Topline:
An L.A. County Superior Court judge has been removed from the bench in a rare move by California’s judicial watchdog.
Why it matters: Judge Robert Draper engaged in 17 instances of misconduct, according to the California Commission on Judicial Performance. Removing a judge is reserved for only very serious matters.
The background: Draper’s misconduct includes offensive comments on race and gender, sending unnecessary photos of his naked backside to colleagues and defying orders to not work on cases while on involuntary leave.
What’s next: Draper lost reelection in June. Gov. Gavin Newsom may appoint his successor sooner. The court could also fill his department.
Read on… to see what Draper said about the outcome.
In an extraordinary turn of events, the state’s judicial watchdog has removed Judge Robert Draper, 84, from the Los Angeles County Superior Court after 14 years of service. He faced several counts of misconduct prior to losing reelection earlier this year.
The California Commission on Judicial Performance concluded Tuesday in an 87-page decision that Draper engaged in 17 instances of behavior that made him no longer fit for office. He hasn’t heard a case since 2023 because of the issues.
“Judge Draper persistently violated the standards governing judicial behavior and engaged in extensive and severe misconduct,” the commission said in a statement, adding that it was “aggravated by his refusal to accept responsibility for his misconduct, and his lack of insight or remorse for his misconduct and its effect on others.”
Draper previously admitted to some of the claims and denied others in interviews with LAist earlier this year. In a statement this week, he called the decision “deeply disappointing.”
“Any individual put under such intense and meticulous scrutiny likely would find themselves in a similar situation, albeit with slightly different facts,” he said.
Draper said the investigation came at a time when he raised concerns within the judiciary, and that it was used “presumably for purposes of dismissing his dissent by discrediting him.”
He plans to pursue “other avenues” to change the system, according to the statement. Draper's attorney declined to share what those would be.
“It’s very rare for a judge to be removed from the bench,” said Laurie Levenson, a professor at Loyola Law School. “It’s the ultimate sanction against a judge.”
The commission has only removed 15 judges since it gained the authority to do so in 1995, according to its records, with the last for an L.A. County Superior Court judge happening in 2006.
The misconduct
The decision comes after a yearslong investigation and legal proceedings with independent evaluators. Prior to that, Draper had never been disciplined. According to the commission, his long list of misconduct includes:
- Making “offensive” and “insensitive” comments in court about race and gender.
- Sending “abusive” emails and unnecessary graphic pictures of his naked backside to colleagues.
- Acting with “deliberate defiance of his presiding judge’s orders” by continuing to access court systems and work on cases while on involuntary leave.
Some allegations the commission reviewed were dismissed for lack of evidence, including one that he inappropriately touched an attorney’s hair.
What happens next
While Draper lost reelection, his seat is now empty sooner than usual. Judge-elect Tal Khan Valbuena is on deck to replace him in January.
It’s possible Gov. Gavin Newsom may decide to appoint Khan Valbuena sooner. The court could also move another judge into his department.
