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CJP Publicly Admonishes Ex-San Diego Judge for Bias, Misrepresenting Prior Discipline

By a MetNews Staff Writer

HOWARD H. SHORE

former judge

Former San Diego Superior Court Judge Howard H. Shore yesterday drew a public admonishment by the Commission on Judicial Performance for making statements, during hearings on motions brought under the Racial Justice Act, which questioned the wisdom of the Legislature in enacting the law, expressed skepticism about the existence of systemic racism, and used a racial slur in a hypothetical he posed to an expert witness.

Noting that the comments were largely irrelevant to the issues before him, the commission concluded that they were “undignified, discourteous, and offensive” and could be “reasonably perceived as bias, prejudice, or harassment, based on race.”

The commission also found that he made misrepresentations to attorneys with the San Diego County Public Defender’s Office regarding the facts underlying a December 2023 severe public censure, in which he was reprimanded for taking off, without authorization, every Friday for more than a year.

Explanation Given

Before the commission issued its 2023 order imposing severe public censure, Shore asked to meet with then-Acting Public Defender Katherine Braner (now the executive director of a public interest program at Yale Law School) and Chief Deputy of the Alternate Public Defender Megan Marcotte.

He expressed to them that his granddaughter, who lived in Los Angeles, suffered from a serious medical condition, which was particularly upsetting to him because his wife had given birth to a stillborn daughter. Shore told the defense attorneys that he could not “let another little girl die,” and so he traveled to Los Angeles every week to help his family.

Because he is an Orthodox Jew, he told them that he was unable to drive on Saturdays and had to leave work early on Fridays for “a couple of years” without telling anyone.

Noting that “[h]e did not tell Ms. Braner and Ms. Marcotte that he was absent every single Friday between May 28, 2021, and November 18, 2022; that he was absent for 155 days; or that his improper absences exceeded his available vacation time by 87 days,” the commission concluded that the statements amounted to a lack of candor.

Aggravating Factor

In deciding to issue yesterday’s public admonishment, the commission considered Shore’s prior discipline to be a significantly aggravating factor.

Shore retired in January after 35 years on the bench. His retirement came after he was reassigned from hearing criminal cases to presiding over civil matters.

He earned his law degree from the University of San Diego and served as a deputy district attorney for 16 years before his appointment.