Judiciary
Judge admonished for ‘undignified’ behavior, including gestures mimicking pumping of breast milk
Judge Julian W. Bailey, a judge of the Orange County Superior Court in California since 2012, has been publicly admonished for commenting on people with brown hair and blond hair and for once mimicking the pumping of breast milk. (Image from Shutterstock)
A California judge who commented on people with brown hair and blond hair and once mimicked the pumping of breast milk has been publicly admonished.
The California Commission on Judicial Performance admonished Judge Julian W. Bailey, a judge of the Orange County Superior Court in California since 2012, in a Feb. 13 decision, report Law360 and the Metropolitan News-Enterprise.
“In 2014, and again in 2022 and 2023, Judge Bailey engaged in a pattern of discourteous, undignified and impatient behavior with female and/or inexperienced attorneys, in 10 separate matters,” the opinion said. “In some instances, the judge also conveyed the appearance of embroilment and bias on the basis of gender, race, national origin or ethnicity.”
Bailey told the commission that underlying medical conditions could provide a partial explanation for some of his behavior.
“He also admitted that, medical conditions notwithstanding, he should not have behaved as he did, and he accepted full responsibility for his misconduct,” the commission’s opinion said.
According to the commission, Bailey:
• Learned that a deputy public defender who was the assigned public defender in Bailey’s courtroom might need a break at trial to pump breast milk for her baby. In one instance in March 2014, Bailey asked, “Do you need to—,” and then made a gesture with his hands against his chest. He moved his hands up and down in opposite directions while making the sound, “Ch, ch.”
• Told his clerk to forever ban another deputy public defender from his chambers after she entered during a meeting in March 2014. Bailey complained to meeting participants after the deputy public defender left that she “has no tact” and is “so f- – -ing rude.” A meeting participant—who is white with blond hair—said the deputy public defender entered because she “had made eye contact” with her. “There are two kinds of people in this world—blonds and brunettes,” Bailey replied. The deputy public defender is of South Asian or Indian descent and has brown hair.
• In March 2023, engaged in a “public beratement” of a deputy public defender who rolled her eyes at the prosecutor. He pointed a finger and raised his voice, telling the deputy public defender that she was “way out of line.” The entire courtroom went silent, but Bailey continued. “Don’t you dare do this in my courtroom. Ma’am, do you understand? Do you understand?”
• In September 2022, Bailey objected to what he thought was an offensive facial expression by the same deputy public defender. “Counsel, the way you’re looking at me right now, it’s like you’re saying, ‘F- – – you, judge.’” he said. He also said that kind of nonverbal communication won’t be beneficial to her client. Bailey later apologized.
• Stated that a defendant didn’t have to appear for a September 2022 hearing and then issued a bench warrant for the defendant’s arrest when he didn’t appear.
• Interrupted a lawyer with an Arabic accent who was trying to clarify which section of the penal code the judge was using to order a mental competency evaluation for his new client. “I understand you’re not sure about a lot of things, but I’d ask you to please answer my question. Why should I not appoint doctors today?” Bailey asked during the January 2023 hearing. At another point, Bailey said, “I’m hoping to kind of bring you up to speed on an area of law about which you don’t seem to be well informed.”
• In early 2014, said words to the effect that he was lucky “to get to work with beautiful women.” He was referring to a deputy public defender and a prosecutor.
• Told a juvenile in a delinquency case in early 2014, “Oh, wow, what are you doing in custody? You’re so beautiful,” or said words to that effect. He also said the juvenile “could get a job in the movies playing a Native
American Indian.”
Law360 identified Bailey’s lawyer as Paul S. Meyer. He told the ABA Journal that he and his client have no comment.
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