Penis Pump Judge

The trial of the judge who allegedly used a penis-pump seems very odd to me. I have appeared in one courtroom and been in a few more - and in all of them, the judges bench was fully covered, so you could never see the judge's legs. So I am not sure how anyone would have seen the judge expose himself. This begs the question, then, if no one can see you - can you be charged with indecent exposure? Perhaps the judge acted in bad taste, but to charge him criminally seems far reaching.