Contra Costa County judge’s attorney says complaints against him part of public defender’s campaign

A Contra Costa County judge sexually harassed multiple women and committed other judicial misconduct including ex parte communications, the Commission on Judicial Performance has alleged. The judge’s defense attorney said the case is part of a campaign against the county’s criminal judges by the public defender’s office.

According to a formal notice made public Wednesday, which includes nine accusations of judicial misconduct, Superior Court Judge John T. Laettner has made inappropriate comments to females, particularly deputy public defenders appearing in his courtroom, since 2006.

Laettner’s attorney, James A. Murphy of Murphy Pearson Bradley & Feeney, said the allegations are the results of a concerted effort by the public defender’s office to disparage his client. Public Defender Robin Lipetzky has been at odds with many judges in Contra Costa County, accusing them of being racist due to their support of the cash bail system, and Laettner is one of those judges, Murphy said.

“Her office was upset with anyone who imposed monetary bail on criminal defendants,” Murphy said. “It’s an effort on her part to get Judge Laettner out of the criminal department, even though he is now in family law.”

Of the nine charges, roughly half involve allegations of sexual misconduct.

In one instance, the commission said in its notice of inquiry, after allegedly making numerous comments about her physique, Laettner ordered a female court reporter into his chambers to “put a matter on the record.”

When the reporter entered his chambers, the commission said, no attorneys were present. The reporter asked if Laettner wanted other attorneys present, to which the commission said he replied, “‘Well, you are hot,’ or something to that effect.”

Other allegations involve Laettner allegedly making inappropriate comments to female attorneys during solo sidebars and ex parte communications.

Several of the allegations include Laettner telling deputy public defenders he didn’t want them to be mad at him. One accusation said that he told someone looking for an attorney they did not know that she was a “young, attractive Asian woman.”

Murphy said Lipetzky encouraged her subordinates at the public defender’s office to gather information to find alleged comments by Laettner that would embarrass him.

“She’s behind the whole thing,” Murphy said.

Lipetzky could not be contacted Wednesday. An automated email said she will be out of the office until Sept. 24.

Laettner has until Oct. 4 to respond to the notice.

Three special masters appointed by the state Supreme Court will hold an evidentiary hearing where commission trial counsel will introduce evidence and examine and cross-examine witnesses.

The special masters will submit a report to the commission with recommended findings. A commission hearing will commence to argue the findings.

If Laettner is found culpable of misconduct, the commission may remove, censure or admonish him. Laettner then may petition the state Supreme Court to appeal the commission’s decision.

Commission Director-Chief Counsel Gregory Dresser said, “We believe that we have a good faith basis that we can establish all of the charges by clear and convincing evidence.”