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Wenger v. Commission on Judicial Performance7/13/1981
d to the commission's initial letter of March 1978 not by reconsidering his position but only with rationalizations and excuses. The second letter reached him in August; yet Ellis, Stern, Anderson, and Brooks occurred that fall, Disney the following spring and summer. Even while preparing for the master's hearing he "couldn't really get a realization" of his problems. It was only during the hearing itself, probably "when one of the witnesses referred to my general demeanor as egotistical," that the light began to dawn.
Mitigation of wrongdoing requires more than an unfulfilled intent to reform. A justice court judge has weighty responsibilities. (Spruance v. Commission on Judicial Qualifications, supra, 13 Cal. 3d 778, 802 (reviewing role of municipal court judge); Code Civ. Proc., § 83 (municipal and justice court jurisdiction the same).) The aim of commission proceedings is not punishment but "to protect the judicial system and the public which it serves from judges who are unfit to hold office." (McComb v. Commission on Judicial Performance (1977) 19 Cal. 3d Spec. Trib. Supp. 1, 9 [138 Cal. Rptr. 459, 564 P.2d 1].) Faithfulness to that aim requires removal here.
We order that Judge Jerrold L. Wenger of the Justice Court of the El Dorado Judicial District be removed from office. Since the misconduct for which he is removed did not amount to grounds for disbarment, he shall, if otherwise qualified, be permitted to practice law. (Cal. Const., art. VI, § 18, subd. (d); see Geiler v. Commission on Judicial Qualifications, supra,
10 Cal. 3d 270, 287; Spruance v. Commission on Judicial Qualifications, supra, 13 Cal. 3d 778, 803, fn. 21.) This order is effective upon the finality of this decision.
Disposition
We order that Judge Jerrold L. Wenger of the Justice Court of the El Dorado Judicial District be removed from office. Since the misconduct for which he is removed did not amount to grounds for disbarment, he shall, if otherwise qualified, be permitted to practice law. (Cal. Const., art. VI, § 18, subd. (d); see Geiler v. Commission on Judicial Qualifications, supra , 10 Cal. 3d 270, 287; Spruance v. Commission on Judicial Qualifications, supra , 13 Cal. 3d 778, 803, fn. 21.) This order is effective upon the finality of this decision.
Judges Footnotes
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