Judges and Judiciary
Jul. 30, 2002
Lancaster Judge's Absence Creates Problem for Court
LOS ANGELES - A Los Angeles County judge charged by the Commission on Judicial Performance four years ago with the improper use of prescription painkillers and excessive absences hasn't been in her courtroom for nine months, court officials said Friday.
Judge Pamela Rogers, who was publicly admonished by the Commission on Judicial Performance in 1998 for failing to rule on cases in a timely manner, has been on medical leave since Oct. 10, court spokesman Kyle Christopherson said.
Rogers' absence from Lancaster Superior Court's Division 3 has resulted in a drop in misdemeanor trials "in excess of 50 percent," Supervising Judge Steven Ogden said
"We're trying a fraction, literally, of the misdemeanors we used to," Ogden said.
Rogers, who had been suffering from upper-back pains and severe headaches, went on medical leave to undergo surgery to fuse her spine, Christopherson said.
Ogden said Rogers was expected back 90 days after the surgery. However, the surgeon accidentally cut her esophagus, causing complications that have yet to be resolved, Rogers reported to the court.
Rogers, who declined to be interviewed directly, told Christopherson that she is doing all she can to make herself better and return to work.
Her courtroom, which sets misdemeanors for trial and, if needed, can handle felony trials, has remained dark during much of her leave, Ogden said. An assigned judge has come in on occasion to preside over cases.
Because of budget constraints and the court's desert location, Ogden explained, he is unable to have a judge there all the time.
"Her absence has created a severe shortage as she is one of only four trial courts in the Antelope Valley branch court, which already carries a caseload substantially above the county average," he said.
According to a court report from November 2001, the number of active pending criminal cases per judicial officer in Lancaster is 89. The next highest is 67, in the Southeast District, which includes Norwalk, Huntington Park and Downey.
"[The remaining judges in Lancaster have] accommodated themselves to not having [Rogers'] court available, which means the value of a misdemeanor has been substantially reduced because of the lack of a trial court," Ogden said.
Many cases are farmed out to other jurisdictions, usually Van Nuys or downtown Los Angeles.
Rogers, who continues to receive a yearly salary of more than $130,000, is scheduled to have a "diagnostic procedure to determine the next course of action," Christopherson said.
The Antelope Valley Press reported July 4 that Rogers was ready to come back to work this month but that she had another setback and is unable to keep food down.
"She has every intention of returning to work if she can," Christopherson said. "And next week, hopefully, we'll know more."
In January, a report of Rogers' absence was sent to the Commission on Judicial Performance, the independent state agency that investigates complaints of judicial misconduct and incapacity, Ogden said.
The report is routine and must be filed if a judge has been on medical leave for 90 days, Ogden said.
Rogers was investigated by the commission in 1998 for improperly using painkillers, including morphine and Demerol. The drug use caused her to have excessive absences and inordinate delays deciding cases and to exhibit "bizarre conduct" in court, the commission charged.
"Her performance on the bench was affected by the medication," Deputy Public Defender Manual Martinez, who works out of the Lancaster courthouse, said. "It was a problem. She was rambling. Her behavior was bizarre."
Martinez said that once, when he was in Rogers' court, the judge was "talking to an empty chair."
"Everybody was kind of looking at each other [like], 'What is going on?'" Martinez said. "It was embarrassing to be present that day."
Rogers' attorney at the time said that his client suffered from complications because of childbirth, including migraines. He also said she had recovered from her ailments after years of counseling and no longer took medication.
In 2000, the commission dismissed the drug counts but publicly admonished her for failing to rule on seven cases within 90 days, as required by law.
The commission also drew up a consent agreement ensuring that Rogers' medical reports and judicial attendance would be sent directly to the commission.
The court's media relations office referred questions regarding Rogers' health to commission officials, who were unavailable for comment.
"She's a very nice lady, and everybody likes her," Martinez said. "I have spoken to her on many occasions informally. She is a likable person, a very intelligent person, but she shouldn't be on the bench. That's the bottom line."
"She has the capability of being a great judge, but she's not here," he said. "And when she is here, she's only here part time."
Rogers, a former deputy district attorney, was elected to the Municipal Court in 1994. In 2000, she was re-elected to a second six-year term. When the Superior and Municipal courts unified, she became a Superior Court judge.
She received her law degree from Loyola Law School and her bachelor's degree from Mt. Holyoke College in Ithaca, N.Y.
Her husband is Judge Randolph Rogers, who sits in the Palmdale courthouse.
Leslie Simmons
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