The protest rallies involved a highly divisive issue, in which Judge Bertoli's participation could reasonably undermine the public's confidence in the judiciary, the commission wrote.
Judge Bertoli was simply exercising his 1st Amendment rights on a matter of public interest, not politics, claimed a lawyer for the judge.
Bertoli even played with his band, Court 'n' Disaster, at a fundraiser event opposing the consolidation - a band that he promoted with his judicial title.
The Commission on Judicial Performance said the proposed high school consolidation led to local tempers flaring, including for Judge James G. Bertoli.
#judicial-conduct #political-activity #first-amendment-rights #community-engagement #school-consolidation
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