Before going directly to our Saturday Morning Cartoon, here is a public service message from the archives of JCW.
Public Contract Code Section 100
The Legislature finds and declares that placing all public
contract law in one code will make that law clearer and easier to
find. Further, it is the intent of the Legislature in enacting this
code to achieve the following objectives:
(a) To clarify the law with respect to competitive bidding
requirements.
(b) To ensure full compliance with competitive bidding statutes as
a means of protecting the public from misuse of public funds.
(c) To provide all qualified bidders with a fair opportunity to
enter the bidding process, thereby stimulating competition in a
manner conducive to sound fiscal practices.
(d) To eliminate favoritism, fraud, and corruption in the awarding
of public contracts.
JusticeCalifornia
February 12, 2011
From Wikipedia
Racket (crime)
“A racket is an illegal business, usually run as part of organized crime. Engaging in a racket is called racketeering.”
“Traditionally, the word racket is used to describe a business (or syndicate) that is based on the example of the protection racket and indicates a belief that it is engaged in the sale of a solution to a problem that the institution itself creates or perpetuates, with the specific intent to engender continual patronage.”
Can the public and others take a look at all those amazing CCMS and court construction documents/contracts. . . .to see if they fall into these patterns of behavior/definitions. . .
judicialcouncilwatcher
February 13, 2011
When you posted the email mistakenly sent to you it indicated that the Marin Bar was a mutual benefit association and I was thinking to myself, the whole judicial branch seems like a mutual benefit association and I don’t mean that the same way he did.
JusticeCalifornia
February 13, 2011
Oh, JCW, I absolutely believe that Ron George and company have fostered a bench/bar relationship that is a “mutual benefit association” creating certain conflicts of interest. Here is another interesting e-mail, sent to then State Bar President Sheldon Sloan, right after that November 2006 “Summit of Judicial Leaders”.
From: Barbara Kauffman
Sent: Friday, November 10, 2006 6:53 PM
To: ‘ssloanlaw@aol.com’
Subject: Judicial conference mentioned in this month’s Bar Journal
Dear Sheldon:
I am an attorney in Marin County, California. I am writing about the judicial conference referenced by Chief Justice Ron George on page 8 of the November 2006 Bar Journal.
I was fortunate enough to attend multiple sessions of the Judicial Council of California’s 2006 “Summit of Judicial Leaders” held in San Francisco November 1-3. The Summit was attended by approximately 300 top court judges (county and state) and executive officers. Similar conferences have taken place across the country. I will be writing an article about the San Francisco Summit for the December edition of a local monthly newspaper, but wanted to immediately alert you to a real problem brewing for bar members called upon by state and local judges to “support an independent judiciary” by becoming “surrogates” and defenders of the judiciary.
A topic of discussion at the Summit was the use of judicial “surrogates” to send messages out to the public from the judiciary for election and other purposes. Suggested “surrogates” to support the judiciary included professional consultants and state and local bar associations.
The use of bar members for these purposes invites actual and perceived conflicts of interest. Any logical person could reasonably assume that bar members who go along with a) pushing judicial agendas; b) defending judges before whom they appear against public criticism and/or c) supporting judges before whom they appear for re-election will receive favorable treatment, and also reasonably assume that those lawyers who don’t go along with these things will be viewed with disfavor.
Bert Brandenburg from the Justice at Stake Campaign was a speaker at the Summit. He told the audience about polls revealing that 3 out of 4 Americans believe that campaign contributions influence judicial decisions. The polls also reveal that 1 in 4 judges believes this as well. He said that the public is “outraged ” at the idea that lawyers who appear before judges make campaign contributions to those judges. After the conference I went to the Justice at Stake website, and obtained those polls and confirmed the statistics. You can find them at:
http://www.justiceatstake.org/filterManager.asp?breadCrumb=5
An American Judicature Society brochure was handed out to conference conference attendees. The brochure states that “According to a recent national survey, 78 percent of Americans believe that judges’ decisions are influenced by campaign contributions.”
If the public is “outraged” about campaign contributions, imagine how they will feel about lawyers being used as “surrogate” mouthpieces for the judges before whom they appear.
If you want to see what will inevitably happen if the bar steps into a “surrogate” role for the judiciary, I invite you to take a look at what has already happened here in Marin where top members of the Marin County Bar Association have become “surrogates” , campaign contributors, and campaign treasurers for our local judges. I have attached hereto two letters I have written to our presiding judge about our bench’s financial and social ties to her husband’s law firm, and to lawyers who champion “the independence of the judiciary” in Marin in furtherance of their own careers. These letters were published in our little local monthly paper. I, for one, intend to continue to expose this type of conduct because it breeds corruption, not independence.
Sandra Day O’Connor spoke at the Summit about the unprecedented and growing criticism and attacks on the judiciary. If the national, state and local bench and bar support the type of behavior exhibited by the Marin bench and bar in alleged furtherance of “the independence of the judiciary”, it is going to compromise our judges, our profession, our reputation and the careers of some very fine attorneys who get drafted into being “surrogates”. It is going to give good judges and lawyers a bad name.
The bar should not be used as a surrogate mouthpiece for the judiciary. It compromises the integrity of both bench and bar.
Regards, Barbara Kauffman
SF Whistle
February 13, 2011
OK—-as I understand things—the CJ is scheduled to attend a meeting of the Marin County Bar Association on February 22nd…The Bar Association website indicates the meeting is at The Embassy Suites 12:00-1:30–
Can anyone, having read this very shocking letter…now 5 years old envision her scheduled visit being memorable for anything other than handing out “mutual” belated valentines?
The CJ has expressed no concerns about anything that has transpired in Marin—-Do not expect her to do anything other than expressing that “enough is enough” and now Marin Courts need to get on with their fine work—it will be memorable for praise, atta-boys and back-slapping….
JusticeCalifornia
February 13, 2011
Top leadership appears to have boarded an expensive runaway bullet train on the highway to hell.
In fact, some viewed Ron George’s November 2006 summit to have been his own special version of this classic:
And isn’t that the tune we hear Ron and Bill et al and Kim Turner singing, as they tell everyone that notwithstanding the CCMS and Marin audits, and the years of internal and external complaints, the branch will be run “business as usual”? Let’s see who stays on the doomed train, and who is smart enough to get off while the getting is good.
Here are the lyrics:
Living easy
Loving free
Season ticket on a one way ride
Asking nothing
Leave me be
Taken everything in my stride
Don’t need reason
Don’t need rhyme
Ain’t nothin’ I would rather do
Going down
By the time
My friends are gonna be there too, eh
I’m on a highway to hell
On the highway to hell
Highway to hell
I’m on the highway to hell
No stop signs
Speed limit
Nobody’s gonna slow me down
Like a wheel
Gonna spin it
Nobody’s gonna mess me ’round
Hey Satan
Paid my dues
Playin’ in a rockin’ band
Hey momma
Look at me
I’m on my way to the Promised Land,
I’m on the highway to hell
Highway to hell
I’m on the highway to hell
Highway to hell
Mmm, don’t stop me
Eh,Eh,Eh
I’m on the highway to hell
On the highway to hell
I’m on the highway to hell
On the highway to
Hell
Highway to hell
I’m on the highway to hell
Highway to hell
Highway to hell
Highway to hell
I’m on the highway to hell
Highway to hell
And I’m goin’ down, oh baby all the waa-ay-aay, wohh down down down
M-on the highway to hell
judicialcouncilwatcher
February 14, 2011
tsk tsk. I really liked that song. Now I’m going to think of judicial branch corruption every time I hear it.
JusticeCalifornia
February 14, 2011
Oh well. As far as I can tell, the above-linked AC/DC Highway to Hell youtube video has gotten almost 3,000 hits since yesterday. Maybe they get royalties.
JusticeCalifornia
February 16, 2011
And 6,000 more hits since yesterday.
I daresay Justice Cantil-Sakauye remembers this next song from her younger days. The visuals aren’t nearly as nice, but the message is clear. After the audit and today’s CCMS hearing, perhaps it will give her strength as she fills out those walking papers. . . Ron O., Bill V., Ernie Fuentes, Mary Roberts, John Judnick. . . .for starters. . . .
SF Whistle
February 13, 2011
OK—If we’re going lyrical here–may I suggest a fine Irish standard?
What do we do with a drunken sailor…..?
They’re drunk on power—arrogance—oblivious to all—we need a new designated driver at the AOC—-take-away-the-keys
JusticeCalifornia
February 13, 2011
Yes, as promised, Ron George went down the highway to hell.
And I want to give credit where credit is due.
Ming Chin has been Ron George’s wingman. Right there, all along, with Big Ron.
judicialcouncilwatcher
February 14, 2011
JCW wonders what rock Ming Chin climbed under as a result of the CCMS audit. Prior to the audit, there were a few people who ‘owned’ CCMS and Justice Chin was one of those people, along with Calabro and Mark Dusman. One paying attention might have noticed a greater overall diffusion of responsibility and accountability as a result of the audit. However, ‘ownership’ of this boondoggle landed squarely in the hands of Mark Moore.
JusticeCalifornia
February 14, 2011
And the new CJ, who I will wager is being carefully “coached” by Justice Chin.
Someone correct me if I am wrong.