A California Superior Court judge has the distinct honor of being the first in her county to ever be removed from the bench for misconduct by the state’s Commission on Judicial Performance.
The Orange County Superior Court judge (Kelly MacEachern), a former county prosecutor, filed false and misleading expense claims for a legal conference in San Diego and then lied under oath when questioned about them.
In a scathing 7-3 ruling made public this week, the California judicial commission said Judge MacEachern engaged in willful misconduct when she misrepresented her attendance at a continuing judicial studies program in 2006. The commission based its decision on the results of a thorough investigation conducted by three masters appointed by the state Supreme Court.
The commission writes that “the lack of integrity manifested by her misconduct, compounded by her lack of candor in response to the commission’s investigation and deceitful testimony under oath before the masters compels our conclusion that removal is necessary to protect the public and maintain public trust in the integrity of the judiciary."
MacEachern is only the 24th judge removed from the bench in California since 1960 and, as previously mentioned, the first in sprawling Orange County. She was a former prosecutor in Orange County and nearby Long Beach before being elected to serve on the bench in 2003.
In 2006 the judge tried enrolling in a pair of classes at a weeklong judicial conference in San Diego but was denied a spot because the courses required judges to have at least eight years of bench experience. She did, however, qualify for a one-day class and was told the state would pay for her hotel stay.
MacEachern still submitted a request for education leave for the entire week and stayed at the hotel for three nights that did not qualify for reimbursement. Regardless, the judge submitted a travel claim to the county Superior Court seeking reimbursement for the three nights.
In its 25-page decision, the judicial commission points out that willful misconduct is the most serious basis for censure or removal of a judge because it is “unjudicial conduct that is committed in bad faith by a judge acting in his or her judicial capacity.” The panel actually called her conduct “manifestly unjudicial” because she failed to comply with her duty to uphold the integrity of the judiciary.













Comments
"Manifestly Unjudicial"
I find it interesting that this judge was removed for misconduct outside the court room. Don't misunderstand me, as I believe she was justly removed from the bench. I find it interesting because we have proof that lawyers, prosecutors and judges willingly participated in a fabricated criminal trial and a subsequent cover-up. Not only did they break a number of state and federal laws in the process, they also denied us our Fifth, Sixth and Seventh Amendment rights. We've turned our evidence over to county prosecutors, state investigators, the ACLU, the State of Michigan Law Review Board, the FBI and the U.S. Attorney's office for eastern Michigan. To this day, no one has started an investigation. Apparently, maintaining the "public trust in the integrity of the judiciary" isn't important in Michigan. Anyone interested in reading about our situation, go to http://cdbaby.com/cd/amateurtrash4 and read "Small Town USA and the Frog & Spider Ballet."
Orange County Superior Ex Judge Kelly MacEachern
Just found this satirical cartoon of Orange County Superior Ex Judge Kelly MacEachern. It can be found at:
http://www.ethankolasinski.com/Orange_County_Superior_Court_Ex_Judge_Kel...
Enjoy!
Tip of the Iceberg in OC Judge Removal
They want us to believe that Kelly Macearchern was removed for padding her expense account for a few hundred dollars. This is just the tip of the iceberg.
MacEachern "fixed" a case involving the civil rights of millions of Californians. It has to do with recently enacted laws that keep unlawful detainer proceedings secret for 60 days. That is sufficient time to finalize the proceedings so that no judicial review is possible even after the proceedings become public.
This is like the "double secret probation" in Animal House. It involves treating "tenants" in California like Guantanamo "terrorists" in secret FISA proceedings. The only trouble is that the Guantanamo "terrorists" have more rights and more attorneys. We need help to expose the cover-up by Kelly Macearchern.
Gary Michael Coutin, Esquire
Life Behind the "Orange Curtain"
Yes Virginia, there is accountability. Well, at least a sliver of hope. The California Judicial Council, Commission on Judicial Performance, removed Orange County "municipal" court judge Kelley MacEachern from the bench for "lack of integrity". Having experienced MacEachern in action, in the first-person (a so-called "interested party"), this comes as no surprise. I have personally witnessed (and suffered) from this judicial misconduct. Cheating on an expense report is one thing. "Fixing" cases is quite another. In the former, the County of Orange is the victim. In the latter, then entire County judicial system is sacrificed. Which is the greater crime? Or, is this action by the Judicial Council as much symbolic as substantive? In my case, this judge refused to recuse herself upon my motion to disqualify for cause. Then, as if that wasn't enough, went on to rule against me for a motion I never filed, and was never before the court. Finally, in an act more fitting for the infamous jurist Roland Freisler, faxed a secret order to the Orange County Sheriff with her orders. Mind you, this judge has no jurisdiction to decide my case (the matter was before the Appellate Division of the Superior Court at the time of her ruling). Such "trivial" details are of no consequence. Her bogus ruling still stands today as testimony to much greater, systemic dysfunction.
Anyone who has come before this judge and has cause to doubt her "integrity", should re-open their cases and forward their legal bills to the County of Orange. Those who fit this criteria should email me at : moseybear@gmail.com
The most degrading
The most degrading experience of my life was going before a federal judge in a civil lawsuit. Dear God, America is in trouble. The civility the court demands from participants was thrown out the window by the judge himself. I had no idea judges behaved like this guy. If the way he acted and spoke had been videotaped, he would be history. This is a highly respected judge, too. He enjoys a fine reputation. He was profoundly disrespectful, unprofessional and pulverized my faith in our judicial system. If I had done anything deserving of his harassment, I would apologize.
Re- "The most degrading"
Yes, America is in trouble. Too bad there isn't a site where the average citizen can go and post information about judges, prosecutors and lawyers who act criminally or otherwise unethically. Oh ... wait a minute ... there is. It's called Judicial Watch. Thank you, Judicial Watch.
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