John
D. Harris
Los Angeles Superior
Court judge
A hearing was held last month on misconduct charges brought by the
Commission on Judicial Performance against Harris, a court commissioner
and judge for nearly 30 years.
The special masters-Court of Appeal Justice Eileen C. Moore of the
Fourth District's Div. Three, San Bernardino Superior Court Judge
Patrick J. Morris, and Ventura Superior Court Judge Henry J. Walsh-heard
the evidence in Pasadena.
The CJP has accused Harris of seeking to establish personal relationships
with sexual assault victims, making inappropriately personal comments
to jurors, attorneys, and court staff, throwing a file at a deputy
city attorney, and lying during an investigation into his conduct.
The CJP alleges that after two felony sexual assault trials in 2000,
Harris met in chambers with the victims and sought to initiate personal
relationships. One of the victims was only 16 years old, the notice
of charges points out, and the Court of Appeal cited the meeting
in ordering the defendant resentenced by a different judge.
Harris has acknowledged that the meetings were improper because
the cases were not yet final. But he testified that he sought only
to comfort the victims because he was moved by their plight, and
did not intend to have any extensive or improper continuing relationships
with them.
On eight occasions in 2002 and 2003, the CJP claims, the judge made
comments to or about female attorneys, court staff members, or jurors
that were inappropriately flirtatious or sexual. The comments included
invitations to have lunch, a remark that a staff member was "cute,"
and thanking a lawyer for not challenging an attractive female juror
because a judge "has to have something to look at during trial."
Harris said that in hindsight, he recognizes that some of his remarks
could have been taken as offensive, but that he had no intention
of making anyone feel ill at ease.
The file-throwing incident, the CJP alleges, took place in October
2002 and involved Deputy City Attorney Chadd Kim. After the incident,
the judge "continued to be abrupt and impatient with Ms. Kim,"
and he later exhibited anger when Kim filed a peremptory challenge
preventing him from hearing another case, the commission claims.
Harris admitted having lost his temper on the one occasion, and
said he should not have required Kim to explain the peremptory challenge,
which he said upset him because he had always had good relations
with the City Attorney's Office, where he practiced before his appointment
as a judicial officer. But he denied any continuing animosity.
Harris also recommended women to a male deputy city attorney for
dates and failed to disqualify himself or disclose their relationship
when the lawyer appeared before him, the CJP alleges. Harris acknowledged
that he tried to help out the prosecutor, who expressed dissatisfaction
with his social life, but said he saw no need to make a public disclosure
that would have been embarrasing.
The CJP said Harris lied when he stated, in his response to a preliminary
investigation letter sent to him in August, that he had never been
"counseled, criticized or reprimanded" concerning his
conduct by court officials.
In fact, the CJP alleges, Judge Carol Rehm Jr., then the Criminal
Courts assistant supervising judge, spoke with Harris in December
of 2002, advising him of concerns about his "interactions with
young, female attorneys."
Four months later, the notice relates, Harris met with Presiding
Judge Robert A. Dukes, Assistant Presiding Judge William McLaughlin,
then-Criminal Courts Supervising Judge Dan Oki, and Rehm to discuss
the complaints about his conduct again. At that time the judge was
told he would be transferred to South Gate, the CJP said.
Harris testified that he believed the questions related to events
occurring prior to the commencement of the CJP investigation, and
that his answers were accurate based on that belief.
Kevin
A. Ross
Los
Angeles Superior
Court judge
Ross was charged May 7 with three counts of judicial misconduct.
No hearing date has yet been set.
The Commission on Judicial Performance asserted in its formal notice
of proceedings that Ross made comments about pending cases on a
public television program on four occasions, was twice absent from
court without authorization, and in four instances treated criminal
defendants inappropriately.
The CJP cited appearances by Ross, a former prosecutor, on the KCET
public television program "Life and Times Tonight" during
2001 and 2002. Ross, a frequent guest on the public affairs discussion
program, gained a seat on the Inglewood Municipal Court in 1998
by defeating Judge Lawrence Mason and became a Superior Court judge
upon unification in 2000.
Among the canons of the Code of Judicial Ethics violated by the
four appearances, the CJP asserted, is Canon 3B(9), which says that
a judge shall not shall not "make any public comment about
a pending or impending proceeding in any court."
Both of the unauthorized absence allegations also relate to public
appearances made by the judge.
In March of 2000, the CJP alleged, Ross arrived about an hour late
because he was giving a radio interview about Proposition 21, a
juvenile crime initiative statute.
In April of 2002 he asked for and was granted two days off to attend
a California Association of Black Lawyers conference in Palm Springs.
In fact, the CJP claims, there were no conference events scheduled
during the first day and Ross spent the time taping a "Life
and Times Tonight" segment and attending an inner-city economic
summit.
In his June 15 response, Ross said his television appearances were
consistent with the California courts' efforts to educate the public
on the judicial process and noted that other judicial officers had
appeared with him or on similar programs. He also contended that
the restrictions on judicial comment on pending cases are unconstitutional.
With respect to the March 2000 incident, Ross acknowledged giving
the interview and taking the bench about 9:30 a.m. But he denied
that court business was interrupted, saying he normally did not
take the bench much earlier than that since he was presiding over
a mass calendar court where much of the first hour of the court
day was taken up with check-ins and attorney-client discussions.
He also charged that the then-site judge in Inglewood, Eric Taylor,
who complained about his lateness, was actually upset because Ross
was supporting then-Deputy District Attorney Patricia Titus in an
impending election contest with Commissioner Deborah Christian,
whom Taylor and most of the other judges in the courthouse were
backing.
Titus won the election. Christian was subsequently appointed a Superior
Court judge by then-Gov. Gray Davis.
The CJP also cited four instances in which Ross allegedly improperly
communicated with criminal defendants or became "embroiled"
in their cases and "abandoned [his] judicial role." Ross
denied any improprieties in his response."
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