Federal judge in Kansas accused of sexual harassment submits his resignation
Carlos Murguia, a federal judge in Kansas accused last year of sexual harassing court employees and other misconduct, informed President Donald Trump on Tuesday that he will resign.
Murguia, who worked out of the Robert J. Dole Federal Courthouse in Kansas City, Kansas, told Trump in a letter that his departure is effective April 1.
“In recent months, it has become clear that I can no longer effectively serve the Court in this capacity,” Murguia wrote. “I therefore tender my resignation with a heavy heart and profound apologies, out of respect for the federal judiciary, my colleagues, my community and — most importantly — my family.”
Cases assigned to Murguia are being transferred to other judges in the U.S. District of Kansas and until April 1 he will assist in an orderly transition of his duties. The Star reported last Friday that civil lawsuits on Murguia’s docket involving employment discrimination claims had been reassigned.
The Star also reported that there was an ongoing review of complaints against Murguia by the U.S. Committee on Judicial Conduct and Disability. His resignation puts an end to that review.
Murguia, who was born in 1957, will leave the bench without eligibility for a pension or other retirement benefits, according to a statement from Julie Robinson, chief judge for the U.S. District of Kansas.
His resignation comes amid heightened attention to the conduct of federal judges and the lack of legal protections afforded to judicial branch employees.
Last week, an attorney claimed during a hearing of the House Judiciary Subcommittee on the Courts that Ninth Circuit Court of Appeals Judge Stephen Reinhardt made vulgar comments and insulted her appearance when she clerked for him in 2017. Reinhardt died in 2018.
In 2017, Ninth Circuit Court of Appeals Judge Alex Kozinski was accused of sexual misconduct against court employees. He later resigned.
Murguia, appointed in 1999 by then-President Bill Clinton, was the subject of an investigation that started in 2018. The resulting report from the Tenth Circuit Judicial Council found that he made unwanted and suggestive comments to female employees.
“Judge Murguia gave preferential treatment and unwanted attention to female employees in the form of sexually suggestive comments, inappropriate text messages, and excessive, non-work-related contact, much of which occurred after work hours and often late at night,” the report said.
The report noted that women subjected to Murguia’s harassment felt reluctant to tell him to stop because of his power as a federal judge. One employee did confront Murguia, but he continued anyway, according to the report.
That caught the attention of the the House Judiciary Committee, which on Feb. 6 sent a letter to the Administrative Office of the United States Courts, asking what support has been offered to victims of Murguia’s harassment and what procedures adopted to allow federal judicial employees to report misconduct confidentially.
A hearing last week by the House Judiciary Subcommittee on the courts highlighted that judiciary employees have fewer legal protections against harassment than other federal workers.
“The laws that protect nearly every civilian employee in this country, public and private, from harassment, discrimination, isolation and retaliation, those rules do not protect the employees of the judicial branch,” said subcommittee chairman Rep. Hank Johnson, D-Georgia.
The Tenth Circuit investigation also found that Murguia had an extramarital affair that could have put him in a position of compromise and possible extortion. The affair, according to the report, involved a “drug-using individual” on probation at the time because of state-felony convictions and who was incarcerated for probation violations.
Murguia was habitually late to court proceedings, investigators found, because he played basketball during his lunch breaks. The report said other allegations could not be confirmed.
Last October, the Tenth Circuit Judicial Council reprimanded Murguia. He apologized at the time for his actions.
This story was originally published February 18, 2020 at 4:03 PM.
