In a rare public hearing yesterday, Baltimore Circuit Judge Alfred Nance defended himself against allegations of misconduct and asked a state judicial disciplinary panel to dismiss the matter or send it to an appeals court.
His lawyers, Jose F. Anderson and Alvin I. Frederick, argued before the Commission on Judicial Disabilities about accusations that the judge massaged a young prosecutor's shoulder and criticized the way a prospective juror wore his yarmulke in court last year.
The 11-member commission is expected to make a decision on whether to go forward with the case by the next hearing Oct. 21. If that hearing goes forward, members will then decide whether to sanction Nance.
He can be publicly reprimanded or the panel can refer the case to the state Court of Appeals, which can impose sanctions ranging from a private warning to removal from office.
According to documents made public last month, the commission found "probable cause to believe that the Judge has committed sanctionable conduct" in both cases.
But Nance's lawyers said the massage was a "tap on the shoulder," and the issue concerning the yarmulke, the traditional Jewish head covering for men, was so insignificant that "it should not be here at all."
`Chills down the spine'
"This whole procedure should send chills down the spine of every person who wears a robe," Frederick said.
Nance has been the subject of several complaints, and in 2001 received a reprimand from the panel, which found that he acted in "undignified" and "demeaning" ways toward women in his court and chambers.
Yesterday, Anderson argued that the investigative process is inherently unfair, because the commission that investigates a claim also decides the outcome.
He said that the commission is biased because it charged him with the violations, and therefore cannot act as an impartial judge in his case. He asked that the commission find its procedures, which have been sanctioned by the Court of Appeals, unconstitutional.
"This is a life-altering decision that will be made without review except by the people who issue it," Anderson said.
Additionally, Anderson said that Nance has been "disgraced in front of his friends and family and his place of worship" because of recent news accounts.
Speaking for the commission was its investigative counsel, Steven P. Lemmey, who said that the panel followed its rules.
