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Acting on Public's Complaints, Panel Tries to Keep
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The Washington Post
February 10, 2014 | Alexander, Keith L
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It was one of the few public reprimands of a D.C. judge in years.
After receiving complaints about D.C. Superior Court Judge Natalia Combs Greene during her
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time overseeing cases in landlord/ tenant court, the board that oversees the conduct of many
city judges issued a scolding. Combs Greene's demeanor was "oftentimes less than courteous,
and on occasion even rude and intimidating; moreover some of her comments during those
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proceedings were exceedingly inappropriate," the board wrote.
The November letter offers a window into the work of the seven- member Commission on
Judicial Disabilities and Tenure, which oversees the conduct of D.C. Superior Court and Court of
Appeals judges. The commission is the mouthpiece - the ombudsman, if you will - for
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individuals who have come before the judges and feel they were treated unprofessionally.
"Our role is to provide protection for the public," U.S. District Judge Gladys Kessler, the board's
chairwoman, said.
"We believe the citizens of the District have a right to be treated with dignity and respect. That's
what they deserve," added Hank Schuelke, the commission's special counsel.
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Despite its criticisms of Combs Greene, the commission found that her work over a 16-year
career on the bench overshadowed her challenges with the landlord/tenant division and
recommended she be elevated to a senior judge position. On Monday, Combs Greene is
scheduled to be appointed to join the court's 30 senior judges.
"I'm glad the commission decided to recommend me for senior status. What I read in the letter
was mostly favorable," Combs Greene, who was appointed by President Bill Clinton, said in an
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interview. She declined to comment on the commission's criticism.
The D.C. commission is the only one nationwide that oversees judges in one city; elsewhere,
such bodies operate statewide, according to the American Judicature Society's Center for
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Judicial Ethics. The commission examines complaints, which remain confidential, filed via its
Web site or directly with the board.
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Last year, the commission received about 60 complaints about issues ranging from
inappropriate demeanor and temperament to abuse. That's up from 30 complaints in 2009.
Many of the complaints, Kessler said, are found to be unmerited after the board investigates the
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case, listens to recordings of hearings and talks to participants. But the commissioners keep track
of such comments to look for a "pattern of conduct."
Kessler, a former D.C. Superior Court judge, and other commissioners praised the Superior Court
as one of the best "urban courts in the country," noting it has focused on the needs of residents
by creating programs such as mental-health and drug courts. She said that the complaints
against judges in the District have not risen to the point that serious disciplinary action, such as
suspension, has been needed and that the commission has focused mostly on demeanor.
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Article: Acting on Public's Complaints, Panel Tries
to Keep Order in D.C. Courts
The commission doesn't overturn cases or review a judge's rulings. That's up to the Court of
Appeals. But if a judge has a history of being late to the bench, making questionable comments
or failing to understand changes in law, the commission may raise concerns.
Its reports carry some weight, especially when a judge applies for reappointment, which is
needed to continue after 15 years on the bench, or when a judge seeks a senior position with the
court.
"I think it's fair to say, you never want the commission questioning a judge's conduct, and you
definitely don't want them issuing a public criticism. That is a sure way to have a judge's career
path permanently derailed," said one judge who spoke on the condition of anonymity because of
concerns about affecting the process.
It's rare for the commission to issue public statements criticizing a judge or find that a judge is
"unqualified." Often, Kessler said, if the commission concludes there is a problem, members will
meet with the judge, or the chief judge, explain their concerns and alert the judge that unless
changes are made, the commission likely will not recommend reappointment.
Since 2001, Kessler said, six judges have retired after being told they would not be recommended
for reappointment. She declined to identify them.
But in some instances, the commission has made its concerns public. In 2006, the commission
concluded that Tim Murphy, a senior judge who had been with the court for 40 years, was
suffering from a "cognitive mental disability" that would not allow him to continue to perform
as a judge, and it gave him an unfavorable recommendation.
And in 2002, the commission declined to recommend Evelyn E.C. Queen for reappointment as
senior judge. Queen was highly criticized in 2000 when she oversaw the case of Brianna
Blackmond, a 23-month- old foster child whom Queen ordered reunited with her mother. Two
weeks later, Brianna's mother was charged with fatally beating the child.
The commission wrote at the time that Queen was "inattentive to the critical details of her
position with, at times, tragic consequences for both the life and the liberty of citizens of the
District of Columbia."
Both Queen and Murphy retired.
Sometimes, the commission supports a judge's application for senior status even when it
reprimands the judge publicly.
In 2008, the commission criticized D.C. Superior Court Judge John H. Bayly Jr. after he ordered
an attorney with the D.C. Public Defender Service to be locked up during a 2007 hearing. After
meeting with Bayly and the attorney and listening to the transcript of the hearing, the
commission called the incident an "extraordinary exercise of judicial power."
Still, the commission recommended that Bayly be appointed to a senior judge position. Kessler
said that the group reviewed Bayly's entire career on the bench and found that the 2007 incident
was not part of a pattern of behavior.
"We made it clear that it was unlike him. It was an aberration. But you can't do something like
that," Kessler said.
She said she encourages anyone with concerns about judges to let the commission know,
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through its Web site, cjdt.dc.gov; by e-mail at dc.cjdt@dc.gov; or by calling 202-727-1363. "Our
job is to make recommendations. And we make those recommendations based in part on what
we hear from the public," Kessler said.
keith.alexander@washpost.com
Copyright 2009 The Washington Post. All inquiries regarding rights or concerns about this content should be
directed to Customer Service. For permission to reuse this article, contact Copyright Clearance Center.
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