Utah judge suspended for making anti-Trump comments
Supreme Court News
A longtime Utah judge has been suspended without pay for six months after making critical comments online and in court about President Donald Trump, including a post bashing his “inability to govern and political incompetence.”
Judge Michael Kwan’s posts on Facebook and LinkedIn in 2016-2017 violated the judicial code of conduct and diminished “the reputation of our entire judiciary,” wrote Utah State Supreme Court Justice John A. Pearce in an opinion posted Wednesday.
Kwan’s Facebook account was private but could have been shared by friends, Pearce wrote.
“Judge Kwan’s behavior denigrates his reputation as an impartial, independent, dignified, and courteous jurist who takes no advantage of the office in which he serves,” Pearce said.
Kwan has been a justice court judge in the Salt Lake City suburb of Taylorsville since 1998. He deals with misdemeanor cases, violations of ordinances and small claims.
He was first appointed by elected city officials to a six-year term and was retained in the position by voters.
Kwan argued the suspension was inappropriate and an unlawful attempt to regulate his constitutionally protected speech, Pearce wrote in the opinion.
Kwan’s attorney, Greg Skordas, said the judge is disappointed with the severity of the suspension but accepted that he would get some reprimand.
Like many people after the 2016 election, Kwan felt strongly about the results and said some things “in haste,” Skordas said.
He knows judges are held to a higher standard and must be careful, the lawyer said.
“He certainly regrets making those statements and is committed to not doing anything like that again,” Skordas said.
It’s unknown what Kwan’s political affiliation is because he chooses to keep his voter registration private, an option available to any state voter, said Justin Lee, Utah director of elections.
Skordas said he doesn’t know Kwan’s political party but noted the judge has been reprimanded previously during his career for comments critical of politicians from both major parties.
Pearce referred to those past reprimands while justifying the severity of the suspension.
Related listings
-
Kansas tells court broad support is reason to OK schools law
Supreme Court News 04/08/2019Lawyers for Kansas told the state Supreme Court on Monday that it should sign off on a new law boosting spending on public schools and end a protracted education funding lawsuit partly because the law has broad, bipartisan support.Attorney General De...
-
Group takes oil refinery fight to North Dakota's high court
Supreme Court News 03/27/2019An environmental group is taking its battle against an oil refinery being developed near Theodore Roosevelt National Park to the North Dakota Supreme Court.The National Parks Conservation Association argued in its Wednesday filing that an air quality...
-
Supreme Court set for case on racial bias in jury selection
Supreme Court News 03/14/2019Curtis Flowers has been jailed in Mississippi for 22 years, even as prosecutors couldn't get a murder conviction against him to stick through five trials.Three convictions were tossed out, and two other juries couldn't reach unanimous verdicts.This w...
Texas Adopts Statewide Texting-While-Driving Ban
Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”
The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.
Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.
Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.