On Tuesday, August 13, 2024, the Ninth Circuit Judicial Council’s order regarding misconduct allegations against Judge Roger T. Benitez was affirmed by the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States.

The case is entitled “In the Matter of Judge Roger T. Benitez,” with case number 24-01.

The Judicial Council had previously found that Judge Benitez engaged in misconduct during a February 2023 supervised release revocation hearing in his San Diego courtroom. At the hearing, Judge Benitez had ordered the handcuffing of a 13-year-old girl who was present in the courtroom to support her father, the defendant. In their investigation, a special committee appointed by the Chief Circuit Judge found that witnesses’ recollections of the incident matched the transcript. They reported that Judge Benitez asked the girl to approach and had a deputy marshal handcuff her before placing her in the jury box for a period of time estimated between a few seconds to four minutes. Judge Benitez then warned the crying girl about the dangers of drug use.

The special committee unanimously determined that Judge Benitez’s actions amounted to judicial misconduct. They emphasized that judges do not have the authority to shackle spectators who are not disruptive. The committee also noted this type of conduct could deter family from attending court proceedings. While Judge Benitez insisted he was trying to help the girl change her behavior, the committee disagreed, stating the public perception of hostility and egregiousness is what matters.

In their May 2024 order, the Ninth Circuit Judicial Council agreed with the special committee’s findings and conclusions. They publicly reprimanded Judge Benitez for his conduct towards the girl. Additional sanctions included confirming Judge Benitez’s previous decision upon taking senior status to not accept new criminal cases for three years.

As the identified complaint had no petitioner, the Judicial Council was required to forward their order to the national Committee on Judicial Conduct and Disability. After reviewing for any legal errors, factual mistakes, or abuse of discretion, the Committee affirmed the Ninth Circuit Judicial Council’s decision on all counts. In their memorandum, the Committee deferred to the lower body’s consideration of evidence presented in the special committee’s thorough investigation.

Looking forward, Judge Benitez will face the Judicial Council’s sanctions, including the public reprimand. By affirming the underlying order, Tuesday’s ruling ensures the misconduct findings against Judge Benitez will stand. It reaffirms that judges must respect all individuals present in the courtroom and not exceed their lawful authority.

Judge Benitez is a senior United States district judge of the United States District Court for the Southern District of California.

A copy of the original filing can be found here.