On Nov.
17, the Commission on Judicial Performance ordered Ross, a judge
since 1999, removed from office.
The commission found that Ross:
• Committed willful misconduct
by adding charges-for which there was no factual basis-against a
defendant, arraigning her without counsel present, and summarily
remanding her to custody; by disregarding another defendant's right
to counsel, becoming embroiled in the case and acting in a prosecutorial
role; by revealing on a public television program information he
had learned while presiding over a confidential juvenile matter;
and by participating in the filming of a pilot for a television
program which was "degrading to the judge and all the participants"
in the course of which his name and title were used for promotional
purposes and he arbitrated actual disputes.
• Engaged in prejudicial misconduct
by disregarding another defendant's right to a formal probation
violation hearing and continuing the proceedings in the absence
of counsel;
• Engaged in improper conduct
by making ex parte telephone contact with a defendant, and by making
prejudicial comments about a Northern California sex offender case
during an appearance on public television.
• Violated no canons of judicial
ethics by speaking on a radio program about a statewide ballot proposition
during courtroom hours, participating in a community outreach program
different from the one for which he had obtained an approved leave
without notifying the court of the change, or by commenting in what
the commission found to be a neutral manner on the issues involved
in the case of two Inglewood police officers accused of abusing
a suspect.
In a 9-0 decision, the commission said removal from office was appropriate
because of the number of instances of misconduct and the judge's
lack of candor in his dealings with the commission.
Ross, who was elected to the Inglewood Municipal Court in 1998 and
became a judge of the unified Superior Court in January 2000, can
petition the California Supreme Court for review, and is currently
suspended without pay.
Ross admitted that in one case, he inappropriately ordered a traffic
court defendant jailed because he believed she had provided false
information about her identity, and that in another matter, he improperly
interrogated an unrepresented defendant after the man said he wanted
to consult with an attorney.
Ross also acknowledged problems with his 2002 arrangement with a
production company for a show to be called "Mobile Court."
Ross was to resolve small claims cases, with the parties stipulating
to be bound by his rulings.
In making the deal, the masters said, Ross violated Canon 2B(2),
which provides that a judge "shall not lend the prestige of
judicial office to advance the pecuniary or personal interests of
the judge or others."
Ross' attorney and agent testified that his name and title were
not supposed to be used in connection with the presentation. Ross
said he unintentionally violated the ethics code by signing arbitration
awards in favor of the winning "litigants," since judges
cannot engage in private alternative dispute resolution, but denied
that he abused his office by participating in the effort to sell
the program.
The charges rejected by the masters involved appearances by Ross,
a former prosecutor, on the KCET public television program "Life
and Times Tonight" during 2001 and 2002. Ross, a frequent guest
on the public affairs discussion program, gained a seat on the Inglewood
Municipal Court in 1998 by defeating Judge Lawrence Mason and became
a Superior Court judge upon unification in 2000.
Among the canons of the Code of Judicial Ethics violated by the
four appearances, the CJP asserted, is Canon 3B(9), which says that
a judge shall not shall not "make any public comment about
a pending or impending proceeding in any court."
Both of the unauthorized absence allegations also related to public
appearances made by the judge.
Ross testified that his television appearances were consistent with
the California courts' efforts to educate the public on the judicial
process and noted that other judicial officers had appeared with
him or on similar programs. He also contended that the restrictions
on judicial comment on pending cases are unconstitutional.