflict and calling her impartiality into question. The validity of the drug testing was questionable as urine tests were stored in chambers in a refrigerator Judge Gordon purchased and on occasion the samples left the courthouse with Judge Gordon’s staff overnight, compromising the chain of custody.

The court rejected her claim that her conduct was permissible under a victim’s right provision

Although Judge Gordon argues that she was permitted to participate in the proceedings, she completely overlooks the fact that her ex parte communications were wholly inappropriate and, as a member of the judiciary, she should have known they were inappropriate. SCR 4.020, Canon 2, Rule 2.9(A). While Marsy’s Law gives victims the ability to speak at pleas and sentencing, it certainly does not give victims a direct line for ex parte communications with the presiding judge.

The court quoted the Judicial Conduct Commission

Judge Gordon’s conduct violating the Canons was not isolated but was a pattern of repeated conduct over an extended period of time and over her entire tenure as a judge and in a variety of ways. Her conduct violating the Canons was extensive and frequent and provided personal benefits to her and her adult son. The conduct occurred inside and outside the courtroom, and in her official capacity. . . . Based on the totality of the evidence presented, including acts admitted by Judge Gordon and conduct she cannot deny she engaged in, and based upon a reasonable and reasoned application of the Rules, it is clear that Judge Gordon lacks fitness to continue on the Bench.

Based on Judge Gordon’s numerous violations of the Code of Judicial Conduct, we hold that the sanction of removal was appropriate.

(Mike Frisch)