Justice’s misconduct hearing winds down with testimony about his anger

LOS ANGELES — During an investigation into whether state appellate Justice Jeffrey W. Johnson was eligible for elevation on the federal bench nearly two decades ago, he became angry when questioned by a now-retired woman attorney, according to testimony Tuesday near the end of a hearing into allegations he groped, bullied and verbally abused women over many years.

After 16 days of testimony over the past month, the Commission on Judicial Performance hearing that could lead to Johnson’s removal from the bench adjourned until mid-September to accommodate one last witness, who is out of the country.

In the face of allegations of abuse from 17 women ranging from fellow justices to court clerks, attorneys and his driver, Johnson testified, sometimes tearfully, that many of the incidents were made up. In other cases, he said some of his questions to women, seen as sexually aggressive by them, were just a matter of his inquisitive nature. He also said he recognized some comments are no longer acceptable.

Before his appointment to the 2nd District Court of Appeal by Gov. Arnold Schwarzenegger in August 2009, Johnson had been a U.S. magistrate judge in Los Angeles for 10 years.

In 2000, he was being considered for elevation to a district court judgeship when Jane Barrett interviewed him for an hour in his chambers as part of her duties with the American Bar Association Standing Committee on the Federal Judiciary.

Now-retired, Bennett testified Tuesday that during the interview Johnson raised his voice in “sudden anger,” yelling at her for a minute or two. She didn’t feel a reasonable person should have been upset by her questions about his resume and qualifications, Bennett told Commission on Judicial Performance examiner Emma Bradford.

While she characterized herself as not “easily intimidated,” Barrett said the exchange left her “scared.”

Under urging from Bradford, Barrett described how Johnson picked up a framed photograph of a woman and children, whose identity she said was privileged, and showed it to her. She also testified that what Johnson said to her was privileged.

Bradford then called Los Angeles County Superior Court Judge Holly Fujie, who testified Barrett once told her Johnson menaced her with a framed picture, holding it above his head.

Fujie was also part of an investigation of Johnson for possible elevation and said she sought Barrett out specifically because she heard of the attorney’s involvement in Johnson’s first nomination and hoped to glean insight before she interviewed him herself.

“She was very concerned about confidentiality,” Fujie said of Barrett.

Fujie testified that during their conversation, Barrett disclosed, “At one point he picked up a photograph in a frame and brandished it over his head, and she was concerned about her safety.”

Regarding the source of Johnson’s alleged outburst, Fujie recalled Barrett said she had asked Johnson whether it was correct that he lived in or near “the projects” when he was growing up in South Carolina.

Johnson testified during the Commission on Judicial Performance hearing that he lived “across the street from the projects” and was raised to be kind to people and give them hugs.

Fujie testified that Barrett disclosed she knew a former neighbor of Johnson’s family, who told the investigating attorney they did not live in or near the projects. The contradiction apparently was the cause of Johnson’s alleged anger, according to Fujie.

Under cross-examination, Johnson’s attorney Paul S. Meyer asked Barrett, “Did you tell Justice Johnson that there were ... African American judges on the bench, and there was not a need for another one?”

Appearing aghast at the question, Barrett said she had not.