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Tuesday, November 11, 2025

Caught with Trousers Down

I have written about some untoward judicial behavior over the years. There are those who take a Pirates of the Caribbean (Disney 2003) approach to regulations and the Code of Judicial Conduct ("the Code is more what you'd call 'guidelines' than actual rules.").

Remember the judges who had drinks, hit a strip club, spewed profanities, and ended up getting shot in a fast-food parking lot? But there have been several who made the news for allegations of drinking and driving.

All of these are discussed and linked in Appearances (October 2025). Other recent examples of the perils of alcohol for judges are in Adjectives and Appearances (June 2024), A Judge Under Surveillance (June 2025), and the posts linked there. Alcohol and inebriation can be troublesome for any professional, including lawyers, doctors, and more. But it is reasonably likely a judge facing such accusations will make the news.

One recent example involved body-cam footage. I have repeatedly suggested that we are all under near-constant surveillance. See
Surveillance, Conflicting Rights, and Balance (May 2021). The judge in this recent example was allegedly caught on body-camera "urinating in the street," according to FOX 10.

This was not on some dark country road in some isolated urgency. There are a few parts of the world where finding a toilet in the dark may be a real challenge. No, the allegations are that the police happened upon "the moment the woman had just pulled up her pants, and was sitting on a bench, face to face with ... police" at 01:30.

This was allegedly a few steps from the "courthouse plaza" in which Judge Pro Tempore Kristyne Schaaf-Olson regularly presided. As the officer strove to identify the urinating lady (who apparently was also gastronomically unwell), the judge's spouse interceded with the "you gonna believe me or your lying eyes" defense.

The news article includes the video, "obtained from an anonymous source," and a Google map to illustrate where the circumstances occurred.

The police apparently chose their eyes and their body cam footage over the (also public employee) spouse's protestations of innocence. The spouse ended up arrested, and the judge merely cited. This, despite the judge's clear protestations on the video emphasizing her "Judge" title. 

As an aside, stressing your job title will likely do little more than attract the press. And, the Code of Judicial Conduct, Canon 2, precludes the "I'm a judge" pronouncement for personal gain or advantage. This is periodically called "playing the judge card," and it is inappropriate and indecorous. 

In the judge's defense, following the October 4, 2025, arrest, she apparently self-reported later that day (Saturday), "accepted full responsibility" and submitted a "resignation on Monday, October 6." Though the news report suggests an investigation by the Arizona Commission on Judicial Conduct remained pending, the resignation likely divested that of jurisdiction.

The lessons here are reasonably simple. First, little good happens after midnight. Second, drinking in public may lead to decreased inhibitions, poor decisions, and untoward outcomes. Third, surveillance cameras are everywhere. Fourth, getting caught with your trousers down is embarrassing at best. Fifth, playing the judge card is a universally poor idea. Sixth, interfering with the police may lead to your arrest. 

And, finally, there are honorable paths out of errors and mistakes. The judge was appropriate in (1) self-reporting immediately, (2) resigning from office, and (3) focusing on the needs of the public and the court in the process. 

The situation is troubling, but it could be worse. More recently, the "chief judge of (Iowa's) Second Judicial District" was arrested in a scene that might sound to some like a Hollywood script. Headline USA reported that the chief judge is accused of driving "the wrong way on a highway Tuesday night while passed out behind the wheel." Urinating in the street is unsanitary, but it is less dangerous than operating a vehicle.