2 Bar Court judges recuse themselves from Girardi case

Following two recusals, a third judge is now taking on the case against plaintiffs' lawyer Thomas V. Girardi in the State Bar Court, in another example of Girardi's vast influence in the legal community, some lawyers say.

Judges Cynthia Valenzuela and Phong Wang recused themselves earlier this month, citing court rules that a State Bar Court judge should be disqualified from a case if the judge believes their recusal would further the interests of justice.

No other reason was given for why the judges recused themselves. The bar also declined to comment.

A third judge, Yvette D. Roland, was assigned on Monday, according to court filings.

The judges' recusal is a display of Girardi's vast connections across California's legal community, said Carl I.S. Mueller of the Maloney Firm APC, who also clarified that he does not have personal knowledge of Girardi's relationship with the two judges.

"He personally knows a lot of judges," Mueller said. "So I think it's appropriate that judges make sure that we have absolute propriety here in adjudicating this case. And if anyone has a tenable connection to Mr. Girardi, they're within their rights to recuse."

When asked if it is unusual for two judges to recuse themselves, Mueller replied, "For a case against Tom Girardi? No. For a case against almost every other lawyer on the planet? Yes."

Carol M. Langford, adjunct professor at the University of San Francisco School of Law, said there could be several reasons behind the judges' recusal.

"I have rarely to never seen a judge recuse themselves in the State Bar," Langford said. "I am sure it has happened, but it has got to be rare. I have no idea why these judges did so. It seems to me that this man should have been disciplined long ago."

A lawyer for Girardi declined to comment.

But Mark L. Tuft, partner at Cooper, White & Cooper LLP, said the situation is not uncommon, and he cautioned against reading too much into why the judges walked away from the case.

"There could be a variety of reasons," Tuft said. "I wouldn't read into it that for some reason it would suggest that the bar court system is not independent and capable of handling this case."

The bar filed 14 disciplinary charges against Girardi late last month, accusing him of stealing millions of dollars from client funds. The bar also placed a consumer warning on Girardi's online attorney profile. Among the charges are accusations Girardi lied to and stole money from clients between 2018 and 2020 in three personal injury matters.

The bar's actions come after several revelations into Girardi's alleged misconduct, which have shocked the legal community.

Girardi and his law firm, Girardi Keese, were forced by creditors into bankruptcy. Girardi's brother is acting as a temporary conservator. A psychiatrist recently stated that Girardi suffers from Alzheimer's disease, which the bar and a former law firm partner, Edelson PC, have disputed.

While Girardi is battling in the bar and bankruptcy courts, former Girardi Keese lawyers have been dragged into lawsuits in Illinois, filed by Edelson PC, accusing Keith D. Griffin and Girardi's son-in-law David R. Lira of withholding funds from ex-clients in a plane crash wrongful death case. Edelson PC v. Girardi et al., 20-CV07115 (N.D. Ill., filed Dec. 2, 2020).

Both lawyers recently scored important victories in Illinois. Earlier this month, U.S. District Judge Matthew F. Kennelly of Chicago denied a motion to take Griffin's deposition. On Sunday, Kennelly also denied the motion against Lira, citing a lack of personal jurisdiction and Lira's role in the Girardi Keese bankruptcy case.

Back in California, the bar court has ordered all parties in the Girardi case to participate in a status conference on May 10.