El Dorado judge James Wagoner admonished by judicial commission
Published: Wednesday, Sep. 14, 2011 - 12:00 am
| Page 3B
El Dorado Superior Court Judge James R. Wagoner has been
publicly admonished by the California Commission on Judicial
Performance.
The admonishment is the lowest of three levels of public discipline administered by the commission. It carries no further sanctions and cannot be appealed, said Victoria B. Henley, director-chief counsel for the commission.
The commission's investigation showed that Wagoner, currently assistant presiding judge in El Dorado County, acted outside his authority in having Penny Arnold jailed on July 16, 2010.
According to the commission, Wagoner left his second-floor courtroom in the Main Street Courthouse in Placerville after hearing that Arnold was using a cellphone to take photos on the first floor.
He recessed his court and went to the first floor with two bailiffs and ordered Arnold to report to his courtroom for a hearing on her conduct.
He warned her she would be held in contempt if she did not comply and had the bailiffs arrest her.
Arnold was held in a jury room and then transported to jail.
Wagoner later found her guilty of direct contempt and sentenced her to five days in jail, with credit for one day and a stay of the other four.
"The commission found that the judge's order to Ms. Arnold to immediately report to his courtroom for a hearing was not a valid order on which a contempt charge could be based," according to a release from Henley, "and that the judge was without jurisdiction over Ms. Arnold, and further, that the judge gave the appearance of having assumed a law enforcement role in violation of the Code of Judicial Ethics."
It also found that Wagoner acted improperly in four other respects:
• Remanding Arnold without a hearing.
• Adjudicating the matter as direct contempt.
• Imposing unlawful conditions in her sentence.
• Failing to issue an order with facts supporting the contempt finding.
In deciding to issue a public admonishment – more severe than two levels of nonpublic confidential discipline – the commission noted a 2009 confidential advisory issued to Wagoner for abusing his authority. The advisory is the lowest disciplinary level.
Wagoner was elected in 2002.
The admonishment is the lowest of three levels of public discipline administered by the commission. It carries no further sanctions and cannot be appealed, said Victoria B. Henley, director-chief counsel for the commission.
The commission's investigation showed that Wagoner, currently assistant presiding judge in El Dorado County, acted outside his authority in having Penny Arnold jailed on July 16, 2010.
According to the commission, Wagoner left his second-floor courtroom in the Main Street Courthouse in Placerville after hearing that Arnold was using a cellphone to take photos on the first floor.
He recessed his court and went to the first floor with two bailiffs and ordered Arnold to report to his courtroom for a hearing on her conduct.
He warned her she would be held in contempt if she did not comply and had the bailiffs arrest her.
Arnold was held in a jury room and then transported to jail.
Wagoner later found her guilty of direct contempt and sentenced her to five days in jail, with credit for one day and a stay of the other four.
"The commission found that the judge's order to Ms. Arnold to immediately report to his courtroom for a hearing was not a valid order on which a contempt charge could be based," according to a release from Henley, "and that the judge was without jurisdiction over Ms. Arnold, and further, that the judge gave the appearance of having assumed a law enforcement role in violation of the Code of Judicial Ethics."
It also found that Wagoner acted improperly in four other respects:
• Remanding Arnold without a hearing.
• Adjudicating the matter as direct contempt.
• Imposing unlawful conditions in her sentence.
• Failing to issue an order with facts supporting the contempt finding.
In deciding to issue a public admonishment – more severe than two levels of nonpublic confidential discipline – the commission noted a 2009 confidential advisory issued to Wagoner for abusing his authority. The advisory is the lowest disciplinary level.
Wagoner was elected in 2002.
Read more: http://www.sacbee.com/2011/09/14/3908503/el-dorado-judge-james-wagoner.html#ixzz1Yd9apJBr
I found this article from a comment made on the Mt. Democrat website. The commenter noted that the 'home-town' paper had not covered the Wagoner story.
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