"Birther Judge" Gary G. Kreep may be kicked off the bench in San Diego, or something less, for his behavior – now that the California Commission on Judicial Performance has filed 11 counts of misconduct against him.
The San Diego Superior Court judge has until Oct. 27 to respond to charges about his conduct as a judge, along with ethical violations during his 2012 campaign, reported East County magazine. Kreep could be removed from the bench, censured, or publicly or privately admonished if found guilty of the charges.
Kreep was best known locally as a leader of the "birther" movement in the San Diego area against President Barack Obama before he won an open seat on the San Diego bench in June 2012, reported the San Diego Union-Tribune.
The charges followed an initial investigation and included a series of alleged remarks, both from the campaign and while on the bench, about women and about the racial and ethnic background of others.
The allegations included alleged inappropriate comments to lawyers, litigants and court staff while on the bench, including some that targeted women attorneys with the county public defender's office and San Diego city attorney's office, reported the Union-Tribune.
According to the Union-Tribune, one incident involved deputy city attorney Karolyn Westfall who was entering the courtroom while Kreep was discussing a prostitution case. The judge allegedly said: "Speaking of prostitution, here's Ms. Westfall."
And, the commission has charged that Kreep misrepresented his role in three organizations on his 2012 campaign website and violated judicial rules by engaging in political campaigning for a non-judicial office by solicited support and money opposing Obama's re-election.
Also, the city attorney's office began boycotting Kreep's courtroom in September 2013, which led to the judge's transfer to traffic court. City attorney Jan Goldsmith did not explain at the time the reason for the action, but some defense lawyers said Goldsmith and Kreep bumped heads in handling some misdemeanor cases.
Public defenders and private attorneys then backed Kreep in his dispute with city attorneys, according to the Union-Tribune.
"They (prosecutors) are so used to getting their way," said Heather Boxeth, a criminal defense lawyer who represented many clients in front of Kreep. "But they blanket-challenged him over simple misdemeanors."
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