BUTCH MABIN / Lincoln Journal Star | Posted: Monday, August 22, 2005 7:00 pm
A state judicial ethics commission is recommending Lancaster County Judge Jack Lindner receive a public reprimand for courtroom statements he made about a Bos-nian defendant last year.
The Nebraska Commission on Judicial Qualifications made the recommendation to the Nebraska Supreme Court in a report last month.
A spokeswoman for the court said it has yet to act on the recommendation.
Lindner, 71, declined comment through a spokeswoman Tuesday.
According to the commission report, a 50-year-old Bosnian man, along with an interpreter, were in Lindner’s courtroom for a traffic offense. The Bosnian man understood some English but did not speak it well, the report stated.
When Lindner told the man the case would have to be continued, the man attempted to explain, without the interpreter, that the new court date would conflict with his travel plans.
Lindner apparently misunderstood the man and wrongly believed he had said he was an important business man who could not make the court date because of an upcoming trip to Europe.
According to the report, the man then said: “This is the second time I come and go here.”
Responded Lindner: “Then you better stay here because the next time you’re going to be arrested if you don’t appear here. It’s continued by the court and don’t you say another word, Mister.”
The man and his interpreter then walked away from the podium, apparently to exit the courtroom.
Lindner, in a “harsh and angry tone,” told the man to return to the podium and told him he could only leave the courtroom when the judge said he could, according to the report.
The judge then completed the paperwork and handed it to his bailiff, who gave it to the interpreter. The man and his interpreter then began to leave the courtroom.
When the Bosnian was about 30 feet away from Lindner, the judge looked at a Lancaster County Sheriff’s deputy and the bailiff and said, “Son of a b——. F——— Bosnians,” the report stated.
A person who has not been identified in court records reported the remark to state judicial officials.
On Feb. 7, the commission filed a complaint against Lindner with the Supreme Court.
A hearing on the complaint was held before a special master in April. In May, the special master recommended Lindner receive a public reprimand.
This summer, after conducting its own hearing on the matter, the commission adopted the special master’s findings and recommended the Supreme Court reprimand the judge.
Among its findings, the commission said Lindner’s remarks were made out of irritation and frustration. The commission concluded the judge did not intend the remarks as an ethnic slur, but nevertheless determined the comments were contrary to state judicial canon that judges should not give the “appearance of judicial bias.”
Lindner could have received more severe sanctions, but the commission noted the remark apparently was out of character for him. It also noted he had expressed regret for the statement and acknowledged he owed the man, as well as his fellow judges, an apology.
Reach Butch Mabin at 473-7234 or bmabin@journalstar.com.