Girardi Competency Hearing to Go Another Day Before Judge Rules

Disbarred and indicted plaintiffs’ attorney Thomas Girardi will learn whether he’s adjudged competent to stand trial only after at least a second day of testimony before the Los Angeles federal judge who will make that determination.

In a Tuesday morning docket entry, Judge Josephine L. Staton of the Central District of California scheduled Sept. 11 as the second day of the hotly contested hearing, the outcome of which will also dictate whether the ex-lawyer goes to trial on additional charges in Chicago.

Prosecutors accuse the former high-flying attorney of malingering to escape trial while defense attorneys argue Girardi was skilled at hiding his cognitive decline.

• The LA federal case is one of two Girardi is defending for allegedly embezzling millions of dollars from Girardi Keese clients, co-counsel, and other professionals
• Girardi, who was disbarred in June 2022, and co-defendants were named in a 12-count criminal indictment in Illinois and a five-count criminal indictment in California
• A government expert testified Aug. 23 that Girardi scored inconsistently on tests and was inconsistent during evaluations but when asked about a hypothetical case matching his, his musings about it were “spot on.”

The federal Public Defender’s office represents Girardi. The US Attorney’s Office for the Central District of California represents the government.

The case is USA v. Girardi, C.D. Cal., No. 2:23-cr-00047, scheduling order 8/29/23.