A Los Angeles Superior Court docket decide recognized to make inappropriate remarks, together with threatening to shoot individuals in his courtroom and suggesting one girl would increase a “meth child,” has been publicly admonished by a state watchdog panel for judges.
The Fee on Judicial Efficiency, the state company accountable for probing complaints of judicial misconduct and incapacity in addition to disciplining judges, issued its findings in August. A public admonishment is often issued for severe misconduct.
The fee discovered that whereas presiding over prison issues on the Clara Shortridge Foltz Felony Justice Middle in downtown Los Angeles, Superior Court docket Decide Enrique Monguia made public remarks threatening to “shoot” individuals or have individuals “shot” by his bailiff, together with attorneys and a retired decide.
The panel mentioned he additionally engaged in a sample of improper remarks that “have been discourteous and gave the looks of bias to a criminal offense sufferer, potential jurors, defendants, attorneys and others.”
Every of Monguia’s remarks “constituted an abuse of authority” and violated the judicial guidelines of conduct, in line with the fee’s assertion on the findings.
Monguia couldn’t instantly be reached for remark. Nevertheless, the panel mentioned he didn’t contest the issuance of the general public admonishment.
Monguia served as a public defender from 1986 to 2014, when then-Gov. Jerry Brown appointed him to the Superior Court docket. His present time period started in January 2023.
Among the many examples of Monguia’s misconduct reviewed by the panel included a November 2022 preliminary listening to of a person accused of assaulting a safety guard. The person’s legal professional offered surveillance footage of the assault to indicate his shopper was in actual fact defending himself, and later requested that the costs be diminished to a misdemeanor.
“Whereas asserting his ruling holding the defendant to reply, Decide Monguia expressed his opinion that the video didn’t present self-defense,” the panel wrote. “He acknowledged, ‘If it have been me, I might have shot him [the defendant], however that’s me.’”
In September 2023, Monguia threatened two attorneys who have been discussing a case too loudly in his court docket that in the event that they didn’t decrease their voices, “he would authorize his bailiff to make use of bodily power, not for the bailiff to shoot counsel, however so Decide Monguia might shoot counsel himself.”
The next month, retired Los Angeles Superior Court docket Decide Stephen Marcus, who was presiding in one other courtroom however not sporting a judicial gown, entered Monguia’s courtroom and requested to make use of the non-public entrance reserved for court docket workers, however was denied.
“From the bench, Decide Monguia acknowledged that Decide Marcus was fortunate the bailiff was not there, in any other case he would have ordered her to ‘shoot’ Decide Marcus or phrases to that impact.”
The fee mentioned Monguia’s taking pictures remarks “fostered an environment of intimidation within the courtroom and, even when made in jest, have been undignified and discourteous.”
The panel mentioned Monguia additionally engaged in a sample of constructing improper remarks to attorneys, defendants, potential jurors and crime victims.
In a single case, he instructed a defendant who was chubby and having bother paying fines that he didn’t seem like ravenous. Monguia did acknowledge his remark was “demeaning and unsuitable.”
In one other case, he instructed a prosecutor {that a} pregnant girl with previous prison drug prices in his courtroom was going to have a “meth child” who can be “supported by [his] taxes.”
The panel mentioned Monguia additionally made improper remarks to potential jurors together with one girl whom he known as a “scorching mess” after she disclosed her son’s prison historical past throughout jury choice in September 2022.
The remarks additionally prolonged to victims of crime, the panel discovered, together with a lady who in March 2023 sought to change a no-contact restraining order to permit peaceable contact in order that she may very well be current for visits between her son and his father.
Monguia’s remarks that day implied that the lady was placing herself in a harmful state of affairs and making a burden for her neighborhood — together with law enforcement officials who could have to answer assist her, in line with the assertion.
The panel mentioned Monguia abused his authority in some instances — together with in September 2023, when a lady voluntarily confirmed up for a bench warrant together with her little one. The girl’s legal professional was not current in court docket, prompting Meredith Gallen, a deputy public defender, to request that she step in and signify the lady.
However Monguia as an alternative ordered that the lady be taken into custody, prompting Gallen to object as there was nobody to take the lady’s little one. The panel offered parts of the dialog between Monguia and Gallen, who objected to the court docket’s place on the matter.
“…I want a second name to talk to my administration as a result of by no means as soon as in my profession have I had a baby ripped away from his mom’s arm in court docket,” Gallen mentioned, in line with the transcript.
“The Court docket: Effectively , you haven’t been within the workplace very lengthy then, counsel. I’ve been right here for 30 years…”
The girl was taken into custody however later launched and reunited together with her little one, however not with out intervention from the general public defender’s workplace.
The fee discovered that Monguia “failed in various methods, to deal with the defendant and attorneys in a well mannered way and respect throughout this listening to.”
Monguia, in line with the panel’s assertion, acknowledged wrongdoing in that case and that his conduct in different instances was improper.
“Decide Monguia expressed remorse and regret for his actions, and mentioned that he had taken steps to deal with unconscious bias and different issues that contributed to his misconduct.”
