Dear Administrative Presiding Justices, Presiding Judges, Clerk/Administrators, and Executive Officers:
After 26 years of public service with the judicial branch – 10 with the Administrative Office of the Courts (AOC) AOC Regional Administrative Director Chris Patton will be retiring at the end of June. Chris has been a great partner to me in our roles as regional administrative directors, and in my current role. She has been a terrific advocate and resource for the trial and appellate courts, first in the Bay Area/Northern Coastal Region, and now statewide.
As the court executive officer (CEO) of the Superior Court of Santa Cruz County for 14 years, Chris shared her judicial administration experience and represented the CEO perspective on many Judicial Council committees and task forces, including the Trial Court Budget Commission, Trial Court Employees Task Force, Court Executives Advisory Committee, Subordinate Judicial Officer Working Group, and Faculty and Planning Committee of the Center for Judicial Education and Research. Chris also was appointed to serve as an advisory member to the Judicial Council. In 2000, the council recognized her outstanding contributions by presenting her with its Distinguished Service Award in Judicial Administration.
At the AOC, in addition to her regional administrative director responsibilities, Chris has helped lead the important work of the Reporting of the Record Task Force, Probate Conservatorship Task Force, Commission for Impartial Courts, and Community Corrections Program, in addition to stepping up to serve as Interim Chief Deputy Director for several months. With the Executive Office leadership transitions, Curt and I have been fortunate to have Chris continue to work with us on organizational restructuring efforts, in addition to her role as Regional Administrative Director.
Chris is a valued colleague and a great judicial administrator who has dedicated herself to the mission of the Judicial Council and the judiciary. I know that you join me in thanking her for her years of public service and wishing her the best for her upcoming retirement.
Jody
Jody Patel
Interim Administrative Director of the Courts
_________________________________________________________________________
Buh-bye Christine Patton.
Another one driven out by the ‘Patel Powerplay’.
Just one more brick in the wall.
.
.
Say, did you happen to notice that when no self-respecting judge in San Francisco Superior Court would take the Jacobs case, the AOC assigned their own judge to their own case?
.
Tomorrow – Tuesday is Law Day up in Sacramento
While JCW will have our own operatives pressing the flesh and sending powerful messages to Sacramento, it’s good to hear from more than one source that the construction program and CCMS must die so that our courts can live.
unionman575
May 7, 2012
Good riddance.
And, yes I noticed that the AOC assigned their own judge.
wearyant
May 7, 2012
Christine Patton is one of the special elite, top 30 who have their retirement wholly funded by the beleaguered California taxpayers? Gee, Chris, enjoy! I’m sure you didn’t earn it!
unionman575
May 7, 2012
None of them earned. It’s one big band of thieves
lando
May 7, 2012
The JC held a closed meeting today without any notice to the public. This would appear to be in violation of their meeting rules. If the rumors are true, the subject was the Governor’s new cuts to the branch that are part of the May revise of the state budget. These cuts would likely be in the neighborhood of 150 – 200 million dollars . There is no way that the trial courts can absorb these further massive cuts. The JC/AOC needs to step up and take a new look at the timing of some of the most expensive courthouse construction programs including San Diego and Santa Clara. Those projects should be suspended and those funds allocated to the trial courts so that basic court services can continue to be provided to the citizens we serve.
versal-versal
May 7, 2012
Lando , you are on the right track but the Judicial Council and AOC needs to do much more. They need to stop wasting valuable taxpayer funds. ” Scholars in Residence ” should be thanked and removed. Clark Kelso should be deleted from the AOC payroll. Top management should be required like virtually everyone else in this state to pay for their generous retirement benefits. The OGC which employs over 100 people should be reduced by half. Ms Patton’s position ” Regional Manager” should be abolished as AOC bureaucrats have no authority to “manage ” the trial courts to begin with. The CCMS ” salvage ” operation should be terminated. The unnecessary position of Assistant Director of the AOC now held most recently by Overholdt, Patton and now Sonderland should be eliminated. That combined with Lando’s suggestions regarding the ill timed construction of courthouses costing into the billions could all save huge amounts of money that should be restored to the trial courts. One last idea. Maybe JC meetings can be convened over Skype so that the ” insiders ” could remain at home and valuable taxpayer dollars can be saved on unnecessary hotel, air transportation and expensive dinner costs . .
Been There
May 8, 2012
And may I add to Versal’s list: Bill Vickrey and Ron Overholt must leave the building. Their daily presence at 455 Golden Gate — along with the daily presence of their interim successors, Jody and Curt — creates obscene overstaffing in the executive office, with no benefit the courts.
Dennis Jones should immediately be removed from the AOC payroll. He has a “no show” job for the sole purpose of bilking the CalPERS pension fund. If the AOC cannot bring itself to remedy this waste and fraud, I implore Mr. Jones’s employer, Sacramento Superior Court, to do the right thing. There are a lot of good judges there — surely they can take action to end this embarrassment to their court
Wendy Darling
May 7, 2012
Other impending AOC departures:
Goodbye and good riddance to Tim Emert of the AOC’s Office of General Counsel (OGC), who is “retiring” at the end of this week.
And Ann Springgate, also of OGC, who is “voluntarily separating.”
And it is rumored in the dark hallways of 455 Golden Gate Avenue today that the governor may sweep facilities fund money and possibly sweep part of trial court reserves. Which will just continue the downward spiral of the trial courts being punished for the free-spending ways and fiscal irresponsiblity of the Office of the Chief Justice, the Judicial Counsel, and most especially the AOC.
Long live the ACJ.
unionman575
May 7, 2012
Looks like a few more bricks in the wall…the two legged AOC rats are on the way out one by one.
=)
Wendy Darling
May 7, 2012
Correction: Which will just continue the downward spiral of the trial courts being punished for the free-spending ways and fiscal irresponsibility to the Office of the Chief Justice, the Judicial Council, and most especially the AOC.
And yes, Unionman, recall the Chief Justice.
Long live the ACJ.
unionman575
May 7, 2012
“And it is rumored in the dark hallways of 455 Golden Gate Avenue today that the governor may sweep facilities fund money and possibly sweep part of trial court reserves.”
Yes that is the word on the street.
unionman575
May 7, 2012
Patel you ARE smoking meth: “She has been a terrific advocate and resource for the trial and appellate courts,”
Patel if you believe this shit, you are crazy!
Everyone in the trial courts has been grabbing their ankles for years thanks to Patton’s stellar administrative efforts.
You know, I just have to keep saying it along with my good buddy here on JCW, Wendy:
Recall the Chief Justice!
https://recalltani.wordpress.com
versal-versal
May 8, 2012
Wendy you are so right, the trial courts are paying for the excesses of an out of control and anti-democratic insular Judicial Council that has wasted billions on the failed CCMs and overpriced and gaudy courthouses that can never be staffed . By the way didn’t Wendy and others predict the SEC report would be delayed so that senior managers who contributed to the mess created at 455 Golden Gate could get out of town before the report and its devastating findings would reach the State Senate ? Hmm ….. We need to democratize the Judicial Council and recall the CJ .
Wendy Darling
May 8, 2012
Release Justice Scotland’s SEC report, now.
Lando
May 8, 2012
Wendy as always is right. The State Senate who hopefully will consider 1208 soon , should be using their powers to request or order the JC/AOC to turn over J Scotland’s original SEC report. As J Scotland has credibility with all those effected, Senators should compare his report with any final SEC report and with the JC/AOC’s recent decisions regarding CCMS and personnel actions like the removal., “retirement” of Mr Fuentes and Ms Patton. The purpose of the SEC report was to give the branch, the legislature and the public a true and honest assessment of AOC operations. It was not to give the JC/AOC a roadmap to clean up their decades long mess at 455 Golden Gate and then enable the “insiders” to claim all has been corrected and addressed making the SEC report meaningless. The untimely removal of the honest and fair minded J Scotland , along with the unwarranted delay of the SEC report should lead all within the branch, legislature and public , to be very concerned about what the “insiders” at the crystal palace are doing, including the convening of a JC meeting today that was never noticed to the public and which took place in violation of JC/AOC rules. Democratize the JC and recall the CJ .
Wendy Darling
May 8, 2012
It is worth mentioning, Lando, and others, that the Assembly Committee on Accountability and Administrative Review has subpoena authority. The Committee should subpoena Justice Scotland’s SEC report from both the Judicial Council and Justice Scotland himself. Between the two, who do you think would comply? The smart money would be on the ethical and honest Justice Scotland.
Recall the Chief Justice.
Long live the ACJ.
wearyant
May 8, 2012
“The Committee should subpoena Justice Scotland’s SEC report from both the Judicial Council and Justice Scotland himself.”
Wendy D: I’d love to see if those reports would bear any resemblance to each other … 😉
Recall Tani!
Release (what’s left of) the SEC report now!
Long live the ACJ!
Wendy Darling
May 8, 2012
Wearyant, I, too, would love to see if those reports would bear any resemblance to each other, and so would a lot of other people as well.
Recall the Chief Justice.
Long live the ACJ.
unionman575
May 8, 2012
Nice idea Wendy!
Wendy Darling
May 8, 2012
Well, Unionman, if you have “nothing to hide” (the Chief Justice’s own words), then you shouldn’t hide anything. So let the Chief Justice start actually doing that and demonstrate by actions, and not just lip service, that nothing is being hidden by releasing Justice Scotland’s SEC report.
Long live the ACJ.
Nathaniel Woodhull
May 8, 2012
Hi Boy & Girls!
Well, if HRH-2 ever wondered why she was so lucky to be named Chief Justice by HRH-1, maybe now even she can figure it out. The comments above are so true.
Look at the article in Courthouse News this morning. Pretty soon, judges will be sitting in their chambers with nothing to do because there will be no staff to work with at all.
http://www.courthousenews.com/2012/05/07/46302.htm
Guest
May 8, 2012
If these rumored cuts to the branch prove true then there should no longer be any dispute that the legislature has had enough of the judicial branch’s “leadership”. These cuts are personal. These cuts are solely due to George, Vickrey, Overholt, Turner, Roddy, Torre, Yamasaki, Jones, Kelso, et al and the new cj who defends them all. The legislature doesn’t want to work with these “leaders”. They will just take our money. The above mentioned will keep their huge salaries and pensions. It will be the rest of us who are in the trenches doing the work that will pay.
wearyant
May 8, 2012
I agree. Not only must the bad stewardship of public funds already provided leave a bad taste in the Legislature’s collective mouth, they probably don’t want to be criticized for providing even more funds to be wasted by this gang of thieves.
Then there’s the sad thought that, gee, maybe there really isn’t any money …
wearyant
May 8, 2012
Whoops! should have deleted “leave.”
JusticeCalifornia
May 8, 2012
http://www.courts.ca.gov/16794.htm
If you listen to minutes 1:20-1:55 of the above referenced 2/28/12 taped SEC progress report, you will get a little doublespeak about what is to happen to the report. Is it to be submitted directly to the JC, or is it to be FIRST submitted to the Executive and Planning Committee so a “plan and process” can be undertaken in order to prepare the report for presentation to the Council?
Here is the membership list for the E and P committee:
http://www.courts.ca.gov/documents/eandp.pdf
In any event, I imagine top leadership would like to delay release of the report until after the budget and AB 1208 issues have been dealt with.
I wonder if our gambling barmaid regrets her 20-minute rant against key members of the legislature. . . .or taking the Roddy/Turner advice to teach the legislature a lesson by continuing to spend on CCMS and court construction. . . .or just recently insisting top leadership has been a “wise steward” of branch money when a mountain of outside evidence proves the contrary. . . .
I wonder if Sakauye understands how disingenuous it looks for her to beg for money while insisting to the bitter end that CCMS was a good investment and “worked”. And while Sakauye and company are blatantly helping bad actors delay their retirement to maximize their pension benefits at the expense of the public. And while a bunch of unnecessarily expensive and grandiose new courthouse projects are in the pipeline, and the best the cj/jc/aoc could offer was a 10% cut.(Tell me again why state architects and DGS were not used for these projects in the first place? And why people from all over the state and nation have been brought in to work on the projects rather than using local talent?)
Whether Sakauye survives– or not– I do hope everyone realizes that a legislative fix is absolutely necessary. OF COURSE the Judicial Council must be democratized. It is untenable for a cj–good, bad or middle-of-the-road– to be able to handpick JC and AOC party-liners whose actions the entire branch must LITERALLY pay for. There must be effective checks and balances within the branch, so a cj that turns out to be an arrogant megalomaniac or arrogant inexperienced footstomper cannot surround himself or herself with well-paid thugs and sycophants at the expense of the branch. If the entire branch has to pay the price for branch leadership’s actions, the branch sure as heck better have a say regarding who is in branch leadership positions.
Guest
May 8, 2012
Thanks for including the E&P membership list. Should have known Yamasaki was the CEO rep. How can the highest paid court employee in the State be in a position to make recommendations for “efficiencies”? Oh yeah, he got his court a(nother) new courthouse. Maybe not a bribe per se, but definitively a conflict of interest.
There should be no doubt why the legislature is taking money from the courts.
Nathaniel Woodhull
May 8, 2012
When I was a teenager, I seem to remember an ad that talked about how something was being “sanitized for your protection.” As I recall that phrase was on the paper seat protectors in public restrooms. Sounds like that is what is happening to Justice Scotland’s report. It is important that it be “sanitized” for the protection of all those; past, present and future, who roam the dark hallways of the Crystal Palace at 455 Golden Gate Avenue.
unionman575
May 8, 2012
Here ya go – sanitize this you AOC executive management humps: My middle finger.
JusticeCalifornia
May 8, 2012
It is undeniable that a lot of changes have taken place since George suddenly exited. Ironically, if Sakauye had come in and VOLUNTARILY done what she has been and is being forced to do –kicking and screaming and foot-stomping all the way–
She would have been viewed as a branch asset, not as the branch’s biggest remaining Team George liability. A liability the entire branch is paying for.
Our chief justice — a professional gambler-turned top representative of the judicial branch– is undertaking budget discussions with less-than-zero credibility. And query– is it responsible for the legislature to entrust billions to current top leadership, knowing where its true priorities lie (and it sure as heck ain’t with the public and trial courts)?
“Guest” is right. Current leadership does not play well or responsibly with others and the natural result is for current leadership — and unfortunately the entire branch– to get schooled. Those in the trenches will pay the biggest price.
If the branch wants credibility and positive change, the branch as a whole (not just the ACJ, and court employees) is going to have to man up, and woman up, and demand a change in leadership. Certainly that means democratization of the Judicial Council and it may even mean respectfully asking the CJ to step down. She is clearly in over her head. The structural leadership/oversight changes necessary to ensure that in the future, branch leadership handles itself and branch money in a representative, prudent, responsible manner MUST be given priority — by the branch and by the legislature.
unionman575
May 8, 2012
Well stated Justice.
unionman575
May 8, 2012
Let the paper fly folks! Time for some records requests.
http://www.courts.ca.gov/requestforms.htm
Request Forms
CONTACT INFO
Administrative Office of the Courts
Court Programs and Services Division
Public Access to Records Project
455 Golden Gate Avenue
San Francisco, CA 94102-3688
Ph: 415-865-7796
Fax: 415-865-4330
TTY: 415-865-4272
E-mail: pubinfo@jud.ca.gov
Office Hours: 9 a.m.- 5 p.m.
Monday-Friday
If you would like to request judicial administrative records maintained by the appellate courts, the Judicial Council, or the Administrative Office of the Courts (AOC), you may submit your request by completing a Request for Judicial Administrative Records and sending it to the AOC by fax, e-mail, or U.S. Mail.
Request for Judicial Administrative Records Form
For all requests for judicial administrative records:
• Downloadable Intake Form
Print, complete, and submit form to the AOC.
• Fillable Intake Form
Note: any changes you make to this form will not be saved. Save the completed form to your computer for your records.
Been There
May 8, 2012
Justice Scotland’s unredacted SEC report.
unionman575
May 9, 2012
That’s the ticket Been There!
unionman575
May 8, 2012
All aboard! Patel there is a reserved seat for you here:
Lando
May 9, 2012
I have a question. The turmoil at the JC/AOC continues. Vickrey, Overholt , Patton all exiting. Or did they? There are continued very credible reports that Vickrey and Overholt continue to wander the dark hallways of the crystal palace. If so what are they doing ? In addition who is driving the train that is leading to these departures including Patton, former HR chief Fuentes and members of the OGC ? While the CJ is a fine enough Justice regarding legal issues, I don’t see her shaping what is going on administratively inside the JC/AOC. So who is behind all this turmoil and more importantly where is this all going? The insular and anti- democratic JC created by HRH 1 and now overseen by our CJ is a complete failure. The courthouse construction funds are again ripe for the picking by the legislature. Why? Because the JC has wasted billions on CCMS and their mismanaged and overpriced courthouse construction projects. The result is causing the trial courts to radically reduce staff and service to the public. If indeed the legislature sweeps the reserves of the trial courts the branch will be in a complete state of crisis . We need new leadership. The place to start is to recall the CJ and hope that her replacement has the sense to democratize the JC .
unionman575
May 9, 2012
Lando welcome aboard the “Recall Tani” campaign
https://recalltani.wordpress.com
Wendy Darling
May 9, 2012
The latest on Clark Kelso. Looks like he doesn’t want his cushy arrangement with the AOC and his CalPers benefits to come to an end. Published today, Wednesday, May 9, from The Metropolitan News Enterprise, by Kenneth Ofgang:
State Asks Federal Judge to End Prison Health Care Receivership; Plaintiffs, Receiver Call Effort to Revive State Control Premature
By KENNETH OFGANG, Staff Writer
The state of California has asked a federal judge to end the receivership of the state’s prison health care system, a move objected to by the receiver and the inmates who brought the suit.
The parties Monday filed a joint report ordered by Senior District Judge Thelton Henderson of the Northern District of California. Henderson said on Jan. 17 that there had been “significant progress” and that “the end of the Receivership appears to be in sight.”
He told the parties to start planning for the return of health care authority to the California Department of Corrections and Rehabilitation.
CDCR asked Monday that the receivership end within 30 days. The department suggested that the receiver be replaced for one year by a special master who would monitor progress on projects underway. The receiver and the inmates agreed that a special master should be appointed once the receivership terminates, and said the minimum period for the term of the special master should be a year.
Substandard Care
Henderson found in 2005—after more than six years of litigation—that the level of care received by prisoners in the state system was substandard and constituted cruel and unusual punishment in violation of the Eighth Amendment.
The state did not oppose receivership at that time, but later argued argues that the receivership violated the Prison Litigation Reform Act, an argument rejected by Henderson, whose rulings were upheld by the Ninth U.S. Circuit Court of Appeals and the U.S. Supreme Court.
Henderson appointed a receiver in 2006 and named the current receiver, McGeorge School of Law professor and former acting state Insurance Commissioner J. Clark Kelso, in 2008.
Henderson said he would end the receivership when the state demonstrated the “will, capacity, and leadership to maintain a system of providing constitutionally adequate mental health care services to class members.”
Inmates’ Response
The Berkeley-based Prison Law Office, which represents the inmates, said the state has not met that standard and has been “continuing to defy court orders, including orders from the nation’s highest court.”
The justices, the attorneys noted, found that prison overcrowding was the primary cause of the problem, and upheld a separate order by a three-judge panel requiring the department to reduce its population from nearly 200 percent of capacity to 137.5 percent in two years.
“Remarkably, defendants fail to acknowledge in this joint report that under this new plan defendants will defy the population cap ordered by the Supreme Court and the Three Judge Court,” they said.
The state responded that it had, as of April 25, met the courts’ interim benchmark of reducing the population to 155 percent of capacity.
Further progress will be made, the state said, as a result of AB 109, the realignment act shifting thousands of “low-level” inmates to county jails.
Receiver’s Views
Kelso, whose views were largely, but not completely, endorsed by the inmates’ attorneys, outlined four conditions the state should be required to meet before the receivership is terminated:
•Completion of nearly all items set forth in a “turnaround plan” previously submitted to the court;
•Substantial compliance with prior court orders, as measured by the system’s Office of the Inspector General;
•Development of a plan for physician staffing at “hard to fill” institutions, primarily in rural areas; and
•A demonstration that prison officials are “ready and able to assume control of the system,” including achieving the population limits established by the three-judge court; construction of a planned health care facility in Stockton, with adequate appropriations for it to operated and fully occupied; obtaining of construction and financing approvals for other planned facilities; adequate funding of the prison medical system for the next two fiscal years; and establishment of a specific division within CDCR with responsibility for inmate healthcare.
The case is Plata v. Brown, C01-1351.
http://www.metnews.com/
Long live the ACJ.
Guest
May 9, 2012
Then it is safe to assume Mr. Kelso is one of the 2 California candidates for AOC Director.
Res Ipsa Loquitor
May 9, 2012
And the second California candidate is . . . . . ?
Justice California sees Alan Carlson as a possible candidate. Other names include Mike Roddy, and Roger Warren, although there are probably others who might apply.
If they are going for the worthy successor to be Vickrey II, surely Kiri Torre has all the qualifications. And I understand she has a renewed interest in shredders in her court in Contra Costa. An important qualification to move to the top job at 455 Golden Gate.
Lando asked why are Vickrey, Overholt, etc. staying in the Crystal Palace so long after they have allegedly “retired.” I think they are there to direct a “cleaning operation.” Vickry, Overholt, and Laura Rigdon all know where the bodies are buried, and they are all working together just like old times.
Guest
May 9, 2012
I think Alan Carlson would be good actually but not Roddy. Roddy only takes job where they stroke his little man ego to come in as a savior to make the easy fixes. But the AOC is not an easy fix and too many people are on to his empty leadership skills. And Vickrey, Overholt et al are just continuing to be employed at doing nothing to add service time to maximize their pension spike. The only cost is to the taxpayer.
Res Ipsa Loquitor
May 9, 2012
I wonder if Kelso would be perceived as having the edge? I would be very surprised if the successful candidate is from out of state, unless there is a former California person laboring elsewhere right now. And given the public debacle that the AOC has become, who in their right mind would want to come here and try to solve all the problems — problems that the entrenched (or embedded Team Geoge folks) will not want to go away.
JusticeCalifornia
May 9, 2012
From the 2009 article penned by Dunn, Vickrey and Kelso:
“However, the most savvy trial courts recognized that budget requests aligned with Judicial Council themes, values, and goals were more likely to be favorably received, and immediately started following the Judicial Council’s strategic planning processes much more closely.”
(Or, as I paraphrased when I posted this excerpt before, “he who has the gold, rules”.)
I guess that’s why JC party liners get JC party favors.
Wendy Darling
May 9, 2012
Or, to put it another way, Justice California: For those who play, we will pay.
Recall the Chief Justice.
Long live the ACJ.
JusticeCalifornia
May 9, 2012
Yes, indeed, Wendy– and elevate to high places.
Help keep us in power, and what’s your pleasure? A big fat pension? A little side cash? How about a new kitchen? A luxurious new courthouse? A position on the JC? A bench or appellate position? Can we look the other way for you, or help you get rid of a pesky situation– maybe you have someone you want us to take down for you– oh and we’ll get just the right assigned judge for you, or give you the green light to destroy documents– how about a private lawyer to defend your bad behavior, courtesy of the AOC. . . .you name it, we got it, because we rule this multi-billion dollar empire and we got no oversight!
Sadly, top leadership has undoubtedly inspired great. . . .thuggery, thievery, cronyism, corruption, derision, disgust, and so much more.
Respect and public trust are not on the list. . .
Wendy Darling
May 9, 2012
Please add to your list, Justice California: A secret or two we can keep for you? Some personal dirty laundry we can hide?
Long live the ACJ.
wearyant
May 9, 2012
DAILY JOURNAL MAY 9, 2012
Governor said to be again eyeing court construction fund
By Emily Green
SACRAMENTO – A year after sweeping more than $300 million from the judiciary’s construction fund, Gov. Jerry Brown is looking to tap those funds again amid the state’s growing deficit.
Capitol sources said this week that the chances of the courthouse construction dollars being used to plug the state’s budget hole now seem almost certain, and a raid on building funds could come on top of additional spending cuts to the judiciary.
The judiciary’s construction fund, which covers the cost of building new courthouses around the state, collects roughly $300 million a year from court fees and fines.
‘I’m beginning to get used to bad news.’ – Chief Justice Tani Cantil-Sakauye
Using the courthouse funds for general budget purposes would likely mean postponing at least 32 of the 39 pending court construction projects. That would go considerably further than a plan recently approved by state courts leaders to temporarily halt 13 of the courthouse projects.
The worst-case scenario, capitol sources said, would entail the governor sweeping the construction fund, implementing ongoing budget reductions and enacting the $125 million “trigger” cut set to take effect if a November tax hike measure fails.
“The most realistic scenario is there are going to be additional cuts to the branch,” Chief Justice Tani Cantil-Sakauye said Tuesday. Her comments came during an event at the secretary of state’s office where the chief justice was again lobbying to save courts funding.
“The question is how much, from where and if it will be one-time or ongoing,” she said.
Brown is expected to release his revised budget proposal, known as the May revise, on Monday. It comes on the heels of months of disappointing revenue reports. The state is $3.5 billion behind in its tax projections for the current fiscal year.
Cantil-Sakauye said she had spoken to the governor several times Monday at the capitol. “He said we have to look at structure, and it’s bad – bad for everyone.”
She added, “I’m beginning to get used to bad news.”
Lobbyists and legislative staffers who asked to remain anonymous because the budget proposals are tentative said the governor’s finance team is searching for “pots of money” to pay for general fund obligations.
Other revenue streams the governor may be looking to tap are the trial courts, those sources said. Trial courts have a combined $560 million in reserves spread across 58 counties, according to the nonpartisan Legislative Analyst’s Office.
One outstanding question is how the governor would go about capturing the reserve funds. It’s unlikely he would dictate how much to take from each trial court, meaning it could be up to the judiciary’s policymaking body to decide whether to implement a pro-rata cut or to take a disproportionate amount from courts with greater reserve funds.
If the governor proposes sweeping the courthouse construction fund, the seven pending courthouse projects that are considered shovel-ready could be funded with bonds to be paid back over a 25-30 year period.
Wendy Darling
May 9, 2012
‘I’m beginning to get used to bad news.’ – Chief Justice Tani Cantil-Sakauye
Good. As well you should.
And if it’s too hot in the kitchen at 455 Golden Gate Avenue, you can always resign.
Long live the ACJ.
unionman575
May 10, 2012
http://www.courthousenews.com/2012/05/10/46417.htm
May 10, 2012Last Update: 5:00 PM PT
Court Bureaucracy’s HR Director Sent Off With More Cuts Expected
By MARIA DINZEO
SAN FRANCISCO (CN) – With more cuts expected next week in the governor’s revised budget, California’s central court bureaucracy has dismissed its personnel director and is consolidating some operations. “They’re trying to do damage control,” said San Diego Judge Daniel Goldstein.
The court bureaucracy has been under the critical eye of the state Legislature in the last few months, particularly since the implosion of a half-billion-dollar IT project. “I think they’re going to want to show the Senate that they’ve made changes,” said Goldstein, a critic of the court bureaucracy’s spending priorities.
The dismissal of HR Director Ernesto Fuentes and the merging of two HR departments was announced in an email to employees of the Administrative Office of the Courts from the agency’s interim director, Jody Patel.
The move comes ahead of a long-awaited report by the Strategic Evaluation Committee expected to be completed some time next month. Chief Justice Tani Cantil-Sakauye formed the 14-member committee last March to conduct a top-to-bottom review of the central bureaucracy.
It also precedes the “May revise” due next week, May revisions to the state budget for the next fiscal year. That revised budget is expected to burn deeper into the amount allocated for California’s court system. The court budget that used to be set at roughly $3 billion per year has been cut by $650 million in the last four years.
The cuts have put great pressure on the bureaucracy at the top of the courts that employed roughly 1,000 people up until earlier this year. And many judges expect the Strategic Evaluation Committee, commonly called the SEC committee, to recommend a downsizing.
In her email to the staff of the administrative office, Patel wrote, “The Chief Justice and the Judicial Council will receive the recommendations of the Strategic Evaluation Committee (SEC) in the next six to eight weeks. However, with the significant budget reductions in this and the next fiscal year, it is incumbent on AOC executive leadership to be proactive.”
Judge Robert Dukes of Los Angeles said that Patel should have a good idea of where the SEC committee is headed.
“Judges are saying because the current acting director is also on the SEC committee, the AOC knows the direction that report is going,” he said. “I understand that report is going to be critical of the structure of the AOC. Any smart manager, knowing something like that is coming around the bend, would do everything to alleviate or reflect that criticism.”
The last year has seen some changes in the vast bureaucracy, with a host of retirements within its upper ranks and the closing of two of its three regional offices.
While the central court administration has received support from smaller courts that depend on it, surveys of judges around California have shown that a great many trial judges are fed up with the organization they see as bloated, arrogant, and dismissive of the judges’ concerns.
Those judges are still skeptical that the administrative office will in fact shrink its payroll, arguing that the bureaucracy should be forcibly trimmed down to where it does only what is required by the state statutes and the state Constitution.
“Given my knowledge of the AOC I believe that their first and foremost goal now, as always, is to preserve their organization and their power,” said retired Judge Charles Horan from Los Angeles. “I wonder if the AOC has somehow received advance notification of the anticipated findings of the SEC committee.”
“If the answer is ‘yes,’ I believe that any actions we see taken before the report is made public will be strictly defensive, and designed not to reform the agency, but to appear to be doing so,” he continued. “The truth is that the AOC needs to substantially downsize far more than they have considered doing at this point.”
Judge Goldstein in San Diego said cutbacks in the agency should have happened years ago, as the state’s fiscal crisis has forced courts throughout California to close courtrooms, shorten hours and lay off staff.
“I would worry that any cutbacks right now are too little or too late,” said the judge. “This should have been occurring five years ago before we closed the courts. What needs to happen is a complete draconian cut to all non essential services. If it doesn’t affect the courtroom, it needs to be cut.”
“I think it’s a small beginning,” added Dukes in Los Angeles. “I think many critics of the AOC feel it is bloated and unresponsive and fails to view itself as a service organization to the trial courts and that it needs to be leaner, much leaner, and that its entire culture needs to be changed. The belief is that this is going to be much of the focus of the SEC report.”
unionman575
May 10, 2012
http://www.courts.ca.gov/documents/jc-20120517-agenda.pdf
VERY VERY FUNKY…A JC MEETING SCHEDULED WITH VERY LITTLE NOTICE AND IT’S IN SACRAMENTO AT THE AOC SAC OFFICE.
JUDICIAL COUNCIL OF CALIFORNIA MEETING
Thursday, May 17, 2012 • 11:00 a.m.–3:00 p.m.
Open to the Public Unless Indicated as Closed (Cal. Rules of Court, rule 10.6(a))
Administrative Office of the Courts, Northern Central Regional Office
(Building with “University of Phoenix” Signage)
Fourth Floor, Veranda Rooms A, B, & C
2860 Gateway Oaks Drive •
Sacramento, California 95833
unionman575
May 10, 2012
For those of us who can, let’s go show them some “love JCW Style” up at the AOC Sacramento office on 5-17-12 at 11:00 a.m.
Wendy Darling
May 10, 2012
Oh, Unionman, it seems pretty clear at this point that the Chief Justice, the Judicial Council, and the AOC aren’t really interested in “notice.” In fact, they would probably like as little “notice” as possible. If it wasn’t for the California Open Meeting Act, they would just do away with “notice” altogether.
And thanks for posting Maria Dinzeo’s article on the departure of AOC HR Director Ernesto “Bluto” Fuentes. Of coarse, readers of JCW knew all about it well over a week ago. Now, so does everybody else.
Recall the Chief Justice.
Long live the ACJ.
unionman575
May 10, 2012
https://recalltani.wordpress.com
unionman575
May 10, 2012
http://www.courts.ca.gov/18061.htm
Judicial Council Meets on May 17
FOR RELEASE
Contact: Phlilp Carrizosa, 415-865-8044
May 10, 2012
Judicial Council to Review Revised Budget
Public Meeting May 17 in Sacramento
SAN FRANCISCO—The Judicial Council has called a special business meeting May 17, 2012 to review the Governor’s revised 2012-13 budget. The meeting will be held from 11:00 a.m.to 3:00 p.m. at the Northern/Central Regional Office of the Administrative Office of the Courts, 2860 Gateway Oaks Drive, Sacramento.
Chaired by Chief Justice Tani G. Cantil-Sakauye, the council is the administrative policymaking body of the California courts. A live audiocast will be on the California Courts website. The agenda for the meeting is posted online.
The council will discuss the effect of the Governor’s “May revise” budget on the judicial branch, trial courts, and court facilities construction projects. The budget is scheduled to be released on Monday, May 14th.
Over the past four fiscal years, the judicial branch has experienced a cumulative ongoing reduction of $653 million and 23 percent reduction in funding.
Lando
May 10, 2012
Is it true that 2 AOC OGC lawyers live in Europe? What in the world would ever justify that ? If they work for the AOC what work are they doing and why are they allowed to telecommute from another part of the world? What do their expense accounts look like ? You really can’t make this stuff up . The State Senate needs to step up and demand action on 1208 . They should also establish a joint legislative committee to investigate and audit all JC/AOC expenses. The findings of that audit , like the one conducted re CCMS would be very revealing. Maybe the same committee could also ask for J Scotland’s original SEC report and audit the waste of taxpayer money dedicated to increasingly over the top CJP investigations which have appeared to double in the last five years. Our state is in financial crisis. Someone needs to start asking hard questions about the waste of taxpayer dollars generated at the crystal palace located at 455 Golden Gate Ave San Francisco . Given all the above, the JC needs to be democratized and the CJ recalled.
unionman575
May 10, 2012
We all agree with you Lando 100%
unionman575
May 10, 2012
I too have heard reports of the 2 OGC’s Lando but do not have confirmation.
unionman575
May 10, 2012
I am pretty good with names and addresses but that CAN lead to “issues”. JCW knows what I mean.
=)
Wendy Darling
May 10, 2012
Yes, Lando, it’s true. One of them lives in Switzerland.
Long live the ACJ.
Wendy Darling
May 11, 2012
“Is it true that 2 AOC OGC lawyers live in Europe? What in the world would ever justify that ? If they work for the AOC what work are they doing and why are they allowed to telecommute from another part of the world? What do their expense accounts look like ? You really can’t make this stuff up ”
How does one explain this, Lando? The phrase “misuse of public funds” springs to mind.
Long live the ACJ.
versal-versal
May 10, 2012
So true Lando. Just read the latest CJP annual report. Punishing a Commissioner for not disclosing he went to a funeral of a lawyer friends wife? Punishing a Judge for letting his son or daughter go along on a police ride along? Punishing former Judge Zellerbach now an elected District Attorney for not disclosing he was ” thinking ” about running for DA. Thinking about something? Sounds like the thought police and a violation of our most cherished constitutional rights protected by the First Amendment. The legislature needs to act and hold some hearings on the waste of huge taxpayer dollars regarding all the above. They should also consider term limits of CJP members to allow for new and fresh perspectives so the current J McConnell /Horn tyranny will never be allowed to repeat itself.
unionman575
May 10, 2012
We are all “thinking” about downsizing the AOC or abolishing it. How do you all plead? LOL
Wendy Darling
May 11, 2012
Published today, Friday, May 11, from The Recorder, the on-line publication of CalLaw, by Cheryl Miller:
Capital Accounts: Courts Brace for Next Big Budget Blow
Cheryl Miller
SACRAMENTO — Gov. Jerry Brown will release his revised budget on May 14, and the question is no longer whether it will include more cuts to courts but rather how ugly will those cuts be.
Full article is subscription access only: http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202553307849&Capital_Accounts_Courts_Brace_for_Next_Big_Budget_Blow
Long live the ACJ.
Lando
May 12, 2012
The Governor’s May revise budget comes out Monday. All indications are that our branch will take a huge hit. The JC /AOC will pass this hit onto the trial courts . My guess is that we will lose all courthouse construction funds along with suffering a general fund reduction in the multi millions. If that happens the trial courts would be once again forced to continue to reduce staff and services. The JC/AOC can no longer avoid what the rest of us have endured. As the JC/AOC won’t act responsibly and reduce it’s own budget , the Governor and legislature need to do it. Do we really need about a hundred employees to run judicial education? Over 100 in the Office of General Counsel? Countless consultants and Apple One temp workers? Scholars In Residence? Regional Managers ? The reality is most of these positions can be eliminated as the JC/AOC never had the constitutional authority to run the local trial courts to begin with. In addition we need to democratize the JC and recall the CJ .
versal-versal
May 12, 2012
Well said Lando. The budget ax also needs to fall on the CJP given their excessive behavior under the never ending McConnell and Horn regimes.
Dan Dydzak
May 12, 2012
The so-called emergency meeting of the Judicial Council without sufficient public notice came about after my First Amended Complaint in DYDZAK V. DUNN et al. was duly served by an attorney service on one Eric M. George, son of Ronald M. George, in Century City. The so-called emergency meeting also came about after the FAC was posted on the Internet on numerous media sites. The lawsuit is posted on the Leslie Brodie Report and other sites. The lawsuit details numerous transgressions, financial and otherwise, and names, among others as parties, Ron Overholt and Vickrey. Aside from three RICO causes of action for money-laundering of AOC funds, etc., there are specific causes of action for EMBEZZLEMENT BY FIDUCIARY and CONSTRUCTIVE TRUST asking that Vickrey and CA Supreme Court, among others, account for and return all converted AOC and other government funds. The lawsuit is pending before the Orange County Superior Court, DYDZAK v. DUNN et al., Case No. 30-2012-00558031 in front of the Honorable Judge Munoz.
The lawsuit has also been duly served on Carlos R. Moreno, retired Associate Justice of the CA Supreme Court, of counsel to Irell & Manella in Century City. Justice Moreno and his staff would not communicate with me re service forcing me to send an attorney service over to Century City to have him served with process. There has been from information and evidence gleaned by me re: mail fraud, wire fraud, banking fraud. A middleman who used to give advice on how to hide assets for the Marcoses in the Philippines is being used or has been used by Chief Justice Tani Cantil-Sakauye for advice, according to my sources. As well, it seems puzzling, to say the least, why the AOC would need apparently two Swiss-based attorneys at considerable salary to be on the AOC payroll. This is information that will be looked at in the discovery process. As well, Starr Babcock was formerly attorney for the AOC and in a recent conversation with me did not deny in any manner whatsoever the misuse and misappropriation of AOC funds. Robert Hawley, for his part, would only hang up on me abruptly per recent telephone conversation and not discuss any issues with me.
The CA Supreme Court is well aware of the lawsuit but ignorning informally discussing same to date with me or through counsel. To date, it has further not informally resolved same and returned converted AOC and other government funds.
I thank all the Judicial Council commentators who have supported me in my litigation and with encouraging comments. I am doing this lawsuit not only to vindicate my legal rights but to hopefully recoup monies illegally converted from the State of CA.
As well, the bank entities, First Century Bank and 1st Century Bancshares, Inc. –owned in part by Eric M. George and by its secret investor, Ronald M. George– led by former state bar president, Alan I. Rothenberg, “state bar royalty” ,have money-laundered gov. monies meant for the judiciary and local courts and even, pending discovery, taken KARP monies and not repaid same to the US Treasury. This is criiminal activity, to say the least, and definitely racketeering activity.
Benjamin Frankin once said allegedly, “The pen is mightier than the sword”–well spoken.
The judiciary and legal profession are supposed to uphold up integrity and ethics, as exemplfied by the Alliance Judges and the hard-working rank-and-file court employees.
The AOC as presently constituted has apparently lost sight of same and look at funds allocated to the judiciary as a private piggy bank to be misused in large measure.
Respectfully, Dan Dydzak
unionman575
May 12, 2012
http://www.courts.ca.gov/18070.htm
New San Diego Central Courthouse Design Approved
FOR RELEASE
Contact: Teresa Ruano, 415-865-7447
May 11, 2012
New San Diego Central Courthouse Design Approved
http://www.courts.ca.gov/18067.htm
New Redding Courthouse Site Acquisition Approved
FOR RELEASE
Contact: Teresa Ruano, 415-865-7447
May 11, 2012
New Redding Courthouse Site Acquisition Approved
JusticeCalifornia
May 13, 2012
http://www.redding.com/news/2012/may/08/thousands-of-court-documents-withheld/
Documents were destroyed by the Marin Court (by Marin County Court Executive Officer/Judicial Councilmember/NCSC alum Kim Turner) during a BSA audit of the Marin Family Court, and now we find out that documents have been improperly withheld by the Shasta Court for two decades (by Shasta County Court Executive Officer Melissa Fowler Bradley under Judicial Councilmember/NCSC boardmember Stephen Baker’s watch).
Wow.
Meanwhile, the JC/AOC is announcing that the Redding courthouse is moving forward, full speed ahead. . . .
http://www.redding.com/news/2012/may/11/final-parcel-acquired-shasta-county-courthouse-pro/
Read the comments to both of the Redding Searchlight articles.
According to top leadership, a new Redding courthouse is an “immediate need”. According to the public that is commenting. . . . not so much.
This is PRECISELY why there should be an objective review of the courthouse construction program by the BSA.
unionman575
May 13, 2012
Wow! I read the comments Justice. That court house is NOT wanted by that community.
unionman575
May 13, 2012
Stop building Taj Majals. Recall the Chief Justice.
Wendy Darling
May 13, 2012
“Fowler-Bradley came to Shasta County in 1995 from Alameda County Superior Court, which had a similar practice, she said.”
“It was actually kind of a fundamental thing when processing criminal cases,” Fowler-Bradley said. “It was something that was sort of ingrained in the court process.”
And who was in charge of the Alameda County Superior Court back in 1995? Well, what a coincidence, that would have been … wait for it … that would have been … none other than Ron Overholt.
Recall the Chief Justice.
Long live the ACJ.
Alan Ernesto Phillips
May 12, 2012
Ooooopsie! The leak just got bigger it seems…
http://www.npr.org/templates/story/story.php?storyId=152581018
Alan Ernesto Phillips
May 12, 2012
BTW: Here’s the Gov’s State Budget-related video release:
(I wonder what he’s doing with his right hand… 😉
Nathaniel Woodhull
May 12, 2012
Thanks for posting the Governor’s video!
The May 2012 Revised Budget will be nothing less than what many of us predicted last July. The revenue “projections” were a joke. I’m not sure that the $16 Billion shortfall is even accurate, it could well be more. The Trial Court can expect to be cut by somewhere between $125-150 Million – IMMEDIATELY! In addition, expect that the Governor and Legislature will want to “sweep” any remaining reserves in those few Counties that have exercised fiscal responsibility over the past years and in addition, the Courthouse Construction Funds will be swept.
There is only one person and monolith whom you can all thank for this, HRH-1/HRH-2 and those in charge of the dark hallways at 455 Golden Gate Avenue. Their arrogance and lack of fiscal acumen have left them totally vulnerable. Pouring $500+ Million down a rat-hole for CCMS gave the Legislature and Governor they avenue to cut this branch even further. Despite the fact that the Judicial Branch accounts for less than 3% of the State Budget, those in power have shown that they are complete clowns when it comes to spending the budget that has been allocated to them.
By the end of this calendar year, the Trial Courts will be a very different place. Expect that all Commissioners will be gone, Traffic Court and Small Claims will be a thing of the past, or at the very least something that will take countless months to set a hearing. Civil trials will be put at the back of the bus, leaving only criminal cases. Realignment is going to bankrupt counties and the crime rate will rise as it did in the 60’s and 70’s as criminals return to the street without sanctions.
The problems we face are much the result of term limits, which I endorsed at the time but now recognize was a major disaster. Elected officials in Sacramento have been perfectly willing to kick the can down the road as they positioned themselves for higher elected office. This, coupled with the recession, lead us to the fiscal position we face today. Many people, my self and colleagues, saw this freight train coming years ago. Tani and HRH-1 chose not to face the realities and decided it was more important to build a legacy (e.g. the Crystal Palace).
Trial Court Funding should demonstrate to all that “bigger is not better” Monies should have been sent directly to the local trial courts so that those of us who actually dispense justice could allocate funds in a manner that directly deals with the needs of the People of California. Instead, we have been subjected being called shrill and uninformed for the past decade, and accused of wanting to maintain our local fiefdoms. I’ve never seen a fiefdom and therefore I’ve never wanted to maintain one.
For our Branch to survive, it is time to recall HRH-2, democratize the Judicial Council and cut the AOC budget by 50%. There are a lot of wonderful people working at the AOC who actually provide services. They should be kept and those who are building the juggernaut to nowhere should be let go.
Happy Mother’s Day! 🙂
Wendy Darling
May 12, 2012
“There is only one person and monolith whom you can all thank for this, HRH-1/HRH-2 and those in charge of the dark hallways at 455 Golden Gate Avenue. Their arrogance and lack of fiscal acumen have left them totally vulnerable. Pouring $500+ Million down a rat-hole for CCMS gave the Legislature and Governor they avenue to cut this branch even further. Despite the fact that the Judicial Branch accounts for less than 3% of the State Budget, those in power have shown that they are complete clowns when it comes to spending the budget that has been allocated to them.”
Right you are, General Woodhull. And, as usual, it will be the trial courts that will pay the price for the arrogance, malfeasance, mismanagement, and, in all probability, fraud, of the clowns at 455 Golden Gate Avenue. They spent/mismanaged all that money, and have lied over and over and over again, in order to engage in “empire building.” only to left with empty buildings and computer systems that don’t work. They forgot that without functioning, supported, and funded trial courts, there is no reason to have an “empire” – of any kind. assuming there is any legitimate reason to turn the Judicial Branch into an “empire” to begin with. They choose to serve themselves, instead of the public and their public duty. And here’s the kicker: THEY STILL DON’T GET IT.
Recall the Chief Justice.
Long live the ACJ.
Delilah
May 13, 2012
From Willie Brown’s column in today’s SF Chronicle. Hmm.
Gov. Jerry Brown, who is madder than hell at the courts for ordering that prisoners receive better health care than what a lot of citizens receive, made a crack to one of the state’s top judges the other day.
“Every dollar that the court orders us to spend on prisons,” Jerry said, “we’re taking out of the court budget.”
Typical Jerry Brown: bright, insightful, right on target and not likely ever to happen.
But if it did …
unionman575
May 13, 2012
Hmm. doesn’t sound good.
Alan Ernesto Phillips
May 13, 2012
“Thousands of Court Documents Withheld by Shasta County AOC”
Shasta County’s Chief Executive Director, Melissa Fowler-Bradley
(Shasta County’s bizaro Kim Turner), sort of says:
“Oooops, you mean we’ve been violating fair records access since 1986?!
Gee whiz… But, LOL, ignorance IS a factor in the law here. Next!”
http://www.redding.com/news/2012/may/08/thousands-of-court-documents-withheld/
Trickle-down dysfunction:
Most citizens here object to and do not need a new Glass & Brass courthouse or CCMS in Shasta County. We need better, ethical professionals for our difficult Civil & Criminal matters that fulfill that, “higher standard” which progressively seems more mythical to us in our isolated and insulated community.
“Oh, and that annoying pro-per Alan Phillips-guy was denied access to his own court files again? Ooooops… You mean he was denied his files again in the weeks before being eventually snuck into a trial – pro per – while he was under a doctor’s care and highly medicated without a continuance? Ooooopsie, sorry ’bout that, mmmm’kaiy? LOL”
“Next case!”
Gut the AOC and recall the DIRTY-dealer!
versal-versal
May 14, 2012
Brace yourselves everyone. The news out of Sacramento today will not be good for anyone. As Woodhull recognizes above, the cuts forced on the branch will cause some huge changes in the way we operate.As was the case with CCMS, look for the JC-AOC to not accept any responsibility for this mess. Even with an AOC reduced by half, they will still continue to try and dictate to the trial courts . Perhaps to further save valuable taxpayer dollars the JC-AOC and CJP can move into more modest means in Sacramento. That way the crystal palace also known as the Ronald M George Complex and William C. Vickrey Conference Center can be auctioned off to offset the 16 billion dollar state budget shortfall.
courtflea
May 14, 2012
Regarding the Shasta county courts witholding criminal information inproperly, unfortunately, if you dig deep enough in all courts (including two of the largest in the state), there are policies that were governed out of what I call “folk lore”. I chalk this off to a lack of professional court administrators in the early days (county clerks had more things to run than just the courts), judges not knowing much about clerical rules (they had other things to do!) and the work piled on the courts and their staff over the years. I could write a thesis on this entire subject but believe me, I do not think this error on the courts part was malicious in any way. Just folk lore that was passed on from one generation of clerks to another. The most important thing is the court is correcting the error and has issued an apology. What more can you ask for? A lawsuit? Forgive me but what purpose will that serve….it is not like corruption, like at the AOC. Crikey there are so many important issues out there to tackle.
courtflea
May 14, 2012
I’d also like to add that Chris Patton was a wonderful person and CEO before the AOC got her. Very sad…