13 year old was in court to support father, judge had her handcuffed, now under investigation

[BlueWaveNeverEnd]

Misconduct investigation underway after federal judge in California has 13-year-old daughter of defendant handcuffed

The 9th US Circuit Court of Appeals is investigating a misconduct allegation against a federal judge who called a 13-year-old girl out of the spectator’s gallery at her father’s supervised release revocation hearing and had her handcuffed and placed in the jury box, according to court documents.

US District Court Judge Roger Benitez paused a February 13 hearing in San Diego to call up the defendant’s teenaged daughter, who was attending one of her father’s hearings for the first time, according to a sentencing memorandum filed by the defendant’s attorneys, which cited a transcript of the proceedings.

Before the incident, the defendant told the judge he planned to leave the area once released and expressed concern over his daughter hanging out with the wrong people.

Minutes later, Benitez ordered a marshal to handcuff the girl, who had been crying, and told her to sit in the jury box, according to the memorandum, which was filed February 23. She continued to sob, the document says.

There was a long pause, according to the document, and Benitez then had a marshal take the handcuffs off the girl. But before allowing her to return to her seat, he scolded the girl, called her “an awfully cute young lady” and warned that if she didn’t stay away from drugs she would wind back up in handcuffs, court documents say.

“I think the intent was to embarrass or humiliate her,” said Michele McKenzie, an attorney representing the girl and her mother. “I think that was the very clear message sent to her by someone with tremendous amount of power.”

https://www.cnn.com/2023/03/02/us/california-judicial-investigation-judge-handcuffed-teenager/index.html

Opinion: Don’t let Judge Roger Benitez get away with handcuffing a defendant’s daughter in court

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 U.S. 9th 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.”

https://www.sandiegouniontribune.com/opinion/editorials/story/2023-03-02/opinion-dont-let-judge-roger-benitez-get-away-with-handcuffing-a-defendants-daughter-in-court

[Thomas Hurt]

1. Judge undone by impulsive "scared straight" "tough love" theater. (smh)