Thursday, October 31, 2019

Presiding Judge Gerking: "Certainly disappointed by these texts"

Interview on KOBI

     "Our partners were talking. Amazing. So mean, so reckless, thinking that stuff and then actually putting it in writing like that.  She's a judge, for crying out loud."

           Partner in a large Medford law firm


    

 "Unless Lisa has a good explanation for these texts, she should resign."

          Veteran Medford personal injury plaintiff attorney



Judge Greif provides her explanation, in full: 


        "I wrote these texts over two years ago and, obviously, I am embarrassed by their content. I sincerely apologize to Judge Pat Crain, OnTrack, my colleagues on the bench, and to the citizens of Jackson county for using inappropriate language and not living up to the expectations I have of myself.

        I know that respect must be earned, and I hope that my actions since 2017 are a better reflection of who I am and the judge I aspire to be."


This response might work for her. Prior to becoming a judge Greif was a public defender, a lawyer who provides legal defense to people accused of crimes. Defending problematic incidents is a job in her wheelhouse. There is experience, craft, and strategy to her response. 

It was short--get it over with.
Take a contrite tone.
Say it was a long time ago and you are reformed.
And most important: apologize for the least important and most forgivable thing. Try to make her mistake one of bad language.

That is what she did. 
A Rotarian comment to me

I shared with her that I thought her texts revealed something much, much more troubling. This wasn't about writing "shit" and "Fuckers!" and calling other people "bitches" or talking about body slamming them. I said there were bigger issues.

The problem is that she used her office as judge to assist in a legal and media strategy to help litigants who were suing a organization doing the court's work, doing it secretly, doing it in part by using contemptuous language to undermine respect for fellow judges and the court system. Moreover, the texts do not demonstrate a conscientious "roll up ones sleeves" sincere desire to fix problems and make a better community. It does the opposite. It demonstrates malicious joy in personal and institutional destruction of people central to the court's work, in which Judge Greif was an active, gleeful participant.

That is conduct unbecoming a judge. That is what diminishes respect for the legal system and every other judge. That is what will cause every citizen who interacts with the justice system in Jackson County to wonder about the real, underlying motives, goals, and character of any judge sitting in front of them. Judges, as we see, are not necessarily rational, fair, reasonable people, with actions taken in open court. That is what concerns me.

Greif sent me a follow-up to her first explanation:

     "The disagreements, rancor, and underlying litigation are in the past. There were serious issues that were identified in DOJ's investigation of, and lawsuits regarding, OnTrack. My comments and conduct were ill-advised, and I have acknowledged that. As I indicated in may earlier response to you, I have had significant time since I wrote those text messages to reflect on and to address the "bigger issues" to which you refer."

Again, smart strategy.  

Still short. Still contrite. Still asserting that the past is past, that texts written two years ago and a lawsuit resolved this summer were old business, but adding a new element: OnTrack, the organization she worked to destroy, had problems. It is the victim-deserved-to-die defense in a murder case.

I consider this a distraction, an effort to change the subject. It might work in front of some juries, but is less likely to in front of the real body deciding the future for Judge Greif--the legal community of Southern Oregon. 

The issue is Greif herself. Was her response to whatever problems she may have perceived  at OnTrack reasonable and fair? Was it ethical? Do we want judges to address problems--or allegations of problems--by secretly taking sides in a lawsuit, secretly helping to gather evidence, or to use friendly media "moles" to get out "dirt" to drive up potential settlement values for the litigants? Do we want judges who carry out that work to tell court witnesses that the judges they appear in front of are witches, bitches, and evil?

A Facebook comment
This isn't interpretation or commentary. It is the plain and simple direct observation of the content of her texts. No need to trust me. Read them. Decide for yourself.

The question for Jackson County legal community is whether Greif's behavior is OK?  Or is it bad, sure, but still "good enough" by Jackson County standards?

Presiding Judge Timothy Gerking has a comment, in full: 

        "I am certainly disappointed by these texts authored by Judge Greif, as well as the history of reciprocal discord between two valued members of this court. Our court works hard to approach disputes impartially and to treat all people with respect. The language and the thoughts expressed in the texts are inappropriate and fall short of what we expect from a judge.

        I have spoken with Judge Greif. I am convinced she is learning and growing from this experience, and despite this lapse will continue to be a respected and valued member of our court."

Note he does not say her behavior falls far short, just short. He says Greif is learning and behavior in her eighth year of being on the bench was disappointing, but now, in her tenth year she has "grown." It was just a "lapse." She apparently was respected and valued going back while doing this behavior, and still is.

There it is. 

Speaking for myself, it is not good enough. I have a higher respect for the court system than that, and want to keep feeling that way. 

I expect more from judges.



Note: I know lots of lawyers and indeed I am married to one. No one but me decides what goes into this blog. I don't consult with my wife about this blog; in fact, she doesn't even read it. She is busy doing good work.


26 comments:

Anonymous said...

Lisa Greif needs to resign immediately. Greif is an embarrassment to the court and to the community. Besides that, she's a nasty woman.

I find it to be absolutely disgusting that the regular media won't report the Grief incidences, but then from the Greif emails, we've discovered that the media is corrupt and in bed with certain segments of society.

Good report by Peter Sage.

Greif, you need to go now. You stink.

Anonymous said...

Thanks for putting this out there Peter.

I am shocked and disappointed with Judge Lisa Greif.

She needs to step down immediately.

There is no excuse for her behavior.

Anonymous said...

As egregious as Judge Greif’s comments are, they were in response to a situation that itself was egregious. Though Rita Sullivan had been respected for so many years, and few question the contributions she made for decades, there are still unanswered concerns In the community on a number of serious issues. How or why did OnTrack built up reserves of millions of dollars while their clients were left in dangerous conditions? Why did Sullivan repeatedly protect an employee accused of sexual abuse and attack those who raised alarm bells about him? Why did Judge Crain make ongoing judicial decisions that favored OnTrack, making negative statements towards agencies providing similar services? Grief’s behavior is not what one would expect from a Judge. That’s clear. But the community also expected more from the trust placed in OnTrack and Judge Crain. Many of the issues at OnTrack were founded - the state stepped in to remedy the situation. Some are still unresolved, particularly in the eyes of the community. It’s a disservice to pretend that it was nothing but innocence on the other side of this story.

Up Close: Road to the White House said...

I am not pretending that OnTrack was perfect. I assume there were problems. I am writing about HOW Judge Greif addresses problems. She did it in a way unbefitting a judge. It injures the reputation for fairness of every other judge in that court.

She took sides. She sneaked around. She helped a litigant against another. She assisted a media take-down campaign using "moles." She helped gather "dirt." She undermined another judge. And she crowed about it and was gleeful. It wasn't a tiny accident; it carried on for months. THAT is my disappointment with Greif.

Judges are supposed to be the fair and reasonable one in the room, not the one secretly, behind the scenes, helping one side or the other, pulling strings. The fact that she was trying to destroy OnTrack and get rid of Sullivan and Crain demonstrates a quality of vengeance and overkill that is unseemly, but this isn't about whether the victims were perfect. It is about whether judges should be the sort of person who is revealed in the texts: unbalanced, vicious, sneaky, and taking sides.

OnTrack is diminished. Sullivan is long gone. The question is whether Judge Greif is suitable to represent justice: "Don't worry, those bitches are going down!"

Hube Smith said...

The very essence of public service. Good job, Peter. I have my own history with this judge but, suffice it to say, no need to "pile-on" today Hube Smith husmith@charter.net

Sally said...

Greif should not just resign but be disbarred.

I'm surprised at Tim Gerking's statements. I know him.

I noted your comments, Peter, that you supported her in her 2008 election. That summer I worked with her in a Rotary food booth at Britt. The rest of us worked. Lisa never poired a single coke. She was too busy scanning the crowd for supporters, and campaigning. Looked to me like that was why she'd joined Rotary. I did not vote for her.

Sally said...

And not a word of this in the Mail Tribune? As if my opinion on that paper could go any lower.

Anonymous said...

Peter is right. Deflecting to OnTrack's admitted problems do not hold the Judge accountable for her admitted actions.

A foundational principle of the Judicial Code of Conduct is that "A judge shall observe high standards of conduct so that the integrity, impartiality and independence of the judiciary and access to justice are preserved and shall act at all times in a manner that promotes public confidence in the judiciary and the judicial system." Judge Greif did not do that.

https://www.courts.oregon.gov/rules/Other%20Rules/CodeJudicialConduct.pdf

It's interesting to note that Judge Greif (along with recently retired Judge Grensky) are rated among the bottom 10 judges in Oregon in an anonymous rating site, "The Robing Room."
http://www.therobingroom.com/oregon/Default.aspx?state=O
To be fair, Judge Greif had only one rater while Judge Grensky had 27. Both were elected, and both had the support of the local bar. One might infer that the electoral process is not a good way to gauge temperament, character, or integrity.

Judges are human and they make mistakes. But they must put accountability and integrity first or they cannot expect that from those they judge. We can do better.

Melody Kolb said...

She needs to be taken off the bench. She has not changed. ONCE THEY SHOW YOU WHO THEY ARE, BELIEVE THEM! Her rancor and power from the bench sentenced my son to 20 YEARS for robberies she knew he didn't commit. She is horrid and her drivel of an apology means nothing to me and should mean nothing to you either. I hear rumors of a recall effort and if that is the truth, I will be front and center. 2 years is a very short time. She hasn't learned anything. What big epiphany did she have to change her from a selfish hateful person to one that is smelling the roses all the time? I say nothing because I have seen her hatefulness in action. If she isn't recalled I will make dang sure she is not reelected. PERIOD!!!!!

Diane Newell Meyer said...

I don't know about the issue of Judge Greif, (maybe she should be removed) but I do know that ONTrack had serious problems. I worked there briefly as an overnight supervisor, and it was left to me to be responsible for a baby with severe respiratory problems needing medical help. My background qualified me to be a counselor, but I was not allowed to do that (stepping on too many toes), yet I could be responsible for medical care of a sick child! The staff seemed to be very competitive and back-biting. I stayed there only a short while and moved on to other jobs. I had no interaction with Rita Sullivan, but heard stories. (and she had an ex-husband who I really disliked, so I was prone to sympathy for her). It was tough to see the sad young women and the crack babies, and they needed a well-run program to help them to keep their children.

Anonymous said...

Thank you for NOT adding anything valuable to this conversation. This isnt about Ontrack. STAY ON TOPIC.

Anonymous said...

Well said!

Sally said...

@Diane Meyer: would anything about OnTrack justify any of this from a sitting judge?

@Anonymous//all the anonymous: if you'd choose some name, we could tell one commenter from another.

Anonymous said...

I have been wondering about the corruption of Jackson County public officials for years now. I'm very glad you posted these texts made by Judge Greif. If it's true she has wanted to oust Patricia Crain from serving on the bench, she could have just as easily stepped forward and spoke up regarding the editing of transcripts that has been going on for nearly two decades. Or she could have reported Judge Crain for being unfit to sit on the bench for failing in her responsibilities to remain impartial.
The Honorable Lisa Greif has a right to say whatever she likes about a Judge that should be charged with altering the court records in an effort to hide the inappropriate remarks she makes to those who are unfortunate enough to have had her as their judge.
"Those bitches are going down" brought a smile to my face. But when I read,
I also wanted to kill Crain today at CFC graduation. But I was worried about all the witnesses if I just ran and body slammed her.", it brought tears to my eyes...tears of laughter.

Anonymous said...

The Mail Tribune is late to the story: Judge slammed for foul mouthed texts:
https://mailtribune.com/news/crime-courts-emergencies/jackson-county-judge-slammed-for-foul-mouth-texts

Anonymous said...

Peter which judges do you support? When there's one questionable judge, there's bound to be others. I can name several. What says you? Can you guess which one turned a blind eye when a young child was given porn? Can you guess which one was happy to give a man who exposed himself in front of elementary aged girls 30 days time served? He wasn't a judge then...but it's frightening to know a prejudiced man with a soft heart for sex offenders is sitting on the bench.
I don't care if Greif used obscenities in her private texts...the real obscenity is that there are those who are sitting as justices, who have failed to adhere to their responsibilities to remain impartial.

Anonymous said...

No. Pray do tell who.

Tony C said...

It's really disturbing to me that all of the comments look to be from people who are genuinely surprised that Judges act like this. Hello? Have you taken a good look at your country lately? Corruption running rampant, murders, pedaphiles in high office, crooks in committees. Face the facts. Judges, lawyers, politicians, cops and criminals run the world now...it's a circus and the media eats it up.

Anonymous said...

This is a mean girls club!! Favortism has been shown many times within the navigator program and child welfare system. Strings were pulled for certain clients while others were set on a back burner many of times. Vulnerable people being bullied out of treatment.
What's FNC role in this? Besides employing Jacob's and of course their hope of also getting the ontrack contract when this all unfolded.
BTW great work.

Sally said...

So this morning the Mail Tribune weighs in ponderously on the editorial page, never acknowledging the paper's close role in running Rita Sullivan out. No question there were big problems with a social service program whose client numbers and funding blew up almost exponentially in the Medicaid expansion. The coverage was an unfortunately not uncommon mix of editorializing and pursuing an agenda in the "news" stories.

Anonymous said...

FNC did not have “a role” in this other than serving families. They always served families in a complementary fashion alongside OnTrack and had similar contracts. Their focus is on the children. Building capacity in such a short time was detrimental to their organization and left them with fiscal challenges. It was not a financial boom as the above commenter is implying. OnTrack was forced to repay funds when it was determined they were not providing the taxpayer funded services they were contracted to provide - including housing for young children. This left dozens of young children in subpar hotels or worse. FNC stepped in to assist those families who otherwise were at risk.

Mary said...

I am a former client of family court and ontrack. I have seen the way they treat people first hand. I graduated the program in 2016 and continue to stay clean and sober. Judge Greif was the only person who played fair to us clients. Judge Crain was a nightmare, and Rita Sullivan was no better. I am not trying to say Judge Greif was in the right with her messages and ethics, but I have respect for her as a person and what she was trying to do for the people who were treated so unfairly. The clients of ontrack had no voice. If they did try to uncover any truths about the program, their children would be taken from them. We were openly told we had no power and to keep quiet. Judge Greif is the only one who would see them for what they were, and because she was my judge, I have faith in the court system.

Up Close: Road to the White House said...

Test comment from Peter Sage. I have heard there were issues in people trying to post.

Anonymous said...

@FNC Comment
Seems to me that FNC was very much involved. I read somewhere that Judge Grief was on the board of FNC. Jacobs was the housing manager OnTrack responsible for overseeing the conditions of housing. Pretty clear Greif used her power and influence and Jacobs used her position as housing manager to strategically, coached by Greif, to take down OnTrack and move the contracts to FNC. This seems clear from the leaked texts. Jacobs now works at FNC and they have the contracts. Hmm?

Anonymous said...

This is quite heart breaking to see that she is suppose to be someone people respect, but she doesn't act like it. She has not earned mine. This is just ONE situation, imagine if they went through her whole phone and life. Then we would see who she is, which is obviously a nasty person.

Anonymous said...

This issue is not about on trac people and defenders of Grief. Why put on trac in the spot light when they have been put on trial already. Elementary efforts to take the spot light off of GRIEF! If you dont see this and her superiors, Gerkins, lack of disciplinary statements made are not a need for a federal investigation of jackson counties entire judicial system your not seeing what you are witnessing people. Everyone that was tried and convicted by this woman needs to appeal in the superior courts the appellate courts and if they dont take you serious go to the federal courts. This woman is just one of the vertebrates of the crooked back bone of Jackson Counties Judicoal system. Our rights and ethical guidelines which control animals such as grief seems to have gotten further away from our countries mission statement when our forefathers escaped dictatorships and governmental control depleting and denying our rights, liberty and pursuit of happiness. This woman handed out years in prison to plenty of innocent people that were denied their constitutional rights as if she was God herself. I hope I see her get disbarred and I hope she moves back to that hole from which she came in Heites. Her picture here would make a perfectly satisfying mug shot pic. Vengeance is God's but if I can assist when the obvious is there I am in. Are you kidding me Grief? It's your failure to keep your personal issues and feelings free from cases which are in our judicial system so quit apologizing about your toilet mouth. .Its not your foul language or disgusting sense of power which is obviously abused. This situation is not tragic that one of the leaders of our judicial system acts out like this that has so many people lives are in their hands its SIMPLY TERRIFYING! Kate Brown is obviously slacking at her job or this judge would be gone. But it kind of goes hand in hand that the leader of our state who's DHS program is allowed to afflict abuse of power runs over into other people of power such as GRIEF! I have personally witnessed Grief stomp and deny people with criminal charges their rights as an american. That's right, just because these people , citizens of the United States of America were charged with a crime and the DA was able to confront the grand Jury without any defense what so ever and get a ONE SIDED go ahead by them still does not make them guilty. I THINK I WILL GIVE HER MORE THAN SHE GAVE MANY AMERICANS WHO WERE WRONLY SENTENCED BY HER AND ASK HER TO DO THE RIGHT THING. EITHER APOLOGIZE AND REVIEW ALL THE CASES WHERE YOU CONVICTED SOMEONE BASED ON YOUR MOOD. OPION, BIAS OPIONONS, INFLUENTIAL FRIENDS, LACK OF SUFFICIENT FUNDS FOR PUBLIC DEFENSE OR LACK OF EVIDENCE ,ETC AND FREE THE INNOCENT AND MAKE A PUBLIC APOLOGY OR STEP DOWN. THERE IS JUSTICE MS. GRIEF. IF YOU ARE TRULY NOT THIS PERSON OR YOU HAVE CHANGED THERES A CHANCE TO GET RESPECT BACK. WE WONT KILL YOU OR BODY SLAM YOU OR EVEN SENTENCE YOU TO 20 YEARS BUT YOU OWE ALOT OF PEOPLE A NEW CHANCE THAT YOU TOOK AWAY. I RESPECT OUR JUDICIAL SYSTEM BUT I WILL ONLY RESPECT THE ONES IN IT WHO OBIDE BY THE LAWS , ETHICAL STANDARDS SET AND RESPECTS TO CITIZENS THAT ARE GUARANTEED A FAIR TRIAL ACCORDING TO THE CONSTITUTION. MAKE AMERICA GREAT AGAIN. I HAVE READ HOW GREAT IT USED TO BE BUT I RAREKY SEE IT WITH MY OWN EYES THESE DAYS. PEACE