A former judge in Maryland was sentenced today to one year of probation for violating the civil rights of a defendant. The case stems from an incident in July 2014, when former Charles County Circuit Court Judge Robert Nalley “ordered a deputy sheriff to activate a ‘stun-cuff’ a defendant was wearing around his ankle, leading the defendant to fall to the ground and scream.” From Talking Points Memo:
Nalley ordered the shock during jury selection after the defendant, who was representing himself in a criminal trial, objected to Nalley's authority to conduct the proceedings. After the man repeatedly ignored Nalley's questions and his commands to stop speaking, Nalley told the deputy sheriff to activate the "stun-cuff."
"Do it. Use it," Nalley said, according to the plea deal's statement of facts.
The defendant stopped speaking when the deputy sheriff approached him and activated the device, which administered an electric shock for about five seconds.
Yes, instead of simply removing or instituting other appropriate sanctions, this judge had a defendant zapped with electricity in a courtroom—even after the defendant stopped talking. The defendant was representing himself during the court proceeding.
At the time of the incident, Nalley was technically retired from the bench but was serving as a “recalled judge” that filled in when necessary. In September of 2014, he was removed as a recalled judge and no longer has the right to hear cases.
Nalley’s malicious creativity was found to be “objectively unreasonable under the circumstances.” U.S. Attorney for the District of Maryland Rod Rosenstein announced the sentence and denounced Nalley’s actions. “Disruptive defendants may be excluded from the courtroom and prosecuted for obstruction of justice and contempt of court, but force may not be used in the absence of danger,” stated Rosenstein.
Nalley faced a maximum sentence of a year in jail and an $100,000 fine, but as part of his plea deal prosecutors instead recommended one year of probation. Federal Magistrate Judge William Connelly also ordered Nalley to pay a $5,000 fine and attend anger management classes.
Perhaps unsurprisingly, Nalley’s been in trouble with the court before:
In 2010, he pleaded guilty to tampering with a vehicle after he deflated the tire of a cleaning woman's car that was parked in a restricted zone at the courthouse. As a result, he was fined, had to write a letter of apology and was suspended for five days without pay.
