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 SearchFirst Name | Joseph W. |
Last Name | O'Flaherty |
Title | Judge |
Inquiry No. | 171 |
Court Level | Superior Court |
County/Appellate District | Placer |
Discipline/Determination | Public admonishment |
Decision By | Commission |
Date of Decision | 09/29/2004 |
Method of Resolution | Decision |
Types of Misconduct | On-bench abuse of authority in performance of judicial duties |
Petition For Review | Denied 2/2/2005 |
Summary | Judge O’Flaherty instructed prospective jurors to lie under oath during voir dire to get excused from service if they harbored racial bias but did not wish to admit it. The instructions constituted judicial complicity in lying in a courtroom and were incompatible with fundamental principles of the administration of justice. |
Documents | [ NOTICE ] [ ANSWER ] [ PUBLIC ADMONISHMENT ] |