Judiciary Reprimands Kansas Federal Judge for Sexually Harassing Court Employees
The public reprimand is the most severe sanction available to the judicial council.
September 30, 2019 at 06:30 PM
3 minute read
A federal judge in Kansas was publicly reprimanded Monday for misconduct that included sexually harassing court employees and other "inappropriate behavior."
The Judicial Council of the U.S. Court of Appeals for the Tenth Circuit, chaired by Circuit Chief Judge Timothy Tymkovich, held that U.S. District Judge Carlos Murguia sexually harassed employees, engaged in an extramarital relationship with a felon who was then on probation, and was "habitually" tardy for court engagements.
A public reprimand is the most severe sanction available to the council. The order said evidence and facts associated with the misconduct allegations "are insufficient" to recommend that Murguia be impeached.
An order signed by Tymkovich said the council reached its conclusions after an extensive investigation that included interviews with 23 people and a hearing at which Murguia testified under oath.
Murguia admitted the misconduct allegations, apologized for his behavior and promised he would not engage in any inappropriate conduct in the future. He also offered to take any recommended voluntary corrective actions.
The committee "found no evidence that his misconduct continued" after he was served with the initial complaint.
But the committee determined that Murguia "was less than candid" when initially confronted with the allegations and "did not fully disclose the extent of his conduct."
"He tended to admit to allegations only when confronted with supporting documentary evidence," the order said. "His apologies appeared more tied to his regret that his actions were brought to light than an awareness of, and regret for, the harm he caused to the individuals and to the integrity of his office."
Murguia was appointed by President Bill Clinton in 1999. His sister, Mary Murguia, is a judge on the U.S. Court of Appeals for the Ninth Circuit who was also appointed by Clinton.
The council determined that Carlos Murguia "gave preferential treatment and unwanted attention" to female judicial employees, and engaged in "sexually suggestive comments, inappropriate text messages, and excessive non-work-related contacts, much of which occurred after work hours and often late at night."
The federal judicial Code of Conduct bars judges from engaging "in any form of harassment of court personnel."
Women subjected to harassment told council investigators they were reluctant to tell Murguia to stop "because of the power he held as a federal judge."
The order also said Murguia's "years-long sexual relationship" with the felon, who is now back in prison for probation violations, placed the judge "in such a compromised position that he made himself susceptible to extortion."
The relationship violated federal judicial ethics canons because "reasonable minds" could conclude the judge's "honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired," the order said.
The council also chastised Murguia's habitual tardiness for court proceedings, often requiring attorneys, parties and juries to wait and sometimes making lawyers late for other judicial proceedings. A repeated cause of Murguia's tardiness was his "regularly scheduled lunchtime basketball games" on days when he had scheduled hearings or trials. According to the order, Murguia was counseled repeatedly about his tardiness "fairly early in his federal judicial career," but his conduct "persisted never-the-less."
Read the order:
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