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SAN FRANCISCO - A
Placer County judge who was censured for grabbing his bailiff's
breasts has returned to the bench after an extended medical leave,
shortly after his request for disability retirement was
denied.
Superior Court Judge W. Jackson Willoughby III ended
his nine-month absence when he assumed a new assignment in the
Roseville traffic court on Monday but announced plans to retire in
February.
Saying he "absolutely loves" being back on the bench,
he said "I intend to do my best until I leave because I enjoy being
a judge."
Willoughby, 65, was the presiding judge when he
inappropriately touched a deputy while they were in his chambers in
May 1998. Other offensive workplace conduct included referring
to a female deputy district attorney as "Old Iron Tits," according
to a report by the State Commission on Judicial
Performance.
The Commission on Judicial Performance censured
Willoughby last summer for the improper behavior but spared him his
job.
Shortly after the accusations surfaced in June 1998,
Willoughby was banished from local courtrooms and spent the next two
years drawing his full $117,912 annual salary and waiting for an
assignment that never came.
Last July, he was assigned to a little-used
storefront court in rural Lincoln, where he processed probation
violations and search warrants. Willoughby worked there less
than two weeks before going on medical leave, saying the situation
created a "hostile environment." He then applied for
disability retirement, which the commission denied last
week.
The agency came under fire over the last year for
approving disability retirements for scofflaw judges who applied for
the benefit after getting into trouble. Judges who are granted
disability retirement usually receive 65 percent of their judicial
salary for the rest of their lives.
Barry Zimmerman, an Auburn attorney and Placer County
Bar Association president who was involved in an effort to recall
Willoughby, said, "I was pleased Judge Willoughby was denied
disability retirement in light of the fact it's an outgrowth of his
own misconduct."
Noting that Willoughby has been "outposted" to
traffic court, Zimmerman said, "People still want him to go, but
he's deflected the recall momentum by saying, "I'll just be here for
a short time." It will save the time, expense and effort of
getting him recalled."
Still, he predicted, there will be a "huge public
outcry" if Willoughby doesn't leave as promised.
Judge Larry D. Gaddis, one of 10 Placer County
jurists who signed a statement last summer urging Willoughby to step
down, said the local bench voted to assign Willoughby to traffic
court.
"He's collecting a full salary, so we just have to
make the best of it," Gaddis said. "We thought long and hard
about how to assign him."
When asked how women court employees feel about
Willoughby's return, one clerk who declined to be identified said
only, "You can probably imagine."
In addition to getting his full salary during almost
three years of inactivity, two sexual harassment lawsuits filed by
Willoughby's bailiff and clerk have cost the county and the state
$170,000 in settlements.
When told that some colleagues and attorneys reported
they were unhappy to have him back, Willoughby replied, "They can
say what they want, and I'll be out of here next
February." |