DUI Charges Against Judge Considered

Prosecutors are weighing whether to file drunk driving charges against an Orange County judge who rear-ended another car and then failed a field sobriety test earlier this month.

Gary P. Ryan, a family court judge in Orange, was arrested Sept. 3 after ramming his 1999 Jeep Cherokee into another car near Jamboree Road and Pacific Coast Highway in Newport Beach, police said.

No one was hurt in the late-night crash, which caused minor damage to both cars.

The 56-year-old jurist was ordered to take a field sobriety test after an officer allegedly smelled alcohol on his breath. Police said Ryan was cooperative and did not attempt to use his position to influence officers. He was arrested on suspicion of driving under the influence of alcohol.

If Ryan is convicted of a drunk driving offense, he could face an inquiry by the state Commission on Judicial Performance. The panel would determine if his use of alcohol is affecting his performance as a judge, according to Victoria Henley, the commission’s director and chief counsel.

Tori Richards, spokeswoman for the district attorney’s office, would not discuss factors affecting the decision whether to charge Ryan.

Ryan was elected in 1979 and served in Municipal Court for 16 years before becoming a Superior Court judge in 1995. He was not available for comment Friday.

Kathleen O’Leary, the county’s presiding judge, said she had not heard about Ryan’s arrest and said no action has been taken against him.

“Judges are presumed innocent until proven guilty just like anybody else,” she said.

Ryan is the second county judge arrested on similar charges this year. In June, Thomas J. Borris, the supervising judge at the Westminster courthouse, was charged with drunk driving after smashing his Jeep Cherokee into a tree in Huntington Beach.

Borris faces a pretrial hearing Monday, Richards said.