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News

Judges and Judiciary

Mar. 5, 2020

Commission on Judicial Performance says Ventura judge retaliated against attorney

Ventura County Superior Court Judge Jeffrey G. Bennett also stands accused of making a variety of sexist, racist and otherwise offensive remarks, beginning shortly after he took office in 2009, according to commission documents released Wednesday.

The Commission on Judicial Performance has opened formal proceedings against Ventura County Superior Court Judge Jeffrey G. Bennett. The six charges include one in which he allegedly retaliated against an attorney who he appeared to believe filed a complaint about him with the watchdog agency.

According to Wednesday's announcement, Bennett stands accused of making a variety of sexist, racist and otherwise offensive remarks, beginning shortly after he took office in 2009. These include allegedly telling an African-American defendant to stop "shucking and jiving" and calling a woman attorney a "scared little girl."

Bennett is represented by a team at Klinedinst PC in San Diego, composed of Heather L. Rosing, Daniel S. Agle and Irean Zhang. The firm emailed a statement saying Bennett plans to fight the charges.

"The Hon. Jeffrey Bennett has had a distinguished career as a deputy sheriff, police officer, chief investigator, chief deputy district attorney, and judge of the Superior Court," the statement read. "In March 2019, Judge Bennett was presented with grievances dating back to 2009. Had the complainants brought these matters to Judge Bennett's attention in a timely manner, they would have been immediately addressed. Unfortunately, for unknown reasons, they were not."

"Judge Bennett has always been honest and straightforward," the statement continued. "He is known for his refreshing 'tell it like it is' approach to life and his sense of humor. Prior to the initiation of formal proceedings, Judge Bennett admitted he had made inappropriate comments. He sincerely apologized to the commission and implemented a thoughtfully developed plan for improvement and change."

The second count in the charges against Bennett concerns statements he allegedly made to a deputy district attorney in 2016, indicating he didn't want to shake his hand and stating, "Do you know how much trouble you have caused me?"

"You stated that someone had complained to ... the Commission on Judicial Performance, leading to a disciplinary hearing. ... You falsely stated that your name had been 'clear[ed]' in the 2015 matter, and falsely stated you had to pay lawyers $10,000 in connection with your defense," the charging document continued.

This would appear to raise the possibility there was a previous complaint to the agency about Bennett. However, no prior complaint against Bennett could be found on the commission's website.

Gregory Dresser, the director and chief counsel for the commission, said he could not comment on any matter outside of the charges laid out in the complaint.

Bennett's attorneys did not respond to an email asking if he faced prior discipline.

The commission document went on to detail several other alleged run-ins with attorneys, mainly deputy district attorneys or public defenders. For instance, in 2017 and 2018 Bennett allegedly told attorneys they were "papering" him with preemptory challenges and implying he knew their motivations. Other charges claimed he yelled at one in court, publicly called another "an idiot" and accused a third of taking "a chicken shit position."

Bennett is also charged with making numerous inappropriate sexual comments. For instance, in chambers with attorneys he allegedly discussed a dental hygienist he called a "smoking hot 10" and lamented he did not have "a 20-year-old smoking hot wife." In another instance, he reportedly claimed, "I have the biggest balls in the courthouse." The document also claims he often used profanity in front of attorneys.

The charges against Bennett all fall under sections of the first three canons of the California Code of Judicial Ethics. These cover upholding "the integrity and independence of the judiciary," avoiding "impropriety and the appearance of impropriety," and performing "the duties of judicial office impartially, competently, and diligently."

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Malcolm Maclachlan

Daily Journal Staff Writer
malcolm_maclachlan@dailyjournal.com

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