Idaho Judicial Council v. Becker

834 P.2d 290, 122 Idaho 288, 1992 Ida. LEXIS 110
CourtIdaho Supreme Court
DecidedJune 11, 1992
Docket19720
StatusPublished
Cited by6 cases

This text of 834 P.2d 290 (Idaho Judicial Council v. Becker) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Idaho Judicial Council v. Becker, 834 P.2d 290, 122 Idaho 288, 1992 Ida. LEXIS 110 (Idaho 1992).

Opinions

JOHNSON, Justice.

This is a judicial discipline case. The primary issues presented are: (1) whether District Judge Phillip M. Becker of the Fifth Judicial District violated Canon 2(A) of the Idaho Code of Judicial Conduct (the Code) by conduct that detracts from public confidence in the integrity of the judiciary, and (2) if so, what sanction the Court should impose because of the violation.

We find that Judge Becker violated Canon 2(A) by his habitual intemperance, abuse of alcohol, and operation of a motor vehicle while he was under the influence of alcohol. We suspend Judge Becker from his duties as a district judge for three months, without salary, and subject to conditions during the suspension and during the balance of his current term in office, which expires on the first Monday in January 1995.

[289]*289i.

THE BACKGROUND AND PRIOR PROCEEDINGS.

In 1983, Judge Becker became a district judge in the Fifth Judicial District after serving seven years as a magistrate judge. Until 1989, Judge Becker was considered to be a qualified, fair judge whose demeanor and professionalism complied with the standards set .for the Idaho judiciary in the Code.

Beginning in 1989, Judge Becker’s behavior in the performance of his judicial duties changed. Other judges in the Fifth Judicial District as well as Judge Becker’s court clerk and court reporter observed that he became withdrawn and exhibited episodes of bizarre behavior. He began having mood swings and became less tolerant.

Prior to March 1991, a magistrate judge in the Fifth Judicial District and Judge Becker’s law clerk each confronted Judge Becker concerning his use of alcohol. Judge Becker told them he did not have a problem with alcohol.

For at least five years prior to March 1991, Judge Becker’s family knew he had an alcohol problem and tried unsuccessfully to have Judge Becker control his use of alcohol.

On several occasions after November 1990, court personnel, law enforcement officers, and other judges smelled alcohol on Judge Becker’s breath while Judge Becker was in the courthouses in Gooding County and Jerome County. On one occasion, in the presence of his court reporter and at least two attorneys, Judge Becker took a bottle of alcoholic beverage out of his desk drawer in his chambers, offered the attorneys a drink, which they declined, and then took a drink directly from the bottle. On another occasion during working hours, Judge Becker took a bottle of alcoholic beverage from under the seat of the county vehicle assigned to him and took a drink directly from the bottle in the presence of his court reporter, stating to the reporter, “You didn’t see this.”

In March 1991, Judge Becker’s conduct was investigated by the Idaho Judicial Council (the Council). The Council investigated a complaint by the Twin Falls County prosecuting attorney concerning an incident in December 1990 in which Judge Becker made a derogatory comment to local law enforcement officers. The Council also investigated a general allegation that Judge Becker had abused the use of alcohol.

In March 1991, after the Council had commenced its investigations, Judge Becker’s family and friends engaged in an “intervention.” As a result of the intervention, Judge Becker agreed to participate in a thirty-day inpatient alcohol abuse treatment program at a facility outside the state. Following his completion of this program, Judge Becker returned to Idaho in April 1991. Judge Becker admitted that he resumed drinking after this inpatient treatment.

In June 1991, the Council sent Judge Becker a letter stating that the Council had determined that Judge Becker’s conduct toward law enforcement personnel in December 1990 appeared to violate Canon 2(A) of the Code. The Council offered to dispose of the complaint with an informal reprimand if Judge Becker agreed to refrain from this type of conduct in the future, and if he would write letters of apology to the prosecutor and the law enforcement officers involved.

With regard to the allegation that Judge Becker had abused the use of alcohol, the Council’s letter stated that the Council would hold the file open for at least one year if Judge Becker would: (1) furnish the Council with the discharge report from the inpatient treatment center, (2) do all recommended follow-up, and (3) send periodic reports from his sponsor to the Council describing Judge Becker’s recovery. The Council stated that if after one year the Council received an evaluation from an independent practitioner that Judge Becker’s recovery was stable, the Council would close the file with an informal admonition.

Judge Becker signed and returned a copy of the letter from the Council, stating:

[290]*290I hereby acknowledge the above-described violations of the Code of Judicial Conduct and accept an informal admonition for my actions. I also acknowledge and agree that the file on the allegation of abuse of alcohol will remain open for at least one year.

Judge Becker admitted that he continued to drink after signing this acknowledgment. Within two weeks after signing the acknowledgment, Judge Becker was arrested and charged with driving while under the influence of alcohol. Judge Becker’s blood alcohol content at the time of the arrest was .22 percent.

Immediately following his arrest, Judge Becker entered the Walker Center, an alcohol treatment facility in Gooding, Idaho, for a twenty-two day inpatient treatment program. During his stay at the Walker Center, this Court entered an order placing Judge Becker on administrative leave, with pay and entitlements, because of the charges pending against him. This order also required Judge Becker to refrain from performing any judicial acts, to stay away from all state court facilities unless he received specific permission from the Chief Justice, and to have no further contact with any official or court personnel of the court system, including clerical personnel, without specific permission from the administrative district judge of the Fifth Judicial District.

Following his release from the Walker Center, Judge Becker pleaded guilty to the charge of driving under the influence and received a withheld judgment and a one-year probation. The conditions of his probation required Judge Becker to: (1) pay a $750.00 fine plus $47.50 in various costs, (2) serve thirty days in jail, of which twenty-eight were suspended, (3) have his driving privileges suspended for one hundred eighty days, and (4) comply with all aftercare requirements specified in an alcohol evaluation submitted to the court by Howard Carroll, a licensed professional counsel- or.

During September 1991, Judge Becker contacted his court clerk by telephone four times without the permission of the administrative district judge in his district. During one of these conversations, Judge Becker told the clerk not to tell anybody about the conversation. The clerk testified that Judge Becker “said he was going to AA and therapy, but he really didn’t need it. He was just doing it for the Judicial Council.”

On October 1, 1991, the Council served Judge Becker with a notice of charges alleging that Judge Becker had violated Canon 2(A) of the Code by: (1) operating a motor vehicle while under the influence of alcohol, and (2) habitually abusing alcohol in 1988, 1989, 1990, and 1991.

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Idaho Judicial Council v. Becker
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Cite This Page — Counsel Stack

Bluebook (online)
834 P.2d 290, 122 Idaho 288, 1992 Ida. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/idaho-judicial-council-v-becker-idaho-1992.