Misconduct investigation underway after federal judge in California has 13-year-old daughter of defe
Source: CNN
CNN 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 spectators gallery at her fathers 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 defendants teenaged daughter, who was attending one of her fathers hearings for the first time, according to a sentencing memorandum filed by the defendants 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 didnt 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. Benitez has not yet responded to CNNs request for comment.
Read more: https://www.cnn.com/2023/03/02/us/california-judicial-investigation-judge-handcuffed-teenager/index.html
Full headline: Misconduct investigation underway after federal judge in California has 13-year-old daughter of defendant handcuffed
Some info on that case - https://abovethelaw.com/2023/02/federal-judge-handcuffs-crying-13-year-old-girl-attending-fathers-hearing/
This was a Shrub appointee and also the architect of the overturning of California's assault weapons and associated items bans.
Ferrets are Cool
(21,102 posts)EmmaLee E
(169 posts)for child abuse and totally inappropriate courtroom bahaviour.
sir pball
(4,737 posts)Nothing extreme, just 48 hours or so, with regular feeding and watering, and not letting people hurl rotten produce at him. Nothing but white underwear though, I do want him to have to stand there visibly wallowing in his own filth for a bit. Maybe give him a laxative to make the show more entertaining
SheltieLover
(57,073 posts)BumRushDaShow
(128,382 posts)The federal District Court for the Southern District of California where he sits is 7 (D) (hopefully soon to be (8)) - 3 (R) appointments - https://ballotpedia.org/United_States_District_Court_for_the_Southern_District_of_California
SheltieLover
(57,073 posts)BumRushDaShow
(128,382 posts)SheltieLover
(57,073 posts)BumRushDaShow
(128,382 posts)SheltieLover
(57,073 posts)Baitball Blogger
(46,676 posts)bathrobe in his own home.
DENVERPOPS
(8,787 posts)Mini-Republican-Napoleon-Judges running around courtrooms all across our nation folks..........And, also, Local Police officers of the same identical ilk !!!!!!!!!!!!
Cheezoholic
(2,004 posts)as possible is so important. Fat Man and Moscow Mitch had 4 near record setting years, less the Carter administration, to completely stack the judicial system at the federal level. So much there may not be enough appointments left to completely catch them. But Biden can back them up against the wall and level the judicial field, especially if we can get a second term and retain the Senate. One of the most important of the Biden/Democratic agendas now and in 2024 IMO.
DENVERPOPS
(8,787 posts)starting by increasing the number of Supreme Court Justices before the current Hand Maiden and Drunk, along with the other Federalist leaning judges continue to do near irreversible damage..........
As long as he is at it, fire Wray, DeJoy and a few others in the Republican Party CABAL that have done the same kind of damages to our country to also prevent them from doing more...........
moreland01
(736 posts)My friend whose son overdosed wishes an authority figure would have scared her son straight, so he'd be alive today.
Yes, the judge may be in trouble for doing this. But in the long run, he may have saved this young lady's life.
niyad
(113,029 posts)some unknowable good MIGHT, MAYBE, come out of it at some future date? WTF??
jaxexpat
(6,795 posts)However. there is anecdotal evidence about kneejerk reactions to preprogramming for selective stimulus.
harumph
(1,890 posts)from any quarter. When you have a child making decisions that are threatening his or her life,
a time out isn't going to work. I don't know what works. Oh, yes, I actually do - inpatient care with
long term group therapy - but try obtaining said help when you don't have the $$.
Eyeball_Kid
(7,429 posts)is that the girl will grow to hate judges and the entire justice system and will NEVER call the police for ANY concern she may have. Humiliation isn't therapy. It's... humiliation.
harumph
(1,890 posts)but what many privileged posters don't understand is with some youth with behavioral issues - there is NO HELP
from the government THERE IS NO MONEY - THERE ARE NO PROGRAMS. You are on your own. Collectively, as
a nation, we have abandoned the youth and judges see this everyday. It will drive you to desperation. And if it
does drive you to try and correct things by albeit questionable actions as in this case, rest assured that the
peanut gallery on DU will want to disbar the guy, shoot the guy, pillory the guy - what-the-fuck-ever. Try raising
good kids when our society is so incredibly fucked up. So, I'll reserve judgement on this which yes, on the surface
seems an absolutely uncalled for action.
Prendy
(30 posts)This brings to mind the Carroll OConnor commercial from many years ago. OConnor had played Archie Bunker on TV and, later in his career, his adult son became hopelessly addicted to drugs. Apparently, OConnor followed the advice of addiction specialists in dealing with his son. However, his son never recovered and died as a result of the addiction. Later, apparently regretting that he had not done enough or that what he had done was not forceful enough, OConnor did a series of PSA commercials telling his story and imploring that parents get between your kids and drugs any way you can. I dont understand all of the history and concerns at issue among this judge, the man and woman, and their daughter, but when serious drug addiction is involved I tend to withhold judgment in favor getting the complete factual picture. While I thankfully have never confronted what OConnor went through, I like to think that I would follow his advice.
judesedit
(4,437 posts)If her father's been incarcerated, the mother may be a single parent that has to work to keep a roof over their heads and food in their mouths. Anyone that has not been in that position with an unruly teenager should not criticize. Have you ever watched "Scared Straight"? Kids are not the innocents from Ozzie & Harriet days. They are exposed to all kinds of crap from a very young age. You don't know what they'll be seeing on tik tok. The judge may have had a good reason to do what he did. He wanted to keep her out of his courtroom in the future. Only my opinion.
Ferrets are Cool
(21,102 posts)There was NOT justification for terrorizing this young person in this manner.
Jay25
(417 posts)Should be imprisoned for child abuse. Makes you wonder about the sentences of those whose cases have come before him.
Another parasite in human form, causing fear and harm because that's the only pleasure they can find in their empty soulless lives.
harumph
(1,890 posts)Because obviously, from this little message board where we sit - we know all we need to know
about the situation. Child abuse no less - on par with rape or beating the child for some posters here.
I'm sure from this one event, the girl will need years of therapy.
Jay25
(417 posts)I never compared nor had the thought cross my mind that his actions were on par with the rape or beating of a child, not sure where that is coming from. I'm 'not' sure whether "from this one event", if she will need years of therapy or not. I do not believe that her tears while in cuffs were tears of joy, and I will not trivialize this judge's actions against this child.
Fla Dem
(23,573 posts)Roger Benitez is a federal judge on senior status with the United States District Court for the Southern District of California. He joined the court in 2004 after being nominated by President George W. Bush. He assumed senior status on December 31, 2017.
https://ballotpedia.org/Roger_Benitez#:~:text=Roger%20Benitez%20is%20a%20federal,status%20on%20December%2031%2C%202017.
niyad
(113,029 posts)cayugafalls
(5,639 posts)When I got back home I was greeted by a cop standing at the door.
I approached as he was smiling and my mom was behind him.
I got close enough and the cop grabbed me, lifted me up to his face and began shaking me whilst berating me for causing my mom so much fear and concern. His angry yelling and shaking scared the living shit out of me.
When he put me down, I ran inside the house and hid under a bed for the next 12 hours and would not come out.
TO THIS DAY, IF I SEE AN "OFFICER" I HAVE TO STEEL MYSELF AND PUT DOWN THE FEAR.
FTP, ACAB, Judge should be handcuffed and made to sit in a pile of filth.
Edited to add: I was 7 years old at the time.
LiberalFighter
(50,767 posts)judesedit
(4,437 posts)This is reminding me of teachers not being able to discipline the kids who are disrupting the class by acting like little disrespectful assholes. Mommy and Daddy might come get the teacher fired if they dared say anything. God forbid if they pick the child up by his or her shirt collar and take them to the Principal's office. No wonder no one wants to be a teacher anymore. Might get shot by either the child or parent, too, the next day. Sorry state of affairs.
The judge may have actually done that caused he cared about the girl's future. After all the stuff he sees in his courtroom day in and day out, we should be thanking him for keeping another future juvenile delinquent off the street.
I know. I'm so mean.
irisblue
(32,917 posts)FredGarvin
(468 posts)She was yelling at the judge and refused to leave the courtroom.
Her felonious father aint no role-model, but...
Most likely she is into drugs and what comes with the SD gang scene.
At least her father and the judge seem to care about her future.
JMHO
crickets
(25,951 posts)I don't see that at either link.
crickets
(25,951 posts)There was no past misbehavior, no history of drug use, no hanging out with a bad crowd. She was attending the hearing with her aunt as emotional support for her dad. The judge is a whackadoo who cuffed and publicly put a 13 year-old girl through emotional trauma for no good reason.
All the talk above in this thread about, well it could have been this, or it could have been that... Read the links. It was a judge having a power trip with an "awfully cute young lady" just because he could.
FredGarvin
(468 posts)Who initiated the investigation/appeal? Her father's lawyer?
Her mother's lawyer?
Why was she yelling out in court?
What is the usual procedure for the people that are yelling out in court in California? I recon it happens all of the time.
Her father is a serving prison time for a felony and want's early release. He himself said that she is involved with drugs and gang related activities.
Someone needs to step up for this kid, otherwise she will be just another number.
BumRushDaShow
(128,382 posts)that I included in the comments.
(PDF) - https://abovethelaw.com/uploads/2023/02/037118927725.pdf
This judge was promptly removed from the case and it was taken over by another judge.
That law-related blog site has been referenced by all of the media that covered this story as they were the ones that FOI'd a copy of the sentencing memo (e.g., including the Reuters story below).
By Nate Raymond
March 1 (Reuters) - A federal judge in San Diego is facing a misconduct complaint after ordering a U.S. marshal during a court hearing to handcuff a 13-year-old girl to scare her into not doing drugs and to avoid winding up as a criminal defendant like her father.
The chief judge of the 9th U.S. Circuit Court of Appeals late Tuesday took the rare step of publicly disclosing that a review was underway concerning U.S. District Judge Roger Benitez's actions during the hearing, which made the girl cry.
The case is before the Judicial Council of the 9th Circuit. Misconduct complaints against judges before it are typically kept confidential. But after the blog Above the Law reported on the incident on Monday, Chief U.S. Circuit Judge Mary Murguia wrote that disclosing the matter was necessary to maintain public confidence in the judiciary's ability to redress misconduct.
(snip)
Lopez in her court filing called Benitez's conduct "psychologically damaging and harmful." Four days later, the father's case was reassigned to another judge, Robert Huie, who on Feb. 24 re-sentenced the defendant to time served at the urging of Lopez, who said custody was no longer warranted "given the distressing events that occurred."
https://www.reuters.com/legal/legalindustry/california-federal-judge-faces-review-handcuffing-13-year-old-2023-03-01/
Cheezoholic
(2,004 posts)If she was disrupting the proceeding have her removed, period. This is the real world not some Wapner fantasy show. Some of it sounds like reverse ageism to me.
Ferrets are Cool
(21,102 posts)LudwigPastorius
(9,095 posts)Fuck this freak.
He should be impeached, but the House GOPers will never punish one of "their" judges.
More_Cowbell
(2,190 posts)I wouldn't have made it through this thread without it.
This judge is a lunatic and should be sanctioned.