Placer judge charged with abusing power
Attorney says justice was concerned about defendants
A Placer County judge and his lawyer plan to argue that he was looking out for the best interests of scared defendants when he called a man back into the courtroom to warn him. That decision doesn’t mean that Judge Joseph O’Flaherty should be publicly or privately disciplined on charges that he abused his power, according to O’Flaherty’s attorney James A. Murphy. Earlier this month, the state Commission of Judicial Performance filed a notice of formal proceedings and informed O’Flaherty he was charged with willful misconduct in the office, prejudicial conduct and improper action. The charges stem from a Dec. 8, 2008, small claims matter during which O’Flaherty ordered that one of the parties involved have no contact with the defendants in the case or a restraining order would be issued. The commission stated in its notice that O’Flaherty’s action “constituted an abuse of authority, embroilment and a denial for the right to notice and the opportunity to be heard …” A portion of the court minutes was included in the commission’s notice. In the case of Scott Herold v. Golden One Credit Union, Herold and two Golden One employees appeared in court. Herold claimed that the credit union had “interfered” with the sale of his vehicle. During the court proceedings, neither employee commented or claimed that Herold had harassed or threatened them. However, after the case was dismissed and Herold left the courtroom, the employees said they were concerned that Herold was “going to come after” them, according to the notice. That’s when O’Flaherty asked the bailiff to “bring that guy back” and told Herold that he was not to contact the credit union employees or use their Roseville branch for the next 90 days. “I really – after you left I did not like their reaction at all,” O’Flaherty told Herold. “For whatever reason, they – you’ve made them afraid of you and I’m not going to have that. You understand?” On Tuesday, Murphy said the credit union employees we’re “visibly upset” after Herold left and one was crying. “Judge O’Flaherty saw that and wanted to make sure that there was not an incident of violence on that particular occasion or during the cooling off period,” Murphy said. “That’s the reason he did what he did – out of concern about the safety of the people appearing before him.” Murphy said that contrary to what the commission has stated, O’Flaherty did have jurisdiction over the matter despite the fact that he had already ruled in favor of the defendant in the case. “The case was not over,” Murphy said. “There was still a review right that Mr. Herold had. Legally the case was still pending.” In 2004, O’Flaherty was publicly admonished by the commission for telling prospective jurors in two criminal trials that it was OK to lie to get out of jury duty if they thought they may have a racial bias. O’Flaherty has until Feb. 22 to file a response to the notice. Next, a hearing is expected to be held during which both parties can call witnesses. After a report is made following the hearing, the commission can decide what, if any, punishment it can administer including removing, censuring, publicly admonishing or privately disciplining O’Flaherty. Jenifer Gee can be reached at jeniferg@goldcountrymedia.com
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GOOD !! Gotta love Karma !!
Placer County is out of control. Got to rein in these people.
Judge O'Flaherty, while stepping outside the bounds of judicial performance, usually gets himself in trouble not for abusing his power, but for making sure that no one is treated unjustly. He has gone way out on a limb on a number of occasions, to defend or inform the underdog, even at the expense of prosecutors who are well known for abusing their power. I personally find him somewhat courageous for his sense of justice. Atleast he is transparent.
It is those in power who wield their judicial robes who are too shrewed in covering their tracks, that really are indefensible. Thank God they are few and far between and not the norm.
He hired a lawyer? big mistake , credibility lost, in my view. Judge hires lawyer whew.
It seems to me that this judge exercised some discretion that is sadly lacking across the board in our increasingly "dot all 'I's' and cross all 'T's" society. In Placer county it used to be common for well respected judges to issue these type of "informal' orders as an alternative to the more burdensom and serious penalty or order that a formal proceeding would provide. Is it possible that in so doing he actually cut this guy a break from the disabling effects of a formal restraining order? The same goes for police officers---used to be around here a guy could get a warning and admonishment a lot easier---now it's full bore prosecution down the line a lot more. i have young relative that has suffered tremendously from having things on his record that I was given a warning for back in the day. For some reason a lot of discretion has gone by the wayside in these type of matters. I think this whole thing with the judge is bolwn WAY out of proportion.
Observer is right. When O'Flaherty gets into trouble with the Commission on Judicial Performance it's because he does things with the best of intentions, but acts in an unorthodox way that offends the purists on the Commission. I much prefer O'Flaherty's judicial style to the styles of certain judges in Sacramento who run roughshod over the rights of individual defendants in favor of plaintiffs represented by batteries of lawyers from large law firms with political clout. True injustice goes unaddressed by the Commission only because the truly corrupt judges are skilled as Observer notes, at covering their tracks.
"“I really – after you left I did not like their reaction at all,” O’Flaherty told Herold. “For whatever reason, they – you’ve made them afraid of you and I’m not going to have that. You understand?” "
Good for O'Flaherty, he was looking out for the credit union employees and now he is being charged with abusing power? Our legal system is truly a mess in CA...
Apparently the judge did something out of line and has been called on the carpet, I agree it doesn't seem to be all that serious and he may well be the greatest judge in Placer County, but if he did something wrong he should be held accountable for it. I would think a slap on the hand might cause him to be more aware of his actions, maybe a blessing for him in disguise. I think these fellows are scrutinized very closely. It don't sound all that serious, but then this is Placer County.
I have been a juror in Judge O'Flaherty's court and I have found him to be extrememly helpful to the jurors to make sure you understand the charges and what you must decide upon. The case I was on, the DA was not prepared and should of been and he did not allow the DA to railroad through the charges. He makes sure the lawyers are doing the right thing, what is wrong with that???
It is the lawyers not the judges that have screwed up our laws. O'Flaherty had it right with the Coverston issue and what happens? A lawyer gets hired and causes the cost to everyone to go beyond what common sense would have dictated. We all lose, except the attorneys involved. Just a little common sense, please!
While he may have been technically incorrect, I hope this complaint goes 'nowhere'.
I think Judge O’Flaherty used his power wisely, and also think it's always okay to lie to get out of jury duty if you know that you are unfit to serve and that the lying will work. If I were called to serve and knew what the right lie was, I would certainly use it!
All I see this as is the judge giving him fair warning, however a restraining order has to be filed by the Credit Union Employees. They have to file the paperwork, serve this guy & than show up in court to either have it granted or denclined. This is just stupid??
Judge O'Flaherty in my opinion has been very fair when I have observed him on the bench. If he makes illegal ruling I do believe he has done it to ensure a just result. I wouldn't say he has abused his power. He could try and treat his clerks a bit better though. I think O'Flaherty is a really smart guy who has tunnel vision occasionally so he ignores the obvious norms of common politeness.
MmeYana:
You also can go into the jury selection process ( if called to do so ) and tell the truth. Which is a whole lot easier. Your Honor, I do not think I am capeable of rendering a honest, unbiased verdict/decision in this case. No judge or Lawyer would want you on a jury.
So, try honesty sometime..... it works. And if you have kids they don't learn that the 'Little white lies' are o.k. if you benefit from the out come.
What a bunch of BS. We are talking about the best judge in the county. I for one don't care if that jokers feelings were hurt. Flaherty means business and that punk just found it out. I say you go judge and don't take any of this crap those Nanny Staters and trying to foist on you. Kick some but! He couldn't issue the order based on what was presented but put the dude on notice. Good job.
Which is the Placer County judge who has 7+ DUIs... I think he does drug court now. Rumor has it (yes, just rumors, which is why I'm asking) they gave him drug court as a sort of punishment to see what his own crimes could have caused. Anyone have info on this?
So a guy scares a couple of credit union employees and the judge tuned him up a little. I don't see a problem here.
JaSmith:You are absolutely correct this is the DUI judge....sitting behind his bench with an ankle monitor and judging other DUI cases when he himself is GUILTY!!!! Now that's abusing the system as well. (O'Flarety is doing small claims court) and abusing his power thier too...O'Flarerty absolutely abuses his power...I have first hand witnessed this as well, he may have in the past been a fair judge, but not in the last 5-6yrs. fourgen: remember judges were lawyers before they took the bench....Watch out O'Flaherty your stepping out of bounds again...:) watchit: He hired a lawyer because he knows he's out of line with his power trip again.
chase2you, I would prefer honesty but know it does not work. I do not want to go to any courtroom for a selection process. You are correct that no judge or lawyer would want me on a jury. My husband and I got around 5 summons for jury duty, and I tried to get out of it by calling the clerk and explaining my reasons - although a free, law-abiding citizen with personal autonomy should not have to do that. My explanations fell on deaf ears, but I did the automated phone calls where you are told whether you are required to show up and where, and we didn't have to show up. One time my husband did miss a summons, and we went to court in Auburn with all the other horrible people who avoid jury duty. One woman was in the hospital when she was supposed to serve, and I think she got fined for her "crime". The whole system disgusts me. I really dislike the area where the courts are in Rocklin, do not want to drive there, and don't think that is a whole lot easier than telling a good, effective lie. Not a little white lie, just the right one that brings the best results for all involved.
"remember judges were lawyers" I remember all too well, we voted for an initiative that was proposed by lawyers, I voted against it. This was a juncture in time where our courts began using more legalize and less common sense. I don't particularly like or respect O'Flarherty, but I do agree with some of his verdicts.
Should take both Judge O'Flaherty and Golden One Credit Union and run them out of the country! O'Flaherty has been known as an "idiot judge" for years and Golden One Credit Union is a "customer un-friendly" and non-responsive business. Kick them out! Let they cry - wha wha wha
In my opinion hiring a lawyer does not reflect on the credibility of this Judge. "A lawyer who represents himself has a fool for a client."
Judge O'Flaherty does not always see or do things the same as I would, but according to a few people who post here, that is probably a good thing. I have to agree with a few posters that I believe his motives are always good.
When I was a prosecutor, I saw, and heard, a defendant threaten a witness as the defendant left the courtroom. The judge had the bailiff stop the idiot, then confirmed what was said. He held the defendant in contempt and had him cool off in the holding tank for about an hour. The judge then had him brought back in where he was told to stay away from the witness and advised as to what the consequences would be if there was any contact. This, in my opinion, was a proper exercise of judicial power. Had Judge O'Flaherty witnessed such conduct, his actions would have been proper.
In the above reported case, however, his actions were not proper. There was no request for a restrainning order and the plaintiff did nothing wrong in the judge's presence. However, in the grand scheme of things, I would not consider this a biggie. I would prefer it be handled informally.
I guess I am out of the loop. If the statement about multiple DUI's is correct, that is of much greater concern. Can anyone validate that? If any judge had seven DUI convictions, I would expect the Judicial Commission to move on that.
About the plantiff supposedly threatening the bank employees...no corroborating evidence of this...just shows that the judge might have had a bias toward the defendants throughout the proceedings.
There's a reason why O'Flaherty has been demoted to the Small Claims Division.
I heard he had 7,000 DUI's! I find it very hard to believe that a sitting judge could have 7 DUI's and not be removed from the bench. It might be true, and I will be happy to eat my words if that is the case, but that seems very implausible. He was the judge for a case I had last year and he seemed like a nice fair guy. I lost, but not because of him. I, for one, am happy to see a judge do what he did. Its really not that big of a deal, he just admonished the person for being a jerk. He is a JUDGE after all. His title of profession says it all
This looks more like a witch hunt to me. I’m with Observer on this one. Steelybob, He was not demoted to the Small Claims division. Please provide your evidence. He just sat on the bench for the pitbull hearing.
Superior Court "Judge" Joseph O'Flaherty has demonstrated his incompetence and ineptness ad nausem. He was demoted several years ago to handling traffic and small claims cases and screwed that up as evidenced by this latest flap. If he was in private practice by the end of the first week he would out on Highway 49 holding a tin cup trying to collect enough money to survive. I have had several small claims cases with him and found that he is obnoxious, arrogant, condescending, rude and a legend in his own mind. His getting re-elected is a perfect example of voter ignorance and apathy. He ought to be fired and disbarred.