Judges vote Gaston out of juvenile courtroom

Sandy Thompson

Wednesday, Sept. 6, 2000 | 11:21 a.m.

Five Family Court judges have voted to reassign Juvenile Court Judge Robert Gaston after mounting criticism of his handling of several high-profile cases.

The judges will meet Thursday to determine who will replace him and whether the reassignment will begin immediately or in January. Family Court Judges Gerald Hardcastle, who previously served as juvenile judge, and William Voy reportedly have expressed interest in the post. Gaston will return to hearing domestic relations cases in Family Court.

Presiding Family Court Judge Dianne Steel said the reassignment was based on "philosophical differences between Judge Gaston and the majority of other judges" and his failure to consult with other judges before making major program decisions.

"Some judges felt it was time for a change in leadership at the Juvenile Court," Steel said in a statement released Tuesday. "The decision was based on a renewed emphasis among the judges toward the handling of all Juvenile Court cases."

In a separate statement released Tuesday, Gaston said he was "disappointed in the decision of these five judges, and I will miss the kids very much."

The five judges -- Steel, Hardcastle, Voy, Robert Lueck and Art Ritchie -- met Friday in a closed-door session, which resulted in the reassignment vote. Judges Gloria Sanchez and Steven Jones were unable to attend the meeting.

Family Court judges choose one of their colleagues as the juvenile judge for a specified term to handle delinquency and child abuse and neglect cases. Gaston's term as juvenile judge began in January 1999 and was to have run until January 2002.

However, the judges had become increasingly concerned about the criticism surrounding Gaston's decisions not to certify some juvenile delinquents as adults and the effects of his rulings on the court system.

Steel downplayed recent news stories critical of Gaston, saying they "may have played a minor role" in the judges' vote.

Gaston also has been criticized in court circles for attempting to legislate from the bench and set policies, instead of simply adjudicating cases.

The most recent public criticism centered on his refusal to certify teenage criminal offenders as adults and transfer them to the adult prison system. The district attorney's office, at odds with Gaston over several of his decisions, appealed one of the cases to the Supreme Court.

"Judge Gaston has his philosophy, and it's more rehabilitative than mine is," District Attorney Stewart Bell said Tuesday.

Commenting on Gaston's reassignment, Bell said he respects him as a judge.

"He is a good judge. All of the judges down there (Family Court) work hard and we'll deal with whoever we have to," he said. "We don't get involved in the assignments there."

Gaston defended his controversial decisions as being in the best interests of children.

"I took a stand to protect some children from the atrocities of adult prisons," the judge's statement said. "These cases have been sensationally reported in the media. Five judges felt that the Family Court was embarrassed as a result of the media coverage."

Gaston said his decisions were based on studies that showed that placing children in adult prisons does not rehabilitate them.

"These children are five times more likely to be sexually abused, eight times more likely to commit suicide and 50 percent more likely to be physically abused than similar children in juvenile facilities," Gaston's statement said. "It should not be surprising, then, that many of these children who have been transferred to adult facilities end up in the mental wards of the prisons.

"These same studies showed that the result of placing children in adult prisons produces lifetime criminals who commit more serious crimes upon their release. This has an impact on the community in that these prisoners harm more and more citizens in our communities and cost our citizens hundreds of thousands of dollars to house and feed them for future years."

Gaston said that even if he had known the judges would vote to reassign him because of his philosophy, he still would have made the same decisions because it was "the right thing to do."

"I have visited these children whom I placed in a rehabilitation camp and have seen them change from tough street kids to responsible young men," the judge's statement said. "I am proud to have played a part in saving these children from the atrocities of adult prison and giving them a chance in life."

In announcing the reassignment, Steel recognized Gaston's "lifelong commitment to the children of our community, beginning with his roots in the education system, his service in the Legislature and his efforts as a judge."

Steel expects the transition to be effective in January, when three new judges will be added to the now eight-judge Family Court. At that time Steel, as presiding judge, will assume half of the Juvenile Court caseload, initially handling all delinquency cases. The new full-time juvenile judge will focus on abuse and neglect cases, which make up two-thirds of the Juvenile Court workload.

This is not the first time Gaston has had disagreements with his fellow judges that resulted in a position change. In August 1997 he resigned as presiding Family Court judge because he said his attempts to reform the court system were stifled by colleagues who disagreed with the direction he was taking.

At that time one judge noted that Gaston made decisions "without regard for judges having differing views." Gaston called the allegation "absolutely unfounded."