SAN DIEGO (KGTV) - A federal judge had a 13-year-old girl handcuffed and questioned in court even though she did nothing wrong.
Now, Judge Roger Benitez's actions are being questioned.
According to court documents, earlier this month, the girl's father was in front of Judge Benitez for a supervised release revocation hearing.
According to the court filing, the 13-year-old daughter was in the courtroom to support her father.
The court filing says during the hearing, the defendant expressed a desire to "leave San Diego because to separate himself from negative peers and get a start fresh. Everywhere and anywhere I turn, I know somebody."
The document stated, "He indicated that '[t]he only way I can – I feel like I can do anything is leaving, leaving what I know' … He also expressed concern that his daughter was hanging out with the wrong people, who might 'lead her into the same path I went down.' He expressed his belief that 'the only thing [he] could do for her is try to get her out, try to get her out.'"
According to the court filing, "Several minutes later, Judge Benitez asked a U.S. Marshal, 'You got cuffs?' The Marshal confirmed he did. Judge Benitez then ordered the 13-year-old girl to leave the spectator area, approach the front of the courtroom, and stand next to her father's lawyer. He told the Marshal to 'put cuffs on her.' The Marshal did so, cuffing the girl's hands behind her back. As he did so, she was crying. Judge Benitez then instructed the Marshal to 'put her over there in the jury box for me for just a minute.' The Marshal complied, placing the girl in the jury box in handcuffs. She continued to cry.'"
According to the court filing, which quotes transcripts from the original hearing, Benitez released the girl but did not allow her to return to her seat immediately.
"Instead, he told her, 'don't go away. Look at me.' He asked her how she liked 'sitting up there' and 'the way those cuffs felt on you.' Still in tears, she responded that she 'didn't like it.' He told her she was 'an awfully cute young lady' but that if she didn't stay away from drugs, she would 'wind up in cuffs' and be 'right back there where I put you a minute ago,'" the court filing stated.
In the court document, an attorney for the girl's father called the judge's actions in the case psychologically damaging and harmful.
"According to testimony from the Government Accountability Office (GAO), children can be 'severely traumatized' by the use of handcuffs even when 'no physical injury is sustained,'" the filing stated.
The court document explained that was the first time the defendant's daughter had attended any of the hearings.
ABC 10News reached out to Judge Benitez for a comment on the allegations outlined in the court filing but have yet to get a response.
Court records show after that hearing, Chief Judge Dana Sabraw, transferred the case to another U.S. district court judge.
Court records cite a rule that allows, "The judge to whom a case is assigned or the Chief Judge of the district, may transfer such case at any time to a consenting judge in the interest of efficient administration of the judicial business of the district."
Last week Judge Robert Huie ordered that the father be released from custody for time served.
ABC 10News reached out to a representative U.S. Marshal's Service about the incident but has yet to receive a response.
Late Tuesday afternoon, the Chief Judge for the 9th Circuit Court of appeals released a court order stating:
"On February 17, 2023, pursuant to the Rules for Judicial-Conduct and Judicial-Disability Proceedings ("JC&D Rules"), Chief District Judge Dana M. Sabraw of the Southern District of California contacted me regarding allegations of judicial misconduct by District Judge Roger T. Benitez. These allegations were related to court proceedings that took place on February 13, 2023, including a revocation of supervised release proceeding during which Judge Benitez ordered the handcuffing of the thirteen-year-old daughter of a defendant. After conducting an inquiry into the allegations, which included review of the relevant court transcripts, on February 22, 2023, I identified a misconduct complaint against Judge Benitez pursuant to the Judicial Disability Act, 28 U.S.C. § 351(b) and JC&D Rule 5. Since that time, information related to these allegations has been published in the media. Pursuant to JC&D Rule 23(b)(1), this order and the fact that I identified a complaint against Judge Benitez are publicly disclosed in order to "maintain public confidence in the Judiciary's ability to redress misconduct or disability." All subsequent proceedings will be handled in accord with the Judicial Conduct and Disability Procedures."
