By now, every state senator and assemblymember has been made aware of or have knowledge of the AOC’s construction, building maintenance and case management system programs. All together, these programs represent about 10 billion dollars in spending, they are all over the news and they sully the institution of the judiciary.
Made obvious by Mr. Child’s lobbying effort, the AOC has no intentions whatsoever to be bound by public contract code or any other fraud, waste, abuse or public corruption or whistleblower law you develop. Assemblymember Bonnie Lowenthal was entirely correct in her observations that the AOC leadership is challenging the legislature. I’ll go even further and say AOC management not only challenged them, they flipped them the bird.
Whistleblower laws were passed by our legislature to try to protect people and send a message to the AOC. The AOC flipped the legislature the bird by firing more whistleblowers. Some before the bill was signed into law, some afterwards.
The AOC looked at new whistleblower protections sort of like one might look at a small speed bump. The faster you go over it, the less you feel its impact. The message to our legislators?
Fuck off. We’re a co-equal branch of government. You can’t tell us what to do and if you try to pull any of that checks and balances shit, we’ll decry your efforts as being unconstitutional and blame you for inhibiting access to justice.
We call on the state legislature to permanently dismantle both boondoggles and remove them from the hands of the AOC. Transfer all court building responsibilities to DGS and de-fund CCMS in accordance with Assemblymember Luis Alejo’s request. Since even that has a loophole one could float a supertanker through, all CCMS activity should be snuffed out pending a complete auditable independent analysis of both the cost and benefits as well as the underlying code of the system. Even the U.S. Air Force was realistic enough to choose to end the F-22 program because they couldn’t afford two high-end warplane production lines.
This state has even less resources and a smaller budget than the U.S. Air Force. It’s time to start asking yourselves why would you continue to trust them to build what is currently vaporware for an estimated deployed costs floating around three billion dollars when you can’t trust them to change a light bulb or empty an ash tray affordably.
Its time to end the gravy train. Its time to end these two programs at the AOC. It is also time to install a huge undulation instead of a speed bump on the issue of whistleblower protections. This way, when they go to speed up they lose their undercarriage, exhaust system, etc.
Take the whole process of judging ones’ self out of the picture and ensure the last stop for judicial branch whistleblowers is not the courts but an administrative law judge at the state personnel board empowered to make an award. They gave you the bird. It’s high time to recognize that hold them accountable.
JusticeCalifornia
March 8, 2011
Top leadership and various others of those in the branch are out of touch, and out of control. They have engaged in bad, patently stupid and/or in some cases, some would say patently criminal activities– because they could. They have had no official oversight other than that imposed on themselves. Foxes guarding the henhouse.
As the AOC and Marin Court did with Marin’s horrific family court mediation files (block auditor access while shredding files like mad); and as the AOC reportedly did pending the CCMS audit (shred, shred, shred, leaving the auditor to repeatedly point out the lack of documentation), RG’s leftover top leadership is in survival mode. The handwriting is on the wall. The ship is going down. But before it goes down, it will try to finish its desperate ‘clean up’– to the extent possible. . . .
Get rid of incriminating documents and employee files. Continue cleansing the branch of whistleblowers and others who know where bodies are buried. Continue to brutalize those who complain, to the fullest extent possible. Create and disseminate disinformation. Do whatever it takes to buy time to finish the clean-up.
As far as I am concerned, what the branch is doing is engaging in systematic spoliation of evidence, obstruction of justice, and, some would say, outright down and dirty racketeering/RICO activity.
All of the problems we have seen have a common thread: The lack of a state law enforcement investigatory/prosecutory entity willing and/or able to step in and do what needs to be done. For example, we know the attorney general has declined to investigate various concerns, citing conflict of interest.
The legislature is stepping in, thank goodness, to do what it can. But as JCW has pointed out, top leadership is quickly graduating from thumbing its nose at legislative checks and balances, to flipping them off.
What has gone down requires additional intervention by law enforcement. We all know that. We know the federal and state legislatures have the authority to make laws subjecting the judicial branch to prosecution, and we know law enforcement has the authority to prosecute members of the judicial branch– see the RICO statutes and CA Penal Code sections 96.5 and 182. (there are likely many more such statutes, laws and cases, that an attorney who specializes in crimes involving public corruption would know about).
It appears to be high time for a special prosecutor to step in.
From Wikipedia, the free encyclopedia
“A special prosecutor generally is a lawyer from outside the government appointed by an attorney general or, in the United States, by Congress to investigate a government official for misconduct while in office. A reasoning for such an appointment is that the governmental branch or agency may have political connections to those it might be asked to investigate. Inherently, this creates a conflict of interest and a solution is to have someone from outside the department lead the investigation.”
Michael Paul
March 8, 2011
Some other terms I would coin to CCMS
Shovelware and Crapplet
But hey, what do I know. I’m just an ignerunt komputer injuneer.
I wholeheartedly agree with every point made by this post. I am disappointed to hear that the AOC continues to lobby legislators about public contract code.
I am disappointed to hear that the Chief Justice met with the building and constructions trade council and reversed their position from being for public contract code to being against public contract code under the premise that the sky is falling, promising a long drawn out fight where nothing will be built.
As earlier indicated, I’m only beginning to warm up. Its my hope that others contact their legislators and support the ten billion dollar reality check.
Michael Paul
March 8, 2011
Now I am warmed up 🙂
SF Whistle
March 8, 2011
JCW–
I agree with every bit of information in this thread—BUT—-what about the very natural question….???
WHERE THE HELL IS OUR “EXECUTIVE BRANCH” ???? Has Jerry Brown got blinders on? Is he out shopping for a new Plymouth Sedan to provide eyewash for the voting population?—-Is he attempting to work things out with Linda Ronstadt?
Everything going on in the Judicial Branch is screaming “crisis-corruption-abuse of power-mismanagement of funds-fraud-criminal activity…..” and Governor Brown is silent????
Do you suppose that he did not get the memo when he was the freakin’ AG?
I don’t see any mention of the third leg of our State’s precarious three-legged stool…?
It’s great to see some brave steps taken by a heroic few in the legislature–BUT—Governor Brown is looking like part of a conspiracy based upon his silence—-come on….is it a reasonable expectation that he is an innocent????—-If everything posted on this board has any validity at all—-Brown either knows every twist and turn, chapter and verse—or he was the most ineffective, “dumb-as-a-mud-fence” AG in the history of AGs
judicialcouncilwatcher
March 8, 2011
We’re going to try to refrain from making too many comments about Mr. Brown. It suffices to say he held the lawsuits Kamala Harris discarded.
judicialcouncilwatcher
March 9, 2011
In his latest editorial, Bill Girdner of courthouse news makes an observation of “The Borg’s Way” in which Justice Bruniers attacks Elaine Howle for reviewing the cost benefits analysis much like we did – on the fly.
I think its important to note that nearly everyone including us, torpedoed that cost-benefits analysis as the product of the aoc’s imagineering department well before Elaine Howle only confirmed what everyone else had already said.
If you wish to attack someone Mr. Bruniers I believe our bloggers were the first to tell others that this costs benefits analysis failed to meet acceptable standards under the circumstances and was fraught with wishful thinking. Everyone else came behind us.
______________________________________________________________________________________
In Star Trek, attempts to resist The Borg become one of the central themes, with many examples of successful resistance from assimilation targets.
I had always thought in our wide-ranging battle for press access in California’s state courts that we could appeal to the Judicial Council.
I presumed, not understanding the assmilating power of the Borg, that the council stood above the Administrative Office of the Courts. The higher body would determine policy and the lower body would execute policy.
Indeed, the names suggest as much.
The title Judicial Council brings to mind a group of judges in a council to make policy decisions. While the title Administrative Office of the Courts quite literally suggests an agency that administers those decisions.
But, like much in the land of the Borg, the bounds of power and reason do not hold.
Because I have heard employees of both the council and the administrative office say they work as one. And they say clearly that they have but one boss. That boss is Bill Vickrey, head of the administrative office. Judges who have served on the council confirm that upside down world of the two bodies where power lies with the administrators.
You can read the balance of the article here.
judicialcouncilwatcher
March 12, 2011
Our CCMS woes have gone national and are being carried on the AP wire. Here is a Paul Elias (local AP reporter) story from the Seattle Post Intelligencer-
http://www.seattlepi.com/national/1110ap_us_california_courts_computer_mess.html
Kicking the hornets nest
March 13, 2011
We all know ” if you repeat something long enough it becomes TRUTH” ,this is my degree and profession and I don’t seem to be able to answer this question. how is it the CA Judiciary is truly a “co-equal” branch of government.
Kicking the hornets nest
March 13, 2011
Sf whistle:
1972 Governor Ronald Reagan appointed Ronald George to the Los Angeles “Municpal court” following that 6 year appointment
1977 Governor Jerry Brown Appointed Ronald George to the Los Angeles “Superior court”. Think Nepotism / Cronyism and there’s your answer.
JusticeCalifornia
March 13, 2011
Leaving aside the controversial Jerry Brown issue–
So many of us agree and are saying the same thing: What is going down in the branch is criminal. Construction, computers, jobs, appointments, family court irregularities. . . .
Perhaps we should be organizing a unified, joint meeting with our new attorney general– as a first step.
If we get nowhere, we can organize a unified mass (peaceful, lawful) protest (and/or a series of smaller protests) demanding a special prosecutor.
Last October we had a good turnout in Marin, and beautiful signs, and that was just about the family court services mediation document destruction.
We could have a “FOLLOW THE MONEY– STOP COURT CRIMES/WASTE” or “STOP COURT CROOKS FROM ROBBING TAXPAYERS” campaign. Corruption is all about the money, so follow the damn money.
It is just silly to think that the terrific financial waste — of which we probably have only seen a glimpse– is a result of a bunch of big mistakes.
In either case, the public has the right to know whether a) crooks or b) bumblers are wasting their money.
We are seeing a great big and growing group of people who are very unhappy with the branch leadership and its idiotic (and that is being charitable) response to whistleblowers (anger, denial, and retaliatory attacks on the messengers); investigations (blocking access to information and shredding documents, and/or providing disinformation); objective reports (anger, denial, and retaliatory attacks on the messengers); and legitimate suggestions for change (anger, denial, and retaliatory attacks on those suggesting change).
And we also have an increasingly aware and attentive press. . . . . .Heck, a great big but peaceful/lawful demonstration in SF at the Civic Center park or Sacramento at this point could bring in national TV/press.
JCW has a very creative group of interested writers and readers who could undoubtedly be very helpful in carrying out such an endeavor.
When the walls come tumblin’ down. . .
Kicking the hornets nest
March 13, 2011
Nicely written justicecalifornia!.I’ve been giving some weighted thought to organizing a Statewide peaceful group or groups (not just thinking about it but meeting with DV groups, childrens advocate groups, mens groups, ADA etc… SFWhistle filled the tank with ideas)… As now, there is a march planned May 9 at the capital Sacramento
JusticeCalifornia
March 14, 2011
I am aware of that Mother’s Day event (the goal is 1,000 participants) and this morning have made an inquiry as to whether that would be a good fit for a broader protest. Even if not, it would be interesting to have a separate protest/demand for a special prosecutor that same day– because there would be a common thread– concerns about the branch and where money is flowing. . . .
SF Whistle
March 14, 2011
There has been much written about the role of “social media” in Tunisia, Egypt, Libya….throughout the Middle East–It is reported that a small group of bloggers launched the change that has occurred….The truth is that a single outraged 26 year old fruit vendor in Tunisia setting himself on fire in the street started the dominos toppling—
NOTHING HAPPENED—-UNTIL PEOPLE TOOK TO THE STREETS…..
I truly want to believe that winds-of-change may be brewing with regard to our troubled Judicial Branch…..but I would suggest saving the back-slapping and high-fives until there has actually been change. Most certainly there has been a little bad press….there have been audits…
WHAT ARE THE “DELIVERABLES”…? CJ “mini” punches back and informs legislators not to meddle, or interfere with the independence of the judiciary—-the family court audit identifies issues in Marin and Judge Boren informs the public his court has been exhonerated?—-There have been no firings, no resignations—no changes in CCMS—no changes in court construction—
I suggest the celebration over court reform be placed on hold until it has occurred…?
There will be NO reform until there is unified, organized opposition— A VOICE…DEMANDING CHANGE—-
JusticeCalifornia
March 14, 2011
Got back the answer to my inquiry about May 9:
“It wouldn’t be a good event to try to cover all the other corruption. . . We need another demonstration for the CCMS etc. [disgusted comment about our CJ defending Vickrey in the NYT deleted].”
SF Whistle
March 14, 2011
I agree that a protest on Mother’s day is not a proper time to call for a broader protest—anymore than a protest on Father’s day—
HOWEVER—-ONCE WE ARE ABLE TO GET BEYOND HALLMARK CARD HOLIDAYS AND RECOGNIZE THAT FATHER’S GROUPS—MOTHER’S GROUPS SHARE A VERY COMMON PROBLEM—-A CORRUPT COURT SYSTEM–
We need to recognize that there is power in unity—-power in organizing—power in taking to the streets and demanding REFORM—-DEMANDING AN END TO CORRUPTION—-DEMANDING A JUDICIARY THAT FOLLOWS THE LAW—