Judges and Judiciary
Aug. 7, 2002
San Joaquin Judge Is Removed From Bench
SAN FRANCISCO - San Joaquin Superior Court Judge Michael E. Platt was removed from the bench by the state's judicial watchdog agency Monday for fixing traffic tickets and interceding in cases for friends, the second time the jurist has faced misconduct charges.
A former prosecutor and a highly decorated Vietnam War veteran, Platt, 53, faced eight counts of violating ethical canons, including willful misconduct, in charges filed by the Commission on Judicial Performance last fall. He was found culpable of all charges except that he had improperly issued a stay in a detainer proceeding.
Platt's attorney, Albert M. Ellis, of Hakeen, Ellis & Marengo of Stockton, said his client was "certainly disappointed" but will appeal the case to the state Supreme Court.
"It was obviously an option the commission had, but, given the circumstances, we were obviously expecting them to censure Judge Platt instead of removing him. But we understand that's their decision," Ellis said.
San Joaquin County Presiding Judge George Abdallah said in a brief, e-mailed statement: "We can say only that we respect the decision and the work done by the Commission on Judicial Performance."
Platt acted in bad faith in the ticket-fixing incidents, the commission concluded, resulting in a "negative effect on the way the public perceives the integrity and impartiality of judges."
The 21-page report also cited Platt's "pattern of misconduct" and his "continuing failure or inability to recognize when his professional responsibilities and personal proclivities clash."
In 1997, the jurist was privately admonished for improperly selling candy and soliciting donations to charitable organizations in the courthouse. The ticket-fixing incidents began two years later, in 1999.
"Judge Platt has been willing to use his judicial position for the benefit of friends and acquaintances, even after being warned by his colleagues and privately admonished by the commission," the commission said.
Commissioners noted Platt's refusal to take responsibility for some of the charges, concluding that his "failure to appreciate or admit to the impropriety... indicates a lack of capacity to reform." Finally, they noted Platt's prior misconduct, concluding that "the failure of past sanctions to effect a change in conduct also suggests a lack of ability to reform and unsuitability for judicial office."
Three of the speeding tickets Platt fixed involved his friend, Edward Guardado, a Stockton native and Minnesota Twins pitcher who had loaned the judge $3,500. Platt never repaid the loan because he subsequently declared bankruptcy. The judge also had tickets dismissed for the ballplayer's wife and niece and for the son of his bailiff. Additionally, Platt tried to fix a speeding citation for his godfather but was unsuccessful.
The jurist also tried to influence another judge to win conditional release for the daughter of a couple whom Platt knew through his church.
The commission determined there was insufficient evidence that he tried to influence another judge who was hearing a juvenile dependency case involving Platt's former client.
In his defense, Platt contended he was simply trying to help people. But the commission noted that he knew his actions were wrong when he told the clerk who dismissed one of the tickets to keep it "just between you and me."
During a June hearing, a contrite Platt pleaded emotionally for "anything but removal." Being a judge, he told them, was his "last goal and dream."
Platt is the third jurist to be removed from the bench by the commission in the last 15 months.
Platt, who was appointed by Gov. Pete Wilson in 1994, is a former Marine who received the Bronze Star and two Purple Hearts while serving in Vietnam.
Unless the Supreme Court intervenes, Platt's removal becomes final in 30 days, and he is barred from sitting on assignment in the future. Commission members Santa Clara Superior Court Judge Rise Jones Pichon, appellate Justice Vance W. Raye, Los Angeles Superior Court Judge Madeleine I. Flier, attorney Michael A. Kahn and public members Marshall B. Grossman, Crystal Lui, Barbara Schraeger and Betty Wyman agreed on Platt's removal. Public member Ramona Ripston agreed with the commission's findings but voted for public censure.
Donna Domino
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