Lawyer for justice involved with Girardi attacks his wife for post

A state appellate justice has gone on the offensive after being accused by embattled plaintiffs' attorney Thomas V. Girardi's celebrity wife of having an affair with him in a social media post that quickly spread to tabloids around the world.

2nd District Court of Appeal Justice Tricia A. Bigelow, in a statement by her attorney to the Los Angeles Times, acknowledged she had a past "dating relationship" with the lawyer and attacked his wife, Erika Jayne, for the post.

The Instagram post, since deleted, shows provocative messages between Girardi and Bigelow and a photo of her, clothed, on a bed.

Jayne, also known as Erika Girardi, identified the justice by name and said Bigelow had a sexual relationship with the now embattled lawyer, adding that ... "he was paying her Saks bill and paying for her plastic surgery."

Bigelow could not be reached for comment Wednesday, and her attorney -- Alan J. Jackson, a partner with Werksman Jackson & Quinn LLP in Los Angeles -- also did not return phone calls and a message from the Daily Journal.

But in a statement to the Times, Jackson said Jayne's "actions in maliciously doxxing the justice were nothing short of criminal." He told the Times that Bigelow received nasty text messages and calls after her number showed up in the entertainer's post.

"We are considering our options to protect Justice Bigelow from further harassment," Jackson told the Times.

Jackson also said Bigelow recused herself from cases involving Girardi and attorneys from his firm, Girardi Keese.

"At no time has Justice Bigelow violated any canon of judicial ethics," Jackson told the Times. "Indeed, she takes great pride in her decades-long record of integrity, impartiality and independence on the bench."

Laurie L. Levenson, a professor at Loyola Law School and expert on legal ethics, said Bigelow -- a former Los Angeles County Superior Court judge who is presiding justice of the 2nd District's Division 8 -- is on safe ground if her account is accurate.

"If Justice Bigelow was recusing herself from Girardi's motions and those of his firm, there doesn't seem to be a violation of the ethical code," Levenson said.

"There is a lot at stake," Levenson said. "I think she very much values her reputation. The best defense is often a good offense."

But it's not clear if Bigelow or her attorney plan to do much more than release a statement.

Attorneys say Jayne, one of the stars of the Bravo television series "Real Housewives of Beverly Hills," has already done lasting damage to the justice's reputation.

"She has tarnished [Bigelow's] reputation for life," said Benicia attorney Carol Langford, who has co-authored a book on legal ethics. "She's not going to have the same respect -- ever."

Langford said sexism is to blame, adding that women who have affairs "don't have the same leeway" as men.

"If it was a man, no one would care," she claimed.

Bigelow's term on the appeal court runs to 2031.

"The best thing [for Bigelow] to do is say it happened a long time ago and it was nothing," Langford said.

It is not clear why Jayne posted the collection of texts about Bigelow in the first place, although she filed for divorce last month and since accused Girardi of having multiple affairs.

Attorneys with Edelson PC, in a fraud complaint against Girardi, claimed the divorce is a sham to protect assets from Girardis' 21-year marriage and asked an Illinois federal judge to block Jayne from selling clothing online that she acquired during the marriage.

"His assets are frozen right now," U.S. District Judge Thomas M. Durkin of the Northern District of Illinois told Jayne's attorney, Matthew C. Wasserman of Dinsmore & Shohl LLP, during a Tuesday hearing. "You need to convey that to your client."

Wasserman said he would do so but questioned whether the court had any jurisdiction over her. In re: Lion Air Flight JT 601 Crash, 18-CV07686 (N.D. Ill., filed Nov. 19, 2018).

Durkin withdrew a motion to hold Jayne in contempt.

The Lion Air case involves allegations Girardi, who rose to fame and fortune as a successful plaintiffs' attorney, failed to pay settlement money set aside for families of victims of a Boeing plane crash in Indonesia.

Girardi also faces a host of other lawsuits from a variety of plaintiffs, including his longtime partner, Robert M. Keese.

An involuntary bankruptcy petition against Girardi and his firm was filed last Friday in Los Angeles by Keese and others.

The case has been assigned to U.S. Bankruptcy Judge Barry Russell. In re: Thomas Vincent Girardi, 20-BK21020 (C.D. Cal Bankruptcy Ct, filed Dec. 18, 2020); In re: Girardi Keese, 20-BK12022 (C.D. Cal Bankruptcy Ct, filed Dec. 18, 2020).

Girardi's firm website is down, his assets are frozen, and his attorneys told Durkin during Tuesday's hearing they questioned his mental competency.