The judicial council’s blessing of overtly criminal acts, committed right under everyones’ nose and in plain sight was what got us riled enough to do something about it, enough to do something to expose it and enough to do something about bouncing those out of office those that had anything to do with it. Our position is that just because no one exists to prosecute a criminal act does not make it any less of a criminal act. Ignoring the criminal act does not make it less of a criminal act.
Just because the act happened in the judicial branch, a branch of government that lacks effective checks and balances by the other two branches of government, a branch that lacks any internal controls that would bring anyone to justice over criminal acts does not make these criminal acts any less of a criminal act. The challenge is that most of us can place our finger directly upon pertinent sections of California code that defines specific judicial branch undertakings as criminal acts. The destruction and/or modification of court records. The use of unlicensed contractors. Overpaying those unlicensed contractors for work performed. Endorsing a company that has been sued by many for their lack of coding competency, is many years late on application delivery with costs that are spiraling out of control. A CCMS application that will make violating the law effortless. Some of the world’s most expensive public buildings on a per square foot basis. Exemptions to the public contract code. SBx211 prosecution exemptions that are so broad in scope that it could be argued that kickbacks from any of this that originated as public funds could be construed as an official act. No transparency. No accountability at any level. Hundred thousand dollar embezzlements (that we know of) go without prosecution. Likely much more embezzlement or kickbacks that are off everyone’s radar that represent the part of the iceberg hidden under water. Conflicts of interests that are ignored. Assigned judges that have been assigned for eighteen consecutive years. A finance director that jumps ship when all fingers point his way.
And you want to continue to believe that this is all coincidence? All a mistake, all a minor oversight?
The facts of the matter are that everyone is witnessing a train wreck of epic proportions in motion. Some wish to discount everything written above and side-step the issues. ABC News statewide has produced and compiled about thirty stories related to all of this. Courthouse News has compiled over thirty stories relating to all of this. We have produced over two hundred stories relating to all of this. We are all in universal agreement, standing by, documenting and reporting while this all plays out. We’re standing by because we can’t get the information necessary to do our jobs. Nobody is willing to publicly go on record and say “this was an unlawful act” other than whistleblowers. Judges certainly can’t do this. Attorneys are at risk if they do do this. Legislators won’t do this. Yet there are billions of dollars in taxpayer funds that are at stake. Taxpayer funds that can keep courts open and accessible to the public. Taxpayer funds that can be better spent if controls involving transparency and accountability were in place. Taxpayer funds that might be saved if the same open government laws that apply to everyone else apply to the judicial branch acting in an administrative capacity.
There’s another aspect rarely mentioned. Being an accessory to a crime because it happened in your office, under your watch and all you did was ignore it. You didn’t ask the difficult questions, get straight answers or hold anyone accountable. You swept it under the rug with another version of the truth.
This is just some of the reasons why we see our chief justice involuntarily leaving office next year.
While judges across this state can see the same things we all see, how are those judges reacting to them? Respectfully submitted for your consideration: If these judges don’t see the problems it is because they are most likely an integral part of the problem and in that we have a real problem indeed. Most government agencies would have cleaned up all of these problems by admitting fallibility, holding people accountable and changing their ways, yet this government agency goes to unusual lengths to convince others that there is nothing wrong, that all is well, that $1,900.00 per square foot actually equals $637.00 per square foot. That CCMS is and has been on track and is and has been well managed. That it is perfectly legal for the court clerk to have no control over their court records located in Arizona. That there is more to changing a light bulb for $300.00-$2,500.00 than meets the eye. That there is no merit whatsoever to any whistleblowers’ complaints. That district attorney turned attorney general doesn’t prosecute public embezzlement cases. That it is okay to modify or destroy court records. That it’s perfectly okay to knowingly steer obscenely priced work to unlicensed contractors. That it is perfectly okay to have the investigator of these acts be the guy who reports to the department head or judicial council member that committed them.
When there is no line in the sand, when there is no margin of accountability whatsoever, it is not just an individual that becomes the subject of the attack for it is not just the individual that is perpetuating malfeasance. It is the institution itself that comes under broad attack, causing everyone to question everything. This, in turn causes intense media scrutiny because we can all see the elephant in the room.
The public doesn’t care much about judicial branch cuts because that lack of care is their way of taking their pound of flesh out of a system that took a pound of flesh out of them, sending that ticket out to collections, suspending their license, etc because they had to accept a job that was a fraction of what they were paid before or they loathed to spend several days in line to try and resolve it, which might be more expensive than the civil assessment and ticket combined. The public has no love for trial courts.
Unlike other media companies, we’ve endeavored to suggest resolutions. The Alliance of California Judges has endeavored to suggest resolutions. There appears to be a lack of willpower to get together, mobilize and impose these resolutions.
The number of people who have RSVP’d our meeting request to organize as a force can be described as very disappointing, yet about two hundred people in the surrounding area stand to lose their jobs in 27 or so days. Not a single one of those individuals losing their jobs has RSVP’d. If you are available next Wednesday @7:30 PM and can travel to downtown Oakland, we want to hear from you. Send us an email at judicialcouncilwatcher@hushmail.com this weekend.
unionman575
August 20, 2011
JCW you nail it when you state: “The public doesn’t care much about judicial branch cuts because that lack of care is their way of taking their pound of flesh out of a system that took a pound of flesh out of them.” That is what we are up against as labor unions, as trial court employees, and judicial branch employees. We provide vital services to the citizens of this state. How do we get that message out and attempt to effectuate immediate change? Thank you JCW for helping to get the word out!
keeping the faith
August 20, 2011
Where in downtown Oakland will the meeting take place? The issue I see with lack of interest in the meeting is that so few people know about it.
As you know there are many courts/counties in the Bay Area, is there anyway for the word to get out to the heads of the unions and shop stewards to inform them of the meeting? This way the could get the word out to union members. Just a thought.
anna
August 20, 2011
Union man, you do it be suing the AOC if you are an employee of theirs. Yes, its a whistle blower action. However, your lawyers have to plead the AOC is an administrative body and that they are engaged in illegal activity. You have to inform the criminal authorities, etc.
The only way the press will be interested is if you file a lawsuit. Your lawyers have to be willing to take an appeal. They will have to bone up on jurisdictional issues. Go to your legislative representative, and explain that this is being done by the “Administrative offices of the Judiciary and that they do not have immunity!!!!!!!!!!!!!!!!!!!!
Those of you who are trial employees and judicial employees, you have the same rights as any employee that works for the govt. Whatever lawyer told you otherwise is LYING!!!!!!!!!!!!! They are just too chicken to take on the govt. Your union rep is required to report this. Use them!!!!!!!!!! Your union reps should know your rights, if they are not to afraid of retaliation.
However, usually union contracts do not cover FEHA Claims or whistle blower activities, and that is why you have an actual individual lawsuit. This is not something that the union can pursue. They do not have any control for illegal activities of the AOC or the judiciary. That is why you have a individual right to sue. It sounds like a lot of people on the inside have the interests of the public at heart, however, some of the comments here reflect some outrageous legal advice. If your are going to lose your jobs to cut backs, what do you have to lose?????
Get together and file a whistle blower lawsuit, and state that you are all afraid of retaliation. My God, I can’t believe the employment bar is this stupid. Look up the Case the Phil Kay filed against Peoplesoft, and the retaliation suit therein. Protesting, will not get the press involved. Go for it though. Meet together, discuss your options. The people on the inside have the most clout. Their Statute of limitations are still running. The judicial branch of govt. is not immune, however much they keep saying that. If that were true no judge would ever have been held accountable for illegal activity.
Nola press puts out a labor book on rights of employees in this state. Read it. Those rights extend to every employee in this state. Just because you work for the judicial branch, you are not a slave or a second class citizen of this state. You have the same rights as everyone else. The Statute of limitations might be less, [I’m not sure] contact Rubinoff and Horowitz, they are the best legal council for gov’t employees. there is more than one way to skin this cat!!!!!!!!!!!!!!
anna
August 20, 2011
In addition, those of you who are employees, go into your break room and read the FEHA poster on the wall!!!!!!!!!!!!!!! If you need to file a claim with them DO IT. It will preserve your claims and they will give you a right to sue letter. You have much more clout than you realize. Those of you who have lawyers explore Raley claims. Good luck.
anna
August 20, 2011
I apologize for the misspelled “council” when it should have said counsel.
MrsKramer
August 21, 2011
Court employees who have done what they were told, even when they know it was not right, should also realize that they do not have the same immunity from damages caused, as the judges and justices do. Nor does the CJ have the authority to grant them immunity.