By Ed Fletcher
efletcher@sacbee.com
Judge Joseph O'Flaherty took the witness stand this morning as the commission charged with monitoring judges opened its disciplinary hearing into the Placer County Superior Court jurist's actions.
O'Flaherty was admonished by the commission in 2004 for inviting potential jurors who might be racially prejudiced to misrepresent why they couldn't serve.
Formal disciplinary hearings against a judge are rare. It's even rarer that a judge is facing his second disciplinary action. Over the last decade, the State Commission on Judicial Performance has started 34 formal proceeding against California judges.
The hearing today focused on whether O'Flaherty abused his authority in a Dec. 8, 2008 small-claims case.
O'Flaherty ruled in favor of Golden 1 Credit Union in the matter between the bank and car dealer Scott Herold. After the hearing, O'Flaherty issued an informal restraining order against Herold without any due process.
The disciplinary hearing is expected to last at least through Wednesday. The entire process could take several more weeks. The issue is being heard at the Third District Court of Appeal, 621 Capitol Mall.
Tuesday's hearing opened with the three-judge panel that will determine O'Flaherty's punishment viewing the small-claims case.
During the December hearing, O'Flaherty instructed Herold to not use his prepared remarks and often interrupted him.
Herold claimed the bank soured a deal he had with a car buyer. Herold asked the court to find that the bank libeled him and that the buyer breached her contract.
"Why should I believe you over them?" O'Flaherty asks at one point.
"That is not libel in any sense, even in Europe where liable is much broader," the judge said at another point.
On Tuesday, O'Flaherty described the December case as being both "fairly acrimonious" and a "normal small claims case."
After O'Flaherty dismissed the matter and Herold left the courtroom, the judge heard fears that Herold might retaliate against some of the bank's employees.
"He's going to come after us," one of the female bank employees said, according to a record of the hearing. Another female voice talks about being scared.
O'Flaherty then asked the bailiff to bring Herold back into the court and told Herold that he is to have not contact with the employees or that Golden 1 branch for at least 90 days.
Attorney James Murphy, who is representing O'Flaherty, said the judge didn't issue a retraining order, but took the necessary steps to protect court participants.
"They were scared and Judge O'Flaherty had a responsibility to protect the peace," Murphy said. "Judge O'Flaherty did what the thought was right."
O'Flaherty was admonished by the commission in 2004 for inviting potential jurors who might be racially prejudiced to misrepresent why they couldn't serve.
Call The Bee's Ed Fletcher, (916) 321-1269.
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