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News

Ethics/Professional Responsibility,
Judges and Judiciary

Mar. 26, 2020

Ventura judge stipulates to public censure for remarks

“Most of Judge Bennett’s misconduct involved comments and remarks that are offensive, undignified, discourteous, dishonest, sexist and profane, and that created the appearance of bias and retaliation,” said a press release sent by Gregory Dresser, director and chief counsel with the agency.

The Commission on Judicial Performance has censured Ventura County Superior Court Judge Jeffrey G. Bennett, the agency announced Wednesday. The judge stipulated to the censure, avoiding a disciplinary hearing.

"Most of Judge Bennett's misconduct involved comments and remarks that are offensive, undignified, discourteous, dishonest, sexist and profane, and that created the appearance of bias and retaliation," according to a news release sent by Gregory Dresser, director and chief counsel with the agency.

The statement identified "five acts of prejudicial misconduct and one act of improper action, comprised of 28 different acts of misconduct that violated the Code of Judicial Ethics." It went on to note "public censure ... is the strongest sanction that may be imposed on a judge short of removal from the bench."

In a emailed statement, Bennett's attorney, Daniel S. Agle, general counsel and shareholder with Klinedinst PC in San Diego, praised his client's "distinguished career as a deputy sheriff, police officer, chief investigator, chief deputy district attorney, and judge of the superior court."

"Judge Bennett has accepted this censure, taken full responsibility for his conduct, and is committed to improving as a judicial officer," the statement continued. "He has always acted in the best interest of the Ventura County Superior Court and is looking forward to continuing to serve the public and the administration of justice. He is very grateful for the outpouring of support that he has received from colleagues and members of the community."

The commission filed a notice of formal proceedings against Bennett on March 2. Bennett's defense team had been preparing a reply due on March 16, with a hearing to follow.

Instead, Bennett stipulated to public censure through counsel Heather S. Rosing, also a Klinedinst shareholder. The commission approved the stipulation on March 18. The censure also noted, "Judge Bennett waives any further proceedings and review in this matter, including formal proceedings ... and review by the Supreme Court."

In a March 4 statement from Klinedinst, Bennett expressed remorse and suggested he was caught off guard by the allegation.

"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," said the statement.

The censure document detailed the allegations against Bennett. For instance, Count 1 involves a 2015 incident in which Bennett asked an African-American defendant to "stop shucking and jiving." He allegedly referred to another defendant as a "meth head."

Most of the counts, however, had to do with sexist comments and prejudicial behavior. For instance, the second count concerned a 2016 meeting in his chambers in which Bennett refused to shake an attorney's hand then accused him of filing an earlier commission complaint against the judge, which cost $10,000 to defend. Bennett allegedly told the attorney, "Do you know how much trouble you've caused me?" The censure goes on to note the attorney in question played no role in that complaint.

Among numerous alleged improper sexual comments were: Bennett's workplace joking about installing a telescope on his roof to spy on women, telling a female attorney she was acting "like a scared little girl," and lamenting he didn't have a "20-year-old smoking hot blond wife." Bennett also allegedly routinely used profanity in court and responded angrily to perceived challenges to his authority.

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Malcolm Maclachlan

Daily Journal Staff Writer
malcolm_maclachlan@dailyjournal.com

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