Lawyer censured for sexual innuendos in conversations with judge and judicial assistant

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A Colorado lawyer has been publicly censured for sexual innuendos in speaking with a magistrate judge and judicial assistant.

Lawyer Phillip Malouff Jr. of La Junta, Colorado, was censured in an Aug. 25 order recently covered by CBS 4 and the Legal Profession Blog. The censure followed a conditional admission of misconduct.

In one instance in November 2016, Malouff allegedly winked at a magistrate judge and said, “When you get back from your vacation, I better be able to see your tan lines.”

Another time, when he was visiting the magistrate’s chambers to discuss scheduling matters, he allegedly said: “Ask your husband a question for me when you get home tonight. Ask him what it’s like to have relations with someone who wears the robe. It has always been something I’ve wanted to do, but there have never been any women judges until now.”

Malouff wrote a letter apologizing for the incidents after he was informed that his comments were unprofessional and a violation of the Colorado Judicial Department’s anti-harassment policy.

Then, in July 2019, Malouff asked a judicial assistant to check whether the mother in a parental rights hearing had an outstanding warrant. The assistant replied, “She is good.” Malouff allegedly responded, “Her husband told me that she is good.”

The judicial assistant also recalled a prior incident in which she told Malouff that a case had been set for a Friday at 8 a.m. Malouff asked her whether he would get to spend the night with her since he had an early-morning meeting at the courthouse.

“Malouff has since undergone online sensitivity training and engaged in counseling regarding appropriate boundaries,” according to the censure order.

Malouff told CBS 4 that he had no comment. There was no answer when the ABA Journal called the phone number listed for Malouff on the Colorado Supreme Court website.

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