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Improper Conduct Charges Filed Against Judge Lopez

Judge Criticized For Child Molester Case

POSTED: 12:35 pm EDT May 7, 2002
UPDATED: 7:21 pm EDT May 7, 2002

A judge who shocked many with a courtroom outburst and controversial sentence was brought up on formal charges by a judicial conduct board Tuesday.

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NewsCenter 5's Rhondella Richardson reported that Superior Court Judge Maria Lopez sentenced a transsexual to probation in September 2000 after he was convicted of the kidnapping and attempted rape of a young boy.

The judge not only rejected the prosecution's request for lengthy jail time but also lambasted the prosecutor for pushing his case in an incident caught on television news cameras.

The Commission on Judicial Conduct, in formal charges filed against Lopez, said:

"Judge Lopez engaged in a pattern of conduct prejudicial to the administration of justice and unbecoming a judicial officer that brings the judicial office into disrepute."

Lopez's longtime friend and former boss said that he believes Lopez acted appropriately.

"If you can discipline a judge for this kind of conduct and for the sentencing ... then I think you're on the road to destroying or at least eroding to a great degree the independence of the judiciary," former Attorney General Frank Bellotti said.

"She committed the crime of bad timing," Lawyer's Weekly Editor David Yas said. "She decided to have her bad day at the office in front of the cameras, and lawyers have told us that outbursts like that from judges are not that uncommon."

The commission said Lopez allegedly abused her office, exhibiting bias and indiscretion.

In a statement, Lopez said that she believes she acted properly.

"These unfounded and unwarranted allegations irresponsibly attack my hard-earned personal and professional reputation," she said.

The commission alleged that Lopez's reprimand of another prosecution attorney on the case was character assassination. Lopez allegedly told the woman, "You're mean ... You're very young ... This is all your fault. You belong in the suburbs."

There will be a public hearing on the formal charges, and a hearing officer will make a finding of fact, saying if he or she believes the charges are true. The full bench of the Supreme Judicial Court makes the final decision.

"They may censure or reprimand a judge, suspend a judge without pay," commission acting Executive Director Jill Pearson said.

Lopez could also be disbarred or fined.

Lopez said that she acted ethically, but she said if she could rewrite history, she would have issued a written opinion explaining why her sentence was so at odds with the prosecutor's recommendation. Lopez said her decision was made based on psychological reports saying the convict was not dangerous.

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