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BumRushDaShow

(128,382 posts)
Thu Mar 2, 2023, 10:00 AM Mar 2023

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 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.” Benitez has not yet responded to CNN’s 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.

41 replies = new reply since forum marked as read
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Misconduct investigation underway after federal judge in California has 13-year-old daughter of defe (Original Post) BumRushDaShow Mar 2023 OP
JFC, there needs to be repercussions for this BS. Ferrets are Cool Mar 2023 #1
Please remove him EmmaLee E Mar 2023 #34
I think it's time to bring the pillory back sir pball Mar 2023 #2
Wth? SheltieLover Mar 2023 #3
This guy operates in his own little RW twisted world BumRushDaShow Mar 2023 #4
Weirdo! SheltieLover Mar 2023 #6
... BumRushDaShow Mar 2023 #7
I thought you'd get a chuckle... SheltieLover Mar 2023 #8
... BumRushDaShow Mar 2023 #13
... SheltieLover Mar 2023 #30
Dumb person who should never have worn the robe, unless it's a Baitball Blogger Mar 2023 #5
There are thousands of these little DENVERPOPS Mar 2023 #24
Yep! Thats why Biden cranking out as many federal judges Cheezoholic Mar 2023 #32
How about DENVERPOPS Mar 2023 #35
Kids don't always understand consequences of their actions. moreland01 Mar 2023 #9
You think terrorizing and humiliating and abusing a child is okay because niyad Mar 2023 #12
You never know how others perceive the world. jaxexpat Mar 2023 #17
I think that some parents are pushed to distraction by the lack of assistance harumph Mar 2023 #18
The far more likely outcome... Eyeball_Kid Mar 2023 #39
I agree. It's easy to say this or that is inappropriate harumph Mar 2023 #15
We do not have all the answers Prendy Mar 2023 #25
I tend to agree with you. Might make her think twice about breaking the law with her buddies judesedit Mar 2023 #20
You know neither of these things to be fact. They are both suppositions. Ferrets are Cool Mar 2023 #37
Good, I hope he is removed. Jay25 Mar 2023 #10
Oh yes, let's IMPRISON a judge for a bad lack of judgement. harumph Mar 2023 #16
Are you insinuating that she possibly did something to deserve being placed in cuffs? Jay25 Mar 2023 #36
George W Bush appointee. Fla Dem Mar 2023 #11
May all involved receive everything they deserve. niyad Mar 2023 #14
As a young kid, me and my friend decided one day to walk to the mall. cayugafalls Mar 2023 #19
Looks like he is on senior status. Or is it senile status? LiberalFighter Mar 2023 #21
We were not there. Everything is sensationalized anymore. judesedit Mar 2023 #22
So this Judges' version of a Scared Straight moment? irisblue Mar 2023 #23
Most likely FredGarvin Mar 2023 #27
What yelling? Where was that mentioned? crickets Mar 2023 #29
Yes, but it was done to a girl who hadn't done anything wrong. crickets Mar 2023 #28
The CNN article is missing info FredGarvin Mar 2023 #26
Here is the sentencing memo from the public defender that was linked at the site BumRushDaShow Mar 2023 #31
The number of posts defending this judges behavior here is disturbing... Cheezoholic Mar 2023 #33
This Ferrets are Cool Mar 2023 #38
What the shit? LudwigPastorius Mar 2023 #40
Thank goodness for the "ignore" button More_Cowbell Mar 2023 #41

sir pball

(4,737 posts)
2. I think it's time to bring the pillory back
Thu Mar 2, 2023, 10:15 AM
Mar 2023

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

BumRushDaShow

(128,382 posts)
4. This guy operates in his own little RW twisted world
Thu Mar 2, 2023, 10:48 AM
Mar 2023


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

DENVERPOPS

(8,787 posts)
24. There are thousands of these little
Thu Mar 2, 2023, 12:53 PM
Mar 2023

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)
32. Yep! Thats why Biden cranking out as many federal judges
Thu Mar 2, 2023, 03:06 PM
Mar 2023

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)
35. How about
Thu Mar 2, 2023, 04:41 PM
Mar 2023

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)
9. Kids don't always understand consequences of their actions.
Thu Mar 2, 2023, 11:07 AM
Mar 2023

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)
12. You think terrorizing and humiliating and abusing a child is okay because
Thu Mar 2, 2023, 11:33 AM
Mar 2023

some unknowable good MIGHT, MAYBE, come out of it at some future date? WTF??

jaxexpat

(6,795 posts)
17. You never know how others perceive the world.
Thu Mar 2, 2023, 11:45 AM
Mar 2023

However. there is anecdotal evidence about kneejerk reactions to preprogramming for selective stimulus.

harumph

(1,890 posts)
18. I think that some parents are pushed to distraction by the lack of assistance
Thu Mar 2, 2023, 11:49 AM
Mar 2023

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)
39. The far more likely outcome...
Thu Mar 2, 2023, 08:32 PM
Mar 2023

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)
15. I agree. It's easy to say this or that is inappropriate
Thu Mar 2, 2023, 11:37 AM
Mar 2023

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)
25. We do not have all the answers
Thu Mar 2, 2023, 01:00 PM
Mar 2023

This brings to mind the Carroll O’Connor commercial from many years ago. O’Connor had played Archie Bunker on TV and, later in his career, his adult son became hopelessly addicted to drugs. Apparently, O’Connor 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, O’Connor did a series of PSA commercials telling his story and imploring that parents “get between your kids and drugs any way you can.” I don’t 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 O’Connor went through, I like to think that I would follow his advice.

judesedit

(4,437 posts)
20. I tend to agree with you. Might make her think twice about breaking the law with her buddies
Thu Mar 2, 2023, 12:21 PM
Mar 2023

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)
37. You know neither of these things to be fact. They are both suppositions.
Thu Mar 2, 2023, 05:29 PM
Mar 2023

There was NOT justification for terrorizing this young person in this manner.

Jay25

(417 posts)
10. Good, I hope he is removed.
Thu Mar 2, 2023, 11:20 AM
Mar 2023

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)
16. Oh yes, let's IMPRISON a judge for a bad lack of judgement.
Thu Mar 2, 2023, 11:42 AM
Mar 2023

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)
36. Are you insinuating that she possibly did something to deserve being placed in cuffs?
Thu Mar 2, 2023, 05:21 PM
Mar 2023

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)
11. George W Bush appointee.
Thu Mar 2, 2023, 11:24 AM
Mar 2023
U.S. District Court Judge Roger Benitez
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.

cayugafalls

(5,639 posts)
19. As a young kid, me and my friend decided one day to walk to the mall.
Thu Mar 2, 2023, 12:00 PM
Mar 2023

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.

judesedit

(4,437 posts)
22. We were not there. Everything is sensationalized anymore.
Thu Mar 2, 2023, 12:42 PM
Mar 2023

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.

FredGarvin

(468 posts)
27. Most likely
Thu Mar 2, 2023, 02:07 PM
Mar 2023

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)
28. Yes, but it was done to a girl who hadn't done anything wrong.
Thu Mar 2, 2023, 02:15 PM
Mar 2023

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)
26. The CNN article is missing info
Thu Mar 2, 2023, 02:03 PM
Mar 2023

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)
31. Here is the sentencing memo from the public defender that was linked at the site
Thu Mar 2, 2023, 02:33 PM
Mar 2023

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).

California federal judge faces review for handcuffing of 13-year-old


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)
33. The number of posts defending this judges behavior here is disturbing...
Thu Mar 2, 2023, 03:23 PM
Mar 2023

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.

LudwigPastorius

(9,095 posts)
40. What the shit?
Thu Mar 2, 2023, 10:42 PM
Mar 2023

Fuck this freak.

He should be impeached, but the House GOPers will never punish one of "their" judges.

More_Cowbell

(2,190 posts)
41. Thank goodness for the "ignore" button
Fri Mar 3, 2023, 12:38 AM
Mar 2023

I wouldn't have made it through this thread without it.

This judge is a lunatic and should be sanctioned.

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