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Judicial Watchdog Group Files Complaint Against Judge Kendall

May 2, 2007 — A formal 53-page complaint against V.I. Superior Court Judge Leon Kendall's conduct on the bench has been sent to the V.I. Commission on Judicial Disabilities by a judicial watchdog group based in Washington, D.C.
Copies of the complaint, signed by Judicial Watch President Thomas J. Fitton, were also sent by certified mail to Gov. John deJongh Jr., Senate President Usie Richards, and Scot McChain of the V.I. Bar Association.
According to its website, "Judicial Watch is a conservative, nonpartisan educational foundation" that "promotes transparency, accountability and integrity in government, politics and the law."
A public outcry over Kendall came to a head April 23, when a public demonstration was held to protest Kendall's various decisions and ask for his removal from the bench (See "Silent Protest Against Kendall Draws Diverse Crowd, Approving Honks").
In March 2007, Kendall released defendant Daniel Castillo on his own recognizance pending trial on domestic-violence charges. Castillo, who has a record of violent criminal behavior, now stands accused of killing 12-year-old La'Quina Hennis while he was free awaiting trial.
The complaint states: "On behalf of concerned residents of the Virgin Islands, we are requesting an investigation into the conduct of Judge Leon Kendall of the Superior Court of the Virgin Islands.
"By numerous accounts, Judge Kendall has engaged in a disturbing pattern of conduct that has undermined public confidence in the judiciary and the administration of justice. On at least eight occasions, Judge Kendall reportedly has allowed persons arrested for violent crimes to be released back into society with little or no bail. This pattern of conduct by Judge Kendall, detailed below, has had tragic results and warrants investigation."
The Castillo case is the first that Judicial Watch cites in its complaint, which lists 17 individual cases taken from newspaper accounts.
At present, the Commission on Judicial Disabilities has four sitting members and is chaired by Sen. Ronald E. Russell. Other members include attorney Andrew Capdeville, Robert O'Connor and local labor leader Luis "Tito" Morales.
Since the death of St. Croix businessman Mario de Chabert in 2001, the commission has functioned without a full complement of members.
Russell said Wednesday that he has not yet received a copy of the complaint. He said it should be forwarded from the Superior Court administrator. He said the commission, which meets quarterly, is next scheduled to meet in June. It has already met in March this year. He said, "We meet when we have a complaint. We have to see what it is when we receive it."
Russell said in the last 10 years, the commission has had less than 10 complaints.
The complaint, after citing cases in detail with legal references throughout, concludes:
"In addition to the above-referenced cases, other complaints have been made regarding Judge Kendall's conduct while sitting as a judge on the Territorial Court. These include the release of domestic abuse suspects on their own recognizance in 2003, only to attack the same woman again, a short time afterward.
"These reports demonstrate a disturbingly lax approach by Judge Kendall toward the risk of violent crime suspects pose to the community, and a consistent misapplication of the law regarding the release of dangerous persons on bail. This pattern of behavior warrants investigation by the commission, as a judge is required to 'respect and comply with the law'…. In order to protect the appearance of justice, as well as the public's confidence in the integrity of the judicial system, we respectfully ask that this disturbing pattern of conduct by Judge Kendall be investigated."
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