Panel rejects justice’s move to strike accuser’s testimony

A panel of Commission on Judicial Performance special masters Thursday denied Justice Jeffrey Johnson's motion to strike the testimony of a former extern who said Johnson exposed his penis to her, forcibly kissed her and engaged in a campaign of verbal and sexual harassment against her.

Johnson's attorney, Paul S. Meyer of Costa Mesa, moved three times to strike the rebuttal testimony of Melissa Miller, now a Department of Homeland Security attorney.

"Respondent's main assertion was that he was not provided sufficient information or time to prepare for Miller's testimony, prejudicing his defense," a document signed by Judith L. Haller, the presiding special master read.

The document continued, "Respondent has not presented any new information and we continue to find his arguments unpersuasive, particularly given the examiner's explanation for its good faith efforts to contact Miller before the hearing."

On Wednesday, commission examiner Emma Bradford told the panel Miller was identified on the examiners' prehearing witness list and was a proper rebuttal witness.

18 women have accused Johnson of misbehavior. As the final witness in the disciplinary hearing, Johnson, who sits on the 2nd District Court of Appeal, denied there was any truth to Miller's testimony. "That's a false statement. ... It never happened at all."

The panel will hear final arguments Oct. 8

--Carter Stoddard