JUDGE SUED; TICKET-FIX TRY ALLEGED.Byline: Donna Huffaker Staff Writer A former Glendale traffic commissioner has accused her previous boss of firing her because she refused to ``fix'' tickets for his friends, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. a recently filed lawsuit in U.S. District Court. Dona Bracke, dismissed from the bench last December after a three-month investigation into her alleged unethical conduct Behavior that falls below or violates the professional standards in a particular field. In law, this can include Attorney Misconduct or ethics violations. The standards for conduct to be observed by attorneys can be found in the Code of Professional Responsibility; members of , said Glendale Municipal Court Judge James Simpson The name James Simpson can refer to:
Bracke, who has moved to Washington and is looking for Looking for In the context of general equities, this describing a buy interest in which a dealer is asked to offer stock, often involving a capital commitment. Antithesis of in touch with. employment, sued Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. County and Simpson, Glendale's presiding judge presiding judge n. 1) in both state and federal appeals court, the judge who chairs the panel of three or more judges during hearings and supervises the business of the court. , for wrongful termination wrongful termination n. a right of an employee to sue his/her employer for damages (loss of wage and "fringe" benefits, and, if against "public policy," for punitive damages). , breach of covenant of good faith and fair dealing and intentional and negligent infliction of emotional distress The tort of negligent infliction of emotional distress (NIED) is a controversial legal theory and is not accepted in many United States jurisdictions. The underlying concept is that one has a legal duty to use reasonable care to avoid causing emotional distress to another , according to court documents filed Dec. 13. Bracke is seeking more than $75,000 for loss of wages and benefits. ``Dona Bracke did not do anything unethical or illegal. She refused to fix tickets for Judge Simpson and her reward for that was being fired,'' said Diane Goldman, Bracke's attorney. ``She is a single parent raising two children - this has completely turned her life upside down,'' Goldman added. Thomas Tyrrell, principal deputy in the County Counsel's Office, declined to comment on the case Monday, noting he has not yet read the complaint. Phone messages left for Simpson were not returned Monday. Tyrrell pointed out that the canons of judicial ethics prohibit Simpson from commenting on pending lawsuits. Goldman said Bracke recently passed the bar exam in Washington. Calling Bracke's integrity on the bench ``beyond reproach,'' Goldman said her client served as a court commissioner for seven years. In 1997, Bracke gained notoriety for cracking down on uninsured drivers. But it was her tactics - calling the defendants' insurance companies and having defendants arrested in her courtroom - that launched complaints from attorneys and members of the community. While some defendants were arrested for allegedly lying about having car insurance, others were exonerated once Bracke conferred with the insurance companies, Goldman said. Bracke has said she halted her calls to insurance companies in March, after receiving an opinion from the Los Angeles Municipal Court Research and Planning Section. Bracke has said Simpson, to whom she lost an election in 1994, and the other Glendale judges knew of her courtroom practices and allowed them to continue until the research opinion came down. It was during 1997 and 1998 Bracke alleges Simpson asked and pressured her to ``fix'' tickets or improperly prejudge pre·judge tr.v. pre·judged, pre·judg·ing, pre·judg·es To judge beforehand without possessing adequate evidence. pre·judg convictions or sentences for traffic tickets for Simpson's friends and colleagues. Bracke refused his request, court documents say. She was placed on administrative leave in August 1998 - just after Pasadena Superior Court Judge Terry Smerling overturned one of her decisions, called her a ``de facto [Latin, In fact.] In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. prosecutor'' and criticized her policy of calling insurance companies. Once Bracke was on leave, Simpson appointed retired Los Angeles Superior Court Judge Peter Smith to investigate her conduct. In Bracke's lawsuit, she alleges the report written at the close of the investigation was false and Simpson ``engaged in improper and unethical contact and communication'' with the person who conducted the investigation. Simpson did this to ensure her termination, court documents say. When Bracke was allowed to see the report on the investigation's findings, Simpson ``took, hid and removed court materials'' from Bracke so that she would be unable to defend herself against ``the false and inaccurate data'' in the report, court documents say. Bracke also alleges in her lawsuit that she was denied unemployment insurance benefits. Calling Simpson's conduct ``outrageous and despicable,'' Bracke alleges she has suffered extreme emotional distress emotional distress n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. , humiliation and embarrassment because of Simpson, court documents say. Bracke believes Simpson was motivated by malice and hatred, the documents say. Goldman, who has known Bracke for 20 years and worked alongside her as a deputy district attorney, said evidence will prove Bracke was wronged. |
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