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

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First Name James R.
Last Name Wagoner
Title Judge
Inquiry No.
Court Level Superior Court
County/Appellate District El Dorado
Discipline/Determination Public Admonishment
Decision By Commission
Date of Decision 09/13/2011
Method of Resolution Decision
Types of Misconduct On-bench abuse of authority in performance of judicial duties
Abuse of contempt/sanctions
Petition For Review
Summary While presiding over a calendar in his second floor courtroom that morning, the judge learned that an individual was downstairs in the courthouse lobby, reportedly using her cell phone to take pictures or videos of people in the lobby who were involved in dependency proceedings on the first floor. The judge recessed the proceedings in his court, removed his robe and proceeded to the lobby with two bailiffs. When the judge contacted the individual in the lobby, he ordered her to immediately report to his courtroom for a hearing concerning her conduct in the courthouse that morning. The individual, who was not involved in any matter pending before Judge Wagoner, did not comply with the judge’s order. After repeating his order and a warning that she would be held in contempt if she did not comply, the judge directed the bailiffs to arrest her for contempt. She was handcuffed and escorted to a jury room on the second floor where she was held for approximately 40 minutes and then transported to jail. She was in jail for approximately three hours before she was able to post bail. The judge subsequently found her guilty of direct contempt and sentenced her to five days in jail, with credit for one day served and staying the other four days for one year on the condition that she obey all laws “and all lawful orders and directives of the court.”
Documents

[ PUBLIC ADMONISHMENT ]