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In re Complaint Under the Judicial Conduct and Disability Act

Judicial Council of the Tenth Circuit
10-18-90022 (2019)


Facts

In 2018, someone made a sexual harassment complaint against federal judge Carlos Murguia, who presided over the Kansas federal district court within the Tenth Circuit. Chief Tenth Circuit Judge Tim Tymkovich appointed a special committee under the provisions of the Judicial Conduct and Disability Act to investigate. The committee hired an investigator, interviewed 23 people, conducting a hearing, and issued unanimous findings and recommendations. The committee concluded that Judge Murguia gave female employees unwanted sexual attention and preferential treatment. One employee said she explicitly told the judge to stop, but he continued. Judge Murguia admitted the misconduct and apologized, but he was not entirely candid with the committee. Initially he did not fully disclose what happened, tending to admit allegations only when confronted with documentary proof. His apologies also seemed to regret the discovery of his misconduct, instead of the harm it caused those around him and the integrity of his office. The committee found that Murguia’s misconduct was very serious and occurred over a long period of time. After reviewing the committee’s conclusions, the council issued its ruling.

Rule of Law

Issue

Holding and Reasoning

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