On Wednesday, December 18, 2024, News Channel 3-12 reported that Judge Michael J. Carrozzo of the Santa Barbara County Superior Court is facing formal proceedings initiated by the California Commission on Judicial Performance. The proceedings stem from allegations that the judge misused his position to provide legal assistance and favors to his judicial secretary, Sara Eklund, who was assigned to him from 2017 to 2020.
The Commission announced that it commenced formal proceedings on December 12, 2024, following a preliminary investigation. The charges against Judge Carrozzo could lead to consequences such as removal from the bench, censure, or public or private admonishment. He is required to submit a written response to the charges within 20 days of receiving the formal notice.
The Commission’s Notice of Formal Proceedings outlines six specific counts against Judge Carrozzo, alleging violations of California’s judicial ethics standards. The counts include engaging in unauthorized legal practice, providing false and misleading statements to the Commission, and misusing his judicial title for personal gain.
Count one alleges that Judge Carrozzo engaged in the unauthorized practice of law while serving as both Assistant Presiding Judge and Presiding Judge. The Commission claims he used his court email to draft legal correspondence for Eklund, including letters related to a traffic accident she was involved in. In one instance, he provided her with language for letters to insurance companies that suggested potential legal actions, which the Commission argues constitutes practicing law while serving as a judge.
In count two, the Commission claims that Judge Carrozzo provided false and misleading statements in response to inquiries regarding his ethical conduct. The judge characterized his actions as unintentional but later acknowledged that they could be perceived as advocacy, leading the Commission to conclude that his statements lacked candor.
Count three alleges that Judge Carrozzo misused his judicial title to benefit himself and Eklund. This includes sending employment verification letters on official court letterhead and using his title to obtain an unredacted copy of a collision report related to Eklund’s traffic accident, actions the Commission describes as an abuse of authority.
The fourth count addresses disparaging remarks made by Judge Carrozzo about other judges, court staff, and public defenders in email correspondences with Eklund. The Commission noted that such comments could undermine public confidence in the judicial system.
Count five details a pattern of using public resources, including court email and telephones, for personal and non-governmental purposes. The Commission stated that the communications between Judge Carrozzo and Eklund were not incidental and included overly casual exchanges that suggested a personal relationship.
Finally, count six claims that Judge Carrozzo displayed favoritism toward Eklund, offering her unique opportunities not extended to other court staff. The Commission noted that this behavior occurred during a period when the two were in a personal relationship, which raised concerns about potential conflicts of interest and court morale.
In response to the allegations, Heather L. Rosing, Judge Carrozzo’s attorney, issued a statement highlighting his service and dedication over his 20-year career. Rosing characterized Carrozzo as a judge of strong character and urged the Commission to consider the context of the proceedings, emphasizing that the focus is on his off-bench activities with Eklund, who is now his wife and the mother of their two children.
Source: News Channel 3-12
