Inquiry Concerning Saucedo

Summary

The California Commission on Judicial Performance considered disciplinary charges against Tulare County Superior Court Judge Valeriano Saucedo. The commission adopted findings that he created and used an anonymous sexually explicit letter to manipulate a courtroom clerk, engaged in improper communications and gifts, acted dishonestly, and committed willful and prejudicial misconduct. The commission ordered his removal from office.

Holdings

1. The charges were proven by clear and convincing evidence. Judge Saucedo violated California Code of Judicial Ethics canons 1, 2, 2A, 2B(1), 3C(5), and 4G through the anonymous letter, failure to report it, manipulation of a subordinate, substantial gifts and financial benefits, intimidation through an extortion accusation, and provision of legal advice.
2. Judge Saucedo committed willful misconduct when acting in a judicial capacity and prejudicial misconduct in his other improper conduct.
3. The investigation and hearing did not violate Judge Saucedo's due process rights, and the introduction of evidence concerning uncharged incidents did not prejudice him.
4. Removal from judicial office was warranted.

Questions Presented

1. Whether the evidence established by clear and convincing evidence that Judge Saucedo committed the charged misconduct and violated the specified canons of the California Code of Judicial Ethics.
2. Whether Judge Saucedo's conduct constituted willful misconduct when performed in a judicial capacity and prejudicial misconduct when performed outside that capacity.
3. Whether the investigation and evidentiary proceedings violated Judge Saucedo's due process rights because of alleged failures to preserve electronic evidence, access witnesses, or conduct a broader forensic investigation.
4. Whether evidence concerning incidents not charged in the formal notice could support disciplinary findings or prejudiced the proceeding.
5. What sanction was appropriate for the established misconduct.

Disposition

other