Page 1
CJP Censures Judge for Promoting Non-Profit Corporation
By a MetNews Staff Writer
|
|
|
RICHARD A. VLAVIANOS Superior Court Judge |
The state’s judicial disciplinary agency yesterday announced that it has imposed a public censure on a judge for promoting a non-profit public benefit corporation he formed.
San Joaquin Superior Court Judge Richard A. Vlavianos is the recipient of the discipline, issued by the Commission on Judicial Performance (“CJP”) pursuant to a stipulation. Vlavianos presided over his court’s multi-track DUI Court Program from 2008 until January 2022, and from 2013-21, headed a parole re-entry court, described by the CJP as “a collaborative court designed for people who have been released from prison and violated the terms of their parole, and who have a history of substance abuse or mental health issues.”
In July 2021, he formed the entity, Association of Comprehensive Collaborative and Equitable Supervision and Services (“ACCESS”) to provide treatment to DUI offenders. Formally launched on Dec. 2, 2021, a press release that day sets forth:
“Today, the Honorable Richard A. Vlavianos, in front of the California state capitol and surrounded by other Public Safety and Law Enforcement Officials, announced the launch of a new, nationwide non-profit organization designed to treat high risk and repeat DUI offenders. The new non-profit, ACCESS, launches with a foundation of learnings and track record of saving lives as proven through a pilot that’s been active in California since 2008.”
Quotes Judge
The release quotes Vlavianos as saying:
“After nearly fifteen years and more than 5,000 participants, we’ve seen firsthand the difference this approach can make in changing behaviors and saving lives. Each day, roughly 28 people die in drunk driving related car crashes and it’s only fitting we make this announcement today as we kick off National Impaired Driving Prevention Month.”
The judge is quoted as adding:
“Existing special courts work with high-risk offenders who have high treatment needs, while ACCESS fills the gap by focusing on offenders who may be high risk, but don’t require the same level of treatment. To make an impact, we needed to ensure the ACCESS program was scalable and affordable. I’m excited that we can provide monitoring, education and training to repeat DUI offenders at a fraction of the cost of typical treatment programs, at about $10,000 less per participant.”
CJP’s Press Release
Yesterday, the CJP its own press release. It says:
“Judge Vlavianos engaged in several acts of misconduct in connection with the promotion of a nonprofit that he formed. After forming the nonprofit, Judge Vlavianos served as its Board Chair and Chief Executive Officer. Judge Vlavianos improperly used the prestige of his judicial office to promote the nonprofit. He also used a report commissioned by the court to benefit the nonprofit. Judge Vlavianos created the appearance that he was working in association with private industry affiliates who stood to benefit from the success of the nonprofit. Judge Vlavianos compounded this misconduct by misleading court employees to induce their participation in an event to benefit the nonprofit and by engaging in prevarication in discussing the nonprofit with Cup’s his court’s presiding judge and assistant presiding judge.”
The CJP’s decision and order explains that Vlavianos met on Dec. 20, 2021, with then-Presiding Judge Xapuri Villapudua and incoming Presiding Judge Michael Coughlan. The document recites:
“Judge Villapudua apprised Judge Vlavianos of the impropriety of using his judicial position to further the interests of an entity involved in marketing a product to be used (and purchased) by collaborative courts. Judge Villapudua ordered Judge Vlavianos to immediately procure an ethics opinion from the California Judges Association (CJA) Ethics Committee, and to remove all reference to himself and the court from the ACCESS website.
“On December 22, 2021, Judge Vlavianos informed Judge Villapudua and Judge Coughlan that the ACCESS website was down, that he had resigned from the ACCESS board, and that he would seek an ethics opinion. Judge Vlavianos did not procure a CJA ethics opinion as instructed by Judge Villapudua.”
Second Meeting
Another meeting was held on Dec. 23, 2021. Villapudua and Coughlan were joined by incoming Assistant Presiding Judge Gus Barrera in confronting Vlavianos, this time over a fictious business name statement having been published for ACCESS on Dec. 20 in the Stockton Record listing Vlavianos as the CEO, and the fact of Vlavianos having appeared on a San Diego news program discussing ACCESS.
Villapudua yanked Vlavianos from his collaborative court assignment and forbade him to contact staff or attorneys involved in ACCESS.
The commission’s decision and order declares that Vlavianos violated 10 canons of ethics including Canon 2(B))(2): “A judge shall not lend the prestige of judicial office or use the judicial title in any manner, including any oral or written communication, to advance the pecuniary or personal interests of the judge or others.”
It goes on to say:
“Judge Vlavianos also engaged in several other acts of misconduct that erode public confidence in the integrity of the judiciary. He failed to fully apprise criminal defendants of their rights, creating the effect of coercing the defendants into participating in treatment court, which he concedes constitutes prejudicial misconduct. Judge Vlavianos also made remarks to defendants which created the appearance of bias, failed to safeguard the constitutional right to counsel for an unrepresented criminal defendant, improperly threatened a deputy public defender with contempt, and exhibited poor demeanor toward a deputy district attorney. In addition, Judge Vlavianos engaged in improper ex parte communications about, and embroiled himself with, two parole re-entry court defendants, and engaged in another improper ex parte communication with court staff about a criminal defendant. Judge Vlavianos admits that his conduct constitutes improper action.”
Copyright 2023, Metropolitan News Company