Judges and Judiciary
Aug. 21, 2004
Panel Rejects Harassment Charges Against Jurist
LOS ANGELES - A three-judge panel has rejected sexual harassment charges against Superior Court Judge John D. Harris, saying allegations he invited a rape victim on a date and made crude remarks were the result of his "outsized heart" and "media inaccuracies."
The 69-year-old judge never intended to take sexual advantage of women, the mostly sympathetic panel found, in findings of fact and legal conclusions that will be passed on to the Commission on Judicial Performance for a final decision.
Judges Eileen C. Moore, Patrick J. Morris and Henry J. Walsh, appointed as special masters by the state Supreme Court to hear the charges against Harris, said they believed the judge's reputation as a womanizer spread after a newspaper falsely suggested he had tried to "date" a rape victim in September 2000.
"After that, it appears he was considered to be damaged goods at his new courthouse downtown where he was not that well-known. The stories took on a life of their own," the panel said.
The commission charged Harris with making suggestive comments to jurors and attorneys, meeting ex parte with sex-crime victims and failing to disclose personal relationships with attorneys who appeared before him.
The charges were based on a report by Los Angeles Superior Court Supervising Judge Robert Dukes. Harris' penalty could have ranged from private admonishment to removal from the bench.
The three-judge panel, however, found the commission failed to prove most of its accusations. However, they did find that Harris on one occasion violated California Code of Judicial Ethics Canon 3B(4) that requires a judge to be "patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity."
Edward George, Harris's attorney, said the judge "is thrilled with the masters' report."
"The report is not final, but it goes a long way to exonerate Judge Harris of these charges," George said. "The masters looked at Harris' entire judicial career, which they say is exemplary. I'm very satisfied with the result."
George said he will formally accept the findings in 30 days. Oral arguments before the full 11-person commission are expected to take place this fall.
Victoria B. Henley, director of Commission on Judicial Performance, declined to comment on the masters' findings, saying the case is still pending.
Deputy District Attorney Karla Kerlin, who prosecuted the rape case, testified that after the judge sentenced the assailant, she saw Harris having a private conversation with the sexual assault victim.
The court clerk told her she better go into the judge's chambers, Kerlin testified. When she did, she witnessed Harris giving the victim his business card and inviting her to spend a Jewish holiday with his family. Kerlin later reported the meeting to a head deputy.
Kerlin didn't return a phone call Thursday.
Security guard Jacqueline Medina testified about an October 2003 incident in which Harris joked with her and another female guard in a weapon screening area in the South Gate Courthouse.
Medina said Harris placed his hands against the wall and said, "Can I choose between the two of you?" and "I want to be searched in chambers."
Medina told the masters that she wasn't offended by the joke. Medina also could not be reached for comment.
The three judges said Harris crossed the line with the jokes but said it stemmed from his big heart and sense of humor, not harassment.
"John Harris is a remarkably caring, intelligent, sharp-witted and sociable judge, whose heart, social habits and humor may have served him well for all of his professional life," the masters said. "In the South Gate incident, it appears he cared too much about making sure a few of the security workers had a good day by making them laugh."
In another incident, Harris allegedly walked behind Central Arraignment Courthouse Division Chief Bettina Rodriguez, looked at her buttocks and said, "It looks good to me." Rodriguez had dressed in bicycle shorts and t-shirt after a lunch-hour workout. Harris denied looking at her inappropriately or commenting on her body.
The three-judge panel rejected any suggestion of sexual impropriety by Harris.
"The masters discerned not even a hint of sexual impropriety or unsuitable intentions regarding women on the part of Judge Harris," they said.
Rodriguez is on vacation and could not be reached for comment.
In another incident, Harris allegedly asked Deputy Public Defender Obe Ozobu repeatedly to shop for a leather jacket with him at Macy's. Ozobu declined the invitation. Harris explained he was only joking.
Ozobu also didn't return phone calls for comment.
The judges said that Harris' behavior may be demeaning to women and inappropriate by today's standards but that they are not necessarily "unjudicial."
Overall, the masters described Harris as "a consummate extrovert who loves to engage in conversation and mentoring," and who missed subtle signals from otherwise self-assured and confident female attorneys offended by his conduct.
Most of the stories involving Harris, the masters said, "turned out to be gross exaggerations of the truth or patently false."
"Had [Presiding Judge Robert Dukes] been provided an accurate report, the masters believe he probably would not have made his report to the Commission on Judicial Performance about Judge Harris," the masters said.
Joy Shaw
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