Presiding justice criticizes Johnson’s work performance

LOS ANGELES -- Justice Jeffrey Johnson of the 2nd District Court of Appeal failed to show up for work a lot, turned in substandard decisions and had a surly temper, a fellow justice testified Friday.

Frances Rothschild, presiding justice of Division 1 of the 2nd District, was one of three Court of Appeal justices who testified Friday in a Commission on Judicial Performance discipline hearing for Johnson.

Justice Tricia Bigelow testified Johnson made crude comments about Justice Elizabeth A. Grimes' body. Grimes said she couldn't recall the incidents but trusts Bigelow's recollection.

"Was Justice Johnson's absence from the court detrimental" to conducting the court's business? Commission on Judicial Performance examiner Emma Bradford asked Rothschild.

"We accommodated it," Rothschild said, but noted the business of the court was made considerably more difficult by his absence. "He was not often there, except for Wednesdays."

Seventeen women, four of them court of appeal justices, have accused Johnson of inappropriate behavior ranging from bullying to groping. Friday marked five days of what is projected to be a 19-day hearing. Wednesday was the most dramatic day, as Justice Victoria Chaney told the panel of three special masters that Johnson repeatedly propositioned and groped her over a nine-year period.

So far, the defense has done little to dispute the women's testimony, mainly focusing on their memory of events, many of which happened years ago. In his opening statement Monday, Paul S. Meyer, one of Johnson's attorneys, said the accusations are an example of the #metoo movement run amok.

On Friday, Meyer issued a statement that hinted at a vigorous defense to come.

"We look forward to witnesses who know Justice Johnson for decades who will provide an accurate picture of this talented and outgoing justice. Much of the evidence against him is a result of reinterpreting long past events in a negative light as a result of a malicious whisper campaign," the statement read.

Friday began with Rothschild testifying that Johnson's decisions were sometimes sloppily constructed and wrong. "Other times the result was not right, or it wasn't well put together," Rothschild testified.

Rothschild said she didn't like "his work ethic, his work product," or the way Johnson spoke to fellow justices and court staff, including herself.

Rothschild, who has been the division's presiding justice since 2014, recalled interactions she said she had with Johnson involving a pair of cases that the special masters stipulated could not be referred to by their official captions. Rothschild recalled a meeting in Chaney's chamber after oral argument in a case called People v. M. Johnson became angry with Chaney and a research attorney, Daniel Alexander, both of whom previously testified against Johnson, Rothschild said.

Bradford attempted to coax Rothschild to say that the meeting occurred in late 2017 or early 2018 but the justice said she could not recall the date, or who Johnson yelled at specifically, or even if he had yelled at all. She testified that she only knew Johnson was angry, and responded "yes" when asked if she thought his behavior was inappropriate.

At another meeting, Johnson became inappropriately angry with Justice Elwood Lui and herself, Rothschild said, later hedging her testimony. "I don't know if I would call it angry," she testified, instead characterizing Johnson's actions as "aggressive."

Prior to 2014, Rothschild said, "Justice Johnson called [then-Justice Robert M.] Mallano a hypocrite," in an "assertive fashion."

Rothschild said she had counseled Johnson because she thought "his manner of questioning attorneys was inappropriate." She said he responded, "He said he could ask questions any way he wanted to and that it was his prerogative."

Johnson also told an attorney appearing in front of Rothschild, "Don't let her railroad you," Rothschild testified, saying that bothered her because it was "disrespectful of a colleague."

Rothschild finally spoke to her impression that Chaney was an honest person and that counseling sessions the court set up to foster a better work environment between justices were ineffectual. "I saw no purpose to them, but I suppose it was to help us get along well," Rothschild said.

Chaney testified Wednesday that the court was very dysfunctional before she and Johnson arrived and that she endured his sexual harassment because she thought she and Johnson brought stability to the court.

During his cross examination, Meyer asked if the meetings with the psychologist were related to the allegations against Johnson.

"Did the discussions with Dr. Zimmerman include the topic of sexual harassment," Meyer asked.

"No, they did not," Rothschild said.

"When you described Justice Johnson's position on facts and law," was that related to a specific instance, Meyer asked.

Rothschild answered by saying she didn't think Johnson was always wrong, just that he was wrong in some instances.

Meyer also brought up an instance in which he wondered if Rothschild ever jokingly told Johnson, "I'd like to take you over my knee and spank you," and "Johnson responding something like 'and I would take it' or 'I would like it.'"

Rothschild said she did not know about either instance.

Grimes testified she didn't remember Johnson telling her "she had the best ass in the 2nd district" or anything to that effect.

Bradford wondered if Grimes would lie about telling something of that effect to fellow justice Bigelow.

"You must be kidding, God no. I would never lie about something like that," Grimes said.

She similarly said she believed Bigelow is honest, telling Meyer under cross, "Apparently it happened, because I told Trish about it."Judge Louis R. Hanoian of the San Diego County Superior Court, one of the special masters, granted Meyer's request to strike the response from the record.

Bigelow then took the stand to testify that in 2014 or 2015 Grimes told her, on two separate occasions, that Johnson had made a comment about her bottom.

"I'm embarrassed to say I responded with laugher," Bigelow said, making a point that the comments were so outlandish she remembered where she was when she heard them, a judicial elevator and a conference meeting room.

Justice Thomas L. Willhite then testified that his daughters told him about seeing Johnson drunk and hitting on younger women at the Spring Street Bar near the courthouse.

Willhite also said his niece told him Johnson told her something to the effect of, "'I have dirt on your uncle,' some veiled kind of threats like that," as a part of a diatribe against her that made her cry.

This interaction allegedly occurred at the Spring Street Bar as well.

The special masters panel is made up of Hanoian, Justice Judith L. Haller of the 4th District Court of Appeal and Judge William D. Lehman of the Imperial County Superior Court.