San Diego County judge censured over 155 absences in 2 years

A San Diego County judge who was absent for 155 court days over two years, including missing every Friday for 18 months, received a severe public censure Wednesday from the Commission on Judicial Performance.

Judge Howard H. Shore, who has never been opposed for reelection since he was elevated to the Superior Court in 2000, stipulated to the censure, according to a news release from the commission’s director-chief counsel, Gregory Dresser.

“A public censure is the strongest sanction that the commission may impose on a judge, short of removal from the bench,” Dresser stated.

The commission’s announcement said the severe public censure was issued “as a result of Judge Shore’s serious dereliction of duty.”

“Over a two-year period in 2021 and 2022,” it said, “Judge Shore was absent from court, without approval or authorization, on at least 155 court days. He was not present in the courthouse on a single Friday between May 28, 2021, and Nov. 18, 2022. Judge Shore’s absences exceeded his available vacation time by 87 days.”

Heather L. Rosing of Klinedinst PLC, who represented Shore along with David Majchrzak of the same San Diego firm, responded to a request for further explanation with a statement saying Shore was driving to Los Angeles on weekends to help his family.

“To provide further information, but no excuses, about the Friday absences, several years ago Judge Shore’s son and daughter-in-law in Los Angeles had a child who was born with certain medical conditions,” Rosing wrote. “Judge Shore made the decision to go to Los Angeles almost every Friday for several years to help his family. Because Judge Shore is an Orthodox Jew, he cannot drive on the Sabbath, which begins at sunset on Friday, and lasts until after sunset on Saturday. He, admittedly and regrettably, made the poor decision to leave late on Thursdays or early on Fridays to avoid traffic and arrive in time to help complete preparations for the Friday night Sabbath meal. He deeply regrets this inexcusable conduct and his lapses in judgment, and he has volunteered to assist his court and colleagues in any way he can going forward.”

These absences from the courthouse “constituted a dereliction of duty, a persistent failure to perform his judicial duties, and a failure to follow the directives of the presiding judge in matters of court management and administration,” the commission statement said.

The commission also found that Shore’s misconduct “demonstrated a flagrant disregard for his obligations to his fellow judges, the public, and the reputation of the judiciary … undermined public confidence in the integrity of the judiciary and cast disrepute on the judicial office.”

The statement from Shore’s counsel said he “is honored to have served on the San Diego bench for nearly 34 years. Except for conduct described in the censure, for which Judge Shore has sincerely apologized and entered into a stipulated resolution, he has long been known for his hard work, thoughtful decisions, and deep dedication to the judiciary. He thanks his family and colleagues for their support, and he looks forward to continuing to serve the people of the State of California.”

Shore’s current term ends on Jan. 4, 2027. Before his appointment to the San Diego Municipal Court by Gov. George Deukmejian in 1990, Shore spent 16 years as a deputy district attorney. He graduated from the University of San Diego School of Law in 1972 and was admitted to the California State Bar in 1974.