HOLD JUDGE ACCOUNTABLE FOR ABUSIVE ACT

San Diego-based U.S. District Judge Roger Benitez’s decision to try to send a criminal defendant’s 13-year-old daughter a “message” by having her handcuffed at her father’s hearing — to show her that if she’s “not careful,” she’ll “find” herself “right there where I put you a minute ago” — was an abusive act that raises profound questions about his judgment. The 9th U.S. Circuit Court of Appeals’ announcement Tuesday that it would review his conduct at the Feb. 13 hearing is appropriate.

Gov. Gavin Newsom — who has taken to the terrible Trumpian tactic of criticizing Benitez for rulings he opposes — tweeted, “Judge Benitez on full display. THIS is the man who is deciding the fate of CA’s assault weapons ban.” The fact that he is controversial in some political circles because of his rulings in favor of gun rights should be irrelevant, but if the official court transcript is correct, it’s hard to see what context could justify the judge’s behavior. Yes, it is important to note that Benitez deserves the chance to explain and defend his actions. But after hearing the defendant say he worried his daughter was dealing with the same bad influences he did, Benitez told a U.S. marshal, “Do me a favor. Put cuffs on her.” After she was escorted to the jury box, Benitez quizzed her on how the experience made her feel. “I didn’t like it,” the girl answered twice. Later in the hearing, after the handcuffs were removed, Benitez told the girl, “I hope the next time you’re tempted to use drugs, even weed, OK, even weed, you’ll remember what happened here today.”

Criticism came in waves after it was disclosed Monday by the Above the Law blog. Many people faulted the 19-year federal judge for using “scared straight” tactics that have a history of failure. But his actions may also violate the code of conduct for the federal judiciary, which bans “irresponsible or improper conduct by judges, including harassment and other inappropriate workplace behavior.” They may even be a federal crime: the act of an authority figure “under color of any law, statute, ordinance, regulation or custom, willfully [subjecting] any person ... to the deprivation of any rights, privileges or immunities secured or protected by the Constitution or laws of the United States.”

A 2020 Reuters investigation found state and local judges routinely evaded public accountability for misconduct and misdeeds over 12 years. Problems seem less pervasive at the federal level, but some reformers believe federal judges also don’t face enough accountability. It won’t just be reformers who follow Benitez’s case to see if that’s true.