First up this evening is a news story about telecommuting lawyers from a few of our favorites, KCRA Channel 3, Mike Leury and Judge Marianne Gilliard of the Alliance of California Judges.
A note to the AOC’s Ministry of Truth : Judge Gilliard’s delivery is going to have you all pining for your jobs.
Link: Telecommuting State Lawyers work far away from California
Link: ACJ Comment to the SEC report
Please know that your silence will be construed as acquiescence to the status quo.
Although today a member of the Judicial Council’s Executive and Planning Committee described the comments favoring immediate implementation of all SEC comments as merely a “significant” number of the total thus far received, the press tally (and ours) shows quite the opposite. Please see the included article from the Courthouse News Service. We note also that the AOC can’t seem to stay out of the public comment process they are supposed to be fairly administering, instead giving press access to favored comments like the one we pointed out to you earlier this week by administrator Aikman.
We invite you to visit the Council website and see for yourself the overwhelming response in support of immediate implementation of the recommendations. Every judge must weigh in. Be sure to encourage your colleagues to do so as well.
Finally, we include the comment submitted by the Alliance of California Judges, as well as a short and to the point comment submitted by Los Angeles Superior Court Judge Dohi, who accurately describes the “survey fatigue” we are all experiencing. Judge Dohi’s comments follow the Courthouse News article below below; the comment from the Alliance is attached as a pdf.
We thank those who have taken the time to participate and we thank in advance those of you who will respond by the Sunday deadline.
Directors, Alliance of California Judges
________________________________
Forgive the testiness of this response. I’m suffering from survey fatigue. I’ve been asked for my opinion about AOC governance by the Strategic Evaluation Committee, by the California Judges Association, by my own court (twice), and now by the E&P Committee. I wonder why I bother answering. Over the past couple of years, I’ve seen survey answers critical of the AOC diluted with bogus “push” questions (as was the case with the 2011 CJA survey), distorted by court leaders (which is what almost happened to the recent Trial Court Presiding Judges Advisory Committee vote), or flat-out disregarded (which is what happened to the overwhelmingly negative comments about CCMS from the large-county trial court IT experts surveyed by the Bureau of State Audits in 2011). And I’ve seen just about everything that comes from the Alliance of California Judges get dismissed out of hand, even though the ACJ speaks for more than 400 of us. But I’m afraid that if I don’t send in a response to this latest call for input, my silence will somehow get tallied as a vote for the status quo or for “slow reform.”
I’m voting against the status quo. I’m voting against “slow reform.” I’m urging the rapid adoption of every recommendation in the SEC report, especially the first four.
The sad, obvious truth is that the AOC has captured the institution it was meant to serve, with catastrophic results. The centralization of judicial administration, far from bringing us the vast economies of scale its architects promised, has instead yoked the entire branch to a series of disastrous policies which have drained our coffers and sapped our credibility with the other branches of government. CCMS—a half-billion-dollar folly, flawed in its conception, garbled in its design, botched in its execution—is only the most conspicuous example. By failing to provide any meaningful oversight and literally letting the AOC set its agenda, the Judicial Council allowed the AOC to mushroom into the mega- bureaucracy it is today: an agency which features needless scholars in residence and lawyers telecommuting from overseas; which has a house media organ that wastes money on pro-AOC news stories and steadfastly ignores dissenting voices; which stonewalls any attempt at reform; which lobbies the Legislature against positions supported by many, if not most, of the state’s bench officers; which can’t even give us a ballpark figure as to how many people it employs. Bringing the AOC to heel is Job One—which is exactly what the SEC report says in Recommendations 4-1 and 4-2.
Other commenters have pointed to the good works of the Education Division/CJER to justify a go-slow approach to AOC reform. A lot of dedicated people work for CJER. I use their materials all the time. But our court just laid off its juvenile traffic referees. Those bench officers handled 77,000 citations last year. (Alexandra Zavis and Ashley Powers, “An L.A. County court for young offenders closes,” Los Angeles Times, June 14, 2012.) We’ve cut back on court reporters for many civil proceedings, which means that poorer litigants are at a serious disadvantage when it comes to appealing adverse rulings. If we could have saved some of those jobs on the front lines by redirecting AOC funding, even funding for judicial education, we should have done it. Hearing cases is our business. Support functions, including judicial education, simply have to take a back seat to line operations.
So here we are: hamstrung in the performance of our duties by budget constraints; hemorrhaging talented clerks, referees, and reporters; deeply divided among ourselves; and politically enfeebled by our stubborn refusal to heed calls for reform, even when forcefully delivered by the Legislature with a blunt axe to our budget. A group of well- regarded judges has given us an incisive, insightful, and comprehensive blueprint for reform, a blueprint a year in the making and commissioned by the Chief Justice herself. We can embrace this report. We can send a message to the Legislature and to the public that we own up to the mistakes of the past and that we commit ourselves to making drastic changes. Or we can dither. We can ignore our own advice. If we don’t wholeheartedly adopt the SEC recommendations—and soon—we are taping a giant “Kick Me Harder” sign to our backs and dancing directly in front of the Legislature’s shod right foot. More to the point, we are not doing right by the people we serve. In the words of Elvis Presley: A little less conversation, a little more action, please.
Thanks for the opportunity to be heard.
GREGORY DOHI
JUDGE OF THE SUPERIOR COURT
LOS ANGELES SUPERIOR COURT
Click on the more to see all current SEC comments
Hon. B. Scott Silverman, Superior Court of Los Angeles County
Hon. Phyllis Shibata, Superior Court of Los Angeles County
Hon. C. Edward Simpson, Superior Court of Los Angeles County
Hon. Jon Takasugi, Superior Court of Los Angeles County
Hon. Charlaine F. Olmedo, Superior Court of Los Angeles County
Hon. F. Dana Walton, Superior Court of Mariposa County
Hon. W. Kent Hamlin, Superior Court of Fresno County
Mr. Todd Barton, Superior Court of Kings County
Hon. Darrell Mavis, Superior Court of Los Angeles County
Hon. Dorothy Shubin, Superior Court of Los Angeles County
Hon. Richard A. Stone, Superior Court of Los Angeles County
Hon. James B. Copelan, Superior Court of Los Angeles County
Hon. Russell Kussman, Superior Court of Los Angeles County
Hon. John S. Adams, Superior Court of Orange County
Hon. Mike Camacho, Superior Court of Los Angeles County
Hon. Helios J. Hernandez, Superior Court of Riverside County
Hon. Gus Gomez, Superior Court of Los Angeles County
Hon. Harvey A. Silberman, Superior Court of Los Angeles County
Hon. Zaven V. Sinanian, Superior Court of Los Angeles County
Hon. David J. Cowan, Superior Court of Los Angeles County
Legal Services of Northern California, by Mr. Gary F. Smith
California Trial Courts Consortium, by Ms. Mary Beth Todd and Ms. Tania Ugrin-Capobianco
Hon. Louise Halevy, Superior Court of Los Angeles County
Hon. Allen Sumner, Superior Court of Sacramento County
Hon. Salvatore T. Sirna, Superior Court of Los Angeles County
Superior Court of San Franciso County, by Hon. Katherine Feinstein
Hon. Emma Castro, Superior Court of Los Angeles County
Hon. Mina D. Fried, Superior Court of Los Angeles County
Council of California County Law Librarians, by Mr. Christopher Christman
Hon. Eugene Balonon, Superior Court of Sacramento County
Bar Association of San Francisco, by Ms. Kelly M. Dermody
Hon. Richard Pacheco, Superior Court of Orange County
Hon. H. Jay Ford, Superior Court of Los Angeles County
Hon. Margaret S. Henry, Superior Court of Los Angeles County
Hon. Julian W. Bailey, Superior Court of Orange County
Hon. Robert Martinez, Superior Court of Los Angeles County
Hon. John Murphy, Superior Court of Los Angeles County
Hon. Larry Errea, Superior Court of Kern County
Hon. Gregory Keosian, Superior Court of Los Angeles County
Hon. William McTaggart, Superior Court of Los Angeles County
Hon. Nancy Pogue, Superior Court of Los Angeles County
Hon. Susan K. Weiss, Superior Court of Los Angeles County
Hon. Marshall Rieger, Superior Court of Los Angeles County
Hon. Dennis W. Carroll, Superior Court of Los Angeles County
Hon. Elizabeth Munisoglu, Superior Court of Los Angeles County
Hon. John Fisher, Superior Court of Los Angeles County
Hon. Michael Raphael, Superior Court of Los Angeles County
Hon. Allen J. Webster, Superior Court of Los Angeles County
Hon. Debra Losnick, Superior Court of Los Angeles County
Hon. Shelly Torrealba, Superior Court of Los Angeles County
Hon. Anthony Jones, Superior Court of Los Angeles County
Hon. Cynthia A. Zuzga, Superior Court of Los Angeles County
Hon. Cheryl Chun Meegan, Superior Court of Sacramento County
Hon. Robert J. Trotten, Superior Court of Los Angeles County
Hon. John J. Garaventa, Superior Court of Tehama County
Hon. Robert Kawahara, Superior Court of Los Angeles County
Hon. Anthony J. Mohr, Superior Court of Los Angeles County
Hon. Annemarie G. Pace, Superior Court of San Bernardino County
Hon. Dudley W. Gray, Superior Court of Los Angeles County
Hon. Robert Tafoya, Superior Court of Kern County
Hon. James Bianco, Superior Court of Los Angeles County
Hon. Frank Johnson, Superior Court of Los Angeles County
Hon. Richard Adler, Superior Court of Los Angeles County
Hon. Brian C. Walsh, Superior Court of Santa Clara County
Hon. Kathryne Anne Stoltz (Ret.), Superior Court of Los Angeles County
Public Law Center, by Mr. Kenneth W. Babcock
Hon. John B. Ellis, Superior Court of Solano County
Mr. Douglas G. Denton, Administrative Office of the Courts
Hon. John W. Green, Superior Court of Los Angeles County
Hon. Daniel S. Murphy, Superior Court of Los Angeles County
Hon. Scott Gordon, Superior Court of Los Angeles County
Hon. Michael P. Linfield, Superior Court of Los Angeles County
Hon. Christopher Marshall, Superior Court of San Bernardino County
Hon. Elia Weinbach, Superior Court of Los Angeles County
Hon. John M. Pacheco, Superior Court of San Bernardino County
Hon. Bruce E. Mitchell, Superior Court of Los Angeles County
Mr. John A. Clarke, Superior Court of Los Angeles County
Hon. Gordon S. Baranco, Superior Court of Alameda County
Hon. Thomas M. Maddock, Superior Court of Contra Costa County
Hon. Brian C. Yep, Superior Court of Los Angeles County
Hon. Robert Willett, Superior Court of Los Angeles County
Hon. Randolph M. Hammock, Superior Court of Los Angeles County
Hon. Robert J. Schuit, Superior Court of Los Angeles County
Hon. Thomas C. Rogers, Superior Court of Alameda County
Hon. Michelle Williams Court, Superior Court of Los Angeles County
Hon. Daniel J. Healy, Superior Court of Solano County
Ms. Patricia Banks, Superior Court of Sacramento County
Hon. Douglas V. Mewhinney (Ret.), Superior Court of Calaveras County
Los Angeles Dependency Lawyers, by Mr. Kenneth Krekorian
Hon. Jane Godfrey, Superior Court of Los Angeles County
Hon. Nancy Newman, Superior Court of Los Angeles County
Hon. John Kralik, Superior Court of Los Angeles County
Hon. Charlotte J. Orcutt, Superior Court of San Joaquin County
Hon. Richard Kirschner, Superior Court of Los Angeles County
Hon. Kenneth G. Pritchard, Superior Court of Kern County
Hon. Lewis A. Davis, Superior Court of Contra Costa County
Superior Court of Los Angeles County, by Hon. Lee S. Edmon
Hon. Brian Hoffstadt, Superior Court of Los Angeles County
Hon. J. Stephen Czuleger, Superior Court of Los Angeles County
Hon. Roger L. Lund, Superior Court of Ventura County
Hon. Charles W. McCoy, Jr., Superior Court of Los Angeles County
Hon. Martin L. Herscovitz, Superior Court of Los Angeles County
Hon. Claudia Silbar, Superior Court of Orange County
Mr. Charlie Clausen, Superior Court of Sacramento County
OneJustice, by Ms. Linda S. Kim
Hon. Robert Harrison, Superior Court of Los Angeles County
Hon. Gerritt Wood, Superior Court of Sacramento County
Hon. Ralph W. Dau, Superior Court of Los Angeles County
Hon. Kelvin D. Filer, Superior Court of Los Angeles County
Hon. Yolanda Orozco, Superior Court of Los Angeles County
Hon. Leslie A. Swain, Superior Court of Los Angeles County
Hon. Donna F. Goldstein, Superior Court of Los Angeles County
Superior Court of Santa Clara County, by Hon. Richard J. Loftus, Jr.
Hon. Richard J. Loftus, Jr., Superior Court of Santa Clara County
Hon. John C. Lawson II, Superior Court of Los Angeles County
Hon. Patricia M. Schnegg, Superior Court of Los Angeles County
Hon. Richard A. Bennett (Ret.), Superior Court of Napa County
Hon. Mitchell Block, Superior Court of Los Angeles County
Hon. David Milton, Superior Court of Los Angeles County
Hon. Larry P. Fiddler, Superior Court of Los Angeles County
Hon. Laurie D. Zelon, Court of Appeal, Second Appellate District, Division Seven
Hon. H. Chester Horn, Jr., Superior Court of Los Angeles County
Hon. Gary Y. Tanaka, Superior Court of Los Angeles County
Hon. Adolfo Corona, Superior Court of Fresno County
Hon. Douglas G. Carnahan, Superior Court of Los Angeles County
Hon. Derek D. Johnson, Superior Court of Orange County
Hon. Michael L. Stern, Superior Court of Los Angeles County
Hon. David Szumowski, Superior Court of San Diego County
Hon. Christian Gullon, Superior Court of Los Angeles County
Hon. Dorothy B. Reyes, Superior Court of Los Angeles County
Hon. Sharon Miller, Superior Court of Los Angeles County
Hon. Dennis E. Mulcahy, Superior Court of Los Angeles County
Hon. Carolyn B. Kuhl, Superior Court of Los Angeles County
Ms. Cynthia Carillo, Superior Court of Sacramento County
Hon. Patrick J. Mahoney, Superior Court of San Francisco County
Hon. David Fields, Superior Court of Los Angeles County
Hon. George Berenson, Superior Court of Orange County
Hon. Laura Laesecke, Superior Court of Los Angeles County
Hon. Kevin Brown, Superior Court of Los Angeles County
Hon. Roy Delgado, Superior Court of Los Angeles County
Hon. William G. Willett, Superior Court of Los Angeles County
Hon. Bert Glennon, Superior Court of Los Angeles County
Hon. Mark Mooney, Superior Court of Los Angeles County
Hon. Norman P. Tarle, Superior Court of Los Angeles County
Hon. Jose A. Rodriguez, Superior Court of Los Angeles County
Hon. Rita Miller, Superior Court of Los Angeles County
Hon. James M. Steele, Superior Court of Los Angeles County
California Judges Association, by Hon. David M. Rubin
Hon. Bobby W. McNatt, Superior Court of San Joaquin County
Hon. Brenda F. Harbin-Forte, Superior Court of Alameda County
Note to Judge Harbin-Forte: Welcome to California. You’re not in Mississippi anymore.
Hon. Martin Gladstein, Superior Court of Los Angeles County
Hon. Michael McCartin, Superior Court of Orange County
In my 22 plus years as a judge (retired) I have seen the AOC evolve from a helpful, useful and well run state agency into one that is unresponsive, arrogant, and supremely wasteful of the public’s money.
Hon. Daniel Ramirez, Superior Court of Los Angeles County
Hon. Leslie G. Landau, Superior Court of Contra Costa County
California Commission on Access to Justice, by Hon. Ronald B. Robie
Perennial suck-up and judicial council insider – assisted in orchestrating the state bar response. Hear those crickets?
Hon. Andrew P. Banks, Superior Court of Orange County
The Chief assured all of us that the SEC Committee report would be ” the bible” for AOC evaluation and reform.How is it that the Council could fail to adopt even the modest proposal of Judge Wesley at the last Council meeting? Staying with the Chief’s analogy of the Report being “the bible” for reform, I ask this question: Did Moses bring down the Ten Commandments and then put them out for public comment before their adoption?
Hon. Laura Ellison, Superior Court of Los Angeles County
Hon. Derek Hunt, Superior Court of Orange County
Over time (I have been on the bench for 15 years) the prominence of the AOC seems to have grown enormously, but without its producing anything of value to the courts that I can identify. In fact, when I am obliged to think of the AOC at all, I think of the scandal – there is no other word – of the misadministration of its budget to the disadvantage of the court system in general.
Hon. Richard R. Romero, Superior Court of Los Angeles County
If we do not fix this problem ourselves, the legislature–properly–will fix it to our detriment.
Hon. Christine Moruza, Superior Court of Alameda County
JCW: The study that is likely being commissioned by the AOC will arrive at a predetermined result. If you want a truly independent study, have Los Angeles Superior Court commission the study. In countless cases we can illustrate where a court worker was able to deliver a project for a small fraction of the price the AOC and the facilities management unit and their unlicensed contractors quoted. We disagree with Mr. Stetson and believe that a facilities managers and staff are required to man the buildings and do the light stuff. There should be an organizational structure to escalate projects into that require design, construction and engineering but by no means should contractors be in charge of running the courts. It did not work in Iraq, it does not work in Afghanistan and it results in substantial deferred maintenance and operations due to sky high captive pricing.
Of particular attention of how stellar your model of delivery of world class services actually works, I give Mr. Stetson this little tidbit from Judge Hunt in San Joaquin County.
http://www.courts.ca.gov/documents/SP12-05_HuntD.pdf
“San Joaquin County Superior Court has always been one of, if not the most underfunded of the State’s 58 courts. The same duct tape still holds down the carpet in the judicial secretary’s office as it did when I arrived over 17 years ago. During that time, one of the four elevators in our main courthouse has stopped working, with no repair date projected. We still have one of the highest case loads per bench officer. There is no way to count how many times proposals to increase the number of judges here have been traded away in Sacramento or San Francisco for some other political lollipop. To some degree, I believe this is because historically, our local court hasn’t “made nice” politically with the AOC and administrative staff.”
JCW is going to be opening up a satellite in San Joaquin County next month and give some special attention to San Joaquin because we’re concerned about the plight of San Joaquin Courts in general.
Hon. Nancy Shaffer, Superior Court of Sonoma County
Hon. John Conley, Superior Court of Orange County
Hon. Lyle M. MacKenzie, Superior Court of Los Angeles County
Hon. Jan Levine, Superior Court of Los Angeles County
Just. Ouch.
Ms. Deborah Ricketts, Superior Court of Sacramento County
Thank you Ms. Deborah Ricketts, we really appreciate you stepping up to the plate. 🙂
Alliance of California Judges, by Hon. David R. Lampe
Thank you Mr. Alan Kidder, we really appreciate you stepping up to the plate. 🙂
Hon. Faye D’Opal, Superior Court of Marin County
Sucking up for a spot on the Judicial Council? Talking points? Really? At this point I believe your aspirations, views and interpretation of the California constitution make you un-electable to a democratized judicial council and quite possibly as a judge.
Hon. Kathryn Solorzano, Superior Court of Los Angeles County
Hon. Leslie E. Brown, Superior Court of Los Angeles County
“In our efforts to distinguish the judicial branch of government from the others, which find themselves the target of such vehement public backlash, we can ill afford to endorse the typical “government” practice of engaging in illogical and impractical actions, such as commissioning a self-analytical review of ourselves and, then, summarily rejecting it by “sending it to committee for further review” when we are challenged by the conclusions reached in that self-initiated process.
We should stand up, and be the adults in the room, by asserting leadership in government by accepting our self-identified shortcomings and moving forward expeditiously in resolving the problems that confront us. To do otherwise simply casts us in the same dim light as other parts of “government” that the public, rightly and vocally, disfavors.”
Hon. Laurie M. Earl, Superior Court of Sacramento County
Hon. James L. Compton, Superior Court of Kern County
Ms. Ruth Zawodny, Superior Court of Sacramento County
Ms. Christa Beebout, Superior Court of Sacramento County
Ms. Kelly Sullivan, Superior Court of Sacramento County
Hon. Elizabeth R. Feffer, Superior Court of Los Angeles County
Hon. Thomas Trent Lewis, Superior Court of Los Angeles County
Hon. Bernard J. Garber, Superior Court of San Joaquin County
Hon. Michael Gaffey, Superior Court of Alameda County
Hon. Michelle R. Rosenblatt, Superior Court of Los Angeles County
Hon. Joseph A. Brandolino, Superior Court of Los Angeles County
Hon. John L. Flynn III, Superior Court of Orange County
Hon. Barbara A. Kronlund, Superior Court of San Joaquin County
Hon. Elisabeth Sichel, Superior Court of Riverside County
Hon. Thomas Hollenhorst, Court of Appeal, Second Appellate District, Div. 2
Ms. Mary Foord, Superior Court of Sacramento County
Hon. Theresa Canepa, Superior Court of Contra Costa County
Hon. Timothy M. Fall, Superior Court of Yolo County
Hon. Steven R. Van Sicklen, Superior Court of Los Angeles County
Hon. Wayne R. Parrish, Superior Court of Mariposa County
Hon. Delbert Oros, Superior Court of Sacramento County
Hon. Janet M. Frangie, Superior Court of San Bernardino County
Hon. Gary D. Hoff, Superior Court of Fresno County
Hon. Dean Stout, Superior Court of Inyo County
Hon. James K. Hahn, Superior Court of Los Angeles County
Hon. David Downing, Superior Court of Riverside County
Hon. John Martin, Superior Court of San Bernardino County
Hon. Daniel B. Goldstein, Superior Court of San Diego County
Hon. Kenneth Barr, Superior Court of San Barnardino County
The State Bar of California Council on Access & Fairness, by Ms. Teri Cannon
Hon. John P. Kennelly, Superior Court of Sierra County
Hon. Charles R. Brehmer, Superior Court of Kern County
Hon. Wendy G. Getty, Superior Court of Solano County
Hon. George Genesta, Superior Court of Los Angeles County
Hon. John K. Stewart, Superior Court of San Francisco County
Hon. Paul Marigonda, Superior Court of Santa Cruz County
Hon. Wayne R. Ellison, Superior Court of Fresno County
Ms. Julie Jackson, Superior Court of Sacramento County
Hon. Anne-Christine Massullo, Superior Court of San Francisco County
Hon. Steve White, Superior Court of Sacramento County
Hon. Pamela Smith-Steward, Superior Court of Sacramento County
Hon. Bruce F. Marrs, Superior Court of Los Angeles County
Hon. Juan Carlos Dominguez, Superior Court of Los Angeles County
Hon. Diana Wheatley, Superior Court of Los Angeles County
Hon. William Pounders (Ret.), Superior Court of Los Angeles County
Hon. Roger Ito, Superior Court of Los Angeles County
Hon. Helen I. Bendix, Superior Court of Los Angeles County
Hon. Gregory A. Dohi, Superior Court of Los Angeles County
Hon. Lance Ito, Superior Court of Los Angeles County
Ms. Janet Davis, Superior Court of Amador County
Hon. Craig Phillips, Superior Court of Kern County
Hon. Robert L. Hess, Superior Court of Los Angeles County
Hon. Stephen A. Marcus, Superior Court of Los Angeles County
Legal Aid Association of California, by Ms. Julia R. Wilson
Hon. Don Christian, Superior Court of Los Angeles County
Hon. David C. Brougham, Superior Court of Los Angeles County
Legal Aid of Marin, by Mr. Paul S. Cohen
Hon. Paul Bacigalupo, Superior Court of Los Angeles County
Hon. Anthony M. Peters, Superior Court of Los Angeles County
Hon. Rocky L. Crabb, Superior Court of Los Angeles County
Hon. Harry S. Kinnicutt, Superior Court of Solano County
Hon. Kay Tsenin, Superior Court of San Francisco County
Hon. James McFetridge, Superior Court of Sacramento County
Hon. Matthew J. Gary, Superior Court of Sacramento County
Hon. Lesley Green, Superior Court of Los Angeles County
Members, CJER Governing Commitee, by Hon. Ronald B. Robie
Hon. Michael Johnson, Superior Court of Los Angeles County
Hon. John H. Reid, Superior Court of Los Angeles County
Hon. Kevin C. Brazile, Superior Court of Los Angeles County
Hon. Harold J. Mulville, Superior Court of Los Angeles County
Hon. Arthur M. Lew, Superior Court of Los Angeles County
Hon. Steven M. Hall, Superior Court of San Mateo County
Hon. Ariadne Symons, Superior Court of Santa Cruz County
Hon. Julia Craig Kelety, Superior Court of San Diego County
Hon. Brian Petraborg Superior Court of Los Angeles County
Hon. Hayden Zacky, Superior Court of Los Angeles County
Hon. Victor Martinez, Superior Court of Los Angeles County
Hon. Matthew P. Guasco, Superior Court of Ventura County
Hon. Mary Lou Katz, Superior Court of Los Angeles County
Hon. Sean P. Dowling, Superior Court of Nevada County
Hon. Gary T. Friedman, Superior Court of Kern County
Hon. Gilbert M. Lopez, Superior Court of Los Angeles County
Hon. William Highberger, Superior Court of Los Angeles County
Hon. William C. Ryan, Superior Court of Los Angeles County
Hon. Shari Silver, Superior Court of Los Angeles County
Hon. Colette Humphrey, Superior Court of Kern County
Hon. Susan Lopez-Giss, Superior Court of Los Angeles County
Hon. Joseph Hurley, Superior Court of Alameda County
Hon. Stanford E. Reichert, Superior Court of San Bernardino County
Hon. Michael Savage, Superior Court of Sacramento County
Hon. Michelle McKay McCoy, Superior Court of Santa Clara County
Hon. Wade Olson, Superior Court of Los Angeles County
Hon. Ryan Wright, Superior Court of Ventura County
Hon. Joel M. Wallenstein, Superior Court of Los Angeles County
Hon. Deborah L. Sanchez, Superior Court of Los Angeles County
Hon. Leslie Dunn, Superior Court of Los Angeles County
Hon. Thomas C. Falls, Superior Court of Los Angeles County
Hon. Robert A. McSorley, Superior Court of Los Angeles County
Hon. Lance Ito, Superior Court of Los Angeles County
Hon. Donald J. Sullivan, Superior Court of San Francisco County
Hon. James B. Pierce, Superior Court of Los Angeles County
Hon. Stefanie George, Superior Court of Orange County
Hon. J. Eric Bradshaw, Superior Court of Kern County
Hon. Steven Kleifield, Superior Court of Los Angeles County
Hon. George Miram, Superior Court of San Mateo County
Mr. Frederick R. Bennett, Superior Court of Los Angeles County
Hon. Peter Meeka, Superior Court of Los Angeles County
Hon. Robert J. Perry, Superior Court of Los Angeles County
Hon. Laura Hammes (Ret.), Superior Court of San Diego County
Hon. Andria K. Richey (Ret.), Superior Court of Los Angeles County
Hon. Brett C. Klein (Ret.), Superior Court of Los Angeles County
Hon. James D. Otto, Superior Court of Los Angeles County
Hon. Steven M. Lachs (Ret.), Superior Court of Los Angeles County
Hon. Sidney Chapin, Superior Court of Kern County
Hon. Donald Currier, Superior Court of Sacramento County
Hon. Suzanne N. Kingsbury, Superior Court of El Dorado County
Hon. Maryanne Gilliard, Superior Court of Sacramento County
Hon. Walter Croskey, 2nd District Court of Appeal
Hon. Hugh Walker, Superior Court of Alameda County
Hon. Gail R. Feuer, Superior Court of Los Angeles County
Hon. Linda K. Lefkowitz, Superior Court of Los Angeles County
Hon. Edward B. Moreton, Jr., Superior Court of Los Angeles County
Hon. Joseph S. Biderman, Superior Court of Los Angeles County
Hon. Lauren Weis Birnstein, Superior Court of Los Angeles County
Hon. Gerald Rosenberg, Superior Court of Los Angeles County
Hon. James Kaddo, Superior Court of Los Angeles County
Hon. Mark S. Arnold, Superior Court of Los Angeles County
Hon. Victor E. Chavez, Superior Court of Los Angeles County
Hon. Michael Kenny, Superior Court of Sacramento County
Hon. Michael Karl Kellogg, Superior Court of Los Angeles County
Hon. Lisa C. Schall, Superior Court of San Diego County
Hon. Joseph E. DiLoreto, Superior Court of Los Angeles County
Hon. Michael Dellostritto, Superior Court of Kern County
Hon. Harvey Giss, Superior Court of Los Angeles County
Hon. Michael Sweet, Superior Court of Sacramento County
Hon. Marjorie Koller, Superior Court of Sacramento County
Hon. Elizabeth A. Grimes, 2nd District Court of Appeal
Hon. Leland B. Harris, Superior Court of Los Angeles County
Hon. Terry A. Bork, Superior Court of Los Angeles County
Hon. Lorna H. Brumfield, Superior Court of Kern County
Hon. Steven Blades, Superior Court of Los Angeles County
Hon. Jeffrey M. Harkavy, Superior Court of Los Angeles County
Hon. Geanene Yriarte, Superior Court of Los Angeles County
Hon. Kevin McCormick, Superior Court of Sacramento County
Hon. Steven M. Katz, Superior Court of Kern County
Hon. Greta Curtis Fall, Superior Court of Sacramento County
Hon. Denise de Bellefeuille, Superior Court of Santa Barbara County
Hon. William C. Ryan, Superior Court of Los Angeles County
Hon. Kathleen A. Kennedy, Superior Court of Los Angeles County
Hon. Edmund Willcox Clarke, Jr., Superior Court of Los Angeles County
Hon. Rolf M. Treu, Superior Court of Los Angeles County
Hon. Charles A. Wieland, Superior Court of Madera County
Hon. Stephen Pfahler, Superior Court of Los Angeles County
Mr. Michael Roosevelt, AOC, Center for Families, Children and the Courts
Hon. Michael B. Lewis, Superior Court of Kern County
Hon. David R. Lampe, Superior Court of Kern County
Hon. Frederick Rotenberg, Superior Court of Los Angeles County
Hon. Jeffrey G. Bennett, Superior Court of Ventura County
Hon. Cory Woodward, Superior Court of Kern County
Hon. Thomas S. Clark, Superior Court of Kern County
Hon. Lester E. Olson (Ret.), Superior Court of Los Angeles County
Hon. Daniel S. Lopez, Superior Court of Los Angeles County
Hon. Leland H. Tipton, Superior Court of Los Angeles County
Hon. Patrick Marlette, Superior Court of Sacramento County
Hon. Robert A. Dukes, Superior Court of Los Angeles County
Hon. Candace J. Beason, Superior Court of Los Angeles County
Hon. Kathleen M. White, Superior Court of Yolo County
Hon. Dan Thomas Oki, Superior Court of Los Angeles County
Hon. Herbert J. Exarhos, Superior Court of San Diego County
Hon. Jon Stuebbe, Superior Court of Kern County
Hon. Michael G. Bush, Superior Court of Kern County
Hon. Jaqueline Stern, Superior Court of San Diego County
Hon. Brett London, Superior Court of Orange County
Hon. Alan S. Rosenfield, Superior Court of Los Angeles County
Hon. Ronald L. Bauer, Superior Court of Orange County
Hon. Ernest Sawtelle, Superior Court of Sacramento County
Hon. Mildred Escobedo, Superior Court of Los Angeles County
Hon. David G. Brown, Superior Court of San Diego County
Hon. Carla M. Singer, Superior Court of Orange County
Hon. Kenneth C. Twisselman II, Superior Court of Kern County
Hon. Julie Conger (Ret.), Superior Court of Alameda County
Hon. Michael Latin (Ret.), Superior Court of Los Angeles County
Hon. Runston Maino, Superior Court of San Diego County
Hon. Earl H. Maas III, Superior Court of San Diego County
Hon. Bobbi Tillmon, Superior Court of Los Angeles County
Superior Court of San Mateo County, by Hon. Beth Labson Freeman
Hon. Louis Etcheverry, Superior Court of Kern County
Hon. Charles E. Horan (Ret.), Superior Court of Los Angeles County
Hon. Mark Tansil, Superior Court of Sonoma County
Hon. Richard D. Huffman, Associate Justice, Court of Appeal
Hon. William Barry, Superior Court of Los Angeles County
Hon. Karen Nudell, Superior Court of Los Angeles County
Hon. Donald S. Kennedy, Superior Court of Los Angeles County
Hon. Curtis E. A. Karnow, Superior Court of San Francisco County
Hon. Lauren Weis Birnstein, Superior Court of Los Angeles County
Written comments received for June 21-22, 2012, Judicial Council Meeting
unionman575
July 19, 2012
More nice work JCW!
😉
Wendy Darling
July 19, 2012
“KCRA 3 tried talking to the AOC about the findings, but officials declined to be interviewed on camera.”
Sooooo not a surprise. It’s easier to lie off-camera.
And note to Judge Lampe: the Office of the Chief Justice and the Judicial Council don’t care about the law when it comes to judicial branch administration.
Long live the ACJ.
unionman575
July 19, 2012
Hmm….
Judicial Council Watcher
July 20, 2012
Further evidence of a governance train wreck. So any vote can be declared as having to have either a simple or 2/3 majority requirement but only 11 members constitute a quorum?
Again, I might need some help from one of you lawyer-types but as I read this it appears that as little as six people can push through anything the want?
unionman575
July 20, 2012
I knew that would be of interest JCW.
😉
The OBT
July 20, 2012
Thanks JCW for accessing all the SEC comments. Many of the concerns raised here over the years are set forth by the vast majority of Judges who have elected to comment. Thanks also to the many bloggers here who have been ahead of the curve in terms of of bringing to light the many excesses of the JC/AOC. Ironically those that support the AOC do so in the guise of improving “access to justice “. Please tell that to the thousands of Californians who have had their cases delayed due to the shuddering of courthouses, terminations of Court Commissioners and the layoffs of court staff. I would ask that JCW set up a subject area and invite comment after July 22nd on a thread called “Where We Go From Here ” We need to now move beyond the SEC report and urge fundamental reform of the branch including democratizing the Judicial Council, recalling our weak and out of touch Chief Justice and reforming an out of control CJP.
Judicial Council Watcher
July 20, 2012
We can do that The OBT.
Good Morning, California. Another glorious day is on the horizon.
Note: Just because the JC is cutting off public comment to the SEC report on Sunday, rest assured it is to tally the numbers and to see what kind of opposition they can muster in the days before the judicial council meeting.
In plain english, consider the public comment cutoff non-existent, though you are still advised to get those comments in before the 22nd.
Curious
July 20, 2012
JCW has hit it on the head. Remember that several Council members mumbled and fussed about when Justice Miller proposed a fixed limit on comments, and, as usual, a straightforward motion became muddled and virtually meaningless when adopted. Miller stated that it would be a “rolling” comment period, and that additional comments would be considered AS INDIVIDUAL PORTIONS OF THE SEC REPORT WERE CONSIDERED. Meaning, quite clearly, that Miller does NOT envision adopting the report wholesale, and never did, but rather laid out the beginnings of an interminable process fraught with uncertainty, unease, endless haggling, and with ample opportunity and ability of those with a vested interest in this or that program to worm their way back into the process.
Already several of the public comments make it clear that this will be the approach of the losers in this comment period, who–within their comments–have demanded to “work with” those implementing change. If allowed, this will take place in secret, and no one will see the dirty work until it’s all over. They are simply interested in maintaining what they have. Read the comments of Justice Robie, perennial Council insider and AOC rooter.
One commenter even demanded a total restructuring of the SEC committee along racial lines, believe it or not.
When I was a kid, this was called “asking for a do over”. The answer must be
“No”. The SEC report called them out. And the comment period proved that the SEC report has the support of all but a strident minority.
This battle is not for those without endurance. Former Chief George had it right on this point (one of few) when he said the same thing: It’s a marathon.
Have no fear, many are in for the long long haul. The key to this is to be constantly alert, because –I hate to say it–people are human and people sometimes break the rules. Dare I say cheat? And the loosey-goosey motions adopted at the Council give ample opportunity to those predisposed to that approach.
It’s not a battle, it’s a war.
Res Ipsa Loquitor
July 20, 2012
I have no doubt that J Miller plans to slice and dice the SEC report until it is unrecognizable. Whether he uses a Ginzu knife or a Sledgeamatic, it is up to all keep the spotlight on him and his process.
And with all due respect to the Hon. Brenda Harbin-Forte, please believe me when I say (based on my own personal experience) the AOC cares not an iota for diversity.
Judicial Council Watcher
July 20, 2012
Oh this one is sweet.
Judge Andrew Banks of Orange County:
The Chief assured all of us that the SEC Committee report would be ” the bible” for AOC evaluation and reform.How is it that the Council could fail to adopt even the modest proposal of Judge Wesley at the last Council meeting? Staying with the Chief’s analogy of the Report being “the bible” for reform, I ask this question: Did Moses bring down the Ten Commandments and then put them out for public comment before their adoption?
unionman575
July 20, 2012
Yes sweet!
😉
wearyant
July 20, 2012
Thank you, Judge Andrew Bank, for the good belly laugh! Very cathartic and appreciated as I watch from the sidelines in horror and consternation this long, drawn-out war over our great California judicial branch. It was a welcome break as the train wreck brought on by the JC/AOC/CJ continues down the track.
I wonder if the Ten Commandments would be recognizable after the JC/AOC/CJ had gone over them! Funny to think about how they would fare after the parliamentary procedure. That may be subject of another post that could end up being hilarious …
Recall Tani!
Democratize the California Judicial Council!
Long live the ACJ!
PS I’ve not seen the ACJ characterized as rebel judges for a while now. Never did care for that derogation. 🙂
Judicial Council Watcher
July 20, 2012
All of the various surveys, opinions and studies conducted over the years hardly places the ACJ in the camp of rebel judges. If anyone is rebel, it is the management of the AOC that needs to learn to heel like a well-trained dog. For that to be accomplished will require a complete regime change. Out with the old and in with the new.
JusticeCalifornia
July 20, 2012
LOL wearyant. So ironic. . . .the ACJ has become the mainstream voice of reason and catalyst for change. Meanwhile top leadership is widely viewed as an embarrassing liability. . . .
Top leadership was warned three years ago that waste and corruption was rampant, that the branch was at the breaking point, that oppression would no longer be tolerated, and that a revolution was inevitable. Top leadership didn’t listen. Apparently they believed they could rob and rule and intimidate 2,000 judges. . .and the public. . . and court employees. . .and silence anyone who complained. We all know how that has worked out.
So here we are.
Judicial Council Watcher
July 20, 2012
Ant,
I recall way back the judicial council DID vet the ten commandments and came up in agreement on 8 out of 10. Here was their spokesperson back then, Mr. Steve Martin.
wearyant
July 20, 2012
JCW: LOL! Where in the world did you find THAT? And if only the music on that video could be piped in as background for the next dog-and-pony act we’re all looking forward to.
wearyant
July 20, 2012
JCW: As you said, there should be a total regime change. All of the JC/AOC/CJ should be let go (yeah, in my dreams). But how else will the gangrene that is the AOC be rooted out? All the old guard really needs to be replaced so the branch can be reborn, clean and fresh. I wish that could be done. I would guarantee, since billV and ronO still haunt the crystal palace, they have been giving input on the SEC report to willing listeners. Thus we are hearing that a new ADOC should be sought out before implementing any of the recommendations that are clearly needed yesterday! Other dissenters to the SEC report have the rancid and rank drippings of billV and ronO. As JusticeCalifornia wisely said, so here we are.
Judicial Council Watcher
July 20, 2012
Taken from the above modified post. We continue to review the comments comments coming in.
“San Joaquin County Superior Court has always been one of, if not the most underfunded of the State’s 58 courts. The same duct tape still holds down the carpet in the judicial secretary’s office as it did when I arrived over 17 years ago. During that time, one of the four elevators in our main courthouse has stopped working, with no repair date projected. We still have one of the highest case loads per bench officer. There is no way to count how many times proposals to increase the number of judges here have been traded away in Sacramento or San Francisco for some other political lollipop. To some degree, I believe this is because historically, our local court hasn’t “made nice” politically with the AOC and administrative staff.”
JCW is going to be opening up a satellite in San Joaquin County next month and give some special attention to San Joaquin because we’re concerned about the plight of San Joaquin Courts in general.
unionman575
July 20, 2012
I love the satellite office concept JCW.
Keep up all the good work!
😉
wearyant
July 20, 2012
The CJA under signature of Hon. Rubin presented rather than comments a well-reasoned and exhaustive report in answer to the SEC findings. My faith in the CJA is renewed cautiously. For a while it appeared they were also entangled in the AOC web of deception. (I just wish the CA judges’ education could be undertaken by the CJA rather than the AOC!) The CJA’s submission was excellent! Her Honor Zelon really embarrassed herself by downright insulting all the judges who submitted comments by suggesting many were simply stuffing the ballot box. She also said the substance of certain comments should be considered over the numbers of commenters. Really, now! Grasping for something to counter the opposition? A new low, your Honor. Remember, these judges have been surveyed to death. They don’t want to be seen as agreeing to the status quo, are taking time from their harried day’s work, and some wrote one or two lines. Does that take away from their opinions? Let’s face it, there’s an utter avalanche going on in opposition to the JC/AOC/CJ continuing business as usual. My only beef is I believe the AOC should be diminished, if not completely, down to below 300 strong — totally. They can manage with that number. Remember, look at how the SEC committee managed and what they produced in 55 weeks. Oh, I just had a wonderful idea! The SEC should take over for the AOC!! (But I doubt they would want to.) ;-D
Curious
July 20, 2012
Ant, Justice Zelon’s comment was, frankly, an embarrassment. Democracy really seems to scare some folks, especially those who have had the ear of the AOC and Council for years and seem to feel entitled to keep it that way. Perhaps she objects to the fact that mere judges were actually invited to weigh in, and did so.
Wasn’t there a bit of controversy last year reported in the Courthouse News when the Justice applied for a Council spot made available when Justice Huffman stepped down after 15 years or so? Allegations about AOC lobbying on her behalf?
Her fiefdom is being threatened, and she is lashing out angrily. It’s sad to see this happen. It is beneath her.
unionman575
July 20, 2012
So stipulated.
😉
Curious
July 20, 2012
Well, Justice Zelon just got topped by a Judge named Maddock in Contra Costa.
He opined that judges must not have read the report, because he is just amazed that anyone would support it. Yep, gotta read it to believe it.
unionman575
July 20, 2012
Maddock must not have reasd it or has beer googles on…
http://www.imdb.com/video/hulu/vi3183935513/
unionman575
July 20, 2012
http://www.metnews.com/articles/2012/sec072012.htm
Metropolitan News-Enterprise
Friday, July 20, 2012
Page 1
‘Now Is Time for Reform,’ Los Angeles Superior Court Tells AOC
By KENNETH OFGANG, Staff Writer
The Judicial Council needs to implement reform of the Administrative Officer of the Courts, as proposed by the chief justice’s Strategic Evaluation Committee, without delay, the Los Angeles Superior Court has insisted.
“The fact that a new Administrative Director will soon be in place does not excuse or justify further Judicial Council delay in endorsing the SEC Report,” the court said in its formal comments on the report, a copy of which was obtained yesterday by the MetNews.
“The most significant AOC failures identified by the Report are, at bottom, failures of the Judicial Council to appropriately exercise its supervisory responsibility to oversee the AOC,” the court said. “Waiting in hopes that the AOC culture will eventually change for the better with a new Administrative Director abdicates the Council’s essential leadership role.”
Sunday is the deadline for submission of comments on the report, which was released by Chief Justice Tani Cantil-Sakauye right before Memorial Day and was scathing in its criticisms of how California trial courts have been run. The chief justice has assigned the task of acting on the report to the council’s Executive and Planning Committee, chaired by Fourth District Court of Appeal Justice Douglas Miller.
Strong Support
Courthouse News Service reported Wednesday that more than 90 percent of respondents have urged the council to implement the bulk, if not all, of the committee’s recommendations without delay. The Alliance for California Judges sent out an email yesterday urging those judges who have not responded to do so, warning that “your silence will be construed as acquiescence to the status quo.”
The local trial court endorsed immediate implementation of all SEC recommendations, praising the committee as having been “thorough, honest, independent and, most importantly, responsive to the legitimate criticisms of the Judicial Branch” and noting the diversity of its membership, its “comprehensive fact-gathering,” and its unanimity in reaching conclusions.
Beyond implementing the committee’s specific recommendations, the court said, the council must “[f]ully assert its governance authority over the AOC,” “[c]hange the culture of allowing the AOC to make policy while the Council plays only a tacit, symbolic or reactive role,” and “[p]rovide across-the-board oversight to insure the SEC recommendations are carried out and ask the members of the SEC to monitor progress and report to the Council at regular intervals.”
Rather than wait for a new director to be appointed, the court said, the council should design a process that will culminate in appointment of a director “who can be successful in meeting the goals set forth in the SEC Report” and whose performance will be evaluated based on success in achieving those goals.
“The Judicial Council’s fundamental task now is far more than simply giving a new Administrative Director an ‘opportunity’ to make unspecified changes,” the court wrote. “Rather, the Judicial Council’s duty now is to fulfill its leadership role, as never before, to demand change from the AOC, and to require that change with sufficient specificity in writing so the new Administrative Director will know from the very beginning what is expected.”
Lost Credibility
The SEC, the court said, was created to restore credibility that the branch had lost, in large part due to its costly, and ultimately failed, effort to implement a statewide case management system. That effort exposed the “lack of oversight and transparency” present in other aspects of AOC decisionmaking, the court said, citing the February 2011 report of the state auditor.
“The time for reform is now,” the court said in its concluding comment.
The MetNews yesterday also obtained the comments of Los Angeles Superior Court Judge Gregory Dohi, who complained of “survey fatigue,” complaining:
“I’ve been asked for my opinion about AOC governance by the Strategic Evaluation Committee, by the California Judges Association, by my own court (twice), and now by the [Executive and Planning] Committee. I wonder why I bother answering.
“Over the past couple of years, I’ve seen survey answers critical of the AOC diluted with bogus ‘push’ questions…distorted by court leaders…or flat-out disregarded (which is what happened to the overwhelmingly negative comments about CCMS from the large-county trial court IT experts surveyed by the Bureau of State Audits in 2011),” the judge wrote.
Dohi said he was “against the status quo” and for “the rapid adoption of every recommendation in the SEC report.”
Centralization, he wrote, has failed to produce “the vast economies of scale its architects promised” and “has instead yoked the entire branch to a series of disastrous policies which have drained our coffers and sapped our credibility with the other branches of government.”
The AOC, he said, has devolved into “an agency which features needless scholars in residence and lawyers telecommuting from overseas; which has a house media organ that wastes money on pro-AOC news stories and steadfastly ignores dissenting voices; which stonewalls any attempt at reform; which lobbies the Legislature against positions supported by many, if not most, of the state’s bench officers; which can’t even give us a ballpark figure as to how many people it employs.”
Dohi acknowledged that the AOC does some things well, like judicial education.
“But our court just laid off its juvenile traffic referees…,” he wrote. “We’ve cut back on court reporters for many civil proceedings, which means that poorer litigants are at a serious disadvantage when it comes to appealing adverse rulings. If we could have saved some of those jobs on the front lines by redirecting AOC funding, even funding for judicial education, we should have done it. Hearing cases is our business. Support functions, including judicial education, simply have to take a back seat to line operations.”
The courts, he said, should “send a message to the Legislature and to the public that we own up to the mistakes of the past and that we commit ourselves to making drastic changes” before they find themselves “taping a giant ‘Kick Me Harder; sign to our backs and dancing directly in front of the Legislature’s shod right foot.”