In Re Complaint Concerning Miera

426 N.W.2d 850, 1988 Minn. LEXIS 164, 1988 WL 69664
CourtSupreme Court of Minnesota
DecidedJuly 5, 1988
DocketC6-87-1712
StatusPublished
Cited by37 cases

This text of 426 N.W.2d 850 (In Re Complaint Concerning Miera) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Complaint Concerning Miera, 426 N.W.2d 850, 1988 Minn. LEXIS 164, 1988 WL 69664 (Mich. 1988).

Opinions

POPOVICH, Justice.

This proceeding arises from a formal complaint filed August 31, 1987, by the Minnesota Board on Judicial Standards against the Honorable Alberto O. Miera, Judge of District Court, Ramsey County, alleging violations of the Canons of Judicial Conduct and the Rules of the Board on Judicial Standards. Following a hearing held between November 30, 1987, and December 18, 1987, a three-judge panel appointed by this court found Judge Miera had violated Canons 1 and 2 of the Code on Judicial Conduct and Rule 4 of the Board.1 Specifically, the panel found there was clear and convincing evidence that:

(1) On two separate occasions while staying at the apartment of his court reporter, Neil Johnson (hereinafter “Johnson”), Judge Miera entered the room where Johnson was sleeping, lay down next to Johnson, and touched Johnson’s back against Johnson’s wishes. Judge Miera later told Johnson that some day the two of them would have sexual relations;
(2) Judge Miera kissed Johnson on the lips in Miera’s court chambers without Johnson’s consent;
(3) Judge Miera touched the shirt pocket over a female court employee’s breast while offering coins as payment for coffee;
(4) While eating a banana, Judge Mi-era asked female court employees, “Do you people eat bananas for the vitamins or for the phallic symbol?”; and
(5) Judge Miera made public comments to the news media that certain Ramsey [852]*852County judges were “bloodthirsty hypocrites.” 2

The panel also found that Johnson was sometimes discourteous and disrespectful to Judge Miera, kept short hours, allowed private business to interfere with his work, and that Judge Miera did not satisfactorily explain why Johnson was not summarily fired.

The Board on Judicial Standards recommends that Judge Miera be removed from judicial office. In addition, the Lawyers Professional Responsibility Board (LPRB) has recommended that Judge Miera receive a public reprimand as an attorney, based solely upon the incidents involving Johnson. We hold Judge Miera’s conduct warrants a public reprimand in his capacity as an attorney, public censure in his capacity as judge, and a one-year suspension, without pay, from judicial office effective from the date of this opinion.

I.

Alberto O. Miera was appointed a municipal court judge for Ramsey County in August, 1983, elected in November 1984’, and by unification with the district bench became a district court judge in 1986. His term of office expires as of the first Monday in January, 1991. The facts giving rise to these proceedings are as follows:

Incidents Involving Neil Johnson

On March 10, 1984, Neil Johnson began work as Judge Miera’s court reporter. Soon after Johnson was hired, Judge Miera and Johnson began socializing together, including playing raquetball, running, and going out to lunch. Johnson ate dinner with Judge Miera and his wife at Miera’s home on several occasions. In April or May, 1984, while discussing his marital problems, Judge Miera informed Johnson he was bisexual.

On two occasions in May, 1984, Judge Miera stayed overnight at Johnson’s apartment. Johnson was then separated from his wife and lived alone. Johnson and Judge Miera provided different accounts of the overnight stays. Johnson testified on the first occasion Judge Miera came to his single-bedroom apartment and asked to stay because he was having an argument with his wife. Johnson agreed and Judge Miera slept in the bedroom while Johnson slept on the floor in the living room. Johnson testified Judge Miera got up during the night, lay down next to Johnson and touched his back. When Johnson asked him what he was doing, Judge Miera got up and returned to the bedroom. Johnson testified the next morning Judge Miera told him they would have sexual relations someday and Johnson replied that it would not happen. The following week, Judge Miera stayed at Johnson’s apartment again. Johnson testified Judge Miera again lay down next to him during the night and, when asked what he was doing, returned to the bedroom. Judge Miera admitted staying at Johnson’s apartment on two occasions, but denied that on either occasion he lay next to Johnson or told him they would have sexual relations.

On the evening of July 26, 1984, Judge Miera called Johnson and told him he was contemplating suicide. Johnson went to Judge Miera’s home and, according to Johnson, Judge Miera made sexual overtures, including attempting to unbuckle his [853]*853pants, during several hours of discussion concerning Judge Miera’s marital and personal difficulties. Judge Miera testified he called Johnson while contemplating suicide, but denied making sexual overtures. According to Judge Miera, the two did engage in a mutual nonsexual embrace. The panel found there was not clear and convincing evidence to support Johnson’s allegation that Judge Miera made sexual advances during the discussion, and the Board does not dispute this finding.

Following the suicide discussion, the work relationship between Judge Miera and Johnson became strained. According to Johnson, in December 1984, Judge Miera called him into chambers and began discussing their problems. Johnson testified when he attempted to terminate the conversation, Judge Miera got up from his desk as if to leave, but then quickly turned and kissed Johnson on the lips. Johnson testified he quit his employment with Judge Miera on January 11, 1985, as a result of the kiss.

During the summer of 1985, Johnson agreed to reten as Judge Miera’s court reporter in September of that year. He quit in October, 1986, alleging Judge Miera continued to make sexual advances and pursue a social relationship with him.

Shirt-pocket Incident

In May or June, 1986, Judge Miera was assigned to hear proceedings at the Ramsey County Courthouse located in Maple-wood, Minnesota. One day Judge Miera entered the clerk’s office during a court recess. Jacqueline Kendall, a Ramsey County Court employee, and her supervisor, Roberta Weltzin, were present. Kendall was wearing a cotton blouse with pockets on the front. Judge Miera approached Kendall and, while offering payment for coffee, reached for a shirt pocket over her breast as if he might drop some change in, opened the flap, and touched the shirt. Kendall considered the touching unwelcome.

Banana remark

During the summer of 1986, Judge Miera was assigned to hear proceedings at the Ramsey County Courthouse located in White Bear Lake, Minnesota. On one occasion, Judge Miera entered the clerk’s office. Four female court employees were present. While eating a banana, Judge Miera inquired, “Do you people eat bananas for the vitamins or for the phallic symbol they represent?” One employee testified the comment was made to all those present and was not a sexual advance. The employee, however, also testified the comment was shocking. Another employee testified she was embarrassed by the remark.

“Bloodthirsty hypocrites” comment

After leaving employment as Judge Mi-era’s court reporter, Neil Johnson filed a civil lawsuit against Judge Miera. Following a jury verdict adverse to Judge Miera, a resolution was passed by the judges of the Ramsey County bench requesting that the Minnesota Supreme Court remove Judge Miera from judicial office pending discipline proceedings.

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Bluebook (online)
426 N.W.2d 850, 1988 Minn. LEXIS 164, 1988 WL 69664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-complaint-concerning-miera-minn-1988.