Public Decisions Database
This database contains decisions on all public judicial disciplinary cases since the inception of the commission in 1960. Cases not involving public charges or public discipline remain confidential under the California Constitution and the commission’s rules.
Pursuant to amendments to the Constitution, which took effect in March 1995, the commission is authorized to impose all disciplinary sanctions, subject to discretionary review by the Supreme Court. Prior to that, the Supreme Court had the authority to censure or remove judges from office upon recommendation by the commission.
Case Profile
New Search| First Name | Brett Carroll |
| Last Name | Klein |
| Title | Judge |
| Inquiry No. | 187 |
| Court Level | Superior Court |
| County/Appellate District | Los Angeles County |
| Discipline/Determination | Censure and bar |
| Decision By | Commission |
| Date of Decision | 02/02/2010 |
| Method of Resolution | Stipulation |
| Types of Misconduct | Bias/appearance of bias not directed toward a particular class Demeanor/decorum On-bench abuse of authority in performance of judicial duties |
| Petition For Review | |
| Summary | On January 16, 2009, Judge Klein presided over a hearing for final approval of a class action settlement, Jacqueline Cohen et al. v. Windsor Fashions, Inc. The case was assigned to another judge who was absent that day but had previously certified the class and granted preliminary approval of the settlement. At the hearing, Judge Klein engaged in a pattern of sarcasm and improper remarks toward the attorneys. He took the matter under submission and thereafter changed the proposed final order submitted by the parties to provide that payments to the class representative and class counsel would be in the form of $10 gift cards redeemable at the defendant women’s clothing store, a change Judge Klein had not mentioned during the hearing. The judge then emailed his decision to a newspaper. Judge Klein later ordered reconsideration of his ruling and set the matter for hearing before the judge assigned to the case. The Commission found that the “highly unorthodox manner” in which Judge Klein modified the order to provide for the payment of fees in $10 gift cards and transmitted his order to the press displayed bias and embroilment and gave the appearance of grandstanding. His conduct also constituted an abuse of authority. The judge also failed to be patient, dignified and courteous to those appearing before him. Because Judge Klein has previously received both private and public discipline for similar conduct, the Commission found that the misconduct in this case demonstrated a continuing “course of conduct establishing a lack of temperament and ability to perform judicial functions in an even-handed manner.” To protect the public and the integrity of the judiciary, the Commission concluded that the sanction of public censure and bar from holding judicial office or receiving judicial assignments was appropriate. |
| Documents |