Thursday, August 25, 2005

NESCT: reprimand for Lanc County Judge Lindner

Supreme Court commission recommends reprimand for Judge's profane reaction to obstinate immigrant traffic court defendant. LINCOLN, Neb. (AP) -- A Lancaster County judge should be publicly reprimanded for allegedly using profanity in referring to a Bosnian refugee during a court appearance last year, a state judicial ethics commission said.The Nebraska Commission on Judicial Qualifications made the recommendation about County Judge Jack Lindner to the Nebraska Supreme Court in a report last month. According to a complaint signed by Supreme Court Justice John Henry, chairman of the commission, Tihomir Nikolic, 50, was charged with failing to obey a police officer on July 5, 2003. When Nikolic was leaving the courtroom with an interpreter after a hearing, Lindner allegedly used several expletives in reference to Bosnians, according to the complaint. Records said Lindner apparently misunderstood the man as saying he could not make a court date because of a business trip, and told him he could leave the room only when given permission by the judge. Nikolic later pleaded guilty and was fined $50. The court has not yet acted on the recommendation, a spokeswoman said. Lindner, 71, declined to comment to the Lincoln Journal Star through a spokeswoman on Tuesday. A person not identified in court records reported the remark to state judicial officials, prompting the commission to file a complaint against Lindner with the Supreme Court on Feb. 7. Hearings were held before a special master in April. This summer the commission conducted its own hearings and adopted the special master's recommendation that Lindner be reprimanded. The commission said Lindner's remarks were made out of irritation and frustration. The panel concluded he did not mean for his remarks to be an ethnic slur, but it said the comments went against state judicial credence that judges should not give the appearance of bias. Lindner could have faced a punishment as severe as removal from office. But the commission noted the remark was out of character for him. It also noted he had expressed regret for the statement and acknowledged he owed apologies to the man and his fellow judges.

1 comment:

Anonymous said...

Judge was very rude and unprofessional. He never appologized to the man even though he said in papers that he did. He should be removed from office anyway because he is 72 years old and his prime years have passed him by long time ago.