Nalley must pay fine, apologize in tire incident

Defense attorney says judge faces possible state sanctions

Friday, Oct. 30, 2009

Circuit Court Judge Robert C. Nalley received a sentence of probation before judgment, but was fined $500 and must write a letter of apology to the driver, Jean Washington, who works at the courthouse. His unsupervised probation will last for six months or until the letter is written and the fine paid, according to the sentence.

"I'm ashamed of the conduct and embarrassed for the citizens of the community and my family," Nalley, 66, said Wednesday.

At the hearing, a prosecutor described Washington as a hardworking woman who has "no animosity whatsoever" against Nalley and simply wants to move on with her life. Robert C. Wilcox, a district court judge in Anne Arundel County, sentenced Nalley and said the case was a reminder that "we all do foolish things."

Nalley, who has no prior criminal record, takes full responsibility for his actions and understands the seriousness of the situation, said his attorney, William Brennan. "At the minimum, it was an inconvenience to Ms. Washington, and at most, it was dangerous," Brennan said. "[Nalley] is willing to pay a fine and do community service. Then he must go to Annapolis and face other consequences."

An investigator with the Maryland Commission on Judicial Disabilities was present in the courtroom on Wednesday, according to Brennan.

On Aug. 10, Washington left her 2004 Toyota Corolla in a restricted parking area on Church Street in La Plata and returned later to find her tire had been deflated. Shortly after the incident, Nalley told the Independent he flattened the tire because the car's driver kept parking in reserved spaces near the courthouse. Instead of inconveniencing the driver by having the car towed, Nalley let air out of the tire, he said.

La Plata police issued Nalley a citation that charged him for tampering with Washington's car.

Several days after the August incident, Nalley resigned as administrative judge of the county, but kept a spot on the circuit court bench. He was later suspended from hearing criminal cases due to the pending charge in the tire incident.

Because Charles County prosecutors routinely appear in front of Nalley, Charles County State's Attorney Leonard C. Collins Jr. said he asked that an attorney outside the circuit take the case, which was handled by Montgomery County Deputy State's Attorney John Maloney.

brodgers@somdnews.com