Appeal justice denies most serious charges

Justice Jeffrey W. Johnson of the 2nd District Court of Appeal, who was accused by the Commission on Judicial Performance of sexually harassing 14 women, has denied the most serious claims of groping and soliciting sex but admitted to "blurring boundaries" between the personal and professional.

"Justice Johnson does not answer in a blanket denial, nor does he display an attitude resistant to honest self-evaluation. He admits to many of the phrases attributed to him in the less serious alleged counts," according to Johnson's 42-page answer, signed Jan. 4 by one of his attorneys, Paul S. Meyer of Costa Mesa.

"Justice Johnson openly admits that no matter his intent, if he was misperceived, the failing was his alone," said the response, released by the commission Tuesday.

Johnson denied two of the nine counts of misconduct and said he passed polygraph testing on those accusations. Johnson admitted to making a joke to a staff attorney about dating an African-American man, telling her she was his "favorite," telling a justice her judicial assistant was "wild" in her youth and complimenting a staff attorney and judicial assistant on their attire and perfume. These comments may have been misinterpreted but did not affect the administration of justice or constitute bad faith conduct, the answer stated.

Johnson is also represented by former San Francisco mayor and state assemblyman Willie L. Brown Jr., Reg A. Vitek of Seltzer Caplan McMahon Vitek and Thomas J. Warwick Jr. of Grimes & Warwick.

Johnson also accused the Court of Appeal's investigation of being "grossly unfair" due to an email release of allegations by California Highway Patrol Officer Tatiana Sauquillo on July 2, 2018. Administrative Presiding Justice Elwood Lui sent the allegations to more than 10,000 court personnel, according to the answer.

Lisa Bloom, who represents Sauquillo, confirmed the incident in an interview last week and said it was very upsetting to her client.

Johnson alleged the leak "created unfair and untrue impressions" about him and "likely tainted" interpretations of past comments.

Kathleen Ewins of Long & Levit LLP, who is representing the Court of Appeal, declined to comment.

In one count denied by Johnson, the commission accused him of repeatedly groping fellow Justice Victoria Chaney from 2009 to 2018, including in 2010 when he allegedly groped one of her breasts in the courtroom hallway. Johnson, in his answer, said he has never intentionally or inappropriately touched Chaney and claimed Chaney was "warm and playful" toward him during the years in question.

Chaney also wrote to the governor's office in 2014 praising Johnson's character, according to the answer.

Chaney's lawyer, Eric George of Brown George Ross LLP, referred to his previous comment that Chaney "will continue to provide testimony to the commission as requested, but out of respect for the integrity of the pending proceedings does not otherwise intend to comment publicly."

Johnson also alleged that he, Chaney and former Presiding Justice Robert Mallano participated in court-instituted counseling sessions in 2010 and 2011 to "prevent disputes" and welcomed Chaney and Johnson into "a working environment that promoted open discussion and dealt with any issues before those issues could become problematic."

Johnson said Chaney never raised any complaint with him nor did any of the women previously make a formal complaint.

In the second count, the commission accused Johnson of asking Sauquillo to pull over so he could have sex with her. Johnson said the allegation was false. He also said his family was responding to "an all-consuming threat of violence" at the time the incident was alleged to have occurred, so it is not credible he could have made salacious comments to a law enforcement officer.

"Officer Sauquillo stands by her allegations," Bloom said in a statement. "The idea that Justice Johnson could not sexually harass her at a time when he was under stress is absurd. And as every judge should know, polygraph evidence is generally inadmissible in California as courts deem it unreliable."

A hearing date is expected to be set in the next two to three weeks.

In December 2017, Johnson said to Chaney, "You would never report me, would you?" according to the commission. In his answer, Johnson admitted to recalling a bantering comment in a discussion involving 6th District Court of Appeal Justice Conrad Rushing and/or 9th Circuit U.S. Court of Appeals Judge Alex Kozinski, both of whom resigned in December 2017 amid sexual harassment allegations.

"The making of such a comment is, he submits, an indicator that there was a mutually prankish and lighthearted relationship among several justices, rather than anything more serious," according to the answer.