‘Not worthy of the position:’ Sheriff calls for judge’s removal citing abuse of power

The Oklahoma County sheriff is calling for a judge’s removal, saying she is unworthy of the position after she attempted to have him arrested on a bogus complaint last year.

“We have a lot of good judges, a lot of great men and women who serve these courts and offer brilliant opinions, and they shouldn’t exist in the same conversation with someone who’s willing to violate like this,” said Oklahoma County Sheriff Tommie Johnson.

Judicial Complaint and Supreme Court Reprimand

News 9 broke the story Monday after an open records request uncovered the sheriff’s judicial complaint and the judge’s reprimand by the Oklahoma Supreme Court.

In sworn statements, four deputies detailed an outburst on April 17, in which District Judge Amy Palumbo expressed her dissatisfaction with courthouse security and the volume of noise coming from outside her eighth-floor courtroom.

“Just completely berated them,” said Johnson.

Shortly thereafter, Sheriff Tommie Johnson received a text message from Palumbo ordering him to her courtroom.

“The noise was too loud in the hallway. And that's what she believed to be egregious enough to hold me in contempt of court and have me arrested,” said Johnson.

Sheriff Taken Aback by Judge’s Actions

The sheriff said he was taken aback.

“I didn’t violate any terms or ways of the court,” said Johnson.

Johnson called Oklahoma Attorney General Gentner Drummond, who he says confirmed Palumbo had crossed the line.

Johnson later learned that several county leaders and members of the media had also been called to the judge’s courtroom to witness what would have been his arrest.

“How could you not be angry? I feel like the end goal would have been to try to get a glimpse or image of me being carried out of that room in handcuffs,” said Johnson.

Difficult Conversations at Home

Difficult conversations with his family followed.

“Why am I talking to my wife and my kids about me going to jail for doing nothing wrong?” said Johnson.

His name and livelihood had been threatened.

“It could have changed the trajectory of my life,” said Johnson.

No Legal Recourse Available

Johnson turned to the Oklahoma County District Attorney’s Office.

“I asked them point blank, what is the recourse for what happened to me? And she looked me in the face and said, ‘Tommie, there is nothing you can do to a judge,’” said Johnson.

Unable to get help, Johnson said, “I received a returned letter from Vicki Behenna—that she refused to recuse herself.”

Filing a Judicial Complaint

Undeterred, Johnson filed a judicial complaint one week later.

Nine months after the initial filing, in January, he learned the outcome.

“I know that I was told by way of letter that there was some sort of punishment doled out, but I don’t know what that punishment was.”

With two types of judicial reprimands—public and private—Johnson learned Palumbo’s reprimand by the Oklahoma Supreme Court’s chief justice was private.

Frustration with the Process

“How is vindication going to happen if only you and I know about it?” said Johnson.

He was left disappointed with the investigation process and outcome.

“I don’t want anyone in here that would tarnish the badge or the people who serve. And I have to believe judges don’t want that either. That being kept behind lock and key doesn’t protect you. I think it puts a blemish, because now that I’ve seen this—what hasn’t light been brought to? What has gotten by?” said Johnson.

Sheriff Maintains Judge Should Be Removed

Johnson maintains Palumbo doesn’t belong on the bench.

“There’s no room for someone who’s willing to abuse their power and authority,” said Johnson.

Judge Palumbo Declines to Comment

Judge Palumbo did not return News 9’s calls for comment.

District Attorney’s Response

Oklahoma County District Attorney Vicki Behenna responded:

“Ethically, I cannot, nor will my civil division, comment on privileged conversations my office has with the elected officials we represent. The proper channel for anyone to file a complaint about a judge is the Council on Judicial Complaints. District attorneys do not have oversight nor insight into their decision-making process.”