Misconduct: Panel sustains findings against Contra Costa County judge

Contra Costa County Superior Court Judge John Laettner engaged in misconduct on numerous occasions over the past decade, making inappropriate comments to women and increasing a defendant’s bail without a hearing, a three-judge panel said in a report released Friday.

The panel was appointed by the Commission on Judicial Performance, an independent state agency that formally filed nine charges against Laettner in September, accusing him of “willful misconduct” and other ethics violations. Among the accusations were that he told a public defender her parents didn’t “spank” her enough as a child and that he abused his authority by offering defendants a “25 percent off” sentence if they pleaded guilty.

Three California judges — Justice M. Kathleen Butz of the Third District Court of Appeal and Superior Court Judges Douglas Hatchimonji of Orange County and Russell Hom of Sacramento County — were appointed to the panel. They considered the testimony of 60 witnesses and hundreds of pages of evidence.

The panel at least partially upheld six of the nine counts, and found that Laettner committed willful misconduct — the highest violation — on three involving release from jail or and attempting to influence attorneys not to file challenges against him. Laettner was found to have committed prejudicial misconduct, a lesser violation, for many of the statements toward or about women’s appearances.

The three judges did not find “clear and convincing evidence” of wrongdoing for three of the counts, including allegations of offering defendants an abridged sentence if they pleaded out.

“Judge Laettner failed to remain continually conscious, as all judges must be, of his position and crossed the boundary between permissible and impermissible conduct,” the panel wrote.

Their findings will be forwarded to the Commission on Judicial Performance, which will decide what, if any, punishment will be meted out. Discipline could range from private or public admonishment, an order of counseling or training, or removal from the bench.

Rebecca Brackman, deputy public defender with the Contra Costa Public Defenders Association, said the findings are an “overwhelming rebuke of Judge Laettner’s actions.”

“This sends a clear signal that judges need to uphold our community values of fairness, equity, and basic dignity and respect, regardless of gender, race, and background,” she continued in a statement.

Laettner’s attorneys did not respond to requests for comment Friday. Laettner has admitted to some inappropriate remarks and denied others.

Gov. Arnold Schwarzenegger appointed Laettner in 2006 after he served more than 20 years as a prosecutor in Tulare County and with the U.S. attorney’s office in Oakland.

In closing arguments before the panel in April, Laettner’s attorney, James Murphy, acknowledged that his client did “some things that are wrong,” but said none rose to the level of willful misconduct.

Laettner’s attorneys said the charges against the judge were the result of a smear campaign, orchestrated by public defenders who disagreed with his bail decisions.

“It is clear that we got here because the public defender’s office from Contra Costa County was out to get Judge Laettner,” Murphy said at the April 26 hearing. Their testimony, he said, “should be viewed with a certain degree of suspicion.”