In a rare but important display of accountability, the California Commission on Judicial Performance issued a public admonishment against Judge Susan L. Greenberg of the San Mateo County Superior Court. The action, announced on September 10, 2024, came after a serious breach of a fundamental legal principle: due process. This case isn’t just a story about one judge; it’s a critical lesson on what happens when the very people who swear to uphold the law fail to do so.
The Incident: A Denial of Justice
The disciplinary action stems from a civil harassment restraining order hearing in June 2022. The defendant, Henry Chicas, and his attorney arrived late. Instead of proceeding, Judge Greenberg summarily denied them the right to participate or present evidence, declaring their tardiness “unacceptable.” She then issued a permanent restraining order against Mr. Chicas, basing her decision solely on the petitioner’s testimony.
This action was a textbook violation of due process, the legal requirement that the state must respect all legal rights owed to a person. Mr. Chicas had the right to be heard, to present his case, and to face the evidence against him. Judge Greenberg’s decision to shut him out completely made the hearing fundamentally unfair.
The Reversal and the Admonishment
Mr. Chicas appealed the decision, and a higher court quickly sided with him. The First District Court of Appeal reversed the restraining order, stating that Judge Greenberg had abused her discretion. This wasn’t a minor error; it was a significant overreach that directly undermined the integrity of the court.
The Commission on Judicial Performance took the appellate court’s finding seriously. Their investigation found that Judge Greenberg’s actions gave the “appearance of bias and retaliation” for the attorney’s late arrival. The Commission also noted that this wasn’t her first offense. In 2017, she had received a private admonishment for similar misconduct, which included failing to disclose campaign contributions and denying a litigant proper notice before appointing a guardian ad litem. This established a concerning pattern of disregarding a party’s right to be heard.
Why This Matters
The public admonishment of Judge Greenberg is more than just a punishment; it’s a powerful statement about the non-negotiable nature of due process. Judges are granted immense power, but with that power comes a profound responsibility to ensure fairness. When a judge abuses their authority, it erodes public trust in the entire legal system.
This case shows that even judges are not above the law. The Commission’s action serves as a vital check on judicial power and a reminder that every person, regardless of their status or their perceived missteps, is entitled to their day in court.