State removes judge from bench

By: JOHN HALL - Staff Writer
Commission finds numerous examples of judicial misconduct against Robert Spitzer | Tuesday, October 2, 2007 11:11 PM PDT ∞

RIVERSIDE -- A Riverside County Superior Court judge has been removed from office for judicial misconduct.

The state Commission on Judicial Performance issued its ruling Tuesday, and by mid-morning Judge Robert G. Spitzer was no longer hearing cases in his downtown Riverside courtroom.

The judicial misconduct on which the commission based its decision includes backdating documents, falsely signing affidavits to get paid, getting improperly involved in cases and not making decisions on cases in a timely manner.

"We are left with no confidence in his ability to refrain from future misconduct," commission chairman, Orange County Superior Court Judge Frederick P. Horn, wrote in a 35-page report detailing the panel's decision. "The likelihood of future misconduct is a key factor in our decision to remove Judge Spitzer from judicial office. ... We have no confidence in his ability to conform to standards of judicial conduct."

Neither Spitzer, 58, nor his San Diego-based attorney, Reginald Vitek, could be reached for comment Tuesday.

The commission's decision came after a 9-0 vote. The panel is comprised of three judges, two lawyers and six members of the public. One member did not participate and there is one vacancy.

When determining the level of discipline for a judge, the commission's "ultimate objective is to protect the judicial system and the public which it serves from judges who are unfit to hold office," the report states.

The commission made its decision following hearings held earlier this year before a panel of three "special masters" in Riverside and San Francisco.

Neither the special masters nor the commission found convincing evidence to one count that Spitzer backdated documents to make it appear cases had been decided in a timely fashion, but found it plausible that documents could have been misplaced, based on the "complete state of disarray" of Spitzer's office and courtroom.

The removal of a sitting judge is rather unusual in California. This is the eighth time since 2001 that the commission has removed a judge. Before that, the state Supreme Court removed 16 judges ---- including involuntary retirements ---- from 1973 to 1998.

According to the judicial commission's Web site, Spitzer appears to be the first judge from Riverside County to be removed from office.

Spitzer was in the midst of selecting a jury for a kidnapping and sexual assault trial Tuesday morning when Presiding Judge Richard Fields went to Spitzer's downtown Riverside courtroom and had him step down.

"He is no longer hearing any cases," Fields said by telephone.

Fields said the loss of what he called such an experienced, valuable judicial officer is going to be difficult.

"He is one of the absolutely hardest working judges I've ever met," Fields said of Spitzer, who was appointed to the municipal court in 1990. Spitzer became a Superior Court judge in 1998.

Riverside County District Attorney Rod Pacheco called Spitzer's removal "tragically unfortunate."

While both were with the district attorney's office, Pacheco said Spitzer was his supervisor for a time. As a judge in 1996, Spitzer presided over Pacheco's last death penalty case and "did an excellent job," Pacheco said.

"He made a lot of significant contributions both with the DA's office and as a judge" over his career, Pacheco said of Spitzer.

"I don't disagree with the commission's decision," Pacheco said, adding that, for some reason, Spitzer "became much more eccentric" over the past few years.

"He's not an evil man by any means. Sometimes good people just do bad things," Pacheco said.

Spitzer's conduct was "most egregious," according to the judicial commission report, during a Lake Elsinore murder case he presided over in 2004.

Spitzer inappropriately involved himself in the case and also took part in communication he should not have with the mother of 13-year-old Kyle Reiber, the victim in the case, the commission found.

"Attempting to convince a mother whose child was killed by a drunk driver that her child's death was unintentional by reference to Penal Codes, legal terminology, and sentence calculations reflects an alarming lack of sensitivity in addition to being extraordinarily inappropriate and unjudicial," the commission report states.

Vondetrick Carr, the driver of the car carrying the boy, was charged with murder.

On May 27, 2004, the jury deadlocked at 11-1 in favor of Carr's guilt on the murder charge, resulting in Spitzer declaring a mistrial. It was then up to the district attorney's office to decide whether Carr would be retried on the murder count.

A month later, Spitzer met with the dead boy's mother, Kathleen Kavanagh, without attorneys for either side present. In October 2004, an arbiter found that Spitzer should be disqualified and not hear Carr's second murder trial because of doubts Spitzer would be able to be impartial.

In November 2004, a jury took less than 90 minutes to find Carr guilty of murder. Jurors found that he was intoxicated and had been speeding and driving recklessly before the crash. He was sentenced by Judge W. Charles Morgan to 44 years to life.

The judicial commission found that Spitzer had tried to use the mother to get the district attorney's office to prosecute the defendant for a lesser charge of vehicular manslaughter.

"I have never seen such a thing," Pacheco said of Spitzer's attempt to have Carr charged or plead to a charge less than murder.

Pacheco said judges have no right to charge a defendant or plea bargain cases.

"That's exactly what he was doing," Pacheco said.

Spitzer has a right to appeal the commission's decision, which becomes final in 30 days and is subject to a discretionary review by the state Supreme Court.

If Spitzer decides not to appeal or the appeal is denied, it would be up to the governor to appoint another judge to replace him, Fields said.

-- Contact staff writer John Hall at (951) 676-4315, Ext. 2628, or jhall@californian.com.

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Pre-Registration Comments[-]Go to Top

Roberto1 wrote on Oct 3, 2007 7:22 AM:So much for being a discretionary Judge...typical corrupt Riverside County....I'm sure we don't have all the coverup information either.-

Concerned-1 wrote on Oct 3, 2007 8:55 AM:Judges must be held accountable. We have too many like Spitzer who for what ever reason become impartial. We, the people, need to pay more attention and vote accordingly.

Alf wrote on Oct 3, 2007 9:35 AM:Well, "Concerned-1", didn't you mean "partial"?? Regards, Alf.

LJ wrote on Oct 3, 2007 9:54 AM:Monday I finished jury duty after sitting on a case for 7 days with Judge Spitzer presiding. He seemed well organized, impartial and extremely knowledgeable. He treated everyone in the courtroom with respect and I am absolutely shocked to read this story. It is extremely difficult to believe that he is being accused of being dishonest and that he showed "an alarming lack of sensitivity..." - that is not the man I saw in the courtroom.-

Chris wrote on Oct 3, 2007 10:18 AM:They should audit the Family law branch for judicial misconduct.

Tim wrote on Oct 3, 2007 10:37 AM:This is only one judge. I have a feeling there are a lot more out there just like him. Just like Concerned-1 said, "We need to pay attention and vote accordingly."

I walk the line. wrote on Oct 3, 2007 10:42 AM:They removed this judge for being disorganized. What about the many other judges that don't follow the law and even break the law. We need a thorough overhaul of the Riverside Family Courts and Riverside courts in general. I think the D.A. office is running the courts.

Concerned-1 wrote on Oct 3, 2007 11:27 AM:Thanks Alf I did mean partial and not impartial. Probably should have used another word. I think what happens to these judges is they get a feeling they are above the law and can't be fired for their actions. I would like to see the whole Superior Court System put to much greater scrutiny.

IGNORANCE IS A BLISS wrote on Oct 3, 2007 2:06 PM:Come on people, sounds like Riverside is cleaning house. I sure cannot say the same for San Diego County to the contrary our local DA cannot or does not have time for white collar crimes. We need to start by cleaning our local DA's office first. Then we can clean the rest of the county.

Hey wrote on Oct 3, 2007 3:31 PM:Only the one judge?

Been to traffic "court" wrote on Oct 3, 2007 3:32 PM:Where the judges act as prosecutors, the goal is to soak you, and police officers' word is holy writ, even though they can't remember any details regarding you out of the hundreds of supplemental tax bills... err "tickets" they handed out before and since? Our criminal justice system is totally broken. It doesn't deter criminals one whit, but it sure soaks the ordinary guy regularly.

Karl wrote on Oct 3, 2007 5:06 PM:To "Been to traffic "court" . Sorry to hear you got soaked in court. I have had the opposite experience. When my son was young (about 18) he told me that he had been ticketed for failure to yield to a police officer of all people. He said he was in the right and the officer was wrong. My first reaction was that my son was wrong, how could an officer be wrong. My son showed me the situation and he was right. I showed up to court with my son and provided scaled drawings of the intersection showing both vehicles. The officer testified as did my son and myself. After hearing all the evidence the judge dropped the charges.

Gus wrote on Oct 3, 2007 6:48 PM:Cleaning house reallly? They got rid of Commissioner Lori Lewis Hunt Kennedy by putting her on disability leave, but they never prosecuted her. And what about Commissioner Jim Bishop, Judge Warren, or Judge Mark Cope they also should be prosecuted for crimes committed on the bench. Don't even think about cleaning up the family court. There would be any one left on the bench in Riverside County.

FREE SPEECH wrote on Oct 3, 2007 8:58 PM:Wow I thought I was the only one who noticed the judges acting like prosecutors! If you think traffic court is bad try the civil division, the judges there team up against you and they will do what ever it takes to protect PUBLIC AGENCIES regardless of the crime. You don’t just hear the biased come out of their mouth and actions but their clerks are just as mean! The San Diego judges and clerks are the worst believe me I work there. Move over Burma the San Diego Court system has a hand up on you..

Roberto1 wrote on Oct 3, 2007 9:29 PM:Judge, jury and executioner are one and the same. Get out of line and see what happened to Judge Spitzer.

Green eggs and ham wrote on Oct 3, 2007 10:13 PM:In Riverside Family Court they have a habbit of calling people vexatious without a trial. The judge or commissioner makes a motion, acts as a prosecutor and the judge. It's their way of trying to shut letigants up and make them go away.

Justice for ALL wrote on Oct 3, 2007 11:29 PM:How about Judge THOMAS S HUDSPETH... has anyone ever listened to his completely BIASED jargon? I think it's time to look at all of the judges here, and let our State remind them that they are not above the law!

thankfully... wrote on Oct 4, 2007 6:19 AM:I personally have never had any experience with this judge but I have followed some of his cases through this newspaper & I have seen more than one where is definitely wasn't handling the case in a professional manner...I think this is probably a very good, well deserved decision just based on the few cases I have been able to read about, I am sure there are many more that would make it even more justified. Good job to all involved, I know it takes alot of "balls" to stand up to someone of his stature, good job indeed.-

heygus wrote on Oct 4, 2007 10:54 PM:It only takes one brave soul to fight for justice. Sometimes, we just need to be silent. ......now is the time to be silent. The whole systems needs to be overhauled.

Judge Benard. wrote on Oct 10, 2007 5:53 PM:Theres no professional courtesy here anymore!

Azarbaydjani wrote on Feb 29, 2008 2:53 AM:The comment by Justice for ALL attacks the character and reputation of California Judge who I know personally as a student of law. Judge Hudspeth is unequivocally one of the hardest working judges in the state of California. If you have a problem with a California judge, take your case to Commission on Judicial Performance, but attacking him or any other judge through the media doesn't do or mean didly squat!

Greg wrote on Jun 4, 2008 4:09 PM:No.. Spitzer isn't the only judge on the bench that violated his oath & affirmation. It is happening all too frequently these days and Riverside Co.is the tip of the iceberg.
Judges are now seen ' legislating' law from the bench and this my fellow Americans.. IS a most dangerous precedence that Our Founding Fathers Feared could happen and IT IS.
Case in point.. The recent CA. Supreme Crt. case, on Homosexual Marriage.

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