St. Mary's County Judicial Ethics Question?

vraiblonde

Board Mommy
PREMO Member
Patron
renfred said:
I
I feel very strongly that the way in which things are currently being handled is not conducive to the proper administartion of justice in St. Mary's County. I wouldn't feel so strongly or confident about my position if I didn't have such a deep factual basis from which to draw upon.
THEN FILE A COMPLAINT!!!!

I gave you the link with the name and address. It would take you significantly less time to draft a letter than to post ad nauseum on here about it.
 

renfred

New Member

renfred

New Member
So Judge Abrams CAN be impartial and objective?

vraiblonde said:
So Judge Abrams CAN be impartial and objective?

I think that the way that she handled this DOES help to increase the public's perception that the local judicial system is fair, impartial, AND mindful of the public's trust. I also appreciate the fact that she was open to the media and public by explaining her position and gave a glimpse into the tough balancing act that an administrative judge has to face. A job needs to get done while concurrently avoiding the perception of impropriety.

Good job by the local media as well. They have been providing good coverage of the Izydore case as it unfolds.
 

Pete

Repete
renfred said:
Quoted from The Enterprise on www.somdnews.com:

http://www.somdnews.com/stories/090707/entetop170123_32118.shtml

"Abrams said a process will begin to assign a judge from outside St. Mary’s to hear the case. ‘‘I don’t think any of the local judges can,” she said."

Kudos to Judge Abrams!

"Partner, Abrams & Izydore, 1989"

http://www.msa.md.gov/msa/mdmanual/31cc/html/msa13939.html

I think the local judiciary is headed in the right direction.
You are wrong again. Saying " I think the local judiciary is headed in the right direction" insinuates the local judiciary was in the wrong to begin with and it is not. It is just you who is trying to smear it through innuendo and hearsay.
 

renfred

New Member
You are wrong again

Pete said:
You are wrong again. Saying " I think the local judiciary is headed in the right direction" insinuates the local judiciary was in the wrong to begin with and it is not. It is just you who is trying to smear it through innuendo and hearsay.

Call it whatever you like, we can agree to disagree.
 

renfred

New Member
Judge Karen H. Abrams - Judicial Ethics Committee Issues Opinion

http://www.courts.state.md.us/ethics/pdfs/2007_10.pdf

Maryland Judicial Ethics Committee
Opinion Request Number: 2007-10
Date of Issue: September 25, 2007

■ Published Opinion
Disclosure and/or Recusal of Judge Who Leases Property to a Lawyer Who Appears Before the Judge

Issue: Is a judge required to disclose the nature of the relationship and/or recuse himself/herself from cases involving an attorney who leases office space from the judge?

Answer: A judge must disclose the nature of the relationship to the parties and their clients so that the parties may have a chance to object or waive their objections. If the parties do not agree to waive the judge’s disqualification, the judge should recuse himself/herself unless there are compelling circumstances to the contrary.
 

Pete

Repete
http://www.courts.state.md.us/ethics/pdfs/2007_10.pdf

Maryland Judicial Ethics Committee
Opinion Request Number: 2007-10
Date of Issue: September 25, 2007

■ Published Opinion
Disclosure and/or Recusal of Judge Who Leases Property to a Lawyer Who Appears Before the Judge

Issue: Is a judge required to disclose the nature of the relationship and/or recuse himself/herself from cases involving an attorney who leases office space from the judge?

Answer: A judge must disclose the nature of the relationship to the parties and their clients so that the parties may have a chance to object or waive their objections. If the parties do not agree to waive the judge’s disqualification, the judge should recuse himself/herself unless there are compelling circumstances to the contrary.

Did you read the whole document? :whistle:

Particularly the part where they ruled in 1980 and 1982 that a landlord tennant relationship did not indicate a conflict?
 

renfred

New Member
Judge Karen H. Abrams - Judicial Ethics Commission

Did you read the whole document? :whistle:

Particularly the part where they ruled in 1980 and 1982 that a landlord tennant relationship did not indicate a conflict?

Do you still stand by your position that it is okay for the Administrative Judge of St. Mary's County to rent her old office space to a local attorney, and then not dislcose this financial relationship on the record to all parties, when the renter is before her representing one of the parties?

I firmly stand by my position, and now, so does the Maryland Judicial Ethics Commission.
 

awpitt

Main Streeter
Did you read the whole document? :whistle:

Particularly the part where they ruled in 1980 and 1982 that a landlord tennant relationship did not indicate a conflict?
But if you read further, the opinion mentions other states' finding contrary to the 80 & 82 finding and goes on to say,

"The lease of office space by a judge to a lawyer who appears in front of that judge may raise doubts in the public’s mind as to the extent to which this relationship may affect the judge’s ability to remain fair and impartial, in contravention of Canon 2A. The Committee believes that automatic disqualification is not required in this instance, provided the judge discloses the landlord-tenant nature of the relationship to the parties and their clients so that they may have a chance to object to the judge’s participation in
the case or waive their objections. If there is an objection made, the judge should not hear the case unless there are compelling circumstances to the contrary. To the extent that any prior opinions of this Committee with respect to this subject matter are inconsistent with this opinion, they are overruled and further reliance on such prior opinions is not advised."​
 

renfred

New Member
Abrams and ethics

How did this old Post pop up here again?


The "old post", was a thread regarding opinions on whether or not it is appropriate for the Administrative Judge of St. Mary's County, Karen H. Abrams, to rent property to a local attorney, then fail to disclose this fact to litigants in her courtroom when her tenant goes before her. A wide variety of opinions were expressed regarding this issue.

Then, on September 25, 2007, the Maryland Judical Ethics Committee issued an opinion which applies, like a lock and key, to Judge Abrams' disclosure problem. This opinion now applies to Judges statewide.

Here is the link to the opinion:

http://www.courts.state.md.us/ethics/pdfs/2007_10.pdf
 

Ken King

A little rusty but not crusty
PREMO Member
But if you read further, the opinion mentions other states' finding contrary to the 80 & 82 finding and goes on to say,

"The lease of office space by a judge to a lawyer who appears in front of that judge may raise doubts in the public’s mind as to the extent to which this relationship may affect the judge’s ability to remain fair and impartial, in contravention of Canon 2A. The Committee believes that automatic disqualification is not required in this instance, provided the judge discloses the landlord-tenant nature of the relationship to the parties and their clients so that they may have a chance to object to the judge’s participation in
the case or waive their objections. If there is an objection made, the judge should not hear the case unless there are compelling circumstances to the contrary. To the extent that any prior opinions of this Committee with respect to this subject matter are inconsistent with this opinion, they are overruled and further reliance on such prior opinions is not advised."​
Tony,

While it does indeed say exactly what you have posted the section of the opinion titled "Application" says
The Judicial Ethics Committee cautions that this opinion is applicable only prospectively and only to the conduct of the requestor described in this opinion, to the extent of the requestor’s compliance with this opinion.
doesn't this mean that unless it was Judge Abrams that requested the opinion then it would not apply to her?
 

renfred

New Member
MD State Financial Disclosure Statements

Hey Chicken Little, the sky is not falling. Judges are required to file an annual financial disclosure statement, bet that it is in there. And as you admit that it isn't inappropriate why are you still beating the horse?

Nope. Not for Years 2003-2005, only in Year 2006, after a detailed complaint was filed against Judge Abrams with the Maryland Commission on Judicial Disabilites.

www.theretainercheck.com

The three relevant pages of Judge Abrams' Maryland State Financial Disclosure Statements for the years 2005 and 2006, which show that she omitted her financial relationship with Dan Guenther in YR 2005, but after a complaint was filed against her, she included it on her YR 2006 Statement, are all up on www.theretainercheck.com. Feel free to check it out for yourselves.

During the time period through 2006, Judge Abrams' husband, Maryland Court of Special Appeals Judge James A. Kenney III, served as Vice Chair of the MD Judicial Ethics Committee, which "determines whether to allow a judge or judicial appointee to correct a deficiency as to a financial disclosure statement or to refer the matter, as to a judge, to the Commission on Judicial Disabilities" (Maryland Judicial Ethics Committee).

It is important to note that a complaint was filed against Abrams in August of 2006 in which her failure to include her financial relationship with Dan Guenther on her YR 2005 MD State Financial Disclosure Statement was prominently layed out. The complaint was dismissed in mid-November of 2006. Judge Kenney retired and gave up his post as Vice Chairman of the MD Judicial Ethics Committee in March of 2007. The MD Judicial Ethics Committee published opinion 2007-10 (http://www.courts.state.md.us/ethics/pdfs/2007_10.pdf) on September 25, 2007.

What is also disturbing, and you can see for yourself on the MD State Financial Disclosure Statements that I have attached, is that on her YR 2005 Statement, Abrams claimed $14,000 in wages on her Schedule E under Karen Abrams, P.C.. The next year, after the complaint was filed, Abrams removed the $14,000 from her Schedule E, and moved it to her Schedule I, which states: "Rent received from Daniel Guenther , Esquire for rental of 41620 Fenwick Street, Leonardtown, MD 20650 $14,400 annually." In other words, she not only omitted it from her YR 2005 Statement, she creatively claimed it under Karen Abrams, P.C., further camouflaging the omission.

www.theretainercheck.com
 
Top