The state has filed criminal charges against a Baltimore judge, accusing him of failing to clean up hundreds of tons of construction rubble dumped on his waterfront property in Anne Arundel County, the attorney general's office announced yesterday.
District Judge Askew W. Gatewood Jr., who maintains a residence in Riviera Beach on the Patapsco River, faces 12 counts, including allegations of unlawfully filling a wetland, unlawful dumping, construction without a sediment control plan and water pollution. If convicted on all charges, he could be sentenced to seven years in prison and $75,000 in fines.
"These charges address serious environmental crimes," said Raquel Guillory, a spokesman for Attorney General Douglas F. Gansler. "Just taking a look at the fines and the potential for jail time, these should not be taken lightly."
The charges, which were filed Friday in Anne Arundel County Circuit Court, follow civil complaints filed by the county and the Maryland Department of the Environment demanding a cleanup and seeking damages.
Gatewood's attorney, John F. Dougherty, predicted that his client would be exonerated, but he declined to discuss the specific allegations. Dougherty has said previously that his client was performing shoreline restoration work to repair damage from 2003's Tropical Storm Isabel on his secondary home on Bay Road. County inspectors said they found no evidence of damage.
"The charges have no basis or fact," said Dougherty, who said he learned of the criminal charges from news media inquiries. "Unlike the attorney general, we're going to try this case in the courts, not in the newspapers."
It is unclear how the charges against Gatewood could affect his seat on the bench. He has been a Baltimore district court judge since 1984. He is also president and sole owner of Monumental City Realty Corp., a real estate development company.
The Maryland Commission of Judicial Disabilities, the investigative body that enforces conduct among the Maryland judiciary, can issue a private reprimand, enter into a deferred discipline agreement with a judge or conduct a hearing to determine whether a judge has a disability necessitating retirement or has committed sanctionable conduct, according to its Web site. Only one or two cases each year result in those actions.
The commission, which typically investigates 120 to 150 judges each year, can also recommend sanctions to the Maryland Court of Appeals, which can include a censure or removal from office, a rare scenario.
