Judges and Judiciary
Sep. 25, 2003
CJP Yanks Judge Hyde from the Bench
SAN FRANCISCO - Concluding that Alameda County Superior Court Judge D. Ronald Hyde "cannot or will not conform his behavior to the standards of judicial conduct," a state watchdog panel that noted he has already been disciplined five times for similar misconduct removed the jurist from the bench Tuesday.
The state Commission on Judicial Performance found Hyde committed two acts of willful misconduct, four acts of conduct prejudicial to the administration of justice and one improper action, noting the incidents mirrored his prior unethical conduct. Inquiry Concerning Judge Hyde, No. 166.
The misconduct included repeatedly accessing state Department of Motor Vehicles files for personal reasons, making sexual comments to court personnel, improperly providing pro per parties with legal advice, and communicating with a judge about a case outside the presence of the attorneys.
In its 35-page decision, the commission voiced concerns that Hyde, 60, "would always be able to rationalize departures from the standards of judicial conduct."
"Even when the commission's attention was focused on him, Judge Hyde could not resist repeating an act of misconduct," commission members concluded.
Exacerbating the situation, Hyde demonstrated a "lack of candor" in his filings the commissioners and his appearances before a panel of special masters "raise serious questions about his integrity."
During a hearing last month before the commission, it was revealed for the first time that Hyde has received three advisory letters and a private admonition in addition to a severe censure for similar misconduct since 1992.
The commission filed seven misconduct counts in June 2002, including charges that he had intervened in cases on behalf of family and friends.
Hyde, who was on the bench at the Wiley W. Manuel courthouse in downtown Oakland when he was notified of the decision Tuesday morning, was asked to leave immediately, said Alameda County Presiding Judge Harry R. Sheppard.
Sheppard said he was "surprised" that he was informed only moments before the press release announcing the decision was released, but "we all knew a decision was forthcoming."
"It's always somewhat shocking to have a judge removed from the bench," Sheppard added, calling it a "rare occurrence, Hyde's difficulties with the CJP notwithstanding."
Sheppard called Hyde "an effective judge" who was "well liked by the citizens of Pleasanton, Dublin and Livermore" but declined to comment on the charges, saying only, "the record speaks for itself."
Hyde's attorney, James A. Murphy of San Francisco, expressed surprise at how quickly the commission reached its decision but not at the outcome, given the commission's recitation of his extensive prior misconduct and the commission's dubious response to Hyde's explanations.
"Obviously, we weren't optimistic following the hearing," acknowledged Murphy.
Murphy said Hyde said in a voicemail message he was "very disappointed." He said the judge had not decided whether to appeal the decision to the state Supreme Court.
"He obviously loves being a judge," Murphy said, "and is very disappointed that the good he has done over the years in and out of the courtroom has been obfuscated by these incidents."
Murphy also noted that Hyde's supervising judge, Allan D. Hymer, and other court personnel wrote letters praising Hyde's abilities.
In June, three special masters concluded that Hyde committed misconduct by telling raunchy anecdotes about a former female court employee's sexual escapades with a criminal defendant in the courthouse parking lot.
The masters also found him culpable of the most serious charge - an ex parte communication with Superior Court Judge Hugh Walker in which Hyde asked him to "back me up" on increased bail that Hyde had ordered in a case before he was disqualified.
The decision also included previously unreleased details about Hyde's prior disciplines, including that he sold raffle tickets in 1995 despite being warned by the presiding judge that such conduct violated ethical canons. It was also disclosed that Hyde promised a woman that he could get her a job.
The decision noted that over the years Hyde had used such "demeaning" nicknames for female employees as "Boom Boom," "Breath," "Chubbs," "Legs" and "Mousemeat."
Commission members voting for Hyde's removal were Judge Rise Jones Pichon, Justice Vance W. Raye, Judge Madeleine I. Flier, attorneys Marshall B. Grossman, Michael A. Kahn and public members Crystal Lui, Jose C. Miramontes, Penny Perez, Ramona Ripston and Barbara Schraeger. Public member Betty L. Wyman did not participate in the matter.
The commission's decision is final in 30 days. Hyde has 60 days to file a petition for review with the state high court.
Donna Domino
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