9th Circuit reprimands California judge who handcuffed, berated crying 13-year-old girl
Source: San Francisco Chronicle
The federal judge who has declared multiple California gun-control laws unconstitutional was reprimanded Wednesday by a judicial panel for ordering a drug defendant's 13-year-old daughter to enter the jury box, where the judge handcuffed her and warned her about the dangers of drugs.
The actions of U.S. District Judge Roger Benitez of San Diego would have the effect of "undermining the public's trust and confidence in the judiciary," a 12-judge panel of the 9th U.S. Circuit Court of Appeals said in an order barring him from accepting new criminal cases for three years.
Benitez was appointed to the court by President George H.W. Bush in 2004. He is best known for a series of rulings that began in 2017, when he blocked enforcement of Californias ban on possessing guns that can hold more than 10 cartridges, saying it violated the constitutional right to bear arms for self-defense.
That law was reinstated by the 9th Circuit but is being reconsidered under standards set by the Supreme Court in 2022 that barred the government from restricting firearms unless the laws were part of the nations historical tradition of regulation, dating back to colonial times.
Read more: https://www.sfchronicle.com/politics/article/9th-circuit-roger-benitez-19434108.php
Of course, George H.W. Bush had been out of office for 11 years in 2004. Judge Benitez was: "Nominated by George W. Bush on May 1, 2003, to a new seat authorized by 116 Stat. 1758. Confirmed by the Senate on June 17, 2004, and received commission on June 21, 2004."
Ray Bruns
(4,131 posts)mahatmakanejeeves
(57,804 posts)The Unmitigated Gall
(3,840 posts)Why the cuffs? Why the intimidation? Why not speak with this young person respectfully, maybe in chambers, about the dangers of drugs?
Cruelty, humiliation, domination are all these people know.
Glad the 9th Circuit whacked him.
oasis
(49,508 posts)was definitely HELL.
DJ Synikus Makisimus
(222 posts)and serves as a good example of why GOP appointees should never be allowed a seat on any court. Screw bipartisanship. 2003 was the year Gray Davis got unseated by Arnold in a recall election, if you remember. I wonder who blue-slipped Benitez's name to Bush? That would've come from the Congressional delegation.
The article doesn't say what penalty, if any, was involved. Did they just give him a black mark on his record, handcuff him and make him sit in the corner for 20 minutes, or just tell him not to do it again? I can't seem to find any report of that, but perhaps someone local knows.
Just FYI if you've not been, San Diego is one of the more redneck parts of California, "Bakersfield by the Sea." I endured three years there working on my undergrad degree. The contrast between there and Los Angeles, where I'd lived previously, couldn't have been starker. The Young Americans for Freedom (a.k.a. Young Assholes for Fascism) were the biggest group on the SDSU campus, if memory serves. So the young girl's experience may be just the first of these REPORTED, rather than the one time it happened. Lots of stern, disciplinary fathers in San Diego.
calimary
(81,616 posts)SouthBayDem
(32,085 posts)The city council doesnt have any Republicans anymore; it appears the right wingers moved to Santee or Fallbrook. And their last few Republican mayors werent that conservative.
BlueWaveNeverEnd
(8,208 posts)ArkansasDemocrat1
(1,324 posts)rpannier
(24,353 posts)According to a couple of sources I found, this obnoxious behavior began in 2017, and has continued since