LA appellate justice accused of sexual misconduct denies groping fellow jurist

A Los Angeles appellate justice accused of sexual misconduct spanning 20 years accepted responsibility Tuesday for some of his actions, but denied the more serious allegation of squeezing the breasts of another jurist.

Second District Court of Appeal Justice Jeffrey W. Johnson, in a formal answer to the nine-count civil complaint filed this month by the state Commission on Judicial Performance, said he would take responsibility for his mistakes, but not for allegations he dubbed untrue.

“None of the allegations here involve a judicial act, conduct involving a case or person before the court, or an allegation that Justice Johnson has failed to perform, or was unable to perform, his judicial duties,” the document said. “In short, all allegations relate to private, non-public social comments and gestures.”

If the charges are upheld, Johnson — a 58-year-old former federal magistrate appointed to the state appellate court in 2009 by former Gov. Arnold Schwarzenegger — could be removed, censured or otherwise disciplined.

In one case, the complaint said, he and a female justice were discussing a difficult hearing over which she had presided. Although the complaint identifies the justice, the Southern California News Group does not name sexual assault victims.

“You told Justice (name withheld), ‘Well, I should kiss and squeeze your (breasts) to make you feel better,’ or words to that effect. You then squeezed one of her breasts,” the complaint charged.

The complaint adds that Johnson repeatedly hugged the female justice over the next few years and put his hand on her breasts at times. He later told the justice that his actions could not be considered sexual harassment because they were judicial equals, the complaint said.

The document includes complaints from Johnson’s female California Highway Patrol bodyguards, attorneys at the Second District appellate court and other legal workers to whom he allegedly made sexual comments, often while inebriated and sometimes while discussing his marriage.

Johnson, in the answer filed by Orange County attorney Paul Meyer, denied assaulting the female justice and harassing one of the CHP officers. However, he said in the document that the other allegations — inappropriate social comments and interactions — even if true, did not violate judicial rules.

Johnson noted that purported witnesses to the charges by the female justice failed to corroborate her statements. Additionally, she continued to make endearing statements to him as late as 2018, discrediting her claims.

As far as the CHP officer, Johnson was too busy at the time dealing with a threat of violence to his family to be making sexual advances to his bodyguard, the document said.

Johnson’s attorney went on to discredit the other charges, saying, “The bulk of the additional, less serious allegations appear to have been included for the sole purpose of bolstering the untrue and therefore unprovable claims” of the justice and the CHP officer.

In Johnson’s response, he said “customary communications and pleasantries in which many judicial officers have engaged and undoubtedly still engage have been recast in hindsight into something sinister.”

A hearing into the allegations will be conducted by special masters appointed by the California Supreme Court. Commission staff attorney Emma Bradford will serve as examiner for the commission. At the conclusion of the hearing, the special masters will submit a report to the commission, which will then decide whether to discipline Johnson. That decision could be subject to review by the Supreme Court.