Controversial Judge Moved to New Business Court
By Manju Subramanya, Staff Writer
Originally published in The Gazette, September 18, 2002
Circuit Court Judge Durke G. Thompson, under fire from women's groups for alleged bias against women in his courtroom, will move Jan. 1 to judge mostly high-tech and business law disputes in a newly created division of the Rockville court.
Administrative Judge Paul H. Weinstein has assigned Thompson and Judge Michael D. Mason, both of whom will receive specialized training in business and technology issues, to the division for the next five years.
The move is being viewed by some Thompson critics as a way of removing the 60-year-old judge from criminal cases. He has been pilloried by women's groups for adverse rulings against victims and a condescending attitude toward women prosecutors.
The transfer is also being perceived by some as an astute political move to help the six sitting Circuit Court judges in their election campaign against lone challenger Thomas Eldridge, who has cited Thompson as a reason why the judges should not be re-elected.
"Sounds to me like they are creating a division to deal with his problems," said Joselyn Wells, president of the Montgomery chapter of the National Organization of Women. "It sounds to me like this is an easy out."
Weinstein dismissed that comment as "crap" during an interview in his chambers on Tuesday.
"I gave that no consideration," he said of the furor around Thompson's rulings. "The issues with Judge Thompson and the elections did not arise when he was selected [for the new court] six months ago.
"They're blowing hot air," he said, dismissing Thompson's critics.
Weinstein said he expects the two judges each to have a light load of about five to eight business cases a year, so they will be part of the court's normal rotation, which moves judges every 15 months. But Thompson will handle fewer criminal cases than before, Weinstein said.
Political or not?
"Certainly, it is an interesting coincidence that it occurs right after a firestorm of criticism," Eldridge, a former assistant state's attorney, said Tuesday, saying he was surprised by the decision.
"I think that what's clear is that judges realize people are watching what they do," he said.
Thompson was chosen for his experience in handling complex business law cases while in private practice, Weinstein said. Thompson has been on the bench for eight years; his current term runs through 2011.
"I looked down the roster [of judges], looked at their background in this area and picked them," Weinstein said. "Of course, they had to agree to do it—it is a five-year commitment."
Thompson did not return a call seeking comment. His attorney, Paul F. Kemp, could not be reached.
Two years ago, Thompson outraged women's groups when he told the father of a 11-year-old sexual assault victim from Rockville that "it takes two to tango" as he sentenced her molester to 18 months in jail.
The judge later apologized, but said his comments had been taken out of context.
The Judicial Commission on Disabilities, a state agency that investigates complaints against judges, dismissed the complaints in June 2000, but issued a warning to Thompson.
Thompson has been accused of being prejudiced against women in at least three cases this year.
The most recent brouhaha arose after Thompson allowed Sidney Richardson, a man convicted of abusing his stepdaughter, to return to live in the same house with her. The stepdaughter gave birth in November, and police are awaiting DNA results to determine if Richardson is the father.
Richardson's case became campaign fodder for Eldridge, who cited it in one of his mailings.
Weinstein questioned Tuesday whether Eldridge is qualified to be a judge, saying he has no experience in civil and family law cases.
"People think all we do is criminal [cases]," Weinstein said. About 21 percent of Circuit Court cases are criminal, 37 percent are civil and 42 percent involve family law, he said, citing statistics that do not include juvenile cases that became part of the court in March.
Eldridge countered that he could cite several instances of judges who lacked criminal experience—including Ann N. Sundt, one of the six judges up for election.
Coincidental timing?
"The timing of it—in the middle of a heated campaign—it will be perceived as benefiting the judges," said James F. Shalleck, a Montgomery Village lawyer who lost his bid for a judgeship in the primary where four challengers vied to unseat the six judges. Judges DeLawrence Beard, John W. Debelius, Joseph A. Dugan Jr., Eric Johnson and William J. Rowan III and Sundt triumphed over three challengers—Shalleck, school board member Stephen N. Abrams and D.C. government attorney Charles B. Barksdale. Eldridge alone survived the primary and will be on the Nov. 5 ballot; he is the first judicial challenger in 44 years to move beyond the primary.
"If they were going to do something to affect the elections, they would not do it Jan. 1," retorted Harry W. Lerch, a Bethesda lawyer and spokesman for the judges campaign. "The way the campaign is going, we could be blamed for the sun going up."
"There's no question that Judge Thompson has been a lightning rod for criticism of the bench," said political commentator Stanton J. Gildenhorn, who is serving as an adviser to the judges' campaign. "But it does not extend beyond that.
"Eldridge has set up a fictitious opponent," he said. "It will be apparent by November that Eldridge was running against someone who is not running."
