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Local Superior Court Judge now faces formal hearing over allegations he abused his position

KEYT

SANTA BARBARA, Calif. – On Monday, the Commission on Judicial Performance scheduled a hearing and appointed special masters regarding allegations that Santa Barbara County Superior Court Judge Michael J. Carrozzo abused his position on behalf of his judicial secretary.

Judge Carrozzo has been scheduled to appear for a formal hearing that will be open to the public on Monday, April 14, 2025, at the California Court of Appeal, Second Appellate District, Sixth Division, in Ventura starting at 9 a.m. shared the Commission on Judicial Performance.

The hearing will be conducted by the following special masters appointed by the California Supreme Court:

  • The Honorable Rebecca A. Wiseman (Retired) of the Court of Appeal, Fifth Appellate District
  • The Honorable C. Don Clay (Retired) of the Superior Court of California, County of Alameda
  • The Honorable Matthew P. Guasco of the Superior Court of California, Ventura County

Judge Carrozzo will be represented during the proceedings by Heather L. Rosing and Christine C. Rosskopf of San Diego and Gabrielle M. Jackson of Los Angeles.

The Commission on Judicial Performance's Examiner's will be Trial Counsel Mark A. Lizarraga and Assistant Trial Counsel Gregory J. Cleaver.

During the hearing, parties will be allowed to introduce evidence and question witnesses detailed the Commission on Judicial Performance.

At the end of the hearing, the special masters will produce a report of their findings regarding the allegations and parties will have an opportunity to respond to those findings before the Commission.

If the Commission on Judicial Performance decides that the charges are proven, it has the authority to impose disciplinary actions including admonishment, censure, or even removal and charges that are determined to not be sufficiently proven during the hearing, can be dismissed explained the Commission on Judicial Performance.

From 2017 to 2018, Judge Carrozzo served as the Assistant Presiding Judge and from 2019 to 2020 he served as the Presiding Judge for the Santa Barbara County Superior Court and the allegations detailed happened during that period stated the Notice of Formal Proceedings from the Commission on Judicial Performance.

On Dec. 18, 2024, the Commission on Judicial Performance -an organization responsible for investigating allegations of judicial abuse statewide- announced that it had started formal proceedings about Judge Carrozzo's actions while serving at the above positions.

According to the Commission on Judicial Performance's Notice of Formal Proceedings, Judge Carrozzo specifically violated the language of article VI, section 18 of the California Constitution in six specific counts:

  • Count 1: Engaged in the unauthorized practice of law while serving as the Assistant Presiding Judge and then Presiding Judge for the Santa Barbara County Superior Court
  • Count 2: Provided statements to the Commission in response to alleged violations of the Code of Judicial Ethics that were "false, misleading, and reflected a lack of candor"
  • Count 3: Misused his judicial title and the prestige of the office for the benefit of himself or others
  • Count 4: Made "intemperate remarks -about judges, court staff, deputy district attorneys, and the public defender-that could undermine public respect for, and confidence in, the integrity of the judicial system" in correspondences with his judicial secretary
  • Count 5: Exhibited a pattern of using public property and resources for personal, non-governmental purposes
  • Count 6: Took actions on behalf of his assigned judicial secretary, offered unique opportunities, and afforded special treatment that was not similarly provided or offered to other court staff

The Commission concluded in that December notice:

You took such actions when you and Ms. Eklund were “good friends,” when you were in a romantic dating relationship with Ms. Eklund, and when Ms. Eklund was pregnant with your child. As a superior court judge, and particularly while serving as Assistant Presiding Judge and Presiding Judge, you had a supervisory role over Ms. Eklund, and you exercised direction and control over her, while maintaining a close friendship with her and while engaging in an intimate personal relationship
with her.

With respect to Ms. Eklund, your conduct in 2018, 2019, and 2020, reflected favoritism or created an appearance thereof. You did not avoid favoritism, or the appearance of favoritism, by initiating a reassignment, relocation, or transfer of yourself or Ms. Eklund. You also failed to take
sufficient steps to minimize potential issues with supervision, court morale, and conflict(s) of interest.

Your conduct violated canons 2, 2A, 2B(1), 3C(1), 3C(5), and 4A of
the Code of Judicial Ethics.

In response, Heather L. Rosing, Judge Carrozzo's attorney during the proceedings, provided the following statement when reached for comment back in December:

Recognized for his strong character, hard work, and dedication to administering justice, Judge Mike Carrozzo has been an unwavering public servant and veteran for over 20 years.

“Mike Carrozzo is one of the finest judges I know,” commented Judge George Eskin (Ret.). “The contributions he has made to the Santa Barbara bench and community are remarkable. If he has made mistakes, he will acknowledge them, and I hope the Commission will exercise sound judgment and restraint in assessing an appropriate resolution of its inquiry.”

The recent Notice of Formal Proceedings does not involve substantive decisions in his cases, his demeanor in the courtroom, or his work ethic. Rather, the focus is on off-bench activity relating to a relationship with a court colleague who is now his wife and mother of their two children.  Judge Carrozzo has been fully cooperating with the Commission and respects both the Commission’s work and its role. He thanks the Commission for the opportunity to respond to the recent Notice of Formal Proceedings, and he offers his strong commitment to continuing to live up to the highest standards of his judicial office.

Judge Carrozzo’s current focus is on his criminal calendar and the serious cases he handles and on being the best husband and father he can be. He deeply appreciates the outpouring of support he has received.

Article Topic Follows: Santa Barbara - South County
abuse of power
CALIFORNIA
California Commission on Judicial Performance
formal legal proceedings
KEYT
public admonishment
Santa Barbara County Superior Court Judge Michael J. Carrozzo

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Andrew Gillies

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