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Inquiry into the Conduct of the Honorable Perez

Citations: 843 N.W.2d 562; 2014 WL 130786; 2014 Minn. LEXIS 5Docket: No. A12-2118

Court: Supreme Court of Minnesota; January 14, 2014; Minnesota; State Supreme Court

Narrative Opinion Summary

This case involves a complaint by the Minnesota Board on Judicial Standards against Judge George W. Perez, a former Minnesota Tax Court judge, for alleged violations of the Code of Judicial Conduct and state law. The core issues centered around Judge Perez's failure to issue timely decisions, false certifications on compliance with statutory deadlines, and misrepresentations in court orders. A judicial panel found him in violation of Minn.Stat. 271.20 and several rules of the Code of Judicial Conduct, recommending public censure and a nine-month suspension without pay. The Minnesota Senate's decision not to confirm his appointment resulted in his removal from the judgeship. Despite his appeal claiming mootness due to his departure, the court upheld the panel's findings, emphasizing the need for discipline to maintain public confidence in the judiciary. The court confirmed the evidence of misconduct, which included delays in decision-making and false certifications, and imposed sanctions aimed at restoring judicial integrity. The case underscores the judiciary's obligation to uphold statutory deadlines and the consequences of undermining public trust through non-compliance and misrepresentation.

Legal Issues Addressed

False Certifications of Compliance

Application: Judge Perez falsely certified compliance with statutory deadlines on biweekly timesheets despite knowing his decisions were overdue.

Reasoning: The Panel concluded that he made a substantial number of false certifications over time, violating Rules 1.1 and 1.2 and Canon 2A of the 2008 Code of Judicial Conduct.

Judicial Conduct under Canons 2A and 3A(1)

Application: Judge Perez's failure to make timely decisions and false record-keeping violated Canons 2A and 3A(1) of the 2008 Code of Judicial Conduct.

Reasoning: Judge Perez violated several rules of the Code of Judicial Conduct, specifically Rules 1.15, 1.26, and Canons 2A and 3A(1).

Judicial Discipline and Sanctions

Application: The court imposed public censure and other sanctions to protect the public and maintain the integrity of the judicial system.

Reasoning: Having established misconduct, the court considers appropriate discipline, emphasizing that the goal of judicial discipline is to protect the public and maintain the integrity of the judicial system.

Judicial Misconduct and Public Confidence

Application: The court confirmed that Judge Perez's actions prejudiced the administration of justice and discredited the judicial office, undermining public trust.

Reasoning: The court confirms that the evidence supports the Panel's findings of misconduct, which prejudiced the administration of justice and discredited the judicial office.

Timeliness of Judicial Decisions under Minn.Stat. 271.20

Application: Judge Perez consistently failed to comply with the statutory deadline for making decisions, resulting in a violation of Minn.Stat. 271.20.

Reasoning: The Panel determined that Judge Perez consistently failed to comply with the statutory deadline for making decisions, as outlined in Minn.Stat. 271.20.