Harbor judge faces accusers

Greg Risling

SANTA ANA -- A Harbor Justice Center judge who purportedly made both

defendants and legal staff feel inferior with a range of derogatory

comments faced her accusers Monday before a state watchdog agency.

Superior Court Judge Susanne Shaw, 53, could suffer severe consequences,

including removal from the bench, pending a decision from the state’s

Judicial Performance Commission.

A three-judge panel, selected by the state Supreme Court, will listen to

testimony over the next week and then have two months to file a report.

The report will eventually be forwarded to the commission’s 11-member

board, which will render a final decision.

The 12-count misconduct probe alleges Shaw made intimidating and

demeaning statements to those who appeared before her and worked with her

on occasion. Shaw reportedly offended some defendants to the point they

felt they were publicly humiliated and mocked.

Some of Shaw’s supporters said the people who decry the judge’s behavior

are misinterpreting her objectives.

“For the most part, day in and day out, she tries to make a difference in

people’s lives,” said attorney Fred Ascari, who worked for two years as a

clerk in Shaw’s courtroom. “Her objective is to make a difference in two

to three minutes with the person she has before her. Looking at these

isolated cases is not telling the big picture of Susanne Shaw.”

But Shaw’s critics believe her unusual courtroom demeanor has caused

problems. Some of the testimony Monday included:

* Deputy Dist. Atty. Susan Laird, who claims Shaw tried to persuade her

to reduce a DUI charge against a U.S. Marine helicopter pilot. Laird said

Shaw said the blemish on the defendant’s record might prevent him from

getting an aviation job in the future.

When Laird didn’t budge, Shaw allegedly made comments about the

attorney’s social life. The prosecutor claims Shaw chastised the her

about drinking during weekends. Shaw also referred to the dubious

drinking habits of her soon-to-be father-in-law, who was a former judge,

Laird alleged.

“She said I might live to regret my decision down the road,” Laird

testified. “I still felt the defendant should plead guilty under the DUI

charge.”

* A 24-year-old man who was allegedly called a “rich, spoiled Irvine

kid,” by Shaw during a court hearing. The defendant, Brian McMillen, had

suffered his second DUI arrest and was trying to avoid any jail time.

McMillen’s older brother was killed in jail during the late 1980s,

according to McMillen’s father, James McMillen.

James McMillen claims Shaw wasn’t concerned with his son’s possible jail

time.* A 25-year-old man who claims he and his friend weren’t allowed to

speak when Shaw put them in a holding cell for several hours in February

1997.

Joseph Eimers testified that upon their return to Shaw’s courtroom, they

were greeted by her as “her cute little surfer boys.”

When Eimers spoke to the judge about his Christmas Day arrest for

disturbing the peace, Shaw allegedly responded with a “Bah Humbug.” She

later followed with a line from the Christmas carol “Deck the Halls,” he

said.

“She shouldn’t be saying something like that,” Eimers said. “It wasn’t a

good Christmas for me. I think she was more interested in getting her

point across.”

Shaw was also criticized for a speech she often gives where she holds up

a place mat with a picture of an eagle. Ascari said it was a motivational

tool to steer people in the right direction by showing they can either

“fly with the eagles or trot with the turkeys.”

There did appear to be some people who were after Shaw from the outset.

One witness who testified Monday was hammered by Shaw’s attorney for

bringing a tape recorder to one of his court appearances.

John Dunn said he had complained about Shaw’s behavior to her boss and

had “joint motives” when he returned to her court. Dunn brought the

recorder to “catch” Shaw, but he didn’t tape the entire proceeding.

Shaw has faced public scrutiny before. Shaw was accused of discriminating

against Latinos in 1989. The same state commission reviewed her case, but

Shaw was cleared of any wrongdoing.