California State Judge Faces Murder Charge: Explained

The Orange County judge who prosecutors say fatally shot his wife and then texted his clerk and bailiff, “I just shot my wife. I won’t be in tomorrow,” is scheduled to appear in court for the first time on Tuesday.

Judge Jeffrey Ferguson, 72, was arrested Aug. 3 after his son saw Ferguson shoot his wife Sheryl Ferguson, 65, and called 911, according to court filings by the Orange County District Attorney’s Office. Ferguson was intoxicated when he shot his wife after an argument, his son said.

Police officers found 47 legally owned firearms and more than 26,000 rounds of ammunition during a search of his Anaheim Hills home. Ferguson’s attorneys found and turned over another rifle later, but one of Ferguson’s registered weapons is still missing, court filings say.

Ferguson has been an Orange County Superior Court judge since 2015 where he has served as part of the criminal bench panel. He was released one day after his arrest after posting $1 million bail.

“It’s not within the run-of-the-mill judicial ethics or judicial misconduct realm,” UCLA legal ethics professor Scott Cummings said Monday. “This is sui generis personal tragedy and serious, serious crime.”

Has anything like this happened before?

It’s unprecedented. Neither Cummings nor Gregory Dresser of the state’s Commission on Judicial Performance can remember a judge in California ever being charged with murder.

Even felony charges for judges are rare, Dresser said.

The commission considered about 1,400 complaints in 2022 regarding active and former judges, a third of which were criminal, according to a recent report. The vast majority of complaints come from litigants, family, or friends. The commission publicly censured only one judge in 2022 and publicly admonished three.

Usually, judicial misconduct cases center on topics like conflicts of interest or, at the extreme end, accepting bribes, Cummings said. “This is obviously different.”

Is Ferguson still a judge?

Yes, for now.

Judges who are indicted or charged with a felony are suspended from acting as judges, per the California Constitution. If Ferguson pleads guilty or no contest, or is found guilty of a felony, he’ll be suspended without pay.

If Ferguson’s conviction becomes final, the Commission on Judicial Performance will remove him from office.

What happens to his case assignments?

Ferguson was assigned to handle hearings on the felony calendar in Department N3 of the North Justice Center in Fullerton, according to court filings.

In the past when judges couldn’t fulfill their assigned duties, the presiding judge or someone they designate has reassigned their casework to other judges, Orange County Superior Court spokesperson Kostas Kalaitzidis said.

Courtroom operations management can also reassign staff members in those circumstances, he said.

How will Ferguson be prosecuted?

Ferguson was a prosecutor in the Orange County District Attorney’s Office starting in 1983. Still, the California Attorney General’s Office found no conflict with the DA in Orange County prosecuting Ferguson, according to a news release from the prosecutor.

Ferguson’s case was moved out of Orange County. Los Angeles County Superior Court Judge Ricardo Ocampo is scheduled to oversee Tuesday’s proceedings.

“Even if those judges have very little knowledge of him or no personal contacts, it raises the appearance of a conflict that it’s routinely good to avoid,” Cummings said.

What’s happened so far?

The DA requested that Ferguson surrender his passport, wear an ankle bracelet, possess no firearms or ammunition, cease most contact with his son, and stay away from alcohol, among other conditions on top of Ferguson’s $1 million bail.

Ferguson faces a maximum sentence of 40 years to life if convicted on all counts.

“He faces (and, by virtue of his employment, is fully aware he faces) the realistic prospect that he will die in prison if convicted. Accordingly, reasonable and logical non-monetary conditions designed to mitigate flight risk are warranted,” the DA’s bail motion said.