In a rare ruling, a Denver County Court judge who was under investigation after paying a defendant’s $1 bond last year was publicly censured by Mayor Mike Johnston and suspended after a Denver Judicial Discipline Commission review.
County Court Judge Barry Schwartz was suspended without pay for one week after the mayor issued his order on Friday.
After setting a $1 bond for a defendant in a bond forfeiture hearing from a 2016 misdemeanor assault case, a representative for the defendant said she did not have the $1 for bond, but could go to an ATM machine. Schwartz then said, “We have a dollar,” and handed it to the representative. Denver7 Investigates had obtained an audio recording from that hearing.
Schwartz was reassigned and did not hear cases while the investigation was ongoing.
“By personally facilitating the posting of bail for a defendant, the Mayor finds that Judge Schwartz compromised the impartiality, integrity, and independence of the judiciary,” the censure order stated. It added, “This defendant was charged with a violent crime and had refused to show up to court on four separate occasions. That scenario represents a serious concern for our community and should be treated as such by everyone involved, especially the judicial officer whose court orders had been defied repeatedly.”
The order found that Schwartz violated two rules of judicial conduct that require judges to act fairly, independently, impartially and with integrity.
In October, Denver7 Investigates spoke to two legal experts – Attorney Harvey Steinberg and retired Judge Dennis Maes – both of whom said that Schwartz’s actions were unethical. However, both said Schwartz should not lose his job over the incident.
Denver7 Investigates sent emails to Schwartz's attorney and a County Court spokesperson requesting interviews with Schwartz and Presiding Judge Kerri Lombardi. Both declined interviews.
Lombardi provided a written statement that read:
“I am grateful for the Judicial Discipline Commission's thorough work in addressing this matter.
I recognize these situations are difficult for everyone involved - for the judge, for colleagues, and for the community we serve. The disciplinary process, while challenging, is essential to maintaining the integrity of our judicial system and public confidence in the judiciary.
The people of Denver must be able to trust that their courts uphold the highest standards of conduct and professionalism. We take this responsibility seriously and remain committed to providing fair, impartial, and accessible justice to all who come before us.”
