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.