In Pottawattomie County

The Oklahoma Supreme Court rejected a proposed private reprimand by the Council on Judicial Complaints and imposed a public reprimand as the sanction against a judge

The allegations set forth in the Report can be summarized as follows:

Judge Mueller has been a Special Judge for Judicial District 23 comprised of Pottawattomie and Lincoln Counties since 2019. Judge Mueller has displayed a pattern of poor demeanor toward certain attorneys and courthouse staff and bias against certain attorneys. These allegations were supported by affidavits and statements from other attorneys and courthouse staff. In addition to allegations of poor demeanor, Judge Mueller was accused of engaging in ex parte discussions wherein she discussed two issues relating to the case heard that day.

In response to the Report regarding her demeanor, Judge Mueller admitted that her attitude has fallen short in interactions with attorneys and even her co-workers, but ultimately attributed her poor interactions to not being a “morning person.” In response to engaging in ex parte conversations, she did not consider the conversations as ex parte because no decision was being made that day but recognized that she could have handled the hearing differently.

The Council found by clear and convincing evidence that Judge Mueller violated Rules 1.2, 2.8, and 2.9 of the Code of Judicial Conduct. “Whether discipline should be imposed should be determined through a reasonable and reasoned application of the Rule(s) and should depend on factors such as the seriousness of the violation, the extent of any pattern of improper activity, whether there have been previous violations of the Rules, and the effect of the improper activity upon the judicial system or others.” Scope of the Code of Judicial Conduct, 5 O.S. Ch.1, App. 4.

The court on review of the findings

We adopt the Council’s findings and conclusions and find that Judge Mueller violated Rules 1.2, 2.8, and 2.9 of the Code of Judicial Conduct. Rule 1.2 requires a judge to “act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and avoid impropriety and the appearance of impropriety.” Rule 1.2, Code of Judicial Conduct, 5 O.S. Ch. 1, App. 4. The Council determined the evidence established that Judge Mueller is, at times, undignified and discourteous to certain attorneys that appear before her, thereby creating the appearance of impropriety. The Council noted that because Judge Mueller’s “rude conduct extends beyond the courtroom in her personal interactions with attorneys, she appears to have personal dislike for certain attorneys rather than simply professional disagreement.”  We find Judge Mueller’s repeated display of disrespect toward certain attorneys erodes the public’s confidence in the independence, integrity, and impartiality of the judiciary in violation of Rule 1.2 of the Code of Judicial Conduct.

Sanction

Viewing the Report in its entirety, we find Judge Mueller’s conduct reflects a serious departure from the standards required of a judicial officer and erodes the public’s confidence in the Judiciary. A judge must earn the respect of the community in which she presides–respect that is rooted in fairness, impartiality, and professionalism both on and off the bench. The independence of the Judiciary depends on the public’s confidence, and that confidence is maintained only when judges conduct themselves in a manner that upholds the dignity of the position they hold.

We do not find that the Council’s recommendation of a private reprimand is a sufficient imposition of discipline in this matter. Like disciplinary proceedings pertaining to attorneys, “[t]he purposes of discipline are the protection of the public, . . . and the deterrence of similar misconduct.” State ex rel. Oklahoma Bar Ass’n v. Beasley, 2006 OK 49, ¶ 34, 142 P.3d 410, 417. The Rules “are promulgated to preserve the integrity and public trust of the Judicial Branch of Government” not to punish the offending judge. Preface to the Rules, 5 O.S. Ch. 1, App. 4A. To deter similar behavior in the future from Judge Mueller and reinforce the standards expected of all judges, we hereby Reprimand Judge Mueller and direct that this Reprimand be made public through the publication of this order.

(Mike Frisch)