Sometimes a good op-ed can’t wait. -JCW
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By Michael Paul
Jerry Epstein and Redmond Doms are two concerned taxpayers not unlike myself that , not unlike myself, filed taxpayer lawsuits to stop the illegal enrichment of private entities.
The Governator is in dire straits and hard pressed to show any of the promised savings derived from all his years as Governor. The AOC has been granted 5 billion dollars in bond money that comes from bonds that have yet to be sold to fund the construction and acquisition of court facilities. My complaint has to do with the lawless construction activities that result in the fraud, (bid rigging, bid steering bid shopping) waste and abuse of public construction funds and illegal enrichment of private entities.
It seems to me that since the AOC has taken the position that they object to the sale of the civic center complex and Ronald Reagan state building in L.A. to a private developer with a guaranteed 20 year leaseback, that the Governor and Legislature could legislatively re-allocate 20 years of equivalent rent payments out of SB1407 funds for the AOC to purchase these structures and bring many new courthouse construction projects with questionable costs to a screeching halt.
The remaining money left over from the bond sale with the AOC leasing back the buildings to other state tenants and becoming the landlord of these buildings solves the Governors issues, solves Mr. Epstein’s and Mr. Doms issues and goes a long way in solving my issues by taking slated courthouse construction off the books. Other construction funds can be re-allocated to support local court operations and finish those projects that have already broken ground. In my opinion, this would be a permissive and more favorable use of SB1407 funds until such time that the legislature and new governor have a chance legislatively re-define the obligations of the AOC with respect to their construction activities. Towards that end, I have lofted this suggestion to a very receptive audience in Sacramento and hope that you will join me in calling for the re-allocation of SB1407 funds in this manner.
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Michael Paul is a former Senior Technical Analyst for the California Administrative Office of the Courts. He is also a plaintiff representing the taxpayers in a lawsuit against the AOC and is attempting to bring an end to courthouses that cost $1,910.00 per square foot to build, ashtrays that cost $175.00 to empty, lightbulbs that cost $150.00 to change and flags that cost $1,000.00 to drop to half-mast.
He can be reached at michael_paul <AT SYMBOL> michaelpaul.net
Judicial Council Watcher 
Michael Paul
December 21, 2010
JudicialCouncilWatcher,
While I enjoyed the creative byline that does state what I initially set out to achieve, it’s becoming evident that this worthy and credible goal is unachievable by the likes of me. It takes legislators in Sacramento, it takes political pressure from the media that seemingly gets beat up by the AOC and its supporters for every story that does not portray them in a positive light and it takes the balance of the judiciary to change the system and address the questionable processes. Organizations like the Alliance of California Judges must be far more vocal about the concerns we share and they have been silenced by my litigation.
I believe it also takes the Feds to do their job as the law enforcer of last resort over the AOC. My taxpayer lawsuit has silenced the entire state and all three branches of government. This was an unintended consequence that must be undone because the needs of the many, the judiciary, the people of the state of California, outweigh the needs of the few (namely me) and the discussion takes precedence over silencing the entire government with litigation on the issue.
Policing the AOC is not my job. I did my duty for the state of California and reported false claims in excess of $40 million dollars. A small portion of which I expect to be recovered while the rest is carefully whitewashed and these unbelievable, unconscionable contracts are extended to these clowns for another 10 years.
For calling attention to this morass I have permanently lost a projected 4 million dollars in future wages, benefits and pension money. I am informed that there is a government code that says if I was fired in one state agency, I am unemployable in any state agency – as an employee. For the people in the AOC and throughout the California Court system, these are all real good reasons to look the other way while all of this is happening. Alternatively, do not pass go, file a complaint with the FBI and say nothing more of it. Ever.
Initially, I thought about filing suit over wrongful termination because I legitimately reported false claims to the state. I was clearly terminated in violation of Government Code 12653 and I know that the revocation of my permissions on December 15, 2009 was also a retaliatory move to ensure that I could not investigate further. I came forward because it was the right thing to do and I did this to save the state money.
Similarly, I don’t wish to cost the state money as a result of a wrongful termination lawsuit. I do however wish to have a job and under the circumstances, would love to have an AOC oversight job if one ever becomes available, even if it is working with the local courts on their behalf to ensure that the AOC is getting you what you need in your courthouse plans. You would find me a very affordable, well versed consultant in all technical areas of building construction and technology. The reason the AOC employed me in the first place was due to this diverse experience.
Maybe some day, some one will recognise what I tried to do over the last four years to call attention to these patently illegal acts or maybe the state might show its appreciation with a cash reward to compensate me for what I gave up to call your attention to these matters but at this time I see no reason to perpetuate being a burden on the people of the state of California by filing another lawsuit.
judicialcouncilwatcher
December 22, 2010
Looking at the lawsuit online, it appears the taxpayer lawsuit was dismissed with 10 days leave to amend it and prove that current or future waste will occur. Given that you likely don’t have a crystal ball that is amenable to the powers that be, this is a disappointing development. So the AOC will apparently slip by with a sham lawsuit against the unlicensed contractors and then extend their contracts for another 10 years with a sham RFP. How in-your-face arrogant can things possibly get?
Does this mean you are dropping the taxpayer lawsuit?
judicialcouncilwatcher
December 22, 2010
According to Mary Roberts position in the last judicial council meeting regarding the raiding of trial court trust funds, it is okay because the trial courts did not explicitly object and therefore implicitly consented. I wonder how many trial courts are going to explicitly object to an RFP that guarantees they will be paying for no bid, cost plus work. After all, its now well established that a failure to explicitly object is implicit consent.
judicialcouncilwatcher
February 10, 2011
While it was a good train of thought, our new (wiser) governor has chosen to abandon the sale of state buildings.