(Source: MIRS.news, Published 12/20/2023) The Judicial Tenure Commission publicly admonished Berrien County Circuit Judge Charles LaSata, a former state representative, for misconduct - including disparaging criminal defendants and criticizing defense attorneys - that occurred over a period of years.
The JTC found that LaSata violated a judicial canon that prohibits a judge from “publicly endorsing a candidate for non-judicial office” when he posted a photograph of himself, his wife, who is former Senator Kim LaSata (R-St. Joseph), and others under a campaign banner supporting his wife’s candidacy.
Judge LaSata also drove a car with a bumper sticker supporting his wife’s candidacy and publicly displayed a campaign sign for his wife on Election Day.
The judge disputed those allegations, claiming he did not post the photograph of him and his wife and he wasn’t aware of the car’s bumper sticker.
“We recognize that the campaign was your wife’s and that the circumstances put you in an awkward position, but the canons contain no exception for a spouse’s campaign,” reads the JTC's Dec. 12 admonishment letter, which was released today and signed by Chair Jon H. HULSING.
A message seeking comment from Judge LaSata was not immediately returned.
The letter, which Judge LaSata allowed to be made public, acknowledges his past improper actions – including threatening attorneys, taking actions motivated by anger and infringing on an attorney-client relationship – as well as his significant improvement since those improprieties were brought to his attention in September 2020.
“Demeanor issues were the most frequent complaints we received about you, and we found concerns about your demeanor substantiated,” the JTC’s letter reads. “You attributed your demeanor issues to trauma you experienced due to a 2016 shooting just outside your courtroom.
“While we have no doubt that your trauma for the shooting was real and contributed to the problems with your demeanor, and we applaud you for recognizing and addressing that trauma, our investigation showed that valid concerns about your demeanor preceded the shooting as well.”
According to the JTC’s letter, Judge LaSata “disparaged criminal defendants in personal terms,” which violates judicial canons about treating everyone fairly and with respect. The JTC also found that the judge ignored defendants’ concerns when their lawyers were not present and the JTC dismissed his explanation that he had a heavy docket.
“… The fact that you had a heavy docket did not give you license to ignore the defendants’ protests that they were unrepresented by lawyers,” the JTC’s letter reads.
The JTC also criticized Judge LaSata’s treatment of defense attorneys, including opining that motions “filed by criminal defense attorneys were frivolous” and an attempt to delay court proceedings and that the judge threatened attorneys with sanctions or with filing a grievance.
The JTC said Judge LaSata has kept his promise, however, to “no longer make unjustified threats” against attorneys.
Judge LaSata served in the House from 1999 to 2004, serving as vice-chair of the House Appropriations Committee, chair of the Corrections Subcommittee, vice-chair of the Judiciary Committee and chair of the bi-partisan lawyer’s caucus.
Kim LaSata served in both the House and Senate from 2017 to 2022. She ran for re-election in 2022, but lost the Republican primary.
