Poor Judgement Charge

Melville Johnson

April 7, 2020

This charge can be broad as it can encompass many possible actions. It is also important to note that this a charge without an intent element. This means that your federal employer can prove this charge without having to prove that you intended for your action to occur, just having to prove that it happened.

To provide an example of poor judgment, in Shibuya v. USDA, 119 MSPR 537,2013 MSPB 44 (2013), the MSPB sustained two poor judgment charges that included: the appellant advising employees to destroy emails that he believed were discoverable in future third-party proceedings; and the appellant engaged an outside attorney contractor to “launder” case analyses drafted by the agency employees to create the appearance that the analyses were subject to an attorney-client or work-product privilege, thereby protecting the analyses from disclosure in third-party proceedings.

Generally poor judgment charges are included as part of a more serious charge, such as a conduct unbecoming charge. For example, in Rackers v. DOJ, 79 MSPB 262(1998), the appellant, a criminal investigator with the DEA, asked a personal friend to house an informant for a week. The appellant was charged with poor judgment, as the MSPB affirmed the judge’s finding that the request, even if subsequently withdrawn, was inappropriate and could have jeopardized the informant’s confidentiality. However, the more serious charge in the case was improper sexual relationship with the informant.

It is also important to keep in mind the alternative charge labels that also implicate poor judgment, which include: failure to follow post orders and unprofessional conduct. If you have any questions or concerns regarding your case, please contact our office or a legal representative to find out more information.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your situation and learn how we can assist you.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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