Jeffrey Johnson Justice Jeffrey Johnson.

Updated Feb. 6

Ousting Jeffrey Johnson from the Second District Court of Appeal for allegedly groping and sexually harassing co-workers would break precedent and harm a respected jurist "who has already been punished far beyond any other judicial officer," attorneys for the embattled appeals judge told the Commission on Judicial Performance on Wednesday.

Johnson's attorneys pleaded with commissioners, set to hear oral arguments in the disciplinary case next month, to "take a fresh look at the matter" and to allow him to continue serving on the appellate court.

"There is still time to step back from the precipice of this potential grave injustice," the lawyers said in their 112-page opening brief. The lawyers continued: "Justice Johnson deserves the opportunity, as the commission has given others, to prove that reformation and redemption are part of the system of justice in this administration. He stands humbly before you—still trusting that there will be a just and honorable end to this process."

Johnson is represented by Paul Meyer of Paul S. Meyer APC, Reg Vitek of Seltzer Caplan McMahon Vitek, Thomas Warwick Jr. of Grimes & Warwick and Willie Brown, the former mayor of San Francisco.

Johnson's brief was filed one month after a three-judge panel of special masters concluded in a 316-page report that prosecutors for the Commission on Judicial Performance had proven most of the elements within 10 counts of misconduct, which included allegations that Johnson improperly touched and sexually harassed numerous women and appeared intoxicated at several public events.

The justice's "ethical lapses" were "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.

Johnson said in the brief that he was never told his behavior was unwelcome.

"Although the masters credit his willingness to reform and good faith actions, the absence of notice of any problem denied him the chance to respond if so informed," his attorneys told the commissioners.

Johnson's attorneys also accused prosecutors of "piling on" less serious allegations, including intoxication and poor demeanor, "to bolster a private non-judicial conduct matter." Johnson has argued that his diabetes-related low blood sugar has caused symptoms that can mimic drunkenness. Accusations about his demeanor do not amount to "egregious" behavior, the lawyers wrote.

The judge's lawyers contend the special masters gave too much weight to allegations by Justice Victoria Chaney that Johnson had inappropriately touched her breasts and made unwelcome comments about her appearance in numerous instances stretching back to 2009.

The brief said Johnson reached out to the commission "long before" 17 days of public testimony was heard in the case last year "to accept discipline short of removal for those violations which were true, and for which he was then undergoing counseling and education."

The justice has continued working and has accommodated "restrictions" on his work in the courthouse, the attorneys wrote. "He cooperated fully with the investigation and with all proceedings," they said. "Cooperation does not require confession to untrue claims."

 

Justice Jeffrey Johnson's brief to the commission is posted below:

 

Read more:

'Failure to Take Responsibility': Report Assails Judge Jeffrey Johnson

Judicial Watchdog Calls Justice a 'Bully Who Preyed for Years on Women' in Closing

'I'm a Flawed Human Being,' Judge Says at Sexual Harassment Trial

CA Judge Calls Sexual Harassment Allegations at Trial 'Insulting' and Racist

'I Felt He Wanted Sex,' Appeals Court Judge Testifies About Harassment From Colleague

 

Correction: An earlier version of this report misidentified Justice Jeffrey Johnson's court. He serves on the Second District Court of Appeal.