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CJP Publicly Admonishes Former Judge Based on Comments Blaming Domestic Violence Victim
By a MetNews Staff Writer
Former Del Norte Superior Court Judge Robert F. Cochran, who retired last month after six years of service, yesterday drew a public admonishment from the judicial disciplinary body for faulting the victim of domestic violence for staying in an abusive relationship, calling her manipulative, and saying that the perpetrator had fallen into her “trap.”
Cochran made the comments during a hearing on a domestic violence restraining order and while presiding over a change of plea in a criminal case involving the same aggressor. At the restraining order hearing, Melinda Cairns testified that her former live-in boyfriend and the father of her child, Thomas Rodriguez, assaulted and tried to kill her hundreds of times.
She provided photographs showing her with bloody head wounds, black eyes, strangulation bruising, and a split lip. During the hearing, Cochran asked her “if this is true what you’re telling me, why [are you] still in that home with this person a year later?”
Manipulation Alleged
Rodriguez admitted to having punched and assaulted her but attempted to minimize his behavior by saying she liked “being choked in bed” and indicating that she manipulated him into paying her bills.
The judge responded by remarking:
“T]he fact that she’s a manipulator and took advantage of your kind heart, willing to help her out doesn’t justify the domestic violence.”
Cochran further commented:
“You have played into her trap. If this was a plan that she had—if this was a plan, a long-term plan, you’ve just made her day. You played right into her hands on it.
“If she’s got mental issues the way you say, that she’s the problem, she’s possessive or, perhaps, likes being beat up or whatever,…even that doesn’t justify the physical violence.”
Addressing Cairns, he said “[t]he help that you need is way bigger than him” and “you can’t blame this on him.”
He issued a three-year domestic violence restraining order but did not require Rodriguez to attend a program for perpetrators of domestic violence.
Good Intentions
In his response to the notice of preliminary investigation by the Commission on Judicial Performance (“CJP”), Cochran acknowledged that his comments were “unartful” but argued they were made with good intentions, as he wished to impress on Cairns the dangers of modeling unhealthy relationships to her children.
CJP concluded that his statements reflected outdated stereotypes about victims of domestic violence and appeared to blame Cairns for the abuse she suffered “in violation of canons 3B(4) (duty to be patient, dignified, and courteous to litigants and lawyers), 3B(5) (duty to perform judicial duties without bias or prejudice),” and other duties.
The commission also said that the judge “conveyed the appearance of bias and embroilment by suggesting answers and arguments for Mr. Rodriguez; mischaracterizing Mr. Rodriguez’s testimony; stating he did not have a choice in granting the DVRO; and admonishing Ms. Cairns more harshly for interrupting, even though both parties equally interrupted the judge or each other.”
Plea Hearing
In the criminal matter against Rodriguez, relating to some of the conduct described by Cairns at the restraining order hearing, the attorneys relayed to the judge that the defendant had agreed to plead no contest to felony charges of domestic abuse in exchange for felony probation and credit for time served.
Following the prosecutor’s statement of the factual basis for the plea, Cairns asked to be heard. After an exchange, Cochran said:
“Look I’m not going to fight with you. You’re the victim. I have to be sympathetic to that, but you’re not impressing me right now.
“These are serious felony—he’s placed on a felony probation with some very strict rules and things that are very protective to you.”
Cairns continued protesting but was cut off by the judge when she commented that Rodriguez was already on felony probation and that “I have received death—” Cochran instructed her to file a victim complaint with the probation department, saying, “We’re done.”
In yesterday’s order, CJP said:
“Marsy’s Law expressly provides that a victim be heard, upon request, at any proceeding, including a plea hearing. By telling Ms. Cairns to take her concerns to the probation department, after a plea was entered, the judge denied her the opportunity to influence his decision to accept the plea agreement….Judge Cochran also violated Marsy’s Law by failing to treat Ms. Cairns with dignity, respect, courtesy, and sensitivity….The commission concluded that Judge Cochran’s failure to allow Ms. Cairns to make a full statement at the change of plea hearing also violated canons 3B(2) (duty to be faithful to the law regardless of partisan interests…), 3B(7) (duty to accord every person who has a legal interest in a proceeding the full right to be heard…), 3B(8)[(duty to dispose of all judicial matters fairly)], 2 [duty to avoid impropriety)], and 2A [(duty to comply with the law and to act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary)].”
Serious Misconduct
The commission determined that Cochran’s treatment of Cairns “constituted serious misconduct…that negatively affected a victim of domestic violence.”
In aggravation, CJP said that the judge “did not appear to fully appreciate the impropriety of his comments.”
Nine members voted to impose the public admonishment, including Justice William S. Dato of the Fourth District Court of Appeal and Los Angeles Superior Court Judge Lisa B. Lench. Commission member Rickey Ivie did not participate and one public member position was vacant.
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