Good Afternoon California,
This is chatter – unconfirmed intel from the trenches we’re looking for you to confirm or add upon-
From last weeks CEAC/PJAC meetings we hear this unconfirmed scuttle:
1) The AOC has made it clear that the CCMS implementation money reserved for the CCMS pilot courts is just that. Implementation money reserved for the CCMS pilot courts. Apparently the AOC’s position is that after you have spent a half billion dollars on this program, you’re not entitled to it unless you agree to keep on paying or you can convince the legislature to pay your way. In the meantime, you’re still paying for CCMS development. Courts that already paid are being told they must pay for implementation the AOC way and must pay for licensing and hosting and agree to clawbacks out of their own court budgets.
2) Because Tonto wishes to deflect criticism away from the AOC, he informed others that he intended to release the amounts held in trial courts reserves “tomorrow”. (This was last week. ) He intended this to be a raw release of information that does not include reserves that are already encumbered as future expenses and non-discretionary reserves mandated by the Judicial Council. This caused quite the uproar as the reserves held are already encumbered. In response, the borg collective suggested that each trial court report to the AOC exactly how their reserves are encumbered, which caused a whole lot more fuss because trial courts must do quarterly reports that include this information and upload it into Phoenix. When the borg collective was asked why they couldn’t just print their own reports out of Phoenix, the borg’s reply was that the system that is designed to collect the information has no method of disseminating that same information. You would think with nearly a hundred people in that division, they could find a way to extract information already reported to them.
Why do they call the program Phoenix? Because the useless program requires routine resurrection from the crash and burn ashes with what it cannot effectively do.
3) Mary “the lizard” Roberts and Tonto were alleged to have been slapped around a bit for giving flippant answers to judges
4) The Borg collective has determined that the Strategic Evaluation Committee, the committee formed to deflect criticisms away from the AOC while it evaluates them should have their recommendations forthcoming by next summer. This will allow the AOC to live through several more rounds of anticipated budget cuts unscathed while trial courts continue to be decimated well into next fiscal year.
Of course the California Trial Lawyers Association (whoops, that was their slime name of yesteryear…) the Consumer Attorneys of California are still beating drums looking for the trial courts to spend all their reserves before they go to the legislature hat-in-hand.
What will occur when these legislative aides point to the elephant in the room that our dear trial lawyers are ignoring? Shame on the trial lawyers and the bar.
__________________________________________________________________________________
Judge Katherine Feinstein released this letter to the AOC yesterday.
More on the letter from Maria Dinzeo of Courthouse News – San Francisco PJ slams bureaucrats on crisis.
Based on this letter, we must be counting non-business days in our countdown. We have 24 days left and Judge Feinstein has 38 days left. October 3 is dismantling day. Will the legislature act upon AOC’s funding before it is too late and save court jobs?
Judge Feinstein’s letter does well to also explain that not only are workers being let go but management is also being let go.
What has us curious is this mandatory reserves the JC requires each court to maintain.
If you can add anything to the above, we are interested in hearing from you.
Wendy Darling
August 23, 2011
Published today, Tuesday, August 23, from Courthouse News Service, by Maria Dinzeo:
San Francisco PJ Slams Bureaucrats on Crisis
By MARIA DINZEO
http://www.courthousenews.com/2011/08/23/39205.htm
Long live the ACJ.
mrskramer
August 23, 2011
“some courts, San Diego in particular, are pushing ahead with building and technology projects.”
I bet they are! Can show what San Diego is doing with their computer system…to cover up that some key justices have aided with $$$ insurer fraud by practicing CCP 425.19 Among other odd computer entries & docs, I have a Remittitur that does not match the Certificate of Interested Parties that does not match entries made in the appellate computer file of who was disclosed/not disclosed as a party to the litigation. Cronyism at it finest!
I am a nobody and have come to learn from this board, they do this stuff to people all the time.
But, I am completely amazed that a JUDGE – an elected official – could ask for documentation from AOC and not even get the courtesy of a reply when they missed the date they stated they would deliver after stalling to begin with. Let’s see if Katherine Feinstein even gets a response. I think its 50/50 if she even will.
Courthouse Mouse
August 23, 2011
My coworkers and I are quite concerned with this impending deadline. While our particular county, Contra Costa, hasn’t had to give out pink slips (that we’ve been told at least) it’s mind-boggling to think of any further staff cuts. Our branch’s Civil department has two staff members. Yes, two. Traffic, six. Criminal, four. We run on a 6-8 week backlog as it is.
I feel really bad for what is going down in San Francisco. Not sure what else to say about it. Kinda like a death in the family.
Nathaniel Woodhull
August 23, 2011
I can confirm that Katherine Feinstein sent a flamethrower yesterday to the Chief & JC ripping them! The missive reflects that the SF lay-offs are a direct result of the actions of the JC and that SF was prepared to lay off over 100 staffers in 2010, but were told not to by the Head Honchos at 455 Golden Gate Avenue. Essentially, and correctly, PJ Feinstein is blaming the JC for the current woes of SF as they wanted to deal with the issues last year and were told “not to worry”.
Judge Feinstein has exceeded my expectations! She is delivering the message that many of us tried to deliver up to a decade ago. Difference is, she is the daughter of a US Senator, so it is a little harder to marginalize her than some of the rest of us.
It’s close to an all-out rebellion within the PJ’s of California (finally!) and I don’t think HRH Tani, aka: Teflon Tani; aka: Minnie-Me; can continue to pursue business as usual.
Additionally, the responses that Art Scotland has received from many of us throughout the State has been nothing short of brutal. He promises that an un-redacted report will be submitted to the Chief and JC. If true, the course of the current tides must change.
Hats off to Katherine Feinstein for showing the guts to stand up to the Borg. Pretty much anyone else would have been “marginalized” by the collective. Kind of hard to do that to someone whose Mom is a US Senator.
Keep the pedal to the metal!
Wendy Darling
August 23, 2011
Note to Judge Feinstein: The next time the AOC offers you/the San Francisco court advice, just do the opposite of what the AOC advises and you will have a better result.
Probably a good rule of thumb at this point for everyone else too.
Long live the ACJ.
Attractive Dissenter
August 23, 2011
I can confirm that the lizard and Tonto did diss the SF PJ. And yes promises were made to shut us all up, but as usual the AOC has not delivered. It is also apparent that Tonto wants the Director job. I suppose he is hoping that his next few months of “leadership” while trying out the job will make us forget his last couple of decades of lying and incompetence.
keeping the FAITH
August 23, 2011
Hats off to the PJ of SF. She speaks nothing but the TRUTH! And yes, its hard for the shady crooks @ 455 Golden Gate Ave to dismiss her, because she is after all her mother is a US Senator!
There are many who believe that a lot of pressure is being put to the AOC and its only a matter of time before they break. :).
What the folks there need to realize, is that its not a coincidence that Geore and tricky Vickery left. The know that when the crap hits the fan, fingers will be pointed and blame pointed to everyone left. Too bad those left, can’t see the forest for the trees.
tony maino
August 23, 2011
Why do they call it “Phoenix”? If my memory serves me correctly this was a CIA/US Army/South Vietnamese Intelligence Service program that took into custody about 85,000 civilians and about 30,000 of these were killed.
The CIA has never fully opened the books on this program. It was run by nameless bureaucrats. There was never a proper cost-benefit analysis of the program. It was driven by ego and suspicion. It acted extrajudicially. It had people on its blacklists. It resisted any Legislative investigation into its operations. What it cost and what it spent and for what is not kown to this day. Does any of this sound like the JC/AOC ?
Methinks someone at the AOC has a real sense of humor.
keeping the FAITH
August 23, 2011
JCW, what’s up with the question mark in the middle of my comment? Just asking.
Judicial Council Watcher
August 23, 2011
Que? I only see a question mark in the middle of the above comment after the word comment. Maybe… look at it in a different browser and see if it still appears? Internet Explorer doesn’t like wordpress for long comments since they integrated social networking logins.
unionman575
August 23, 2011
See the link above for the details on the Judicial Council’s “Fund Balance (Reserve) Policy”.
At its October 20, 2006 business meeting, the Judicial Council adopted a “Fund Balance (Reserve) Policy”. The policy requires courts to do the following:
Report year-end fund balance according to certain categories and subcategories, and
Set aside a minimum amount for operating and emergency purposes based on a specified formula.
unionman575
August 23, 2011
1. Operating and Emergency
Each court shall maintain a minimum operating and emergency fund balance at all times as determined by the following calculation based upon that fiscal year’s total actual unrestricted general fund expenditures (excluding special revenue, debt service, permanent, proprietary, and fiduciary funds), less any material one-time expenditures (e.g., large one-time contracts) of the previous fiscal year.
Annual Actual General Fund Expenditures___
5 percent of the first $10,000,000
4 percent of the next $40,000,000
3 percent of expenditures over $50,000,000
If a court determines that it is unable to identify in its annual budget the minimum operating and emergency fund balance level as identified above, the court shall immediately notify the Administrative Director of the Courts, or designee, in writing and provide a plan with a specific timeframe to correct the situation.
Judicial Council Watcher
August 24, 2011
Thank you unionman575 for your research. We always like it when we learn something new as it is a sure sign we’re not pushing daisies from 6 feet under.
courtflea
August 23, 2011
Good one TM! My take on the name Phoenix is that it rose out of the ashes of the “CARS” system. Another take on a good sense of humor.
Yes, Judge Feinstein’s complaints about the AOC’s recommendations to her court and others is spot on. As I mentioned in earlier postings here or on the AOC Watcher, they did the same thing with what the courts finally received and is a benefit that the legislature and state departments get: additional funding each year based on the CPI, population, cost of living, etc. Sorry I cannot recall the accronym for this funding. The AOC urged the courts to spend this new funding on on-going spending (not one time) in order to prove to the legislature and gov, that such funding was an absolute necessity to the courts. and of course when the funding was taken away from the branch, the local trial courts were left holding the bag. The same is true for spending down a courts reserves so the legislature does not think the courts are sitting on a pile of money.
While Wendy Darling is correct in her advice, the problem is that at the time the AOC is making these recommendations, you better do it or risk future funding for your court in the future or some other such penalty. As we have all read heare, the AOC is very famous for its punitive actions to courts or individuals that do not play along.
lando
August 24, 2011
Essentially it is all starting to unravel at 455 Golden Gate. General Woodhull is right. Finally, many are taking notice of what a number of us have raised as serious concerns for the last ten years. PJ Feinstein’s letter to the JC/AOC is compelling and powerful. Enough is really enough. Why should the San Francisco Superior Court have to lay off 200 staff when the AOC continues to employ about 100 people in their judicial education division or over 60 in of their Office of General Counsel. I remember the days when maybe 10 people staffed those divisions and things ran just fine. The key here is understanding that the AOC only exists to serve itself not the trial courts and not the citizens of California that show up and need the services of the trial courts to achieve justice.
Wendy Darling
August 24, 2011
Published today, Wednesday, August 24, from The Sacramento Bee, by Dan Walters:
Dan Walters: California Budget Cuts to Courts Reignites Judges’ War
http://www.sacbee.com/2011/08/24/3857178/dan-walters-california-budget.html
Long live the ACJ.
sharonkramer
August 24, 2011
What a lovely sentence in the Bee article: “Feinstein asked Cantil-Sakauye to ‘reallocate substantial branch resources,’ thus endorsing the demands of the Alliance of California Judges.”
Michael Paul
August 24, 2011
Dan ‘one month behind the news’ Walters.
JCW, go stuff him in your pipe….again.
versal-versal
August 24, 2011
Now we learn the AOC has a 9 million dollar emergency fund. Why hasn’t the JC/AOC made portions of this fund available to SF and other courts who face financial crisis? One should also ask if this fund has been used before and where did the money go. As they used to say in the Watergate era , “follow the money”. Sounds like it is time for a full scale audit of the insular and out of touch bureaucracy that resides at 455 Golden Gate Ave !
Wendy Darling
August 24, 2011
Only 9 million? Where did the rest of it go?
Long live the ACJ.
antonatrail
August 25, 2011
I was worried. Wendy Darling’s thumbs-down fan/troll/stalker had disappeared! No fear. The would-be antagonist is baacckk. Keep doin’ what you’re doin’ WD. You are apparently on a raw nerve of a sensitive fan/troll/stalker AOC stooge.
sharonkramer
August 25, 2011
Wonder if Katherine Feinstein has heard a peep from anyone yet?
Jon Wintermeyer
August 25, 2011
It makes you wonder as PJ Feinstein does all this sounding off now about shortage of trial court funds while court construction continues, did her mother the CA Senator never asked her WHY the AOC never applied for any of the Stimulus construction money to build trial courts, when the Fed’s had made available ?
antonatrail
August 25, 2011
The good folks at the AOC didn’t want what comes with the stimulus — Feds looking over their shoulder. I would give my left eye to cajole successfully the Feds to check this RICO org out!
Stuart Michael
August 26, 2011
Courtflea: the acronym was SAL – State Allocation Limit. (more Orwellian doublespeak)
For years it was like whipped cream slathered on top of Executive & Legislative branch budgets, regardless of actual need.
When RG finally got it extended to the Judicial Branch it was rightfully seen as a major windfall.
Trial Courts were urged to spend it, as part of the AOC’s Ponzi scheme: spend it all this year to get more next year. Even the unions were in on the scheme.
SAL eventually sailed away and sank- leaving the trial courts holding the bag once again.
And the beat goes on.
courtflea
August 30, 2011
Thank you Stewart Michael. and you are spot on