Judge raising fists at defendant amounts to 'inappropriate and undignified' behavior, state supreme court says
Tulsa County District Judge Sharon Holmes in Oklahoma demonstrated a pattern of undignified behavior, which she acknowledged, according to the Oklahoma Supreme Court. (Photo from the Oklahoma State Courts Network)
An Oklahoma judge in the Tulsa County District Court has been publicly reprimanded by the state supreme court for allegedly stepping away from the bench and toward an agitated defendant with her fists raised. Additionally, she was accused of engaging in ex parte communications with another defendant and a jury.
In a divided order, the court rejected a recommendation from the Oklahoma Council on Judicial Complaints that Judge Sharon Holmes be removed from the bench. That is the most severe sanction and should be reserved for the worst conduct, according to the Sept. 24 order.
The Oklahoman reports that Holmes declined to comment on the matter through her county clerk.
Regarding ex parte communications, a criminal defendant in open court asked to speak with Holmes about a personal matter, according to the order. She responded that she would speak with him privately, as long as his lawyer did not object. Neither the defense or the state objected, and Holmes spoke with the defendant privately in the hallway. Then the district attorney’s office asked for a recusal, which Holmes declined, saying the conversation had nothing to do with the case, according to the order.
And regarding her conversation with a jury, she spoke with jurors privately for five to 10 minutes and would not tell the defense counsel what was discussed when she returned to the bench, according to the order. The state sought a recusal from Holmes; she initially said no but changed her mind the following day, “in the interest of efficiency to allow the case to move forward quickly,” according to the order.
In a conversation with the state supreme court’s chief justice, Holmes acknowledged that was not appropriate, according to the order.
Regarding behavior, besides approaching a defendant with her fists raised, Holmes is also accused of lashing out at an assistant public defender trying to organize photos for admission, then ordering them to the hallway and yelling at them in a way that was “very hostile and very nasty,” according to witnesses and the order.
“The report concludes that Judge Holmes has demonstrated a pattern of undignified behavior, exhibiting her lack of impulse control and proper temperament. During her interview with the chief justice, Judge Holmes acknowledged that her behavior was inappropriate and undignified,” according to the order.
An Air Force veteran who spent six years on its security police force, Holmes entered the Oklahoma City University School of Law at age 40, according to an Oklahoma Magazine article. She started her career at the Tulsa County district attorney’s office and later went into private practice. She was elected to the bench in 2014.
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