OC judge to be removed from office — first time ever
June 26th, 2008, 10:28 am · 39 Comments · posted by Rachanee Srisavasdi
The state’s Commission on Judicial Performance ordered today that Superior Court Judge Kelly A. MacEachern be removed from office because she engaged in willful misconduct — the first time an Orange County jurist has been ousted from office.
MacEachern, a former prosecutor who has served on the bench since 2003, is being forced out of office for allegedly lying to get more than $200 in hotel reimbursement for a 2006 judicial conference in San Diego.
The commission voted 7 to 3 to remove the judge.
“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 … compels our conclusion that removal is necessary to protect the public and maintain public trust in the integrity of the judiciary,” the commission wrote.
“However, we are concerned that the traits and lack of judgment that led to the misconduct in this case could lead to future improper actions demeaning to the esteem of the judiciary,” the commission also wrote. “This is a risk we cannot run and still fulfill our responsibility to protect the public and the reputation of the judiciary.
The commission — which oversees state judges’ conduct — has the power to remove or publicly rebuke judges. Its director, Victoria Henley, said today that MacEachern is the first Orange County judge removed from the local bench. Fewer than 25 judges have been removed from office since the agency’s inception in 1960, she added.
MacEachern could not be immediately reached for comment. Paul Meyer, her defense attorney, said she plans to appeal the decision to the state Supreme Court.
“I believe review is merited,” he added.
Read the commission’s decision here.
Also, here are some past stories on MacEachern:
Orange County judge testifies in own defense
O.C. judge accused of lying on expense report
What do you think? Take our poll.
June 26th, 2008 at 10:52 am
I think that everyone representing the law should immediately be fired if they willfully break the law. In addition, they should be prosecuted. This includes law enforcement officers too. They must be held to the highest standards if they are to receive any respect.
June 26th, 2008 at 10:58 am
How can she be trusted to sit in judgement of others when she’s nothing but a common theif. Okay she’s a lawyer yes but they’re supposed to be too smart to get caught. Less than Honerable Kelly A. MacEachern you should be ashamed of yourself. Little kids should throw rocks at you. All of the cases you have sat on should be reviewed.
June 26th, 2008 at 11:31 am
This is nonsense. Doesn’t the commission have better things to do? I wonder how much of our money they spent trying this case. I’ll bet it was more than $200. Maybe they wanted to come to Southern CA, and Orange Co in particular so they could go to Disneyland on our dime.
June 26th, 2008 at 11:40 am
Ad Comm. VOGL to the list
June 26th, 2008 at 11:58 am
I’ve personally experienced judicial misconduct twice while living here in OC. First, I had a traffic court judge, Flynn, completely disregard the text of the VC and apply his own personal interpetation in ruling against me. Not one person appearing that day prevailed. Statistically, that seems improbable. Secondly, I had a Small Claims judge again completely disregard the letter of the law in ruling in favor of a retalitory rent increase, claiming that the points of law that supported my position were just ‘technicallities’. I have yet to see a single OC judge display the slightest bit of integrity. More likely, this judge didn’t kiss someones’ ass, and they’re just using the expense issue as a way of getting her. OC judges and integrity are an oximoron.
June 26th, 2008 at 12:40 pm
It sounds like it’s a lot more than the $200 hotel tab. It sounds like she tried to cover it up, and went to great lengths to do so.
Nixon, after all, was impeached not because of the Watergate break-in, but because of lying about it afterwards.
If a judge cannot be a paragon of honesty, integrity, and ethics, then they have no business judging the rest of us sinners.
June 26th, 2008 at 12:52 pm
This is quite hillarious. I wonder what this woman judge did to turn her colleagues against her? I always thought it was an acceptable practice for government workers to lie on expense reports. I remember when they found porn on that one judge’s computer (forget his name) and he was recommended for another term by many of his colleagues. I believe it was the citizen recall that quashed his chances. He was still popular within the halls of justice. So we would really like to know about the office politics behind this one. No doubt it offers a very entertaining story.
June 26th, 2008 at 12:54 pm
“Fewer than 25 judges have been removed from office since the agency’s inception in 1960…” It seems to me that the commission isn’t doing what it is supposed to do. I find it really hard to believe that there are less than 25 judges in 48 years that needed removal from the bench.
If this judge lied and continued to lie then she needed to be removed. It sure seems to me that there are more out there that have done much worse though. What has happened to them?
June 26th, 2008 at 1:36 pm
These lawyers are the ones that tarnish the integrity of the legal profession and the legal system. Kelly MacEachern, Johnny Sutton, Alex Kozinski, Dale Coventry, Stephen Yagman, Jamie Kunz, Joe Cavallo, Eliot Spitzer, Johnnie Cochran,… Remember that judge who was using a pump on his genital during court session?? And remember that judge who approved and authorized the shipment of our traffic tickets (with all of our personal information on it) to Mexico for data entry?? Talk about identity theft.
That’s why the John&Ken show did what they did in instructing the potential jurors to lie on the questionnaire so they could get into the jury box and convict Mike Carona. You just can’t trust these lawyers.
June 26th, 2008 at 1:40 pm
She should be disbarred also.
June 26th, 2008 at 2:22 pm
She’s a start…but how about removing corrupt family law judges like Judge Nancy Pollard! Forget the $200 this judge stole. Pollard is stealing children’s lives!
June 26th, 2008 at 2:48 pm
I think it’s time for Playboy to do “Girls Of Superior Court spread.
June 26th, 2008 at 2:58 pm
You gotta be kidding me. She was removed because of a $200 discrepency in her expense report? Judge Ronald Kline was found with CHILD PORN on his computer (Which was VPNed to his bench computer) and he wasn’t ever removed. Glad to see this commision has it’s priorities straight!
June 26th, 2008 at 3:22 pm
This seems extreme over something so small for someone who has never been in trouble before.
I remember reading about Judge John Watson, who used his courtroom sheriff and court secretary like enforcers to collect rents from tenants and scared them by telling them how much influence he had. He had been in trouble before, too, and nothing happened to him. I googled him and found out that in 2002 he was making all the lawyers and witnesses in his court say whether they were HIV positive! For no reason at all!
Then there was the Brooks guy who kept calling all the Hispanic people in his court “Paco” and had all sorts of other problems too, including being so rude to a lady lawyer in his court during her trial that the court of appeals overturned him for it. But they didn’t take him off.
I smell a rat. Sounds like The Boys had powerful people protecting them and she had powerful people out to get her. The same ones, maybe?. I would like to know about the backdoors moves by the higher ups at that court. Who ever is in charge knows the real story. But you can just tell from how different she got treated.
June 26th, 2008 at 4:25 pm
The August 07 article seems more “scandalous” than this article ~ four days of a hotel versus one ~ something here just doesn’t smell right. And the poll results do not reflect these comments (as of 4:25PM).
June 26th, 2008 at 4:49 pm
the truth is I have seen this judge in court . she is not honest nor truthful. I have seen her make decision and accusation . without reason or just cause . i guess it all finaaly caught up to her
June 26th, 2008 at 4:55 pm
Froggman,
You are right about Kline without a doubt, but the point here isn’t the amount of money, it’s that she lied, and lied, and lied some more…
The other crack up about our Judges is how many have been convicted of DUI’s, some with injuries to others…Too many to count!!
Ahhhh, the O.C
June 26th, 2008 at 5:30 pm
When she was in the DA’s office, she wouldn’t give a break or benefit of the doubt to any defendant in pre-trail hearings. She wanted everyone to plead guilty to the charge because she operated from the position that they were all crooks and liars, and deserved what she wanted to give them. ie Jail, large fine, long probation. lifelong record
.
I guess “what goes around comes around.” She shouldn’t get the “break” that she never gave anyone else who made a mistake in life. She’s a crook and liar and should be disbarred.
June 26th, 2008 at 5:43 pm
This is outrageous!
She was persecuted for a $200 expense report error she was not even paid for? It even states she withdrew her claim and has never been in trouble before! This seems like a witch hunt to me.
How much did it cost the taxpayers for the airfare, hotels and time of those “holier then thou” commissioners who sat in judgment of her? A lot more then $200!!!! (Those who live in glass houses should not throw stones)
The politics behind this has got to be the real story. Based on this, they should do an audit of all the judges expense reports. I am sure a lot of “fudging” can be found. We should then follow suit and remove all of them as well!
As you can see from the numerous other responses, there are judges that have done far worse things and they remain on the bench.
She has clearly been singled out for other reasons and this is just wrong!!! There should be an investigation into that!
What is wrong with this picture??
June 26th, 2008 at 6:40 pm
For 200 dollars, she sold her soul, hence, what it takes for “not guilty” verdict !
The judge who came from the background as prosecutor is always bad for the court. Never put the prosecutor in the
judge seat as they are hungry for power and are thirsty for
abusing their power
June 26th, 2008 at 7:44 pm
Well the funny part being a conference in San Diego featuring judicial ethics. San Diego doesn’t have a strong history of ethical judges.
see
http://www.signonsandiego.com/news/metro/20070609-9999-1m9fraud.html
or
http://www.metnews.com/articles/Malk0506.htm
June 26th, 2008 at 8:19 pm
WHO CARES????? THIS DOES NOT SAY ENOUGH ABOUT HER CHARACTER, DEFINITELY NOT ENOUGH TO FIRE HER!! EVERYONE CHEATS….WHETHER IT IS THEIR TAXES, NOT PAYING FOR SOMETHING AT THE STORE, SNEAKING INTO AN EXTRA MOVIE, ETC. GIMME A BREAK! YOU PEOPLE NEED TO DUST OFF YOUR HALOS!!!!
June 26th, 2008 at 8:51 pm
If I did that at my work, I’d lose my job. So should she. Her job just happens to be a judge.
June 26th, 2008 at 9:31 pm
It’s classic Scott Stiener is quoted, seeing as how he was “in bed” (non-sexual inference, although..???) with MacEachern. He’s just as much of a vindictive and biased prosecutor as MacEachern was judge. She barely won her seat, and never should have been there in the first place. Nor should Stiener be where he is. Actually, he’s in the perfect spot, since the Orange County District Attorney’s Office routinely breaks the law for the purpose of obtaining legal victories. Their M.O. on how to win the game is to cheat, lie, or break the law. They just never bust themselves for it. Same goes for the crew of corrupt Judges that are scattered throughout the O.C. Superior Courts (In no way am I saying all Judges are bad). Let me guess Stiener….you want to be a Judge too. You are too biased to be a Judge, and I hope it never happens if you desire it. When Stiener says “it’s a shame when we lose judges such as her.” “we” means the D.A.’s office, not the public. Good riddance Ms. MacEachern, may your appeal fail horribly.
June 27th, 2008 at 12:33 am
Folks…especially here in orange county court justice there needs to be audio tape record of court proceedings, because evidence of innocence can be removed deleted altered and tampered with from court record with an immediate conference in the back hallway. Your right to correct the record can be obstructed by these same assigned court employees. As long as the evidence of innocence is concealed and covered up they can follow up by setting-up framing rigging fixing planting false evidence in a printed document for the jury to use against the accused and be convicted. Investigation and exposure of gross injustice needs to be done. Rigged scales of justice doesn’t get any better than this.
June 27th, 2008 at 4:55 am
I’ve been a lawyer for almost 24 years. My practice has always included criminal defense. The penalty may seem harsh, but when you consider it is a judge who has not only engaged in the dishonest acts that led up to her being confronted, but then she continued the deception with outright lies to a court administrator, this reveals a deep lack of integrity that is unusual—especially one who is in a position of trust and with awesome authority over the lives of others.
The hypocrisy implicit in her actions and her position demands a severe response. I wouldn’t be surprised if the bar doesn’t discipline her as well, possibly with a public reprimand and several years of probation. I knew her as a prosecutor, and I can’t say I’m surprised at what has occurred here.
June 27th, 2008 at 9:47 am
Way to leave your mark Ms. MacEachern. Kudos.
June 27th, 2008 at 1:11 pm
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_Kelly_MacEachern.html
Enjoy!
June 27th, 2008 at 4:03 pm
You have got to be kidding??? The sentence hardly fits the alleged crime. How do any of you know she was not set up?
Even criminals get a better break then this for a first offense.
This is like giving the death penalty for shoplifting.
Give me a break!!
June 27th, 2008 at 9:06 pm
Ethankolasinski,
I love you man….You are the only one I’ve read that recognizes Scott Stiener for the pos he is….He of all D.A’s is in the Special Handling Unit.
Here is a D.A that got away with it (a crime), and now decides on prosecutions of others and gives his spoon in the mouth speak whenever he can….Typical O.C….The good ole boys!
I can’t wait to reveal the truth about this guy when he and his daddy allows him to step up….Punks!!!
June 28th, 2008 at 3:28 pm
FORMER Judge Kelly MacEachern deserves to be removed from the bench. This is NOT her first act of judicial misconduct. This is the FIRST time she got CAUGHT! Kelly MacEachern is ARROGANT and thought she was above the law. BRAVO to the Judicial Commission. The Harbor Justice Court seems to attract bad judges.
Kelly MacEachern can spend her empty days hanging out with FORMER Judge Suzanne Shaw. She plead guilty to judicial misconduct charges, which got her barred from handling lucrative judicial assignments after her retirement.
Thank you Judicial Commission!
June 29th, 2008 at 1:41 am
I have been a criminal defense lawyer in O.C. for many years, knew Kelly when she was a D.A., appeared before her as a judge. She was a good judge and did not deserve this punishment, should have gotten a public reproval and let it go at that. It may have gone this far because Presiding Judge Nancy Stock felt she had been lied to. It’s a real shame.
June 30th, 2008 at 10:01 pm
http://www.kellymaceachern.com/
July 1st, 2008 at 10:21 am
Judges have the ability to take peoples lifes and make major decisions that affect peoples lives based on their judgements. Their judgements need to start with pure honesty, and not just in their professional life but also in their personal life. Their duties that they have sworn to uphold did not give them a job but a way of life and life style. No probation here! Great decision by the commisioneers.
July 1st, 2008 at 1:14 pm
Learn more about the former judge at:
http://www.kellymaceachern.com/
July 3rd, 2008 at 10:36 am
See more at http://www.FamilyLawCourts.com/domestic.html
July 3rd, 2008 at 12:47 pm
Someone needs to start a recall against Nancy Pollard. This judge is a scitzo and discriminates against men. It does not matter what evidence is there to save the mans ass, this judge steals children and then claims I didn’t know. Hog wash. Removal from the bench is to good. How about all the familys and childrens lives she has damaged. She should be in Federal prison for abuses.
July 8th, 2008 at 1:16 am
..do you mean schizo perhaps? I sympathize if your allegations are true. As well, Kelly MacEachern should not only be disbarred, but criminally tried for perjury if the Commissions allegations are true.
Ethan Kolasinski
July 14th, 2008 at 12:54 pm
Well it’s the Fault of the VOTERS who don’t oust these judges. Pay it forward and make a report on these judges at http://www.USAjudges.com so come election time, voters can determine whether they should be off the bench or not. This is not rocket science folks. Judges don’t police themselves any better than the police do.