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San Diego Judge Admits ‘Dereliction of Duty,’ Receives ‘Severe Public Censure’ From CJP
Howard H. Shore Habitually Took Fridays Off
By a MetNews Staff Writer
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HOWARD H. SHORE |
A San Diego Superior Court judge who took nearly every Friday off and otherwise neglected his duties over a two-year period, yesterday received a “severe public censure” by the state’s judicial disciplinary body under a deal that spares him formal proceedings that could have resulted in an ouster from his post.
The Commission on Judicial Performance (“CJP”) yesterday approved the resolution forth in a stipulation executed on Nov. 9 by Judge Howard H. Shore and his lawyer, Heather L. Rosing, on Nov. 9 and by CJP Director/Chief Counsel Gregory Dresser on Nov. 13.
The stipulation recites:
“Over a two-year period in 2021 and 2022, Judge Shore was absent, without approval or authorization, on at least 155 court days. He was not present in the courthouse on a single Friday between May 28, 2021, and November 18, 2022. Further, Judge Shore’s absences exceeded his available vacation time by 87 days. Judge Shore’s numerous unauthorized and undocumented absences from the courthouse constituted a dereliction of duty, a persistent failure to perform his judicial duties, and a failure to follow the directives of the presiding judge in matters of court management and administration.”
Permission Not Sought
It continues:
“Judge Shore also failed to comply with Rules of Court requiring that he request the approval of the presiding judge for any intended absence of one-half day or more within a reasonable time before the intended absence, and limiting vacation time for a judge of his tenure to 30 days annually, absent documentation of extraordinary circumstances and written authorization of the presiding judge.”
Yesterday’s decision and order declares:
“While Judge Shore rationalized his decision to not request or obtain approval for his Friday absences because he took work home with him at night and completed his work within the other four workdays, judges are not entitled to compensatory time….By regularly absenting himself from the courthouse on Fridays over a two-year period, Judge Shore’s conduct ‘demonstrated a flagrant disregard for his obligations to his fellow judges, the public, and the reputation of the judiciary.’…Judge Shore’s conduct seriously undermines public confidence in the integrity of the judiciary and casts disrepute on the judicial office.”
Factors in Mitigation
The decision points to mitigation: that Shore “has served 33 years as a judicial officer without discipline, expressed contrition, and modified his conduct” and that he “cooperated fully and honestly with the commission and has stipulated to the imposition of this severe public censure as the appropriate sanction that is commensurate with his admitted serious wrongdoing.”
Shore served as a San Diego Municipal Court judge from 1990 until 1998 when the municipal courts in San Diego County were merged into the Superior Court.
He was a deputy district attorney for 16 years prior to his appointment to the Municipal Court.
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