Sharon Holmes Reprimand Issued by Oklahoma Supreme Court
Sharon Holmes Reprimand: Oklahoma Supreme Court Cites Repeated Judicial Misconduct
The Oklahoma Supreme Court has publicly reprimanded Tulsa County District Judge Sharon Holmes after finding repeated violations of judicial conduct rules involving private communications, courtroom behavior, sentencing decisions and her testimony during the disciplinary investigation. The September 28 order stopped short of removing Holmes from office despite a recommendation from the Council on Judicial Complaints that the allegations warranted proceedings that could lead to her removal.
The Sharon Holmes reprimand follows an extensive judicial misconduct investigation and years of disputes involving the Tulsa County judge. The Supreme Court described portions of Holmes' conduct as "indefensible" and concluded that her actions demonstrated a "serious lack of impulse control," poor judgment and failure to respect boundaries imposed by Oklahoma's Code of Judicial Conduct.
Sharon Holmes Reprimand Includes Multiple Judicial Conduct Violations
The Oklahoma Supreme Court sustained multiple allegations against Holmes involving her conduct both inside and outside the courtroom.
Among the most significant findings were ex parte communications, or communications involving one side of a legal proceeding without the other parties or attorneys being present.
The court found Holmes had private communications with criminal defendants, family members and jurors and did not adequately disclose the substance of those conversations to attorneys involved in the cases.
Judges generally are prohibited from initiating, permitting or considering unauthorized ex parte communications concerning pending matters. Those restrictions are contained in Oklahoma's Code of Judicial Conduct, which establishes ethical requirements governing impartiality, courtroom conduct and communications by judges.
The Supreme Court also found problems with Holmes' handling of defendants placed into ARISE, a Tulsa County diversionary program.
According to the court, Holmes allowed defendants into the program who were not statutorily eligible, resulting in sentences that did not comply with applicable requirements.
The justices also addressed Holmes' demeanor.
Evidence considered during the disciplinary process included an incident in which Holmes yelled at an assistant public defender in a courthouse hallway and another confrontation in which she approached a defendant with her fists raised.
The court concluded the behavior violated standards requiring judges to remain patient, dignified and courteous while performing judicial duties.
Supreme Court Also Questions Holmes' Candor During Investigation
The disciplinary proceeding did not focus only on Holmes' conduct in criminal cases.
The Supreme Court also concluded that Holmes demonstrated a lack of candor during the investigation itself, finding portions of her testimony inconsistent with other evidence presented during the proceeding.
That issue was particularly significant because judicial conduct rules require judges to cooperate with disciplinary authorities and maintain the integrity expected of judicial office.
The court's findings came after the Oklahoma Council on Judicial Complaints investigated allegations concerning Holmes. The council is the state body responsible for investigating complaints alleging misconduct by Oklahoma judges.
Under Oklahoma's judicial disciplinary system, the council investigates complaints and can recommend further action, but it does not itself remove a judge from office. The Council on Judicial Complaints explains that complaints can involve allegations including misconduct in office, violations of judicial ethics and other conduct affecting a judge's ability to perform judicial responsibilities.
The council ultimately concluded that Holmes' repeated conduct warranted more serious proceedings.
The Supreme Court agreed that misconduct occurred but disagreed over the appropriate sanction.
Chief Justice Dustin Rowe, writing in the proceeding, said the court was not excusing the behavior simply because it declined to pursue removal.
The majority concluded that Holmes' conduct, while serious, did not sufficiently establish the type of oppression in office or excessive use of judicial authority necessary to justify the more severe action sought through the disciplinary process.
Justices Split Over Whether Stronger Action Was Warranted
The decision was not unanimous on what should happen to Holmes.
Five justices supported the public reprimand, while another justice favored a suspension and another concluded the matter should have proceeded before the Oklahoma Court on the Judiciary, the constitutional body empowered to impose certain forms of judicial discipline, including removal from office.
The Oklahoma Supreme Court is the state's highest court for civil matters and also exercises administrative authority over Oklahoma's judicial system. The Court on the Judiciary operates separately under provisions of the Oklahoma Constitution governing judicial discipline.
The Holmes proceeding follows years of tension between the judge and Tulsa County District Attorney Steve Kunzweiler's office.
Prosecutors previously sought Holmes' recusal or removal from several criminal cases, raising concerns about her temperament and communications with defendants outside the presence of prosecutors.
One dispute involved Holmes meeting privately with a murder defendant, prompting prosecutors to seek her removal from that case. Other disputes centered on sentencing decisions and the handling of defendants in diversion programs.
The September ruling does not remove Holmes from the bench.
Instead, the public reprimand becomes a formal disciplinary action against a sitting district judge while allowing her to continue serving in Tulsa County.
The Supreme Court's decision also draws a distinction between determining that a judge violated ethical standards and determining that the conduct meets the constitutional or statutory threshold for removal from judicial office.
The Sharon Holmes reprimand therefore leaves Holmes on the bench while formally establishing that Oklahoma's highest court found repeated violations serious enough to warrant public judicial discipline.
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