Judge Censured After Ordering That Attorney Be Paid Fees in $10 Gift Cards

Retired Los Angeles County judge Brett C. Klein was censured and barred from presiding over cases by the Commission on Judicial Performance after he changed the terms of a class action settlement to require that the plaintiff’s attorney be paid his fees in $10 gift cards.

The lawsuit accused Windsor Fashions, a women’s fashion store, of violating privacy laws by asking for personal identification when customers used credit cards to make purchases. The parties had reached a settlement, which had been given preliminary approval by a different judge, under which the store would pay the plaintiff $2,500 and her attorney $125,000; other customers who came forward as part of the class would receive $10 store gift vouchers.

Due to the first judge’s illness, Klein stepped in to preside over the final hearing, at which he made sarcastic remarks and changed the terms of the settlement after the hearing to require that both the plaintiff and her attorney be fully paid in $10 gift cards as well. Klein sent a copy of his order to the local press, which published a story about the case. In ordering the maximum discipline possible for a retired judge, the commission accused Klein of showing bias, abusing his authority, and “grandstanding to the press.” Klein has defended his order, saying he thought it was only fair that the lawyer was paid the same way as the class members.