Thursday, August 8, 2024

Personal Friends

A stipulated public censure of a judge has been ordered by the Oregon Supreme Court.

“On September 14, 2020, the Respondent had a conversation with a personal friend regarding the process to obtain a Family Abuse Prevention Act (‘FAPA’) restraining order. The Respondent informed the friend of the filing deadline if she wished to appear before a judge on the same day of the filing [of] a petition for a FAPA restraining order. The Respondent also informed the friend of the option to fill out the requisite forms online, how to create an account to do so, and explained the process to appear remotely for an ex parte restraining order hearing. The Respondent did not draft, prepare, nor file any documents for the friend.
 
“On or about September 14, 2020, the Respondent’s friend attended an ex parte hearing in front of another judge in Deschutes County and obtained the restraining order.“
 
“After the ex parte hearing in the FAPA Matter, the friend contacted the Respondent and stated that she felt she had been treated poorly by the issuing judge. The friend asked the Respondent how to go about dismissing the FAPA Matter. The Respondent told her friend she could take any action that she felt was in her best interest and then referred her to a local attorney for representation.“
 
“On September 20, 2020, the issuing judge came to the Respondent’s chambers and inquired into how she generally handled restraining order cases involving petitioners that appear to lack credibility. Based upon the information the issuing judge provided, the Respondent realized that the issuing judge was referring to the FAPA Matter with her friend. In response to the issuing judge’s comments, the Respondent vouched for her friend’s credibility, disclosed that she had made observations at the friend’s home that were consistent with the friend’s testimony, and told the issuing judge that her friend felt ill-treated during the hearing.
 
Respondent then complained about the issuing judge to the presiding judge.
 
A separate incident involved a "close personal friend" whose husband was found deceased by possible homicide.
 
She came to the friend's home
 
“The Respondent entered the house and encountered local law enforcement in the living room, while she remained in the room’s doorway. The Respondent intervened in the conversation with law enforcement more than once. The Respondent then asked her friend if she wanted a lawyer, to which her friend replied yes. The Respondent told the detectives, ‘She needs to have a lawyer with her’ and ended the questioning"
 
She admitted violating multiple rules of judicial conduct.
 
Central Oregon Daily reported on the matter
 

70-year-old Leonard Raymond Peverieri was killed Oct. 9 at his home on Los Serranos Drive just east of Bend. So far, no arrests have been made and no information on any suspects has been released.

District Attorney John Hummel confirmed to Central Oregon Daily News Wednesday that Judge Bethany Flint showed up while Peverieri's wife was being interviewed by deputies and spoke with her. Hummel said Flint and the wife are friends.

In a letter to Central Oregon Daily News on Tuesday afternoon, Presiding Deschutes County Judge Wells Ashby said Judge Flint told him the day after the incident that she had become involved, but he didn't go into specifics of how.

"At the conclusion of our discussion, I asked Judge Flint to have no further involvement with the investigation and she agreed. Additional steps were then taken to better understand the situation," Ashby wrote.

 
(Mike Frisch)
 

https://lawprofessors.typepad.com/legal_profession/2024/08/a-stipulated-public-censure-of-a-judge-has-been-ordered-by-the-oregon-supreme-court-on-september-14-2020-the-respond.html

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