Jeffrey Johnson Justice Jeffrey Johnson

Attorneys for the Commission on Judicial Performance met "the high burden" of proving most of the 10 counts of misconduct—including groping and sexual harassing co-workers—leveled against Los Angeles appellate court Justice Jeffrey Johnson, a panel of special masters concluded in a report filed Friday.

The 316-page report said the proven allegations, detailed by more than 100 witnesses over 17 days of testimony last year, revealed "ethical lapses" by the justice "that undermine the public's trust in the judicial process and erodes the confidence we ask the public to place in our individual judges."

"These lapses are compounded by Justice Johnson's failure to take responsibility for many of his actions and to manifest insight into his behavior," according to the report, submitted by Justice Judith Haller of the Fourth District Court of Appeal, San Diego County Superior Court Judge Louis Hanoian and Imperial County Superior Court Judge William Lehman.

"We find particularly concerning Justice Johnson's actions towards women who had recently graduated from law school; were in the early stages of their legal careers; and welcomed the opportunity to establish professional contacts with a Court of Appeal justice," the special masters continued.

The findings will be forwarded to the 11 members of the Commission on Judicial Performance, who will decide what punishment, if any, Johnson receives. A lawyer for Johnson said he contests many of the report's findings.

"We appreciate the hard work of the Special Masters, and their report indicating that the serious claims of the CHP officer were not found to be true," Johnson's attorney, Paul Meyer, said in an email Friday. "We also appreciate the consideration given to Justice Johnson's excellent career and community service. While we disagree with a number of the other findings, we will be filing a brief providing additional insight to these remaining findings which we believe will be very useful to the commission."

The report cites testimony and documents detailing allegations of misconduct by Johnson against fellow jurists on the Second District Court of Appeal, research attorneys, security officers and other court employees in encounters stretching back 20 years. One of the women was Justice Victoria Chaney, who said Johnson inappropriately touched her breasts on multiple occasions and made sexual overtures during a conference in Reno, Nevada.

Other women were subjected to unwanted touching by Johnson and comments from him about their physical appearances and sex lives, the special masters said.

The report concluded that the commission's examiners did not prove allegations that Johnson used sexually suggestive language with or inappropriately touched members of Johnson's security detail, California Highway Patrol Officers Tatiana Sauquillo and Shawna Davison. The special masters did conclude he made inappropriate comments about Sauquillo's appearance and that he told Saquillo that Chaney and Justice Frances Rothschild were "nasty ass bitches."

The report also found credible testimony that Johnson appeared intoxicated at night at the courthouse and at several social events. Johnson and his attorneys had argued that his slurred speech and unsteady gait were due to diabetes, not drunkenness.

Johnson testified he was never drunk at the courthouse, and he suggested that some of the women's testimony was shaped by rumors in the workplace and stereotypes about African American men.

The panel acknowledged that Johnson cooperated with the ethics investigation and that he has "maintained an appropriate attitude toward the inquiry." But the panel questioned Johnson's assertion that he has accepted responsibility for his conduct. The report said Johnson "has attempted to shift blame" to victims.

"With respect to his willingness to reform, we accept that Justice Johnson would very much like to remain on the court and that he is willing to make changes," the special masters said. "We also accept that he has benefitted from his therapy sessions and has the discipline to alter certain aspects of his behavior. But until he shows he has gained insight into, and accepted responsibility for, his more egregious misconduct (which often occurred when he was under the influence of alcohol), we have serious reservations about his ability to reform."

 

Read the special master's report:

 

 

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