Pictured is the entrance to Oklahoma Supreme Court chamber in the Oklahoma Capitol. (Photo by Carmen Forman/Oklahoma Voice)
OKLAHOMA CITY — The state’s highest court issued a rare public reprimand to a special judge after substantiating allegations of biases toward some attorneys and a “poor demeanor” toward lawyers and courthouse staff.
The Oklahoma Supreme Court wrote that it issued the public reprimand to Judge Emily Mueller to “deter similar behavior in the future” and reinforce standards expected of all judges, according to the decision released this week. Mueller has served as a special judge in Pottawatomi and Lincoln counties since 2019.
The high court found accusations against Mueller of “poor demeanor toward certain attorneys and courthouse staff and bias against certain attorneys” were supported by affidavits and statements from other attorneys and courthouse staff.
Mueller was also accused of discussing issues of a pending matter before her court without the other party’s attorney being present, which the Court found violates the state’s Judicial Code of Conduct.
Chief Justice Dustin P. Rowe wrote that he reviewed Mueller’s response and interviewed her in person before recommending the public rebuke.
He said that Mueller “admitted that her attitude has fallen short in interactions with attorneys and even her co-workers, but ultimately attributed her poor inactions to not being a ‘morning person.’”
She also said she didn’t consider the conversation she had without the other party’s attorney being present as “ex parte” because no decision was made that day. She acknowledged that she could have handled the hearing differently, Rowe wrote.
“Viewing the report in its entirety, we find Judge Mueller’s conduct reflects a serious departure from the standards required of a judicial officer and erodes the public’s confidence in the Judiciary,” Rowe wrote in the 7-1 decision. Justice James Winchester dissented and Justice Douglas L. Combs did not participate.
The Council on Judicial Complaints, which investigates complaints and suggests how to resolve them, had recommended the court issue Mueller a private reprimand and require mandatory judicial education, Rowe wrote. The Supreme Court determined that was not sufficient. While the court considers the Council’s recommendation, the Oklahoma Supreme Court alone determines discipline regarding judicial misconduct
“The Council determined the evidence established that Judge Mueller is, at times, undignified and discourteous to certain attorneys that appear before her, thereby creating the appearance of impropriety,” according to order. “The Council noted that because Judge Mueller’s ‘rude conduct extends beyond the courtroom in her personal interactions with attorneys, she appears to have personal dislike for certain attorneys rather than simply professional disagreement.’”
The Supreme Court justices found Mueller’s repeated displays of “disrespect” toward certain attorneys erodes public confidence in the judiciary.
“A judge must earn the respect of the community in which she presides – respect that is rooted in fairness, impartiality, and professionalism both on and off the bench,” according to the order. “The independence of the Judiciary depends on the public’s confidence, and that confidence is maintained only when judges conduct themselves in a manner that upholds the dignity of the position they hold.”
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Comments