It has been six months since Senior Judge Roger Benitez found himself at the center of controversy after ordering a United States marshal to place a 13-year-old girl in handcuffs during her father’s revocation hearing. Despite the significant media attention that this incident triggered and the lodging of a formal judicial misconduct complaint, no disciplinary actions have been undertaken against Benitez as of yet.
The Ninth Circuit Chief Judge Mary Murguia publicly disclosed the complaint, emphasizing the Judiciary’s responsibility to maintain public trust by redressing misconduct or disability. However, nearly half a year has passed without a resolution, a state of affairs that is not serving to boost trust in Judicial processes. A notable contrast presents itself in the swift albeit controversial handling of the Judge Pauline Newman’s case by the Federal Circuit.
The expectations for swift action were arguably set by the Ninth Circuit itself. With transcripts of the incident and witnesses readily available, many did foresee an expedient resolution to this matter. The delay is particularly inexplicable given that the Circuit brought attention to its disciplinary actions in order to maintain public confidence, creating an expectation for the case to be among the first addressed in 2023.
Despite the legal community patiently waiting for a resolution in the Benitez case, the Ninth Circuit’s website recently showed that the first opinion addressing 2023 conduct has been published and it does not concern the former.
One can argue that such disciplinary proceedings should be conducted with gravity and thoroughness, given the significance attached to disciplining a federal judge. Yet, in light of the public notoriety and the nature of this case, further delays serve only to undermine the expressed commitment to uphold public trust in the Judiciary.