Judicial monitor cites judge’s “untruthfulness” as reason for removal

The Commission on Judicial Performance removed Contra Costa County Superior Court Judge John T. Laettner from the bench Wednesday after finding he deprived defendants’ of due process rights and made inappropriate comments to women in his courtroom.

Through his attorney, Laettner said he would appeal the decision to the state Supreme Court on the basis his due process rights were violated.

Laettner was found to have engaged in five acts of willful misconduct and 11 acts of prejudicial misconduct related to 10 deputy public defenders, a court reporter and defendants who appeared before him.

“I am saddened by the decision of the commission. I love being a judge and have been honored to do this job for the last 13 and a half years. I so appreciate the support of my colleagues and have so much respect for many of the attorneys who appear before me. I have very much enjoyed helping those who have appeared in front of me,” said Laettner in a statement.

The commission largely adopted the findings of the special masters who presided over Laettner’s evidentiary hearings this year. It found Laettner’s lack of truthfulness and candor during the hearing were aggravating factors in its finding.

“Given the judge’s failure to acknowledge the impropriety of much of his misconduct, and his lack of credibility before the masters, we do not believe that he has shown sufficient appreciation of his misconduct to assure us that he will not re-offend,” commission Chairperson Nanci E. Nishimura wrote in the 76-page order.

Laettner’s attorney, James A. Murphy, took issue with the commission finding that the judge was being intentionally untruthful. “Just because they recall it differently does not mean they are not truthful. Credibility has nothing to do with truth,” said Murphy, a founding shareholder at Murphy Pearson Bradley & Feeney.

Murphy said Laettner would retain his retirement benefits.

The judge’s removal is the 12th by the commission since it was granted powers in 1995 to impose disciplinary actions, and the first judge removed since Tulare County Superior Court Judge Valeriano Saucedo in 2015. The Supreme Court has removed 16 judges dating back to 1973.

The commission found Laettner denied a defendant’s due process rights by increasing bail without a hearing and without the presence of the defendant’s attorney as well as engaged in improper ex parte conversations.

He was also found to have improperly discussed peremptory challenges with attorneys who filed against him.

Further, Laettner failed to disclose his son’s employment with the county district attorney in some juvenile matters, the commission found.

Laettner was also found to have engaged in a pattern of misconduct against women, commenting on their appearances and giving the impression of favoritism, according to the commission.

He told Deputy Public Defender Krista K. Della-Piana, “Your parents hadn’t spanked you enough,” and told a jury a deputy district attorney was “beautiful” and one of his “favorite attorneys,” the commission said.

The commission found the judge made an inappropriate comment about Deputy Public Defender Emi Young, telling another attorney she was “the attractive young Asian woman,” the commission said.

The commission said Laettner made comments about the appearance of his court reporter, calling her “hot.” His court reporter testified she left her job because of his remarks.

The commission noted Laettner “still blames” the county public defender. The judge argued his charges were the result of a coordinated effort by Chief Public Defender Robin Lipetzky to take him down because he enforced monetary bail.

“The masters found, and we agree, that the source of the complaints is irrelevant; it is the judge’s conduct that matters,” wrote the commission.

Lipetzky said members of her office did not come forward because of their views on bail.

“It had nothing to do with his rulings. It had everything to do with his conduct with women,” said Lipetzky. “He had every opportunity to acknowledge his wrongdoing, to be contrite. He did none of those things,” she said.

The commission’s decision is final in 30 days. Laettner has already been removed from the bench by the Contra Costa County Superior Court, pending a decision by the Supreme Court.