Legal News

Retired 'gift card' judge censured by CJP

By Richard Binder

Yesterday the Commission on Judicial Performance censured retired Los Angeles Superior Court Judge Brett C. Klein because of his handling of a class action against Windsor Fashions, Inc.

The plaintiffs were suing the store or alleged violations of the Song-Beverly Credit Card Act. Customers were being asked for identification when paying by credit card. The parties reached a preliminary settlement that awarded each class member with a $10 gift voucher. The settlement also awarded $2,500 to class member Jacqueline Cohen and $125,000 in fees to class counsel Neil B. Fineman. Klein was substituting for the original judge, who was ill, on the day of the fairness hearing. It was then that he decided that Fineman and Cohen be paid in $10 vouchers as well.

The CJP referred to Klein's "pattern of sarcasm and improper remarks toward the attorneys" during the fairness hearing and "the appearance of being punitive toward the plaintiffs? attorney and grandstanding to the press" in their decision. They also noted that Klein had been disciplined previously for similar misconduct. The decision bars Klein from holding future judicial office.

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Full post as published by Legal Pad | LA on February 03, 2010 (boomark / email).