Legal Ethics

Lawyer Tells Judge He Didn’t Mean Anything Racist by 'Guard Chihuahua' Comment

A California judge on Wednesday considered a request to sanction a discrimination lawyer for calling a Hispanic defense team assistant a “guard Chihuahua” during a trial break.

Lawyer Stephen Jaffe, who is white, denied he meant anything racist by the comment, according to the Contra Costa Times and the East Bay Express. He is representing black police officers suing the city of Richmond, Calif., alleging in part that the police chief made insensitive remarks.

According to a declaration filed with the court, Jaffe made the remark as he left a courtroom for lunch. According to the assistant, Joaquin Elizondo, Jaffe said, “There you go, Joaquin, you get to leave now—the guard Chihuahua!” Elizondo also says Jaffe used an expletive and accused him of spying.

Jaffe counters that Elizondo has “stalked him” during lunch breaks and there has been tension during the trial. He also says he commented to a bailiff, not Elizondo. He denied racism in his comment. “I made no racial slur whatsoever,” Jaffe said. “I didn’t even know his ethnicity.”

Judge Barry Goode did not indicate when he would decide the defense motion for sanctions.