The Brief

California’s primary election is Tuesday — and one race poses a challenging question to voters: Should a judge who’s accused of ethics violations by the state watchdog of judges get re-elected?

That’s the situation for Judge Robert Draper, who’s running to keep his seat in the Los Angeles County Superior Court. With about 15 years on the bench, Draper, 84, told LAist he hasn’t had disciplinary issues until now.

The California Commission on Judicial Performance, the state body that oversees judicial complaints, conducted an investigation into complaints and charged Draper with misconduct in office. The commission’s members, who are also the final decision-makers here, won’t make a determination on whether to discipline him until after the primary.

Here’s what you should know about what’s at stake and what could happen next.

A quick primer

Draper was appointed by former Gov. Jerry Brown in 2012. Superior Court judges have to run for reelection after they’ve been appointed. Draper is running for a third full term and is on the ballot for all L.A. County voters under Office No. 2, facing a challenge from Tal Valbuena, a deputy district attorney.

The commission has charged him with seven counts of violating judicial ethics. (The proceedings against him aren’t civil or criminal, but the commission uses similar terminology.) The commission is an 11-member group of judges, lawyers and others who are appointed by the governor, the Legislature and the California Supreme Court.

Draper is currently assigned to “chambers work only.” He and his attorney told LAist Draper's court-issued email account is restricted and his room does not have a computer or staff. He hasn’t heard a case since he returned in June 2023 from an involuntary leave that, according to commission records, was tied to the alleged ethics violations.

Among the allegations Draper is facing:

• Sending nude photos from a confidential child abuse case to colleagues via a court email address, according to commission records.
• Making irrelevant comments about race, including using the term “coal black,” during a case, and calling women in the courthouse “attractive” and “cute,” according to commission records.

A panel of independent “special masters” oversaw a six-day hearing earlier this month on the charges. The special masters are expected to issue a report on their findings within the next several weeks — but a decision on possible disciplinary action still rests with the commission.

According to the commission’s charge document, the allegations against Draper center on willful misconduct in office, failure to perform his duties and actions that affect the judicial office’s reputation. Draper has denied some of the claims and, in an interview with LAist, gave reasons for others.

The commission initially claimed that his behavior was evidence of an unnamed disability that interferes with his duties (which could get judges removed from the bench, if proven), but LAist confirmed that claim has been withdrawn.

Draper told LAist he is navigating health issues. Over the last few years, he’s been prescribed medication that made his Parkinson’s disease worse, he said, and had a detached retina and a rotator cuff injury. He added that he’s also coping with grief — his son died this year shortly before the hearing.

The seven counts Draper faces from the judicial ethics commission cover accusations dated 2022 and 2023. We’ll explore the main ones.

Comments on race

According to records from the judicial performance commission, Draper admitted to making statements that have been called “irrelevant” and “inappropriate” by other judges who reviewed his decisions on a 2023 case.

In February that year, the defense in a sexual harassment case Draper presided over was seeking a new trial. A jury had reached a verdict earlier, putting them on the hook for $10 million.

During a hearing, Draper brought up his personal views on interracial mixing and Black history, according to excerpts of the court transcripts. Draper told LAist these comments were intended to convince the two sides to “make a reasonable settlement.”

According to the transcripts, Draper used the terms “coal black” and “light brown” to describe Black skin tones. Draper defended his statements, telling LAist he viewed the comments as “almost like describing what color dress you’re wearing today.”

“Now, why did I say it? Race was not involved in the case, except that almost everybody was Black,” he said.

The commission said the comments at issue reflected “bias, prejudice, or harassment.” Draper’s written response to the charges said the dialogue had been taken “wholly out of context.” He told LAist he “ wasn’t talking about a bias for or against” and added he “probably won’t use the word ‘black’ ever” again if re-elected.

“Do I imagine I’ll continue to make comments about appearance? No,” he said. “I probably won’t.”

Women in the workplace

The same day of the 2023 hearing, Draper brought the all-women legal team into his chambers, according to records, where he made other comments that the commission alleges violated judicial ethics.

During the conversation, he told them a story about how male attorneys used to tell female secretaries “you better be able to f*** better than you can type.” Draper told LAist his comments have been misconstrued to sound like he was bragging about behavior at his last law firm. In fact, he said, he was referring to how other firms had “that attitude towards secretaries” when he started practicing law.

“I was so proud of the country [because] now it wouldn’t happen at all,” he said.

His comments and other issues ultimately led to the California Court of Appeal to overturn the verdict and order a new trial. Draper is also alleged to have touched a lawyer’s hair during proceedings in that case without reason, which he testified before the special masters hearing did not happen.

Other allegations cited by the commission involve multiple comments Draper has admitted to making about women in the courthouse in 2022 and 2023, according to records and LAist’s interview with him. The commission said these statements violated judicial ethics, which Draper disputes.

In one instance, Draper told his presiding judge she “looked cute” when she was mad, according to records. Another time he called a woman involved in a case before him “quite attractive” in a “global way.”

Draper told LAist the language he used was “not a come-on” and that he was “trying to make them feel good about themselves.”

“ I’m not going to walk around with my handkerchief in my mouth. I can just say, ‘Hey, you’re looking cute today,’ and people understand that,” he said. “But I’m not going to be walking around the court picking out the cute ones and telling them they’re cute.”

Leave, email and other issues

Draper has also been charged with allegedly not following his courthouse leadership’s directives.

When he was placed on involuntary leave in March 2023, according to the commission, Draper continued to do administrative work on cases despite receiving verbal and written directives to not access the courthouse and its resources.

Draper told LAist his supervisors were aware that his work was continuing because he was emailing them about it.

“They understood what I was doing, and they approved it by not speaking up,” he said.

Draper also testified that he wasn’t immediately told not to work while on leave. The commission said Draper wasn’t “candid” when he testified to that.

Judge Robert Draper on the first day of his hearing at the California Court of Appeal building in downtown Los Angeles on April 27.

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Cato Hernández

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LAist

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The commission also cited problematic emails Draper admitted to sending from his court email address, according to records and his testimony. This included allegations that Draper sent files including nude photos from a confidential court case to people not authorized to receive them under state code.

In June 2023, Draper sent an email to commission staff and other Superior Court judges with various materials, according to records. The attachments included details from a July 2017 confidential child abuse case.

The case involved child sexual abuse allegations with a public figure. Draper emailed nude photos from the case files of children bathing, according to records and his testimony.

One of the recipients of the email with nude photo attachments was retired Judge Lance Ito — best known for presiding over the O.J Simpson murder case in 1995. Ito testified to not being personally acquainted with Draper at the time and called the email “unusual.” Draper testified that the email blast was intended to show his legal contributions and that he is authorized under statute to consult with other judges. He said he copied Ito on the thread because of his leadership role in teaching judges.

Draper also emailed photos of himself “from behind without clothes” to the commission and other judges, according to records. He testified that this was to show his colleagues proof of an injury.

In another charge, the commission said Draper has not cooperated with its ethics inquiry that started in 2022 — such as repeatedly missing deadlines — and has been disrespectful to commission staff. Draper told LAist the commission’s investigation was more like an inquisition because they didn’t interview him before the hearing.

“ That is a big problem with the way the CJP operates,” he said. “They’re not there to help judges. They’re kinda trying to catch judges.”

An endorser speaks out

Kimberly Repecka is one of four judges who have endorsed Draper for re-election. She’s a prior public defender who’s known Draper for about 10 years and testified in his hearing last month.

She told LAist people have latched on to ageist narratives and that his character is being misrepresented. According to Repecka, it’s common for older judges to share “war stories.”

Repecka defended Draper’s reasoning for bringing up race in the sexual harassment case.

“I think most of us most of the time view it exactly how Judge Draper said he intended it: an attempt to connect on a more human level and remind ourselves that there’s a world bigger than the courtroom and case we’re in,” she said.

Repecka told LAist she wouldn’t use the same words he used to talk about skin color in the courtroom. She would be concerned it could cause discomfort.

“ As a white person, I would be pretty careful about how I address that if it seems relevant to the case itself,” she said.

Laurie Levenson, a professor at Loyola Law School well-versed in judicial ethics, described it as a “real stretch” to view Draper’s comments on race and appearance as appropriate under any circumstances. Levenson said she can’t imagine other judges talking like this.

“There’s a lot of training for judges that has happened in the last decade about how you don’t talk about race unless it is a relevant issue,” she said, “and you especially don’t use some of the terms that Judge Draper was using in these hearings.”

Judges need to watch what they say in a courtroom because they need to not only be fair, but appear to be fair, Levenson said.

“He has the ethical obligation to be impartial and how he demonstrates that he’s being impartial is going to be evaluated by how he acts and what he says in the courtroom,” she said. “If you take his words at face value, there certainly would be reason to question how he’s treating people in that courtroom.”

Levenson has reviewed the hearing’s rough transcripts, the charges and Draper’s filed answer to them. She said it appears the commission “bent over backwards” to  give him a fair chance during their “robust” process.

What comes next 

The next step is for the special masters to put together a report of their conclusions for the commission members, which Draper will have a chance to respond to. The special masters won’t make recommendations about discipline.

That choice rests with the commission members. Remember, they brought these charges against Draper and will decide the outcome, likely in a couple of months. Among the options: The commission members could clear him, admonish or censure him, or remove him from office.

Loyola Marymount University is an underwriting sponsor of LAist. Like other funders, it has no influence on coverage.

Southern California was built on radio.

"I can still hear the jingle KFWB News 98,” wrote  Taline in Los Feliz, during a recent conversation on LAist's daily news show, AirTalk, which airs on 89.3 FM. “I grew up hearing that in my dad's minivan on the way to and from school. It has a special place in my heart.”

Back in April, broadcast company Audacy announced KNX News — one of the last-remaining all-news FM stations — was leaving the FM dial where it had simulcast on 97.1 FM since 2021. The station, which is also one of the oldest in L.A., is not budging from 1070 AM where it has been on the air for more than 100 years. The move away from FM officially happened in May to make way for a new sports talk station, which Audacy officials called an area of growth for advertisers in today’s media landscape.

The move is one in a long line of changes for radio and a reminder that before podcasts, playlists and algorithms, many Southern Californians built their days around radio broadcasts.

Radio, a daily ritual

The construction of KNX

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Herman J. Schultheis

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Los Angeles Public Library

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Michael Jackson, a well-known KNX, personality

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Los Angeles Public Library

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Larry Mantle, now in his 41st year hosting AirTalk, remembers being a kid and dreaming of what it might be like to be behind the mic at one of these radio stations.

“ I grew up with KNX," he said. “My dream job as a kid was to be an anchor on KNX or KFWB, the two local all-news radio stations, 'cause there was nothing like hosting AirTalk that even existed at that point.”

Mantle opened up the phone lines on a recent show to hear from his fellow SoCal radio lovers about the shows they miss and the memories they have. Here's what they had to say:

A love for radio, then and now  

A pilot of KMPC's traffic alert helicopter pictured with his daughter and grandson.

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Los Angeles Public Library

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A 1963 picture of Valley State College (now Los Angeles Valley College) preparing to launch KVCM

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Larry Leach

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Los Angeles Public Library

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“When you'd walk down Hollywood Boulevard where the station was, you could hear it playing as you went down the street,” said  Olivia in Glendale about KLAC 570 with Al Jarvis.

 Larry in Yorba Linda shouted out KBCA Jazz for its 24-hour jazz, saying “When I first moved out here in '68 from Phoenix, which had like an hour a week, it was a real wonder.”

 Mark in Glassell Park emailed that he loves KCRW’s Henry Rollins, writing, “I used to bristle at his unique DJ persona, but over time, I came to love him and his crazy eclectic playlists. I find his knowledge in history and punk rock fascinating. He's a gem and a legend."

"I'd like to give a shout-out to all the DJs working at KXLU, the college station at Loyola Marymount University, said  Jeremy in Culver City in an email. “That station's been on the air for nearly 60 years. I believe it's one of the best examples of what's possible with radio."

"KFWB and KRLA back in the day when they were rock music stations —  Dr. Demento, one of my favorite on-air personalities, also had eclectic music taste," said  Carrie in Desert Edge.

“ Dr. Demento was must listening when I was a kid in junior high school at Le Conte Junior High in Hollywood,” Mantle added. “Every Sunday night on KMET, we would make sure we were listening to Dr. Demento and his funny records.”

The question remains…

An 11-year-old winning a car in a KMPC contest in 1963.

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Los Angeles Public Library

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Listener support is vital to any radio station, and it’s clear KNX has many lifelong fans. AirTalk listeners highlighted their support for household KNX names over the decades like Bill Keene, Melinda Lee, Mike Roy and Jackie Olden.

As KNX makes changes, many are watching closely and thinking about the future of radio.

Listeners like Tommy in La Quinta are left wondering if the radio dial will be the same…

“I’m a hardcore listener, but I don't know about casual listeners [and] if they'll tune to AM,” he said.

After months of hand-wringing, Los Angeles and LA28 have come to a tentative agreement on how Olympics organizers will reimburse the city for its expenses for the 2028 Summer Games.

According to the deal, the private Olympic organizing committee will pay upfront for the estimated cost of services that are not eligible for federal reimbursement, like trash pick-up and traffic control. Under another proposal, the city would also be able to tap an LA28 contingency fund if it isn't fully repaid by the federal government for policing costs at Olympic venues.

The agreement is nearly nine months overdue and still needs approval by Mayor Karen Bass and the City Council.

The 2028 Olympics are intended to be privately financed, and an existing city agreement with LA28 states that the Olympics organizers, not L.A., will pay for extra costs for public services in support of the Games. But L.A. is the financial back-stop for the Olympics, meaning if LA28 goes in the red, taxpayers will pick up the bill.

Beyond that, the city services agreement presents another area where L.A. could incur additional unexpected expenses for hosting the Games. L.A. City Councilmember Monica Rodriguez warned LA28 CEO Reynold Hoover earlier this year that a bad deal could "bankrupt" the city.

Jacie Prieto Lopez, an LA28 spokesperson, and Paul Krekorian, who leads the city's office of major events, said in statements that the freshly inked agreement would help deliver a fiscally responsible Games.

"Mayor Bass’ priority is that the 2028 Olympic and Paralympic Games be fiscally responsible, protect taxpayers, and benefit Angelenos for decades to come. This agreement helps deliver that commitment," Krekorian said.

But the contract between the two parties doesn't fully resolve one of the biggest areas of financial risk for the city: the enormous cost of security for an event as extensive and high-profile as the summer Olympics and Paralympics.

Organizers are counting on the federal government to pay for public safety at Olympic venues that are considered part of a "national special security event." That includes costs for LAPD staffing. LA28 has not included security costs in its $7.1 billion budget — a fact that City Attorney Hydee Feldstein Soto criticized earlier this year.

The federal government has so far allocated $1 billion for security costs for the Olympics. Exactly where those federal funds will go has not yet been determined, and there's no guarantee they will cover all of L.A.'s policing costs.

To address this, city officials have also proposed an amendment to a 2021 agreement between the city and LA28. That amendment would establish that if L.A. is not reimbursed by the federal government for all its eligible expenses, it could dip into LA28's contingency fund of $270 million before the private organizing committee could use those funds for any legacy projects.

But that bucket of money will first be used for any costs that Olympics organizers still owe if they run out of revenue — meaning if the Olympics don't turn a profit, the city's access to that money will depend on how much is left for the taking.

Civil rights attorney Connie Rice, who has been tracking the city's negotiations with LA28, told LAist the agreement was a "PR document" not a deal. She pointed out that if the federal government does not pay up for security spending as expected, L.A. could be in trouble.

" It leaves the taxpayers with a GoFundMe strategy," she said.

The city services agreement lays the groundwork for more negotiations between LA28 and the city. Each venue will require its own agreement, to be negotiated by July 1, 2027. Venues in the city of L.A. include Dodger Stadium, the L.A. Convention Center, L.A. Memorial Coliseum and the Venice Beach Boardwalk.

The City Council's ad-hoc committee on the 2028 Games will meet Tuesday afternoon to vote on the agreement.