July 31, 2012
Dear Members and Others,
Last Friday afternoon, following the public meeting, the Judicial Council met in executive session and selected retired Shasta County Superior Court Judge Steven Jahr as the AOC’s next Executive Director.
If the announcement caught you off guard, you were not alone. The appointment of a new Executive Director was not listed on the Council’s public agenda and the unanimous vote occurred behind closed doors. Following this email is an article by Daily Journal reporter Paul Jones which details last Friday’s late-breaking news.
In addition, we attach for your review two letters penned by the incoming Executive Director. These letters reveal that in the recent past he has gone on record opposing judicial branch budget reforms and, more disturbingly, questioning the motives of those of us who have sounded the alarm at wasteful spending by the AOC and advocated for greater transparency and accountability.
We hope that these letters merely reflect a “snapshot in time” of the new Director’s views, and we encourage you to read them yourselves. We hope they are not reflective of how he will respond to those of us who offer a differing point of view. A few quotes illustrate our concerns.
From a five-page letter dated March 2, 2011, addressed ‘Dear Colleagues” and stamped “RECEIVED” March 8, 2011, by AOC General Counsel Mary Roberts:
“Although retired from the bench, I am aware that some judges have asserted that the Judicial Council failed to do what the Legislature intended because the council did not adopt a “trial courts bill of rights.” As one (of many) who was actively involved in implementing the legislative intent as expressed in the statutes enacted under AB 233, I can say with confidence that those assertions miss the point.” (Pages 4 and 5.)
“Each of us is entitled to our own opinion, and I have no quarrel with those whose opinions may differ from mine. But we are not entitled to our own facts. And it is simply inaccurate to blame the Judicial Council for failing to do what it was not charged with doing, especially in light of the fact–not opinion–that the council did as it was charged.” (Page 5.)
From a two page letter dated December 9, 2011, and addressed “Dear Chief Justice and Members of the Judicial Council”:
“Now these judges have, according to their letter dated December 5, 2011, with enclosures, abandoned those allegations, redrafted their proposed statutory language, the May 8, 2011 version of which I have now read, and supported this effort with allegations of waste and inefficiency on the part of the Judicial Council and Administrative Office of the Courts in the management of trial court operations funding.” (Page 1.)
“As for the present allegations offered by these judges, I will be the first to say I have no first hand information to offer. My involvement in budgeting matters took place in the 1990’s, and a decade has gone by since I served on the Judicial Council myself. But I do know that as one of her first initiatives, our Chief Justice established a Strategic Evaluation Committee to assess the operations of the AOC, top to bottom, which will necessarily examine the assertions raised by these judges. Such an inventory and assessment is wholesome and it is due. Furthermore, the Chief Justice appointed retired Justice Arthur Scotland to chair that effort. The conclusions and recommendations reached by a committee so guided will be unflinching and they will be thorough. It is by those means that the present allegations can be addressed in a way that most benefits the public we serve.” (Page 2.)
We can only hope that Judge Jahr has now carefully read the SEC report as well as the report on CCMS which was done by the respected State Auditor. Any objective reader of these two reports would necessarily conclude that the “assertions” and “allegations” made by “these judges” have been verified and confirmed.
As always, we will endeavor to keep you updated as events warrant.
Directors, Alliance of California Judges
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JCW: We omitted an included article that indicated special permi$$ion had to be obtained to post it on a website. (even though we can apparently use it in a collaborative effort) And they wonder why attorneys were stoned in public around the time of the founding of this great nation…..
__________________________________________________
sunlight
July 30, 2012
questioning the motives of those calling for reform and/or attacking their credibility is the oldest trick in the book. Thank you, ACJ, for not giving up.
Emma Peal
July 30, 2012
It’s so sad to see that nothing is going to change with this new appointment to the directors position, I just read judge Jahr’s five page statement about the AOC on 3/2/11. If he really cares about the situation in hand he will do his best not cover up for the AOC’s past behavior and make the changes that are needed and restore the public confidants in our judicial system and not drink from the same troff as the rest of them!
courtflea
July 30, 2012
I really like the name J. Head. does not offend those that are semper fidelis. 🙂
I am still offened by his appointment. How do you say screw the JC in latin?
Thanks ACJ for putting out that letter so quickly. It would have been even better if you had pointed out his lack of administrative experience..
unionman575
July 30, 2012
Screw iudicialis Concilium
😉
Nathaniel Woodhull
July 31, 2012
Perhaps a closer translation might be: Concubitus Ludicialis Concillum. With apologies to Professor Tobias R.
crtwatchr
July 31, 2012
I know how you say “Steven Jahr” in Latin – “Status Quo”
Wendy Darling
July 31, 2012
Oh, my, General Woodhull and crtwatchr, so funny and soooo true. And people say Latin is a dead language!
Long live the ACJ.
JusticeCalifornia
July 30, 2012
The Chief Justice was given the benefit of the doubt by many. She disappointed many.
Some want to give Director Jahr the benefit of the doubt as well. He has ever so many immediate opportunities to show what he is made of. Let’s see what he does. Is he hopelessly stuck in the past, or can he read the handwriting on the wall? Is he willing and able to clean up messes he has helped make, and move this branch forward in a positive manner –taking the chief with him? Yes, courtflea, I am a member of Pollyanna’s anonymous.
Judicial Council Watcher
July 30, 2012
Thanks to the motley crew running this place, we bring you AOC Executive Director Designate Mr. Steven Jahr appended to the bottom of this post..
…or you can go insane for the next 10 hours listening to this.
Wendy Darling
July 30, 2012
FYI to Mr. Jahr: Trust comes first and foremost by being truthful. Telling the truth, and not punishing people for being truthful, is what builds trust.
Long live the ACJ.
unionman575
July 30, 2012
Wendy, so stipulated!
😉
Wendy Darling
July 30, 2012
I’m sure you noticed, Unionman, that in that entire speech, there wasn’t a single reference to being truthful with branch stake holders.
Long live the ACJ.
unionman575
July 30, 2012
That did not escape me Wendy.
😉
Here’s my initial reacton to the JC video above:
Lando
July 30, 2012
J Jahr. One question. Can you please just go ahead and implement the SEC’s recommendations forthwith ? That would build some trust if you are sincere about establishing that.
Wendy Darling
July 30, 2012
That would be a good start, Lando. But don’t hold your breath.
unionman575
July 30, 2012
Someone get me a bucket!
The OBT
July 30, 2012
Hmm what did Mr Jahr say in that video? Nothing to lead me to believe anything will ever change. J Hull said he went on a nation wide search for a new AOC Director and all along we had our best candidate right here , a loyal supporter of Ron George , who was against 1208 and has no relevant administrative experience . All this leads me to believe the “insular” “insider” culture at 455 Golden Gate will continue on despite the compelling case for reform set forth by the SEC and the huge number of Judges that posted comments on the JC website supporting the SEC conclusions. We need to democratize the Judicial Council and recall the Chief Justice.
Wendy Darling
July 31, 2012
Until and unless there is a legislative correction, nothing will materially change at 455 Golden Gate Avenue. Nothing.
Long live the ACJ.
Lando
July 31, 2012
I know that powerful members of the legislature read this website. The appointment of J Jahr as head of the AOC is a strong reminder that the people running the crystal palace are not getting it. I would ask that the legislature support legislation to democratize the Judicial Council so that there will be no further delay in reforming the branch. In addition the legislature needs to hold some hearings on the CJP as they have spun way out of control and waste huge amounts of valuable taxpayer dollars in petty and needless investigations. One only need look to the recent public admonishment of a judge who told a lawyer to do their job or countless other cases where investigations were opened on specious claims only to be closed after months of needless investigation .The common theme? The Chief Justice and the insular branch leadership will make no effort to change and reform the abuses of the AOC and CJP , therefore the legislature is our only hope for long term reform.
Curious
July 31, 2012
You are right, Lando. I wonder exactly what the Council found lacking in the other 17 candidates? Perhaps they actually believed that change was a must. Obviously the Council doesn’t. J Jahr helped George force through unification, traveling the state with AOC types. Even when retired he answered the call to slam the ACJ and AB 1208 for the Chief and AOC, “as a private citizen.” If it walks like a duck…
Res Ipsa Loquitor
July 31, 2012
Jahr was a loyal soldier, one of the JC people that George absolutely loved, and others as loyal and loved were rewarded well (Sheila Calabro, J McConnell, J O’Leary, Fritz, et al.), and you would have thought that a seat on the Third District would have been Jahr’s reward. But nothing other than committee appointments — and now, this. I cannot believe that Jahr was hanging around waiting for Vickrey to retire. It is also hard to believe that he would ever see himself in the role as Executive Director.
So what happened here?
Judicial Council Watcher
July 31, 2012
An offer of a quarter million dollars a year with a guarantee of a rugged, front line defense in the form of a judicial council that wants to continue to allow the AOC to run amok.
To comment from above JusticeCalifornia, the problem with acting judiciously is that those who act judiciously usually have someone else bring the charge while they remain neutral and impartial.
Given that there is no one in the judicial branch to actually bring any charges that he would consider, his judicial nature, just like it has in the recent past will cause him to believe that there exists no evidence to support action. We’ve shown he’s spouted this mantra in his recent opinion pieces. We anticipate it will also happen with the SEC report.
Nathaniel Woodhull
July 31, 2012
The OBT and Lando are correct once again. If anything, it appears that the Crystal Palace is circling the wagons outside their walls and becoming even more insular.
The only cure is action by the Legislature and a complete effort to democratize the Judicial Council.
JusticeCalifornia
July 31, 2012
What I heard Jahr say is that he going to “learn, listen” and be judicious– in other words, judge. It sounds like he intends to follow Patel’s footsteps and be a decision maker about which (if any) reforms are undertaken and which are not.
What we know is that Jahr just provided at least 9 weeks of time for those wishing to argue for delay of the implementation of SEC recommendations.
Even if he has the best of intentions, the job facing anyone filling this position is monumental. His CV makes clear that he has extraordinarily limited administrative experience, and the bulk of his experience is from the 90’s. His home court has not been a model of either administrative excellence or access to justice. At present it is arguably best known to many for proceeding full speed ahead for 19 long years to abuse the Assigned Judges Program via Jack Halpin; and ignoring or brutally retaliating against those who complain. He may have been on the state rules committee but Shasta County is remarkable for its unwritten local rules of practice. As such, he is in the compromised position of saying “Trust me, I am qualified for this monumental task, listen to what I say, but don’t look at what my court has done and is doing as proof of my leadership and administrative skills”.
He is a deer in the headlights — easy pickings for control by Team George.
Democratize the Judicial Council.
Blind Bulldog
July 31, 2012
Dear JCW,
I am from Shasta County and I know exactly why Judge Jahr was appointed, he was, and I assume still is, very malleable. He is the perfect puppet for the AOC to control from behind the scenes and I’m sure that is exactly why he was chosen.
We will all soon see Judge Jahr come up with opinions and policys directly opposed to what we know to be fair and just, these opinions and policies will not be his own but spoon fed to him by his handlers; I fear this is a giant step backwards.
Judicial Council Watcher
July 31, 2012
We’re inclined to agree. We also found out we were correct (channeling gomer pyle: Su-prize, su-prize!) insofar as Mr. Jahr was found by the committee that abandoned the work of their nationwide headhunter and chose Mr. Jahr “because he had the necessary qualifications”
We’re still trying to figure out what those qualifications are because if we were the executive search firm, this resume wouldn’t have even blipped on the radar.
unionman575
July 31, 2012
Blind Bulldog
July 31, 2012
Excellent Unionman, Judge and now Director Blue Tack.
JusticeCalifornia
July 31, 2012
indeed, BB. Thus far, as far as I can tell (someone correct me if I am wrong) Shasta County Court leadership has been MBC.
courtflea
July 31, 2012
JCW: that Darth Vader sound track is HOT. 🙂 But J Head’s video was very lame and casper milk toast if you ask me. I agree with Lando, he should have at least mentioned the SEC report. And what is this about the next 8 weeks?! Boyfriend, your learning curve is going to be a lot longer than that and that is what worries me and others here. An excuse to do nothing and wait out the latest fire.
JC, I will give the new Dirketor a chance when he starts showing he deserves one. I am a tad bit fed up. I am going to give him the French system of justice: guilty until proven inocent.
STUART MICHAEL
July 31, 2012
JC & BB and other posters have it right on about J. Jahr & Shasta Co.
he was a nice guy with a good rep at the time among other judges/admins
he was gone when the s..t really hit the fan but he should have smelled it coming.
like so many others (including my own court) – he & Shasta Court benefited from playing the JC/AOC game
Alan Ernesto Phillips
July 31, 2012
Saw the canned video… [yawn…] He said he knows how to listen…
What he didn’t say is that he also has learned to read a teleprompter.
That’s not the Steven Jahr I remember. He was far more animated and genuine-sounding before… From the apparent jump cuts (bad edits that hide how many takes it took to get the most desirable reads) it seems “they” are framing Mr. Jahr-Jahr (headed for the Death Star) as a, I’m here to make everyone BETTER koolaid, kind of guy. Compared to his speeches of the past he sadly seemed pasty and Stepford-like to me.
Like the great Blind Bulldog, I too remember, and am concerned about Mr. Jahr running the AOC… Just as a tax-paying indicator species, I do not have more confidence in our systems for now.
FWIW: My personal and professional observations of Mr. Jahr are at the bottom of a previous JCW post: https://judicialcouncilwatcher.wordpress.com/2012/07/27/sec-an-endless-summer-of-comments/
In spite of my fears I do hope that Mr. Jahr truly does the “right thing,” and can perhaps find “immunity” when he endorses the SEC recommendations. THAT… would be doing the “right thing!”
Meanness is a symptom of unhappiness… and Tani the Terrible, I fear, is VERY unhappy by virtue of this under qualified, enabling appointment…
DEMOCRATIZE THE JC, recall Tani; here’s to JCW, Blind Bulldog, Justice California, and the truer stewards of our needy children and families.
crtwatchr
July 31, 2012
Judge Jahr is another bad decision in a long line of very bad decisions by the Judicial Council. Each time the JC/AOC is given an opportunity to change course, it demonstrates its commitment to the status quo.
The selection of Judge Jahr sends a very strong message that nothing is going to change. But why should that come as a surprise to anyone. This is the same JC that went 10 years without a dissenting vote on any issue brought before it.
The same JC whose first reaction when presented with the State Auditor’s report was to defend the AOC executive team that created the mess. The same AOC executive team that never once reported to the JC there were any problems with the project or its management of it. Think about that for a minute. In private industry if an outside auditor came in with a report highlighting a series of long standing structural problems with a project, do you think the CEO would have been around the next day. Particularly when every status report the CEO ever gave the board of directors was positive, without reservation.
Instead, the JC named a conference room after the CEO, before he even retired.
The JC is arrogant and its arrogance is the root cause of its inevitable downfall. Judge Jahr has no idea how much the balance of power has shifted away from the AOC over the last several years. He saw Bill V./Ron O. in action and thinks he will be able to walk into a room of PJs/CEOs who will obediently listen and nod their heads in agreement. Things are much different now and when all staff are asked to leave the PJ meeting during an open forum, I hope he understands that will mean him as well.
He is the wrong person at the wrong time.
JusticeCalifornia
July 31, 2012
Very astute comments, crtwatchr.
Michael Paul
July 31, 2012
Jhar-Jhar of the death star.Teleprompter all the way. This video was meant to tamp the brewing fire down and looks like it was first cut and rushed.
Not the Ministry of Truth’s finest work but they were being put under the gun since the planners dropped the ball about actually having the guy say something.
He handled the media well but the only people who get invited are those that write softball stories and ask nerfball questions.
Dan Dydzak
July 31, 2012
I hope that the new AOC head will change things. However, since his appointment or during the same time frame, this is what has happened to me in various litigation:
(1) The Court of Appeal dismissed one of my cases without merit through two LA friendly, AOC-Judicial Council friendly Court of Appeal judges who are intimate friends of both R. George and CJ Tani; a motion to set aside their Order due to extrinsic fraud or fraud upon the court, among other remedies, will be sought. Clearly, there were ex parte communications by George and others to members of the judiciary and others–clearly illegal.
(2) My trial judge in Orange County, Gregory Munoz, has numerous personal and professional ties to many of the material witnesses and parties in the litigation. This is DYDZAK V. DUNN et al. This is the case where a receivership motion is being sought. I filed a disqualification declaration (verified) on July 26, 2012, and it is NOT yet on the docket. In the minute order, it is indicated that this issue of disqualification has been brought to the attention of the legal department (i.e., Ms. Roberts, AOC head attorney–i.e. Ronald M. George and Tani’s point person to fix cases with Sarah Overton, Esq. Munoz’s sister, Frances Munoz, a retired OC judge, is good friends, as is Gregory Munoz, with a lot of the parties, including ret. justice Carlos Moreno. Obviously, Judge Munoz has to disqualify himself. Clearly, the intially filed lawsuit was fixed to go to an AOC–Judicial Council-CA Supreme Court frendly judge, ie. fixed.
Hopefully, Judge Munoz will do the right thing and disqualify himself forthwtih. The receivership motion has been continued to August 30, 2012, with other motions.
(3) A private investigator has mysteriously called me, apparently trying to get info out of me.
This investigator has ties to Girardi and others being sued.
(4) An absurd rumor is being circulated that allegedly a few years ago I threatened a judge or judges at their residence address or number. This is absurd and ridivulous. I am law-abiding and don’t socialize at all with any judges. When I actively practiced for many years, I had no friends who were judges and only saw judges at court appearances. The main reason for that–I was ethical –I did not want to be accused of trying to improperly influence judges, such as ccertain attorney at the Chancery Club (e.g., Thomas V. Girardi, Esq. who buys dinner and
gives freebies to the CA Superme Court all the time, as well as banker Alan Rothenberg, Esq., former State Bar President.
So the Ronald George–attorney Roberts–Tani PR machine is in full swing to (1) try to fix my case (2) do a PR Hatchet job on me.
Will things really change at the AOC? Or with State Bar insiders. What about democracy in the Judicial Council. Why not a complete voting system where all the judges can vote for who gets on the council.
My case, DYDZAK V. DUNN, continues, hopefully with a fair judge. It will be interesting to see if R. George defaults or answers. Now he is being represented by the AG Harris who cannot eexplain what happened to the 560 million fund she won’t give to Gov. Brown. She and Tony west have a lot of explaining to do–where is their accountinjg?
I am putting up the above info to show I am ethical and above board. Hopefully, the new AOC director is honest and will allow an audit and accounting and receiver to come in. If he is really serious about cleaning shop. And hopefully he will tell AOC attoneys like Ms. Roberts to not do a dishonest PR hatchet job on me.
Keep up the good work, Judicial Council Watcher.
Respectfully–
Res Ipsa Loquitor
July 31, 2012
Hi Dan, I enjoy your posts on this site and just wanted to send you a message that what you are experiencing (false rumors, investigators, and other mind games) are the textbook AOC response. I have seen it more than once, and the goal of all this is to get you to lose it, do something impetuous or irresponsible, so they can then use your response against you.
A classic example of AOC goading can be found in Paula Negley’s opening appellate brief, which is posted on this site. When it comes to the AOC you must always remember that these are not good people, these are not honorable people. Be strong.
Paula J. Negley
July 31, 2012
Speaking from personal experience, Dan Dydzak should also be watching out for his personal safety, and taking precautions about things like having his house burglarized.
Not honorable people – very true, Res Ipsa Loguitor.
JusticeCalifornia
July 31, 2012
Speaking from personal experience, movers and shakers walk a fine line between those whom they believe can be relied upon to be silently trampled upon, and those who, based upon official, impeccable, meticulous records, cannot. This is why an official, impeccable, meticulous record is a necessity, not a luxury.
unionman575
July 31, 2012
Keep up the good work, Judicial Council Watcher.
Ditto!