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CJP Publicly Scolds LASC Judge Monguia
Cites Pattern of Misconduct Over Period in Excess of Four Years
By a MetNews Staff Writer
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ENRIQUE MONGUIA |
The state’s judicial disciplinary body yesterday publicly admonished Los Angeles Superior Court Judge Enrique Monguia based on multiple instances of misconduct committed during the period between 2019 and 2024 including instances of threatening to “shoot” persons in the courtroom or have them shot.
One such incident cited by the Commission on Judicial Performance (“CJP”) occurred in October 2023. Retired Los Angeles Superior Court Judge Stephen Marcus, sitting on assignment, attempted to use a door reserved for courthouse staff to enter a private hallway, intending to use the elevator; Monguia did not recognize him and commented that it was fortunate for Marcus that the bailiff was not present—otherwise he would have her shoot him.
Yesterday’s order declares:
“The commission found that Judge Monguia’s remarks about shooting people, or having people shot in the courtroom, constituted an abuse of authority, fostered an atmosphere of intimidation in the courtroom and, even if made in jest, were undignified and discourteous.”
Breaches of Canons
The order specifies five canons the judge violated in each of the four instances it related. Those canons require a judge to “observe high standards of conduct so that the integrity of the judiciary is preserved”; to “avoid impropriety and the appearance of impropriety”; to “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary; respect and comply with the law; to “require order and decorum in proceedings”; and to “be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom a judge deals in an official capacity.”
In one of the instances, where he alluded to shooting the defendant, the judge additionally “violated his duty” to “act without bias or prejudice, and refrain from speech that may reasonably be perceived as communicating bias or prejudice,” the CJP’s admonishment says.
It sets forth that Monguia’s “multiple instances of misconduct, over a period of four and one-half years” includes “a pattern of improper remarks to victims, defendants, attorneys, and others; multiple statements that indicate bias or the appearance of bias, including bias based on gender and ethnicity; ex parte communications; and the disregard of two unrepresented defendants’ fundamental rights.”
Defendant Without Counsel
In September 2023, a defendant appeared voluntarily on a bench warrant; her lawyer, Andrew Flier of the Encino firm of Levine, Flier and Flier, LLP, did not appear; another attorney in the firm, Jeremy Babich, explained by phone that Flier intended to make a motion to be relieved as counsel; Babich said he was not authorized to act for the defendant, Danielle Alexander, who was present with her child who was about 3 years old. Monguia relieved Flier as counsel and remanded Alexander into custody.
Later that day, through intercession by the Public Defender’s Office, Monguia relented and ordered the release of Alexander.
The CJP’s order comments that “Judge Monguia’s misconduct resulted in an unnecessary (as evidenced by the judge’s reversal later that day) remand of the defendant into custody, and the chaotic separation of a child from her mother.”
In November 2024, in People v. Kenneth Kay Ogiamien, the order recites, “the judge’s failure to timely appoint counsel caused delay in the case, prolonging the time the defendant spent in custody,” adding:
“On at least one occasion, the judge baselessly blamed an adjudicated victim of domestic violence. In other instances, the judge’s public comments had the potential to interfere with attorney-client relationships.”
It observes that “[s]ome of the judges remarks gave the appearance of prejudgment, embroilment, and bias based on gender and ethnicity.” Monguia did not contest the public admonishment. In explaining the relatively low level of discipline, the CJP said:
“In response to the commission, Judge Monguia generally acknowledged that his conduct was improper. He acknowledged wrongdoing in the cases of Ms. Alexander and Mr. Ogiamien. Judge Monguia expressed regret and remorse for his actions, and said that he had taken steps to address unconscious bias and other matters that contributed to his misconduct. In determining to issue this public admonishment, the commission considered Judge Monguia’s admission to his misconduct, as well as his lack of prior discipline, as mitigating factors.”
Monguia was appointed on June 18, 2014 by then-Gov. Jerry Brown. Then 57, Monguia was a Los Angeles County deputy public defender, a job he had held since 1986.
He earned his law degree from the University of California, Berkeley Boalt Hall in 1983.
The judge will be up for reelection in 2028.
Copyright 2024, Metropolitan News Company