Former Judge Pleads Guilty To Violating Defendant's Rights

A former Charles County judge pleaded guilty on a federal charge that he violated a defendant's rights during a pretrial court proceeding.

Federal prosecutors say Robert C. Nalley of La Plata, a former county circuit court judge, pleaded guilty to one count of deprivation of rights under color of law.

“Under our constitution, judges serve as the guardians and arbitrators of justice,” Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s civil rights division, said in a release. “When government officials – including judges – violate the rights we entrust them to defend and break the laws we expect them to uphold, they undermine the legitimacy of our justice system.”

Prosecutors say he ordered a sheriff's deputy to activate a criminal defendant's stun-cuff during jury selection for the victim, who was representing himself, in July 2014. The deputy told Nalley the stun-cuff was on the victim, and Nalley admitted he was aware the cuff would incapacitate the victim and cause him pain.

Nalley asked the victim if he had any questions for potential jurors. The victim ignored the judge and read instead from a prepared statement in which he objected to Nalley's authority over the proceedings. He neither moved aggressively nor fled, simply standing calmly. Nalley twice ordered the man to stop reading, but he continued. That's when Nalley ordered the deputy to activate the cuff, giving him a five-second shock that caused him to fall to the ground in pain.

“Disruptive defendants may be excluded from the courtroom and prosecuted for obstruction of justice and contempt of court, but force may not be used in the absence of danger,” U.S. Attorney Rod J. Rosenstein said.

Sentencing is set for March 31. Nalley faces up to a year in prison, probation and a fine of up to $100,000.