California’s primary election is Tuesday — and one race poses a challenging question to voters: Should a judge who’s accused of ethics violations by the state watchdog of judges get re-elected?

That’s the situation for Judge Robert Draper, who’s running to keep his seat in the Los Angeles County Superior Court. With about 15 years on the bench, Draper, 84, told LAist he hasn’t had disciplinary issues until now.

The California Commission on Judicial Performance, the state body that oversees judicial complaints, conducted an investigation into complaints and charged Draper with misconduct in office. The commission’s members, who are also the final decision-makers here, won’t make a determination on whether to discipline him until after the primary.

Here’s what you should know about what’s at stake and what could happen next.

A quick primer

Draper was appointed by former Gov. Jerry Brown in 2012. Superior Court judges have to run for reelection after they’ve been appointed. Draper is running for a third full term and is on the ballot for all L.A. County voters under Office No. 2, facing a challenge from Tal Valbuena, a deputy district attorney.

The commission has charged him with seven counts of violating judicial ethics. (The proceedings against him aren’t civil or criminal, but the commission uses similar terminology.) The commission is an 11-member group of judges, lawyers and others who are appointed by the governor, the Legislature and the California Supreme Court.

Draper is currently assigned to “chambers work only.” He and his attorney told LAist Draper's court-issued email account is restricted and his room does not have a computer or staff. He hasn’t heard a case since he returned in June 2023 from an involuntary leave that, according to commission records, was tied to the alleged ethics violations.

Among the allegations Draper is facing:

• Sending nude photos from a confidential child abuse case to colleagues via a court email address, according to commission records.
• Making irrelevant comments about race, including using the term “coal black,” during a case, and calling women in the courthouse “attractive” and “cute,” according to commission records.

A panel of independent “special masters” oversaw a six-day hearing earlier this month on the charges. The special masters are expected to issue a report on their findings within the next several weeks — but a decision on possible disciplinary action still rests with the commission.

According to the commission’s charge document, the allegations against Draper center on willful misconduct in office, failure to perform his duties and actions that affect the judicial office’s reputation. Draper has denied some of the claims and, in an interview with LAist, gave reasons for others.

The commission initially claimed that his behavior was evidence of an unnamed disability that interferes with his duties (which could get judges removed from the bench, if proven), but LAist confirmed that claim has been withdrawn.

Draper told LAist he is navigating health issues. Over the last few years, he’s been prescribed medication that made his Parkinson’s disease worse, he said, and had a detached retina and a rotator cuff injury. He added that he’s also coping with grief — his son died this year shortly before the hearing.

The seven counts Draper faces from the judicial ethics commission cover accusations dated 2022 and 2023. We’ll explore the main ones.

Comments on race

According to records from the judicial performance commission, Draper admitted to making statements that have been called “irrelevant” and “inappropriate” by other judges who reviewed his decisions on a 2023 case.

In February that year, the defense in a sexual harassment case Draper presided over was seeking a new trial. A jury had reached a verdict earlier, putting them on the hook for $10 million.

During a hearing, Draper brought up his personal views on interracial mixing and Black history, according to excerpts of the court transcripts. Draper told LAist these comments were intended to convince the two sides to “make a reasonable settlement.”

According to the transcripts, Draper used the terms “coal black” and “light brown” to describe Black skin tones. Draper defended his statements, telling LAist he viewed the comments as “almost like describing what color dress you’re wearing today.”

“Now, why did I say it? Race was not involved in the case, except that almost everybody was Black,” he said.

The commission said the comments at issue reflected “bias, prejudice, or harassment.” Draper’s written response to the charges said the dialogue had been taken “wholly out of context.” He told LAist he “ wasn’t talking about a bias for or against” and added he “probably won’t use the word ‘black’ ever” again if re-elected.

“Do I imagine I’ll continue to make comments about appearance? No,” he said. “I probably won’t.”

Women in the workplace

The same day of the 2023 hearing, Draper brought the all-women legal team into his chambers, according to records, where he made other comments that the commission alleges violated judicial ethics.

During the conversation, he told them a story about how male attorneys used to tell female secretaries “you better be able to f*** better than you can type.” Draper told LAist his comments have been misconstrued to sound like he was bragging about behavior at his last law firm. In fact, he said, he was referring to how other firms had “that attitude towards secretaries” when he started practicing law.

“I was so proud of the country [because] now it wouldn’t happen at all,” he said.

His comments and other issues ultimately led to the California Court of Appeal to overturn the verdict and order a new trial. Draper is also alleged to have touched a lawyer’s hair during proceedings in that case without reason, which he testified before the special masters hearing did not happen.

Other allegations cited by the commission involve multiple comments Draper has admitted to making about women in the courthouse in 2022 and 2023, according to records and LAist’s interview with him. The commission said these statements violated judicial ethics, which Draper disputes.

In one instance, Draper told his presiding judge she “looked cute” when she was mad, according to records. Another time he called a woman involved in a case before him “quite attractive” in a “global way.”

Draper told LAist the language he used was “not a come-on” and that he was “trying to make them feel good about themselves.”

“ I’m not going to walk around with my handkerchief in my mouth. I can just say, ‘Hey, you’re looking cute today,’ and people understand that,” he said. “But I’m not going to be walking around the court picking out the cute ones and telling them they’re cute.”

Leave, email and other issues

Draper has also been charged with allegedly not following his courthouse leadership’s directives.

When he was placed on involuntary leave in March 2023, according to the commission, Draper continued to do administrative work on cases despite receiving verbal and written directives to not access the courthouse and its resources.

Draper told LAist his supervisors were aware that his work was continuing because he was emailing them about it.

“They understood what I was doing, and they approved it by not speaking up,” he said.

Draper also testified that he wasn’t immediately told not to work while on leave. The commission said Draper wasn’t “candid” when he testified to that.

The commission also cited problematic emails Draper admitted to sending from his court email address, according to records and his testimony. This included allegations that Draper sent files including nude photos from a confidential court case to people not authorized to receive them under state code.

In June 2023, Draper sent an email to commission staff and other Superior Court judges with various materials, according to records. The attachments included details from a July 2017 confidential child abuse case.

The case involved child sexual abuse allegations with a public figure. Draper emailed nude photos from the case files of children bathing, according to records and his testimony.

One of the recipients of the email with nude photo attachments was retired Judge Lance Ito — best known for presiding over the O.J Simpson murder case in 1995. Ito testified to not being personally acquainted with Draper at the time and called the email “unusual.” Draper testified that the email blast was intended to show his legal contributions and that he is authorized under statute to consult with other judges. He said he copied Ito on the thread because of his leadership role in teaching judges.

Draper also emailed photos of himself “from behind without clothes” to the commission and other judges, according to records. He testified that this was to show his colleagues proof of an injury.

In another charge, the commission said Draper has not cooperated with its ethics inquiry that started in 2022 — such as repeatedly missing deadlines — and has been disrespectful to commission staff. Draper told LAist the commission’s investigation was more like an inquisition because they didn’t interview him before the hearing.

“ That is a big problem with the way the CJP operates,” he said. “They’re not there to help judges. They’re kinda trying to catch judges.”

An endorser speaks out

Kimberly Repecka is one of four judges who have endorsed Draper for re-election. She’s a prior public defender who’s known Draper for about 10 years and testified in his hearing last month.

She told LAist people have latched on to ageist narratives and that his character is being misrepresented. According to Repecka, it’s common for older judges to share “war stories.”

Repecka defended Draper’s reasoning for bringing up race in the sexual harassment case.

“I think most of us most of the time view it exactly how Judge Draper said he intended it: an attempt to connect on a more human level and remind ourselves that there’s a world bigger than the courtroom and case we’re in,” she said.

Repecka told LAist she wouldn’t use the same words he used to talk about skin color in the courtroom. She would be concerned it could cause discomfort.

“ As a white person, I would be pretty careful about how I address that if it seems relevant to the case itself,” she said.

Laurie Levenson, a professor at Loyola Law School well-versed in judicial ethics, described it as a “real stretch” to view Draper’s comments on race and appearance as appropriate under any circumstances. Levenson said she can’t imagine other judges talking like this.

“There’s a lot of training for judges that has happened in the last decade about how you don’t talk about race unless it is a relevant issue,” she said, “and you especially don’t use some of the terms that Judge Draper was using in these hearings.”

Judges need to watch what they say in a courtroom because they need to not only be fair, but appear to be fair, Levenson said.

“He has the ethical obligation to be impartial and how he demonstrates that he’s being impartial is going to be evaluated by how he acts and what he says in the courtroom,” she said. “If you take his words at face value, there certainly would be reason to question how he’s treating people in that courtroom.”

Levenson has reviewed the hearing’s rough transcripts, the charges and Draper’s filed answer to them. She said it appears the commission “bent over backwards” to  give him a fair chance during their “robust” process.

What comes next 

The next step is for the special masters to put together a report of their conclusions for the commission members, which Draper will have a chance to respond to. The special masters won’t make recommendations about discipline.

That choice rests with the commission members. Remember, they brought these charges against Draper and will decide the outcome, likely in a couple of months. Among the options: The commission members could clear him, admonish or censure him, or remove him from office.

Loyola Marymount University is an underwriting sponsor of LAist. Like other funders, it has no influence on coverage.