A now-former judge fined and disbarred. The discipline stems from being found to have violated the Hatch Act. From the bench, she was an advocate former candidate Hillary Clinton.
She spoke politically for her immigration reform plan during a 2016 hearing. The U.S. Office of Special Counsel (OSC) made the announcement on Sept. 17.
Who
Former judge Carmene “Zsa Zsa” DePaolo was presiding over an immigration case. The individual was facing deportation and a subsequent 10-year bar on re-entry into the United States. DePaolo was an immigration judge on the Otay Mesa Immigration Court in California.
What
During the public hearing DePaolo’s remarks include that the penalty was “a pretty harsh thing.” But she did not stop there. She continued that Clinton had intended to change it. As long as “the Senate becomes a Democratic body and there’s some hope that they can actually pass immigration legislation.” The information is according to the OSC.
The judge then took a shot at Republicans. She said they “aren’t going to do anything” about immigration “if they can help it,” other than to “try to deport everybody.”
Decision
According to the decision, the “respondent’s actions raises the specter that this nation’s courtrooms are partisan, and that judges consider political platforms when advising litigants. The very nature of her offense politicizes the judiciary and the federal workforce and militates toward a more severe sanction…
This conduct sends a bad message to subordinates and possibly instils the notion that political activity is allowed at work. If a judge can say it from the bench, what stops other employees from making these statements in the office?”
DePaolo was subsequently fined $1,000. That is the maximum possible civil penalty. For two-and-a-half-years she will be ineligible to return to federal service.
Enforcement Special Counsel Henry J. Kerner said in the statement:
“We are very pleased with the outcome of this case and believe the significant disciplinary action imposed against Judge DePaolo is appropriate and warranted…”
The OSC first filed the complaint against DePaolo back in 2018.
The Hatch Act is a federal law in place since 1939. It prohibits a federal employee from engaging in partisan political activity while on duty or in the federal workplace. All federal civilians employees working in the executive branch are covered under the Hatch Act. This includes employees of the U.S. Postal Service. There is an exclusion for the president and vice president.
Penalties
The penalties for violation of the act include removal from federal service. They also can include reduction in grade, debarment from federal employment for a period not to exceed 5 years. Penalties also include suspension, reprimand, or a civil penalty not to exceed $1,000.
Conclusion
A now former judge fined and disbarred. The action comes for political bias from the bench. This is actually the first such action I have come across in at least 10 years. Why is that?