Federal judge in Kansas guilty of harassment, affair, tardiness. Is reprimand enough?

Federal Judge Carlos Murguia of the Kansas District sexually harassed workers, engaged in an affair that could have exposed him to extortion, and was too often late for work, in part because he was playing basketball.

Those findings, announced by a special judicial panel Monday, will shock and anger anyone who believes in the rule of law and the integrity of the bench.

Murguia’s punishment — a public reprimand — seems inadequate. The judge should resign, or Congress may want to consider a stiffer punishment, including impeachment.

The order was handed down by a seven-judge panel. The findings, based on an investigation by a special judicial committee, paint a picture of a judge whose personal behavior disqualifies him from service.

Judge Murguia, who works in the federal courthouse in Kansas City, Kansas, “gave preferential treatment and unwanted attention to female employees of the Judiciary,” the committee found, including “sexually suggestive comments, inappropriate text messages, and excessive, non-work-related contact.”

Further, Murguia took part in a year-long extramarital affair with a “drug-using” individual who is now incarcerated, the report says. “Judge Murguia placed himself in such a compromised position that he made himself susceptible to extortion,” the panel said.

Murguia’s indiscretion could have led to reasonable questions concerning his integrity, honesty. and impartiality, according to the ruling.

And Murguia was late for work far too often, despite warnings. His tardiness was insulting to lawyers, defendants and others with business before the court.

In a statement, Murguia admitted to the misconduct.

“I accept responsibility for my inappropriate actions. I publicly apologize to the victims and to the other members of my staff for the impact my conduct has had on them,” the statement said.

The apology sounds genuine. Yet the judicial panel said Murguia had been “less than candid” during the investigation.

“His apologies appeared more tied to his regret that his actions were brought to light than an awareness of, and regret for the harm he caused,” the judges found. “Moreover, his misconduct is very serious and occurred over a lengthy period.”

The ruling says Murguia will undertake undefined “corrective action,” in addition to the reprimand. The order also admonishes the judge.

Murguia was appointed by President Bill Clinton. Like all federal judges, his was a lifetime appointment to the bench.

The judicial panel said Murguia’s conduct did not rise to the level of a high crime, or misdemeanor, and wasn’t referred to Congress for impeachment.

Congress may want to examine the issue for itself. Judge Murguia could spare members the trouble and restore the appearance of integrity to the Kansas federal bench by stepping aside on his own.

This story was originally published October 1, 2019 at 5:00 AM.