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. | 188 |
Court Level | Superior Court |
County/Appellate District | Placer |
Discipline/Determination | Censure |
Decision By | Commission |
Date of Decision | 09/23/2010 |
Method of Resolution | Decision |
Types of Misconduct | Bias/appearance of bias not directed toward a particular class Failure to ensure rights On-bench abuse of authority in performance of judicial duties |
Petition For Review | Denied 3/16/2011 |
Summary | Judge O’Flaherty was censured for engaging in willful misconduct, the most serious form of judicial misconduct, through his intentional disregard of the law, abuse of authority, embroilment, and failure to accord a litigant his right to be heard. In December 2008, after ordering his bailiff to retrieve a small claims plaintiff whose case had been dismissed and who had left the courtroom, Judge O’Flaherty ordered the litigant to have no contact with three women and to stay away from a credit union without complying with any of the procedural requirements for the issuance of a restraining order and without affording the small claims plaintiff who was the subject of the order notice or an opportunity to be heard. |
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