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Los Angeles, California: State Commission Removes Superior Court Judge Robert Draper From Office

The California Commission on Judicial Performance ordered Judge Robert S. Draper removed on Tuesday, finding nine acts of willful misconduct and eight acts of prejudicial misconduct. The order becomes final in 30 days, subject to state Supreme Court review.

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Los Angeles, California: State Commission Removes Superior Court Judge Robert Draper From Office
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Key points

  • California's Commission on Judicial Performance on Tuesday ordered Los Angeles County Superior Court Judge Robert S.
  • The commission said Draper's refusal to accept responsibility, his lack of insight or remorse, and instances of untruthful or misleading testimony made the misconduct worse.
  • Much of the case grew out of Draper's handling of Odom v.

California's Commission on Judicial Performance on Tuesday ordered Los Angeles County Superior Court Judge Robert S. Draper removed from office, finding nine acts of willful misconduct and eight acts of prejudicial misconduct. The commission said Draper repeatedly violated judicial standards through offensive comments about race, remarks and actions reflecting gender bias, and improper communications outside the presence of all parties in a case.

The commission's findings

The commission said Draper's refusal to accept responsibility, his lack of insight or remorse, and instances of untruthful or misleading testimony made the misconduct worse. "Judge Draper persistently violated the standards governing judicial behavior and engaged in extensive and severe misconduct," the commission said in its announcement. The decision becomes final in 30 days and is subject to discretionary review by the California Supreme Court.

The case at the center

Much of the case grew out of Draper's handling of Odom v. Los Angeles Community College District, a workplace sexual harassment and retaliation lawsuit. During a February 2023 posttrial hearing in that case, Draper discussed Black people's skin tones and interracial ancestry even though race was not an issue in the lawsuit, according to an appellate decision in the case. The disciplinary charges also described a sexually explicit remark about female secretaries that Draper recounted during a conversation with women attorneys in chambers. An Orange County judge disqualified Draper from the Odom case in October 2023. On April 7, 2025, the Court of Appeal reversed the $10 million judgment in the case and ordered a new trial, finding prejudicial evidentiary errors and criticizing his comments about race and gender.

Chambers work since 2023, and a lost election

Draper was appointed to the bench by Governor Jerry Brown in 2012. LAist reported in May that he had not heard a case since returning from involuntary leave in June 2023 and had been restricted to chambers work. In that interview he disputed the allegations of bias and said remarks about women's treatment at law firms were meant to illustrate social progress. He ran for reelection while the disciplinary case was pending and lost the June election to Los Angeles County Deputy District Attorney Tal Khan Valbuena, conceding on June 11, LAist reported.

How the case reached removal

The commission filed formal proceedings against Draper on January 14, 2026, covering conduct that dated mainly to 2022 and 2023. A public evidentiary hearing began on April 27, 2026, before three special masters appointed by the California Supreme Court, and the commission heard oral argument on October 7, 2026. Tuesday's order is the commission's first removal of a California state judge since May 2, 2024, when it removed Lassen County Superior Court Judge Tony R. Mallery. The California Supreme Court denied Mallery's petition for review on December 11, 2024, according to the commission's disciplinary records.

Timeline

  1. Feb 2023During a posttrial hearing in Odom v. Los Angeles Community College District, Draper discusses Black people's skin tones and interracial ancestry, though race is not an issue in the case.
  2. Oct 2023An Orange County judge disqualifies Draper from the Odom case.
  3. Apr 7, 2025The Court of Appeal reverses the $10 million judgment in the Odom case and orders a new trial.
  4. Jan 14, 2026The Commission on Judicial Performance files formal proceedings against Draper.
  5. Apr 27, 2026A public evidentiary hearing begins before three special masters appointed by the California Supreme Court.
  6. Nov 10, 2026The commission orders Draper removed from office, finding nine acts of willful misconduct and eight acts of prejudicial misconduct.

Sources