Tire-deflating judge pleads ‘remorseful’ 

Posted: 7:51 pm Tue, January 19, 2010
By Steve Lash
Daily Record Legal Affairs Writer

An “extremely remorseful” Circuit Judge Robert C. Nalley would accept a public reprimand for having deflated the tire of a cleaning woman who parked in a restricted area of the Charles County Courthouse, his attorney stated in papers filed with the Maryland Commission on Judicial Disabilities.

The document, submitted by attorney William C. Brennan Jr., comes as the commission weighs administrative charges that Nalley’s deflation of Jean Washington’s tire last summer violated judicial canons of integrity and avoidance of impropriety. Nalley pleaded guilty in October to a misdemeanor charge of vehicle tampering.

If the commission finds his behavior violated the canons, it could reprimand Nalley or refer the case to the Court of Appeals for a more severe sanction, such as censure, suspension or removal from the bench. The 11-member commission has not yet set a date for a hearing and decision in the matter.

Brennan declined to comment on the case beyond the papers he filed Friday with the commission. Nalley also declined to comment.

Brennan concedes in the papers filed that Nalley’s actions and guilty plea “meet the definition of sanctionable conduct” set out in the Maryland Rules of Judicial Conduct.

But Brennan, quoting from the rules, states Nalley’s “conduct was not so serious, offensive, or repeated as to warrant formal proceedings and [therefore] a private reprimand is the appropriate disposition under the circumstances.” Nalley would also consent to a public reprimand, if the commission decides that would be the appropriate penalty, Brennan states.

University of Maryland law professor Abe Dash, who teaches legal ethics, said he hopes and predicts the commission will issue at most a reprimand.

“This is someone who has done good service for the state,” Dash said of Nalley, who has served as a district or circuit court judge since 1981. “Anything more than a reprimand would be unfortunate.”

Dash predicted the commission will also take into consideration as a mitigating factor the damage Nalley has already done to his reputation.

The public perception of him is that “he’s the guy who acted like an idiot,” Dash said. “He has been punished with the adverse publicity.”

Brennan, in his response to the administrative charges, states that Nalley “sincerely apologizes to Ms. Washington and the citizens of Maryland” for his conduct on Aug. 10.

“Judge Nalley is extremely remorseful that his actions that day brought unflattering attention to a member of the Maryland judiciary, thereby embarrassing his colleagues on the bench,” adds Brennan, a name partner at Brennan Sullivan & McKenna LLP in Greenbelt.

Steven P. Lemmey, the commission’s investigative counsel, has charged Nalley with violating Canon 1, which requires judges to “observe high standards of conduct so that the integrity and independence of the judiciary will be preserved.” Lemmey has also charged Nalley with violating Canon 2.

“A judge shall avoid impropriety and the appearance of impropriety,” the canon states. “A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the impartiality and integrity of the judiciary.”

Lemmey, citing commission policy, declined to comment on the case.

On Oct 28, Nalley pleaded guilty in Charles County Circuit Court to the misdemeanor charge of vehicle tampering. Visiting Judge Robert C. Wilcox sentenced Nalley to probation before judgment, fined him $500 and ordered him to write “a heartfelt letter of apology” to Washington.

At that hearing, Brennan predicted Nalley, 66, would face charges before the commission. “There are consequences he [Nalley] must face beyond your honor,” Brennan told Wilcox.

Three days after the tire deflation, Nalley resigned from his post as Charles County Circuit Court’s administrative judge. Nalley, who had been administrative judge since 1995, made no mention of the Aug. 10 incident in his resignation letter to Court of Appeals Chief Judge Robert M. Bell.

Bell subsequently appointed Amy J. Bragunier to be the circuit court’s new administrative judge.