## Facts

- Darla B. Serassio served as a Riverton City Justice Court judge in Utah.
- Gambling was illegal in Utah at the time.
- In November or December 2006, Serassio engaged in online gambling from her home in Riverton, Utah, using her personal computer and on her personal time.
- In connection with that gambling, Serassio used the court’s fax machine to claim money she had won; secondary sources describe this as occurring twice during 2006 and 2007.
- During the same time period, Serassio asked a court clerk (identified in the commission materials as Sharon Beck) to assist her in using the court’s fax machine to claim gambling winnings.
- In January 2007, Serassio asked Riverton City’s computer systems administrator (Steve Scott) for help with her personally owned laptop and access to an internet-based email account, which led to attention on her online gambling activity.
- A complaint was filed with the Utah Judicial Conduct Commission regarding Serassio’s online gambling and related use of court resources.
- Serassio responded to the complaint and admitted that she had engaged in internet gambling from her own home on her own time.
- Serassio resigned her judgeship effective July 3, 2007.
- The commission held a confidential hearing on November 13, 2007. Serassio did not appear personally or through counsel.
- The commission determined Serassio had been properly notified and proceeded; the examiner proffered testimony of subpoenaed witnesses.
- On January 3, 2008, the commission issued its Findings of Fact and Conclusions of Law and entered an Order of Reprimand, stating it would take effect only upon implementation by the Utah Supreme Court.
- On April 16, 2008, the Utah Supreme Court approved implementation of the commission’s Order of Reprimand, making the reprimand effective.

## Issues

1. Whether a sitting Utah judge’s illegal online gambling from home, on personal time and equipment, constituted judicial misconduct under the Utah Code of Judicial Conduct.
2. Whether using court resources and involving court staff to claim gambling winnings constituted misuse of judicial position or public resources in violation of judicial ethics rules.
3. Whether the Utah Judicial Conduct Commission could impose public discipline after the judge resigned, and what sanction was appropriate on these facts.

## Decision

- The Utah Judicial Conduct Commission concluded that Serassio’s online gambling, in a jurisdiction where gambling was illegal, violated judicial conduct standards.
- The commission concluded that Serassio’s use of the court’s fax machine, and her request for clerk assistance in connection with claiming winnings, was improper use of court resources connected to personal activity.
- After considering the sanction factors referenced in Utah Admin. Rule R595-4-2, the commission ordered a public reprimand.
- The commission’s reprimand was expressly conditioned on implementation by the Utah Supreme Court.
- The Utah Supreme Court approved implementation of the commission’s Order of Reprimand, which made the reprimand effective.

## Legal Principles

- A judge is expected to comply with the law; unlawful personal conduct may constitute judicial misconduct even when it occurs off-duty and away from the courthouse.
- A judge must avoid conduct that creates an appearance of impropriety that can diminish public confidence in the courts.
- Use of court staff or court equipment for private matters, especially where connected to unlawful activity, is improper and may warrant discipline.
- A judge’s resignation does not automatically end disciplinary authority for conduct committed while in office; a commission may proceed to a public sanction to address the misconduct.
- Under Utah’s judicial discipline framework, certain commission sanctions (including a reprimand) take effect only after the Utah Supreme Court approves implementation.

## Conclusion

In *In re Serassio*, the Utah Judicial Conduct Commission found that a city justice court judge engaged in illegal online gambling from home and used court resources—including the court fax machine, with clerk assistance—to claim gambling winnings. Even though the judge resigned before discipline was imposed and did not appear at the commission’s confidential hearing, the commission ordered a public reprimand, and the Utah Supreme Court later implemented that order, making the reprimand effective.


In re Serassio, Case No. 07-3JC-081 (2008)