By Jordan Weissmann
The Blog of Legal Times
New York Lawyer
March 26, 2010
WASHINGTON - A pair of organizations that combat violence
against women have filed official complaints against a Maryland
judge who performed a marriage ceremony two weeks ago for an
alleged abuser and his victim so she wouldn’t have to testify at
his trial.
The two groups, the House of
Ruth Maryland and the Women’s Law Center of Maryland, have asked
the state’s Judicial Disabilities Commission to investigate
Baltimore County District Court Judge G. Darrell Russell for his
decision to perform the wedding.
Russell was presiding over a
domestic abuse case during which a lawyer for the defendant,
Tyrone Wood, asked the judge for postponement so that Wood and
his girlfriend, whom he was accused of beating, could wed.
Maryland law exempts married individuals from testifying against
their spouse.
Rather than pause the case,
Russell proceeded to conduct the ceremony in his own chambers.
After acquitting Wood of the charges, the judge commented: "I
found you not guilty, so I can't sentence you as a defendant in
any crimes ... but earlier today, I sentenced you to life
married to her," according to a recording of the hearing posted
by ABC news.
Russell, has since been
reassigned to work in chambers, meaning he is no longer
presiding over cases in court. The women’s groups are asking for
a full investigation, which could potentially lead to his
removal.
"The concern is when you have a
victim in a domestic violence crime, that person is probably
scared to come into court and potentially has felt a lot of
pressure from the defendant to not go forward," said Dorothy
Lennig, director of the legal clinic at House of Ruth. "If you
read the police report, she was really badly injured. For the
judge to act like, here, we’ll help you get married so you can
get out of it, I don’t think that’s how we want our judiciary to
act."
Chief Judge Ben Clyburn of the
Maryland District Court declined to comment, saying it would be
inappropriate. Russell, who has been a judge at the court since
1990, was not in chambers and could not be reached for comment.