Embattled Md. Judge To Retire For Health

Departure Precedes Misconduct Hearing

Prince George's Judge Richard A. Palumbo has denied wrongdoing and has attributed the allegations against him to misunderstandings.

A Prince George's County judge accused of misconduct submitted a letter yesterday saying he is retiring, a month before he was to face a public hearing for allegedly making disparaging comments to and about women seeking protective orders.

In one of those cases, that of a woman later badly burned by her estranged husband, District Court Judge Richard A. Palumbo's actions drew national attention. He also was accused of disparaging three women seeking protective orders by likening them to buses that come along every 10 minutes.

Palumbo, 67, cited health concerns as his reason for retiring in the letter, which was hand-delivered to Gov. Robert L. Ehrlich Jr. (R). The judge will step down from the bench Friday.

"The decision to retire was made at the urging of my long-time personal physician and my family members -- all of whom are aware of the heavy toll the stress of the past year has had on my health," he wrote.

Palumbo's retirement almost certainly means he will not face the misconduct hearing scheduled for Aug. 28 and 29 before the state Commission on Judicial Disabilities. The hearing could have led to Palumbo being removed from the bench. A phone call to the commission yesterday afternoon was not returned.

In a 14-page reply to the commission charges filed in May, Palumbo denied any wrongdoing, attributing the allegations against him to misunderstandings.

It could not be determined late yesterday whether any disciplinary action that might have been taken against him could have affected his pension.

The commission charges filed against Palumbo in April alleged that he violated judicial standards in the case of Yvette Cade, which has received wide attention.

In September, Palumbo dismissed a protective order that he had temporarily issued against Cade's estranged husband, Roger B. Hargrave. Three weeks later, Hargrave walked into the Clinton store where Cade worked, doused her with gasoline and set her on fire. Cade, 32, suffered horrific burns on her face, head and torso but survived. Hargrave, 34, was convicted of attempted first-degree murder in April.

Palumbo has said a clerical error led to the dismissal of the protective order against Hargrave.

Cade, who has undergone 15 surgeries and faces many more, said yesterday that she is "very disappointed" that Palumbo probably will not have to answer the misconduct allegations in public.

"I think it's a shame that he can collect his retirement while I've been taken out of the workforce for many years to come, and I'm losing out on my pension to support me and my daughter," Cade said. "Him being off the bench is not enough. He should be at home with no pay until the hearing date, and he should not be able to collect his retirement."