Formal proceedings have been launched against a Santa Barbara County Superior Court judge accused of misconduct by acting as an attorney, abusing his authority and disparaging court staff.

The Commission on Judicial Performance notified Michael Carrozzo of the proceedings earlier this month, detailing the six counts making up the allegations. Most of the allegations centered on his former judicial secretary, who later became his wife.

He is charged with willful misconduct in office, conduct prejudicial to the administration of justice that brings the judicial office into disrepute, and improper action under the California Constitution.

The allegations stem from when Carrozzo served as assistant presiding judge in 2017 and 2018 and presiding judge in 2019 and 2020.

Carrozzo’s attorney, Heather Rosing, is expected to file a written response by the Jan. 2 deadline.

In a written statement, Rosing said formal proceedings do not involve substantive decisions in his cases, his demeanor in the courtroom or his work ethic. 

“Rather, the focus is on off-bench activity relating to a relationship with a court colleague who is now his wife and mother of their two children,” Rosing said.

The complaint alleged the actions occurred while he and Sara Eklund (also known as Sara Romero) began a dating relationship. She later became pregnant with his child. 

“With respect to Ms. Eklund, your conduct in 2018, 2019 and 2020 reflected favoritism or created an appearance thereof,” according to the notice of formal proceedings. “You did not avoid favoritism, or the appearance of favoritism, by initiating a reassignment, relocation or transfer of yourself or Ms. Eklund. You also failed to take sufficient steps to minimize potential issues with supervision, court morale, and conflict(s) of interest.”

Carrozzo allegedly drafted letters after Eklund’s vehicle crash. In one instance, he also allegedly used Superior Court letterhead in 2018 and signed it using his assistant presiding judge title to say Eklund had missed work.

A 2019 email purported to be from “attorney” Michael Carrozzo to the insurance company.

Authorities also obtained a recording of the judge telling insurance representatives he was representing the woman regarding her claim, according to the proceedings notice.

“When you spoke on the telephone … you knew that, as a judge, you were not an active licensee of the California State Bar and were not permitted to practice law,” the legal document said. 

The allegations contended that Carrozzo was “deliberately deceptive and misleading.”

“You misrepresented material facts and intentionally conveyed the false representation that you were entitled to practice law at that time,” according to the notice.

In addition to violating the sections of the Code of Judicial Ethics, the actions also violated the California Business and Professions Code, the formal proceedings notice stated.

Carrozzo reportedly composed other letters on behalf of his secretary, regarding a rent increase, mattress delivery and more.

In 2020, Eklund requested Carrazzo’s legal service via an email with the subject line “call to action,” asking him to draft a court order concerning an omitted asset for her divorce case in Ventura County Superior Court. 

In 2020, while Eklund was pregnant, Carrozzo reportedly used his position in trying to secure a spot for his child’s future admission, using the court’s email system and a signature identifying his judicial role.

During the preliminary investigation into the allegations, Carrozzo claimed he unintentionally practiced law, saying he didn’t believe supplying sample letters could be viewed as advocating on behalf of Eklund. 

The legal proceedings notice signed by Michael Moodian, the Judicial Commission’s chairman, had strong words about Carrozzo’s explanations.

“These statements and representations — individually and when considered together — were false, misleading and reflected a lack of candor with the commission,” the commission’s notice said, adding that they were sent on “attorney at law” letterhead.

The commission also accused Carrozzo of making “intemperate remarks — about judges, court staff, deputy district attorneys and the public defender — that could undermine public respect for, and confidence in, the integrity of the judicial system.”

Under commission rules, special masters appointed by the Supreme Court will conduct a hearing where parties can introduce evidence plus examine and cross-examine witnesses. 

After the hearing, the special masters will provide the commission with a report containing findings.

The judge faces removal, censure, public admonishment or private admonishment. Charges not proven would be dropped.

Carrozzo graduated from UCLA with a bachelor’s degree and then Loyola Law School. Following a stint in private practice, he served in the Army’s Judge Adjutant General Corps. He later joined the Santa Barbara County District Attorney’s Office.

In 2014, Carrozzo was appointed to the bench by Gov. Jerry Brown and serves in a criminal trial department in Santa Barbara. 

The notice of formal proceedings has prompted Carrozzo’s supporters to speak on his behalf, with retired Judge George Eskin calling him “one of the finest judges I know.”

“The contributions he has made to the Santa Barbara bench and community are remarkable,” Eskin said. “If he has made mistakes, he will acknowledge them, and I hope the commission will exercise sound judgment and restraint in assessing an appropriate resolution of its inquiry.”