An Orange County judge’s controversial comments in a rape case, which drew a public admonishment from a state oversight board two years ago, have now drawn the judge a challenger in the June 3 election.

Helen Hayden, a lawyer from Laguna Beach, said she decided to run against Judge Derek Johnson because no one else had.

“To me, it’s kind of stunning that no one would bother to file against a sitting judge who’s been publicly admonished,” Hayden said.

Johnson and Hayden are competing for a six-year term on the Superior Court in a seat Johnson has held since 2000.

Hayden’s campaign centers on Johnson’s remarks in a 2008 rape case. He imposed a lesser sentence than the prosecutor sought, saying the lack of physical injury to the victim suggested she “didn’t put up a fight.” He also said a woman’s body “shuts down” if she is unwilling and will not permit sexual intercourse unless there is enough force to cause serious damage.

Johnson, who lives in Newport Beach, was admonished in 2012 by the state Commission on Judicial Performance, which said the remarks “reflected outdated, biased and insensitive views.”

Hayden, 52, filed to run in early February and said she did it mostly to send a message that someone who behaved like Johnson should be challenged. She said his conduct shows he does not have the temperament to be a judge.

But as she signed a form at the registrar’s office, she said, she realized it would be wrong to file and not campaign as hard as she could. After thinking and talking to her husband, Hayden decided to try to win, not just send a message.

Hayden, who works as general counsel to insurance companies, has aired radio ads critical of Johnson and said she hopes her website and social media presence will get people to take a look at a race that’s usually obscure.

“Anybody that I’ve had an opportunity to get the message out to supports me,” she said. “But obviously it’s hard to get a message out to a million and a half voters.”

Johnson, 63, did not respond to repeated requests for an interview made over more than two weeks through his campaign, his courthouse office and his political adviser.

His adviser, Scott Hart, pointed to Johnson’s rating of “well qualified” by the Orange County Bar Association, the second-highest rating. The association called Hayden “qualified,” a rung below Johnson.

On his campaign website, Johnson lists endorsements from dozens of attorneys and a slew of elected officials, including District Attorney Tony Rackauckas and 35 fellow sitting judges.

One Johnson supporter, attorney Kate Corrigan, said the rape comments were “a mistake” and out of character for a judge she called hardworking and fair.

The race is nonpartisan, but Johnson is a Democrat and Hayden is a Republican.

Rape comments

During a June 2008 court hearing, Johnson rejected the prosecutor’s request for a 16-year sentence. Instead, he gave the defendant, Metin Gurel, six years on convictions for rape, stalking, criminal threats and other sexual offenses.

The judge began his explanation of his sentence saying he’d spent a year and a half prosecuting sex offenses in the District Attorney’s Office.

“I know something about sexual assault. I’ve seen sexual assault,” Johnson said, according to the Commission on Judicial Performance. “I’ve seen women who have been ravaged and savaged, whose vagina was shredded by the rape.

“I’m not a gynecologist, but I can tell you something: If someone doesn’t want to have sexual intercourse, the body shuts down. The body will not permit that to happen unless a lot of damage is inflicted, and we heard nothing about that in this case. That tells me that the victim in this case, although she wasn’t necessarily willing, she didn’t put up a fight. And to treat this case like the rape cases that we all hear about is an insult to victims of rape.”

The judge added that he found the case “technical” and said, “It’s more of a crim law test than a real live criminal case.”

Johnson apologized for his comments and said they were inappropriate. But he told the commission they resulted from his frustration with the prosecutor, whom he believed was seeking a sentence greater than that allowed by law.

The commission voted 10-0 to admonish Johnson and wrote, “Such comments cannot help but diminish public confidence and trust in the impartiality of the judiciary.”

Debate over experience

Corrigan, a veteran criminal defense attorney who has headed local bar associations, said Johnson has earned her respect by being thoughtful in explaining his decisions and listening carefully to both sides.

Unlike some other judges, she said, he takes the bench promptly at 9 a.m. and doesn’t disappear for long breaks.

Speaking of his comments in the rape case, Corrigan said, “That is not the way he typically conducts himself.”

In his official candidate statement, Johnson cites a civility award he received from a local attorneys group. The award went to the judge “whose manifest regard for the litigation process and consideration for its participants promote universal respect for the judiciary.”

Questioning the value of Johnson’s endorsements from lawyers, Hayden said, “His support is basically from people who appear in front of him.”

Johnson’s website says his 14 years as a judge were preceded by years as a civil litigator and an Orange County deputy district attorney.

Hart said Hayden lacks courtroom experience in Orange County. Hayden said she has not appeared in cases here often and has not practiced criminal law.

But she said she has practiced all over the state as a civil attorney and has experience in insurance, real estate and mergers law, along with volunteer service as a temporary judge in the Los Angeles County Superior Court.

She said the bench should have judges experienced in all areas of the law, not only criminal law.

The winner of the race will begin a six-year term as judge Jan. 5. A judge’s annual salary as of June 2013 was $178,789.

Contact the writer: 949-229-5950 or ehartley@ocregister.com