The official censure from the 9th Circuit's Judicial Council concerns U.S. District Judge Roger Benitez's instructions to have a deputy marshal place a 13-year-old girl in handcuffs in February of last year, something the council wrote 'constitute(s) abusive or harassing behavior.
A San Diego federal judge was reprimanded by the 9th Circuit Court of Appeals Wednesday for ordering the teenage daughter of a defendant handcuffed during her father's sentencing hearing.
As part of the reprimand, Benitez will not be assigned new criminal cases for three years and attorneys may request to recuse him from sentencing hearings for supervised release violations — the same type of violation that led to the sentencing hearing at the heart of the reprimand.Her father, who had a drug-related history, told Benitez during the sentencing hearing that his daughter had used marijuana and he feared she would be"following the same footsteps as I am right now.
Later he told the girl,"That was the message I was hoping to get to you. So your dad's made some serious mistakes in his life, and look at where it's landed him. And as a result of that, he has to spend time away from you. And if you're not careful, young lady, you'll wind up in cuffs, and you'll find yourself right there where I put you a minute ago."
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