HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#501

Post by Tiredretiredlawyer » Thu Jun 29, 2017 7:27 pm

Sterngard Friegen wrote:
bob wrote:
Sterngard Friegen wrote:That stopped happening the day after I was sworn in, Mike.
:fingerwag:

Law & Order first aired in 1990 A.D. CE.
:roll:

The "feel[ing] like a fucking badass" part, John Scott bob. I was sweared in at Hammurabi's tomb.
I thought we lawyers wuz supposed to swear at the judges at the swearing in ceremony cause we wuz swearing in our new fangled lawyer clothes.


“I’ve been hooked since my first smell of C-4.” Linda Cox, first female Air Force Explosive Ordnance Disposal Technician, first to lead her own unit, go to war, be awarded a Bronze Star, and hold the highest enlisted rank of chief master sergeant.

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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#502

Post by Sam the Centipede » Thu Jun 29, 2017 11:41 pm

Bah 'eck, the Ancient Lawyers Club is doing its Yorkshiremen act!

Fun fact, the Four Yorkshiremen sketch was originally in a precursor of Monty Python's Flying Circus called At Last The 1948 Show - here's a YouTube link to the original:
https://m.youtube.com/watch?v=VKHFZBUTA4k



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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#503

Post by bob » Thu Aug 17, 2017 4:33 pm

KPBS: Superior Court Judge Gary Kreep Disciplined By State Panel:
The state Commission on Judicial Performance today issued a severe public censure of San Diego Superior Court Judge Gary Kreep, the highest level of discipline the panel can impose short of removal from office.

The commission determined that Kreep engaged in 29 acts of judicial misconduct between 2012, when he took the bench, and 2015.

Those acts of misconduct, according to the commission, included:

— Misconduct during his judicial campaign.

— Making numerous comments in the courtroom reflecting a lack of courtroom decorum and an appearance of bias.

— Acting out of hostility toward the San Diego City Attorney's Office after it filed a "blanket'' challenge against him.

— Soliciting legal opinions from counsel not on a case in front of him.

— Telling an African-American court employee that she should not say she did not win a Halloween costume contest "due to racism,'' or words to that effect.

In addition, the commission noted that Kreep's conduct had a negative impact on the administration of the San Diego County Superior Court at a time when the court was dealing with a budgetary crisis.

* * *

The commission noted that there was a significant drop in incidents of misconduct after Kreep's first year on the bench and after he was counseled by his supervising judges.
And, from the CJP's presser:
For instance, [Kreep] denied opposing President Obama in political fundraising letters he signed during his judicial campaign despite unambiguous language in the letters to the contrary . . . .

While observing that the number of incidents of misconduct and Judge Kreep’s failure to fully and honestly acknowledge the extent of his misconduct might warrant removal from office, the commission stated that other considerations persuaded it that a severe public censure was the appropriate discipline. Those considerations included that all but five of the 29 incidents of proven misconduct occurred either during Judge Kreep’s judicial campaign or during his first year on the bench and the evidence before the commission suggested that Judge Kreep had made efforts to reform his judicial style and behavior. . . . The commission also cited in mitigation that the masters who presided over the evidentiary hearing noted the testimony of attorneys who appeared before Judge Kreep in the unlawful detainer department, and described him as fair and respectful of litigants. The masters also found in mitigation that Judge Kreep was hard working and had helped reduce the backlog on default matters at the superior court. Further, the judge has participated in continuing education, and extracurricular court and community activities and committees.
The CJP's decision; of note:
CJP wrote:[Kreep] states that the letters did not urge anyone to vote for or against a political candidate, but rather simply urged Congress to investigate whether President Obama was a “natural born citizen,” and thus eligible to serve as president.

We agree with the masters that Judge Kreep’s argument that his letters did not oppose former President Obama’s reelection effort is disingenuous, and is belied by the plain language of the letters.
For :sterngard: :
Judge Kreep remained counsel of record in Liberi v. Taitz after he was sworn in as a judge. As noted by the masters, “[e]ven if Judge Kreep did not perform any legal work and did not make any appearance in Liberi v. Taitz, his status as local counsel allowed
Mr. Berg to continue to appear as counsel pro hac vice in the case. (Cal. Rules of Court, rule 9.40(a).)”

We conclude, as did the masters, that Judge Kreep did not exercise reasonable diligence in seeking to withdraw as counsel of record. For almost six months after he was elected, he simply relied on Mr. Berg to take care of the matter and did not file his own motion until three days before he was sworn in as a judge. Any delay in the court’s ruling on his motion was because Judge Kreep filed a deficient motion, and the deficiencies still had not been corrected more than a month later. Further, Presiding Judge Trentacosta twice urged Judge Kreep to take care of this matter promptly.

Judge Kreep violated the California Code of Judicial Ethics, canons 1, 2 [a judge shall avoid impropriety and the appearance of impropriety], 2A, and 4G [a judge shall not practice law]. We concur with the masters that his conduct constitutes improper action “ecause he made some effort to seek a substitution but did not use reasonable diligence.”

Bottom line: Still on the bench. But to bury the lede:
Commission members Mr. Richard Simpson; Anthony P. Capozzi, Esq.; Ms. Sarah Kruer Jager; Ms. Pattyl A. Kasparian; Nanci E. Nishimura, Esq.; and Mr. Adam N. Torres voted in favor of all the findings and conclusions expressed herein and in this order imposing a severe public censure. Commission members Hon. Ignazio J. Ruvolo, Hon. Michael B. Harper, Dr. Michael A. Moodian, and Hon. Erica R. Yew concur as to the factual findings and legal conclusions expressed herein, but dissent as to the order of severe public censure and would have ordered the removal of Judge Kreep from office. Commission member Ms. Mary Lou Aranguren did not participate.

It was a 6-4-1 decision for censure, with all three of the judges on the commission voting for removal. ("For completeness," the commission members' biographies.)

bob wrote:Kreep needs to convince at least six commissioners that he should keep his job, and it was obvious that several are already convinced that he should lose it.

Kudos to Kreep: he hit his goal.


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#504

Post by Sterngard Friegen » Thu Aug 17, 2017 4:57 pm

Glad that my complaint was of some service to the CJP, but sad Kreep wasn't dumped.



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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#505

Post by Suranis » Fri Aug 18, 2017 4:29 am

Kreep won't give a toss about the censure. All he will care about is that his ass is still on the bench. He will be back to the same tricks next week.


"I think its pretty troubling when a backyard decoration comes out swinging harder against Nazis than the President of the United States." - Stephen Colbert

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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#506

Post by bob » Fri Nov 17, 2017 3:31 pm

S.D. U.-Trib.: Disciplined judge often absent from courtroom:
San Diego Superior Court Judge Gary Kreep, publicly censured in August for his conduct on the bench by the state judicial discipline agency, has been frequently absent from his duties in a downtown courtroom the past several months.

For several years Kreep has been assigned to hear landlord-tenant dispute cases in a second floor courtroom of the central courthouse. But lawyers who regularly appear in that courtroom said he is on the bench only intermittently these days.

* * *

Under commission rules, a judge who is absent for more than 90 days in a 12-month period has to be reported to the state CJP by the presiding judge of the court where the judge works. [ . . . A] court spokeswoman said that Kreep has not been absent for more than 90 days over the past 12 months.

* * *

Kreep did not respond to requests for an interview sent via email and through the court.

The rules appear to give wide latitude to judges, who receive a salary of $200,042 per year as of July 1.

* * *

Kreep could be on a medical leave or dealing with medical problems.

During his disciplinary proceedings earlier this year he said he had back problems. . . .
Oh:
Kreep is up for re-election in 2018. He narrowly won his seat in an upset in 2012, defeating a career prosecutor by fewer than 2,000 votes.

The disciplinary proceedings and the public censure have made him vulnerable in the upcoming race. While rumors of potential challengers have circulated in the courthouse one is already in the race — Deputy District Attorney Matt Brower.

His campaign web page takes direct aim at Kreep. “I am running for Superior Court Judge on a platform of taking bias out of the courtroom,” he wrote.”I hope you will agree this sets me apart from the incumbent in my race.”

Brower said in an interview that he does not think Kreep has changed because of the discipline. “I’m not convinced he’s rehabilitated and is a different man now,” he said.
Brower's site.


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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#507

Post by RoadScholar » Fri Nov 17, 2017 3:39 pm

A $200K job where you can just not show up for 18 weeks in a year? :swoon:


The bitterest truth is healthier than the sweetest lie.
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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#508

Post by Sterngard Friegen » Fri Nov 17, 2017 3:45 pm

RoadScholar wrote:
Fri Nov 17, 2017 3:39 pm
A $200K job where you can just not show up for 18 weeks in a year? :swoon:
Why not? I know of a $400,000 a year job where we'd be thrilled if the officeholder never showed up.



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Re: HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

#509

Post by bob » Mon Nov 27, 2017 5:51 pm

East County Magazine: HEAR OUR INTERVIEW: JUDICIAL CANDIDATE TIM NADER:
In an interview originally aired on the East County Magazine Show on KNSJ radio, San Diego Superior Court Judge candidate Tim Nader discusses his experience and judicial values and views of our criminal justice system.

* * *

His opponent, Judge Gary Kreep, was censured by the State Commission on Judicial Performance , which found Kreep engaged in 29 acts of judicial misconduct. demonstrating lack of judicial temperament and ran his courtroom in a manner that suggested bias. Kreep made derogatory comments about women attorneys, minorities and people with cases him, among numerous other controversies.

* * *

On Judge Kreep, he notes that all sitting judges on the Commission on Judicial Misconduct voted to remove Kreep, but a narrow majority of non-sitting judges opted to keep him on the bench and censure Kreep “The standards are good and generally the system works fairly well,” Nader says. He sees the biggest flaw as the length of time it takes for cases to work their way through the system to address any issues with judges.


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