The California Commission on Judicial Performance has filed formal disciplinary charges against Los Angeles Superior Court Judge Robert S. Draper, alleging willful misconduct, persistent failure to perform duties and conduct prejudicial to the administration of justice.
The commission's Tuesday announcement cited repeated failures to cooperate with investigations, inappropriate and offensive comments, improper ex parte communications, and disclosure of confidential materials. Formal charges were filed Jan. 14, detailing seven counts of misconduct.
Draper faces possible censure or removal. His attorney, Paige L. Adamczyk of Adamczyk Legal PC in Burbank, emailed a statement after the announcement.
"Judge Draper looks forward to publicly addressing the evidence allegedly supporting the charges raised against him in the same ethical, honorable and diligent manner in which he has faithfully discharged his judicial duties following his lengthy career as a preeminent trial lawyer as a partner in one of our nation's finest firms. Judge Draper never has nor ever will act other than with honor and sincerity consistent with his absolute belief in his faith, his family values and his country."
Some of the charges center on Draper's conduct in a sexual harassment complaint against the Los Angeles Community College District. Last year, an appeals court threw out a $10 million jury verdict in that case, citing Draper's "significant arbitrary and prejudicial evidentiary rulings" and "bizarre personal comments on racial matters." Odom v. Los Angeles Community College District, BC724401 (L.A. Super. Ct., filed Oct. 4, 2018).
"During the February 15, 2023, hearing in Odom, and during the Odom trial, you engaged in a pattern of conduct that reflected sexual harassment or bias, prejudice, or harassment on the basis of gender and/or sex, or created an appearance thereof," the notice stated. "For example, at the February 15 hearing, you used demeaning language when referring to adult women."
The commission also alleged repeated instances of improper behavior in other cases and in Draper's day-to-day actions in the courthouse. For instance, the notice alleges Draper engaged in improper ex parte communications, including contacting counsel in pending cases, attempting to influence or solicit testimony from fellow judges in matters involving personal acquaintances, and intervening in other judicial officers' proceedings.
He is also accused of disclosing confidential juvenile dependency records and graphic photographs of minors and himself through court email, sending explicit or inappropriate personal images to court staff, and making demeaning or offensive remarks to litigants and attorneys, including a sarcastic comment to a lawyer suffering from ALS.
The notice further details allegations of inappropriate behavior toward court personnel, including repeated comments about female colleagues' appearance, physical contact such as patting an employee on the head, and statements that raised concerns about harassment and workplace safety.
In one exchange detailed in the notice, Draper told a female attorney, "I would love to see you ... in chambers." Others attended that meeting and reported disturbing comments by the judge.
"During the in-chambers discussion, you relayed a story to them about male attorneys at a law firm sleeping with female secretaries and telling the secretaries, 'You better be able to f*** better than you can type,'" the notice said.
The commission also alleges Draper's conduct raised serious concerns about his mental and emotional fitness, citing erratic emails, accusations that doctors were "poisoning" him, defiance of administrative directives while on medical leave and interference with court operations.
Malcolm Maclachlan
malcolm_maclachlan@dailyjournal.com
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
Send a letter to the editor:
Email: letters@dailyjournal.com



