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Progressive groups file complaint against Vegas judge who told defendants they could vote for Trump if they complete probation

Riley Snyder
Riley Snyder
Local Government
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Three progressive groups have filed complaints against the Clark County judge who told several felons last year that they would be able to vote for President Donald Trump in the 2020 election if they met their probation requirements and that the president could “use your vote.”

The Fair Elections Legal Network, PLAN Action and ACLU Nevada filed three separate complaints with the Nevada Commission on Judicial Discipline on Friday over comments made by Clark County District Court Judge Susan Johnson to at least three defendants in her court about voting for Trump if they meet their probation requirements and have their civil rights restored.

An attached letter to the complaints asked the commission to discipline Johnson’s “off-hand campaigning from the bench” by either issuing a formal reprimand or prohibiting her from deciding any future civil rights restoration cases.

“Judge Johnson clearly crossed a line by publicly endorsing President Donald Trump’s reelection bid and abused the prestige of her office to suggest that three defendants appearing before her could or should vote for the President in 2020,” the groups said in a joint letter. “Not only were her comments prohibited public statements, worse, they were made from the bench in her capacity as a judicial officer.”

The Nevada Independent reported last year that at least two occasions (twice in July and once in August of 2017), Johnson told defendants during sentencing hearings in her courtroom that if they completed the terms of their probation, they would be able to vote for Trump in the 2020 election cycle.

“So if you do everything I tell you to do, you will have your civil rights restored in about three years,” she said on Aug. 31 to defendant Monique Fresquez, who pled guilty on a felony charge of identity theft. “You’ll be able to vote for Mr. Trump, I’m sure he could use your vote.”

The group said it was filing the complaints now because they requested transcripts of each reported sentencing hearing, which took several months to complete.

Nevada’s judicial code of conduct prohibits judges from allowing “family, social, political, financial, or other interests or relationships to influence the judge’s judicial conduct or judgment.” It also says judges should not “publicly endorse or oppose a candidate for any public office.”

In a statement sent in December 2017 in response to the third reported incident, Johnson said her comments about Trump were meant to be informative and to serve as an example of “what the restoration of civil rights means.”

“It was meant to be informational only and was, in no way, intended as an endorsement of any candidate,” she said at the time in an email. “I have since revised how I present the information so there is no misinterpretation.”

In a statement sent Monday evening, Johnson said she hadn't seen the complaint but that her comments have already been reviewed by the Nevada Judicial Discipline Commission, which had found "no violation" of judicial code.

"Since I took the bench in January 2007, I have maintained an impeccable reputation for my work ethic and my commitment to serve our community, and I am proud of my unblemished ethical record," she said in an emailed statement. "I have been unwavering in my pledge to uphold the law as a fair and impartial jurist. I have challenged criminal defendants to overcome their pasts and encouraged them to make changes and succeed in their futures.  I have acted and will continue to act in a manner that suits the honor and trust given to a judge."

Several defense attorneys and public defenders said they were surprised or shocked by Johnson’s comments at the time. Attorney Joel Mann, who represented one of the defendants Johnson said could vote for Trump in 2020, said last year that he did not take Johnson’s statements as a joke.

“I know my client chuckled but I believe he didn’t know what else to do,” he said in an email. “I was mortified and if any amount of chuckling or smile came from me it was out of pure shock.”

District Court judges are nonpartisan offices in Nevada, and Johnson’s party registration is confidential and not available for public release.

Nevada law prohibits anyone convicted of a violent felony from voting unless they receive permission from a court to have their rights restored. State law allows for other felons to have their civil rights, including the right to vote, automatically restored upon release from prison or a successful discharge from probation or parole.

Johnson was first elected to the bench in 2006, and won re-election to a second term in 2014. She’s married to fellow District Court Judge Eric Johnson.

Attachment a - Letter to Nevada Commission on Judicial Discipline by Riley Snyder on Scribd

Updated at 6:05 p.m. to include a statement from Judge Susan Johnson.

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