Appeals Judge Jeffrey Johnson Is Ordered Removed Over Sexual Misconduct
"This action snaps an unbroken string of decisions which required either a finding of willful misconduct or a violation prior discipline before removing a judicial officer," a lawyer for Judge Jeffrey Johnson of the Second District Court of Appeal said.
June 02, 2020 at 01:06 PM
5 minute read
Updated 12:48 p.m.
Jeffrey Johnson, the Second District Court of Appeal associate justice accused of sexually harassing numerous women, including a colleague on the bench, has been ordered removed from office by the Commission on Judicial Performance.
In a 111-page order issued Tuesday, the commission said it found Johnson committed 18 counts of prejudicial misconduct and refused to take responsibility for his mistreatment of coworkers or alcohol-fueled misbehavior.
"Judges are expected to be honest, have integrity, uphold high personal standards, and treat everyone with dignity and respect, on or off the bench," according to the order, signed by former chair of the commission Nanci Nishimura. "Justice Johnson's conduct before, and during, this proceeding demonstrates that he does not meet these fundamental expectations."
All nine commissioners who participated in the case voted to oust Johnson. He is the first appellate court justice ordered removed from office in the commission's history.
Johnson's lawyer, Paul S. Meyer of Costa Mesa, said in a statement that his client will appeal the order to the California Supreme Court.
"This action snaps an unbroken string of decisions which required either a finding of willful misconduct or a violation prior discipline before removing a judicial officer," Meyer said. "Not one witness ever claimed him to be unfair in any case, or anything less than brilliant. The entire matter here involved non-judicial social conversations."
The commission's decision closes what could be the final chapter in a years-long disciplinary case against Johnson, which includes allegations of wrongdoing stretching back to his time as a federal magistrate on the Los Angeles federal court. The prosecution of the justice touched on difficult issues surrounding race—Johnson is African American—and the decisions by women to report sexual harassment against a powerful figure in the courts.
The commission found that Johnson touched four women without their consent, including Associate Justice Victoria Chaney, who said he groped her breasts and buttocks, and sexually harassed seven others. He leveraged his judicial office in an attempt to develop relationships with three more women and appeared publicly drunk in "multiple incidents," commissioners said.
Johnson denied the worst accusations and blamed his diabetes for slurred speech and an uneasy gait that mimicked drunkenness. He and his lawyers said other interactions reflected his attempt to be friendly and to socialize with subordinates.
But commissioners concluded that Johnson's misconduct was real and "severely tarnished the esteem of the judiciary in the eyes of the public."
"Given his persistent denials of serious misconduct, we do not have confidence that he can reform, as he has not conveyed that he recognizes the extent of his wrongdoing," they wrote.
Chaney and her attorney, Eric George of Browne George Ross, declined to comment on the commission's order. Dan Potter, the executive officer of the Second District Court of Appeal, did not immediately return a message asking about Johnson's status on the bench. Since July 2018, Johnson has only come to the Los Angeles courthouse for oral arguments and on weekends when he was accompanied by the clerk, Potter said in October.
The allegations against Johnson have spawned at least two lawsuits, one by his former California Highway Patrol security agent, Tatiana Sauquillo, and one by a judicial assistant. In a complaint filed this year in Los Angeles County Superior Court, Trisha Velez, an assistant to Chaney, said Johnson subjected her to five years of "unwelcome, inappropriate conduct of a sexual nature"
"Tatiana Sauquillo's courage in standing up against an appellate judge, and testifying against him, has been rewarded with what we've demanded all along: accountability," said the former CHP officer's attorney, Lisa Bloom. "The Commission on Judicial Performance's finding that Ms. Sauquillo was the victim of sexual misconduct and sexual harassment by Justice Johnson means that victims can be believed and justice is possible."
A panel of special masters concluded that Johnson made comments about Sauqillo's appearance that constituted sexual harassment, although the panel did not sustain allegations that the justice touched her inappropriately or propositioned her.
Johnson had touted himself as a candidate for the California Supreme Court and two of his colleagues, including Chaney, wrote a letter to then-Governor Jerry Brown's office endorsing him.
"The remedy chosen deprives the public of a diverse jurist who is universally acknowledged to be brilliant and exceptionally fair," Meyer said in an email Tuesday.
A former Brown administration official said Johnson was not considered for an appointment to the high court.
Read the CJP order issued today:
Read more:
'I Am Devastated': Embattled Appellate Justice Says Misconduct Charges Don't Warrant Removal
'I'm a Flawed Human Being,' Judge Says at Sexual Harassment Trial
|This report was updated with additional information about the order, and additional comment.
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