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Judge Retires, Is Spared Forcible Removal by Commission

Kreis, Who Sat in Humboldt Superior Court, Draws Censure, Is Permanently Barred From Judicial Office

By a MetNews Staff Writer

GREGORY J. KREIS

Former judge

The Commission on Judicial Performance yesterday filed an order censuring a former Humboldt County judge who retired from the bench the day before, as part of an agreement that spared him a forcible removal from office.

Then-Judge Gregory J. Kreis on April 21 executed a stipulation in which he said:

“I consent to a public censure: agree to irrevocably resign from judicial office, effective May 27, 2024; and agree not to seek or hold judicial office, accept a position or an assignment as a judicial officer, subordinate judicial officer, or judge pro tern with any court in the State of California, or accept a reference of work from any California state court, at any time after May 27, 2024….”

Kreis, who was appointed to his post in 2017 by then-Gov. Jerry Brown, lost to a challenger in the March 5 primary, a former deputy public defender, April Van Dyke, who garnered more than 60 percent of the vote.

17 Counts

He admitted the allegations against him, comprised of 17 counts. The initial accusatory document contained 19 counts and Kreis, in a verified answer filed Feb. 23, for the most part denied the accusations.

An allegation as to anti-Semitic barbs by Kreis, originally contained in Count One, did not appear in that count as it is recited in yesterday’s decision and order, and a count relating to purported sexual misconduct at a party is omitted.

The decision and order declares:

“Much of Judge Kreis’s misconduct relates to his failure to disclose his relationships with seven attorneys; his familiarity with individuals involved in matters before him; or the extent of his relationships with the individuals, in at least 44 cases over which he presided. This type of misconduct is serious.”

Sexual Misconduct

It goes on to say:

“The commission takes particularly seriously the misconduct stipulated to in Count Thirteen (grabbing a female acquaintance’s buttocks after she had explicitly told him not to do so). Sexual misconduct severely undermines public esteem for the integrity of the judiciary. Treating women disrespectfully, including unwanted touching, reflects a sense of entitlement completely at odds with the canons of judicial ethics and the role of any judge. Sexual misconduct has no place in the judiciary and is an affront to the dignity of the judicial office….

“Additionally, Judge Kreis’s conduct in treating attorneys and litigants poorly; making inappropriate, sarcastic, and gratuitous comments to them; and improperly threatening to report an attorney to the State Bar. undermines public perception of the integrity and impartiality of the judiciary. Everyone appearing before Judge Kreis should be assured that he would dispense justice fairly and respectfully. His conduct and remarks did not inspire confidence that he would do so.”

The document notes that a factor in aggravation is that Kreis received an advisory letter (also known as a “stinger letter”) in 2018 based on saying of a defendant at a sentencing hearing:

“He’s a dirtbag of the highest order....What’s kind of burning me up right now is the fact that he was paid more than I’m paid, to sell cars, and then he stole money on top of it. How pathetic is that? “

He then told the defendant:

“You are really a piece of work.”

Omitted Allegation

The “notice of formal proceedings, filed Feb. 2, contains an allegation in Count One that on May 25, 2019, Kreis attended the “Fifth Annual Antlers Campout,” that he boarded a boat, “drank alcohol, appeared to be intoxicated and, on multiple occasions” called then-Deputy Public Defender Rory Kalin a “Jewboy,” and, although Kalin was attired in street clothing, pushed him into the water. Kreis also purportedly later asked Kalin’s wife, in a loud voice, “Where’s your girlfriend?” referring to her husband.

Kreis said in his answer:

“While Judge Kreis does acknowledge consuming alcohol during the event, he denies that he was ever intoxicated on the boat as alleged. Judge Kreis never called Mr. Kalin ‘jew boy’. In connection with Mr. Kalin’s civil litigation, other than perhaps Ms. Kalin and Rory Kalin, no other witnesses we have interviewed verify that Judge Kreis referred to Mr. Kalin as ‘jew boy’. Perhaps this is an imagined statement since the witnesses all confirm that Mr. Kalin was into the heavy use of cannabis products during the event, and over-using prescribed medications.”

Count One, in the end, merely says that on May 28, 2019, Kalin appeared before Kreis in 10 cases and did not disclose a social relationship with the lawyer.

Kalin sued Kreis over the alleged incident on March 6, 2020, and the lawsuit was settled.

Alleged Sexual Misconduct

In Count 15, Kreis was accused of sexual misconduct toward the hostess at a party. In his answer, Kreis said:

“The allegation that Judge Kreis ‘went into Ms. Carter’s bedroom while she was sleeping, pulled down your pants, and had your penis out and near her face as you tried to awaken her’ is offensive, false and therefore denied.”

The count does not appear in the final version of the allegations.