15 counts of prejudicial conduct proven against justice, panel says

A panel of special masters declared a host of sexual harassment allegations against Justice Jeffrey Johnson have been proven, issuing a report Friday that affirmed 15 counts of prejudicial misconduct, which could lead to removal from the bench.

The 316-page document contained the panel's findings of fact and conclusions of law following a 17-day hearing last year that included more than 100 witnesses.

The Commission on Judicial Performance accused Johnson of assaulting, harassing or demeaning 17 women over nearly 20 years, ranging from young attorneys and clerks to colleagues on the 2nd District Court of Appeal.

The panel said most of the 10 allegations made by Justice Victoria Chaney that Johnson systematically harassed her from 2009 to 2018 were proven by the commission's examiners, Mark A. Lizarraga and Emma Bradford.

Among the proven charges, the panel found, were Johnson drunkenly entering Chaney's hotel room uninvited during a 2010 conference in Reno, repeatedly propositioning her to have an affair, and consistently groping her breasts and buttocks throughout the time they worked together. The panel found these acts to amount to prejudicial conduct.

Concerning allegations made by Johnson's onetime driver and bodyguard, CHP officer Tatiana Sauquillo, the panel said the examiner proved Johnson made inappropriate comments about her appearance but not that he had crudely propositioned and touched her as the two were returning from an official function. Sauquillo, who testified that Johnson frequently described sexual positions he wanted to engage in with her, has a pending lawsuit against the court, as does Johnson.

Johnson's attorney, Paul S. Meyer, could not be reached for comment Friday. He had argued throughout the proceedings that the 59-year-old jurist was the victim of a coordinated smear campaign directed by underlings at the court who despised him. Meyer claimed a mob mentality caused women who came forward later to be influenced to embellish and outright lie about their experiences with the justice.

For its part the court said it found this assertion "largely unsupported."

A claim by another former CHP guard and driver Shawna Davison, that the justice had spoken suggestively to her during a return trip from the airport, was not supported by the panel, which said it found her testimony credible but the examiners failed to show Johnson's words were sexual in nature.

Further charges that Johnson verbally and physically harassed research attorneys Jessica Butterick and Andrea Blatchford were upheld. Inappropriate comments and jokes made toward judicial assistant Trisha Velez, research attorney Katie Wohn, judicial assistant Carolyn Currie, and Court of Appeal Justice Elizabeth Grimes were found to have constituted prejudicial misconduct in the case of Velez and improper action in the other cases.

Five counts of prejudicial conduct and one of improper action were held up against Johnson for his behavior against six female attorneys, the report said, though it listed only five, Melanie Palmer, Allison Schulman, Price Kent, Roberta Burnette and Taylor Wagniere, who each said Johnson groped, kissed, cornered or harassed them as he appeared in various states of intoxication. Not mentioned by name was Melissa Miller, a former Johnson extern who testified under subpoena that he exposed his penis to her in his chambers.

In some instances Johnson seemingly engaged in quid pro quo, offering career aid if his victims would go along with his behavior.

"We find particularly concerning Justice Johnson's actions towards women who had recently graduated from law school; were in the early stages of their legal careers; and welcomed the opportunity to establish professional contacts with a Court of Appeal justice," the panel said. Another five counts of prejudicial behavior were upheld by the panel involving instances when Johnson was observed at or near the Ronald Reagan State Building, often stumbling drunk or accompanied by intoxicated young women. One court staff member recalled a slurred offer from Johnson to come "party" with him.

The panel said many of the most serious actions occurred when Johnson was publicly intoxicated and it had no confidence he could overcome those tendencies to reform, particularly since he did not accept responsibility for his behaviors.

He denied the accusations in many cases and in others said societal norms had changed or he was being friendly or curious. He said the reports of drunkenness were attributable to his diabetes, testimony the panel said it did not credit.

Johnson's alleged actions while he was a federal magistrate toward two federal court employees, Isabel Martinez and Nicole Denow, were not ruled upon by the panel due to their expiration under the statute of limitations.

Finally, derogatory comments made by Johnson to two CHP officers about his colleagues Justices Frances Rothschild and Chaney were proved to be improper action, the panel said.

The panel was made up of Justice Judith L. Haller of the 4thd District Court of Appeal, Judge William D. Lehman of the , Imperial County Superior Court and Judge Louis R. Hanoian of the San Diego County Superior Court.

The panel said it made no finding on judicial misconduct because the commission had not alleged any of his actions affected court proceedings.