Tomorrow, August 9th, the Judicial Council’s Executive and Planning Committee will meet to discuss the public comments received concerning the SEC report and how best to proceed on the recommendations. They will present their recommendations to the Judicial Council at the business meeting on August 30-31.
The E&P Committee routinely meets behind closed doors and rarely, if ever, permits the public to witness their actions, though the Rules of Court permit the chair of the committee to open the meetings to the public.
This committee is viewed as the most powerful internal Council committee. The committee has control over Council agendas, acts for the Council between Council meetings, and is responsible for oversight of court facilities, budgets, long term planning and Judicial Council governance policies, among other things.
In fact, the entire Judicial Council Governance Policy, an appendix to Title 10 of the California Rules of Court, was adopted several years ago by the E&P Committee by way of a telephonic conference call. Thereafter, based on that document, a wholesale revision of the Title 10 Rules of Court was accomplished by E and P by putting the Rules on the consent agenda. This maneuvering allowed the entire heart of branch governance to be drastically amended without any public discussion whatsoever. These actions stand as one of the best examples of the need for real reform and real transparency.
Yesterday, the Alliance sent a request to the Chairman of the E&P Committee, Justice Douglas Miller, to open up the August 9th meeting to public scrutiny. We include that request for your information.
This morning, the Alliance received the following response from Justice Miller:
“Thanks for your request. I will discuss it with the committee members.”
The Alliance believes that any discussion regarding whether or not a meeting will be open to the public should itself be conducted in public. One of the best ways to ensure accountability is through a process whereby the judges of this state, the public, and members of the press are able to see for themselves which members embrace transparency and which members favor the closed door status quo.
Those judges who publicly posted their comments on a website for the world to see should now be able to scrutinize in the light of day how the Council’s most powerful committee will proceed on implementing–or not–the SEC recommendations.
As always, we will keep you updated as events occur.
Judicial Council Watcher 
unionman575
August 8, 2012
5 star coverage as always JCW!
😉
Official
August 8, 2012
“Thanks for your request. I will discuss it with the committee members.”
Wow. This comment in response to the compelling Alliance request to be transparent truly shows the arrogance of the Council. What egos! They really must believe they are untouchable, even with the heat of the budget cuts, the SEC report, the Alliance revolution, and the public scrutiny!!!
Justice Miller, at least give a sincere “thank you” instead of a flippant “thanks” when essentially publicly telling the ACJ to fuck off and butt out.
Judicial Council Watcher
August 8, 2012
He’ll discuss it with the committee…… When they meet tomorrow…… How thoughtful.
This is a marathon, not a race. Fighting this kind of corruption does not happen overnight. They’re doing everything they can to cover their trail and preserve inaction, knowing the big boot of democracy is going to kick them in the ass and out of office sooner or later.
unionman575
August 8, 2012
http://www.wikihow.com/Get-out-of-Quicksand
unionman575
August 8, 2012
Mind-boggling
Quite simple; mind + boggle = mind-boggling
Official
August 9, 2012
“They’re doing everything they can to cover their trail and preserve inaction, knowing the big boot of democracy is going to kick them in the ass and out of office sooner or later.”
My sentiments exactly. I realize there are those that will go down with the ship because they are too afraid to stand up for what they know is right. Fear and shame can paralyze the human soul.
But what I can’t believe is that there isn’t ONE HERO who knows right from wrong amongst us – just one who will stand up to this type of arrogance and wrongdoing.
Wendy Darling
August 8, 2012
Two suggested entries for Delilah’s Dictionary:
“Thanks for your request. I will discuss it with the committee members” =’s a politely dismissive way of telling 400+ judges to go f*uck themselves.
California Judicial Branch “transparency” =’s meeting behind closed doors, discussing the public’s business in secret, and prohibiting the public, or even other judges, from attending.
It is worth noting that all Committee meetings of the State Legislature are open to the public. All of them. Every single one.
Long live the ACJ.
courtflea
August 8, 2012
Ok, the AOC, the CJ and the JC have been totally smacked around by the legislature regarding fund balances and the movement of money. And this is how they act???!! Why don’t they just beg the legislature to enact legislation that requires the branch to be subject to open meeting laws!! Justice Miller, time to start looking at the big picture. It is so much easier for the branch to set their own rules on being open about their business than having the legislature force it down your throat. Think about it Justice Miller, think about it. This is exactly why some Judges make shitty administrators.
The OBT
August 8, 2012
Give me a break. Justice Miller needs to check with other E and P committee members before doing what is right? This from the “transparent” head of E and P ? I keep saying this “insular ” crowd lives in a tower far removed from reality. Open meetings a hallmark of our great democracy is something the ” insiders ” that rule 455 Golden Gate could care less about. The preservation of their power is all that matters. My guess is that Justice Miller also needs to run this open meeting request by Ronald George and Justice Huffman who many believe are still running this mess . Democratize the Judicial Council and recall the CJ so common sense , fiscal accountability, integrity and open government can be restored to our branch.
unionman575
August 8, 2012
http://en.wikipedia.org/wiki/Ivory_Tower
Judicial Council Watcher
August 9, 2012
Sunshine is the best of disinfectants. It is obvious to all that the rule of court regarding pubic records is a joke and the joke is on the public and the entire branch. Legislation should be passed subjecting both the AOC and the Judicial Council to both the open meeting act and the public records act.
A rule of court is ineffectual and only conceals criminal behavior.
unionman575
August 9, 2012
JCW I agree.
Yes the CRC is a joke. We need legislation.
😉
courtflea
August 8, 2012
After my tirade above I checked out the composition of the E&P and was shocked by the small amount of members. It makes me even madder that so few are making such important decisions. you can’t make this stuff up eh N Woodhull?
unionman575
August 8, 2012
That is the inner circle.
Judicial Council Watcher
August 9, 2012
Good Morning, California. Today is the day where we find out if the E&P committee will actually open their meeting to the public.
After some information we received yesterday, we’re thinking – probably not.
The information we received indicates that we have not heard the last from the power brokers in the state bar, the AOC and on the Judicial Council regarding the AB1208 language inserted into the budget trailer bill.
The allegation being made by a usually trusted source indicates 4 termed out legislators have been approached with promises of a fat war chest and endorsements aplenty for their next political run if they insert language into any bill that negates the provisions of AB1208 language inserted into the budget trailer bill passed a few months ago.
Apparently our Chief Justice is doing a double flip-flop.
The point here is that we must all remain vigilant, most especially to critical, unrelated legislation that must pass to ensure that the gains recently made aren’t reversed. Surely the Chief Justice’s last flip-flop has everyone off-guard for this kind of ploy but it is important to remember this is the kind of B.S that the power brokers engage in.
Lando
August 9, 2012
And by delaying the decision to open the E and P meeting to the last second who from the public will travel to the crystal palace to speak and observe what should be a public meeting ? J Miller you talk the talk but you don’t walk the walk. You are fooling no one. Just like J Hull fooled no one on the Jahr appointment. What amazes me is that these “insiders” don’t get it. Even after the SEC report and the incredible number of comments to their online survey they still just ignore what fair and objective advice they receive to preserve their power which is bringing down an entire branch of our democracy. We need legislative intervention to end the insular and anti democratic rule of those that seek only to preserve their power.
Dan Dydzak
August 9, 2012
Two words. Star Chamber.
The OBT
August 9, 2012
So many comments above have nailed it. The problem that pervades 455 Golden Gate is arrogance and secrecy. The closed star chamber proceedings have led to the undermining of the very principles of government we all cherish and what generations have sacrificed for.The legislature needs to conduct full and complete investigations into the workings of the JC/AOC and CJP. Both star chambers have abused far too many for far too long. Democratizing each would be huge step in ending their closed , arbitrary and insular rule .
Nathaniel Woodhull
August 9, 2012
JCW provides further evidence of the previously stated reality. Does anyone really believe that the current Chief Justice has the intellectual and/or political horsepower to orchestrate these types of endeavors????
Car54 where are you? Ronald George where are you?
Judicial Council Watcher
August 9, 2012
“In fact, the entire Judicial Council Governance Policy, an appendix to Title 10 of the California Rules of Court, was adopted several years ago by the E&P Committee by way of a telephonic conference call. Thereafter, based on that document, a wholesale revision of the Title 10 Rules of Court was accomplished by E and P by putting the Rules on the consent agenda. This maneuvering allowed the entire heart of branch governance to be drastically amended without any public discussion whatsoever. These actions stand as one of the best examples of the need for real reform and real transparency.
Between Judicial Council meetings, this group of kangaroo governance henchmen (Wesley excluded) has the power to make any and all decisions without vetting anything, without public comment and without debate.
At 4:14 into the following segment, what did the now Chief Justice say?
http://abclocal.go.com/kgo/story?section=news/assignment_7&id=7298861
Oh, wait! I’m sorry, I forgot there was another version of the truth.
Judicial Council Watcher
August 9, 2012
Just published in the Daily Journal this morning: A synopsis of this article because DJ wants over 500 bucks to post a PDF on a website.
Closed meeting draws ire
By Paul Jones
A meeting today of the Judicial Council’s Executive and Planning Committee to discuss how to implement recommendations of a critical report aimed at reforming the Administrative Office of the Courts is causing its own controversy.
[snip]
Judge Charles D. Wachob of Placer County Superior Court, the chair of the Strategic Evaluation Committee, also said he’d asked Miller to make today’s meeting public.
“My personal feeling is that a primary theme of the SEC report is that transparency, accountability, and efficiency of the AOC must increase,” Wachob said. “Therefore, consistent with the themes in the report, I felt that transparency is promoted by having an open discussion of the recommendations made in the report. Especially when there is such a high degree of interest in the public, and in the judicial branch itself.”
[snip]
On Wednesday, Miller said he would put the question about opening the meeting to the committee when it’s scheduled to meet today.
[snip]
“We’re not the determinative body, we’re not making any decisions,” Miller said. JCW: He also indicated that if the meeting were to be made public, he would reschedule it. Not likely after everyone travels to get to todays meeting.
[snip]
Judge Gilliard:
“We should be able to hear the discussion – open up the meeting so the judges, public and press can hear the discussion that’s occurring regarding what’s the most important issue our branch has faced in 15 years,” she said. “It’s an open report with open comment on the World Wide Web and they specifically are meeting to discuss the public comments – in private.”
[snip]
Miller said that SEC members and California Judges Association President Judge David Rubin of San Diego County Superior Court would be in attendance, as well as several other judges who will be joining the Executive and Planning Commission in September.
Curious
August 9, 2012
Miller is not at correct when he says his committee will make no decisions on SEC. They will decide what recommendation to make to the Council. That’s the entire purpose of the meeting. They will VOTE in order to do that. The result of the vote will be a DECISION. The fact that the Council then has the ultimate say does not mean E and P is meaningless here. Miller said at the last Council meeting that he and his committee “took ownership” of the report. What are they doing today, staring at it and poking it? OF COURSE they are making decisions about the future of the report and its recommendations. He will, based upon the decisions made today, stand before the Council on 8/30 or 8/31 and ask them to take, or not take, action. What was he thinking when he made that comment? It is nonsense.
E and P is hugely powerful. The Council invariably follows its lead. That’s why Dick Huffman ran it for 13 or 14 years or whatever it was. It is the EXECUTIVE and PLANNING component of the Council. Read the rules under which they operate. Read the Judicial Council Policies.
Any implication that they are just some little advisory body with no clout is twaddle. Pure bunk.
Res Ipsa Loquitor
August 9, 2012
Thank you Judge Wachob for putting J Miller on the spot. Clearly J Miller does not want an open meeting, but the public demand (and press reporting) are going to make the denial more damning. If the E&P meets in closed session, they will not only eliminate whatever credibility they had left, but will also add to the firestorm abrewing. It will be interesting to see if J Miller can overcome the sense of denial at 455 Golden Gate.
BTW: Heard a political commentator opine that a politico was so dense that “he thought denial was a river in Egypt.” 🙂 🙂 J Miller, do you know the difference?
courtflea
August 9, 2012
Well right on to the Daily Journal for exposing the E&P. many working in the branch including judges are not aware of the E&P and the power they wield. I sincerly hope the judges that are attending this “secret” meeting today will let the Daily Journal and the Met News what occurred.
EARTH TO TANI EARTH TO TANI: are you getting it??!!
Wendy Darling
August 9, 2012
No, Flea, she is not getting it. She is, most definitely, not “getting it.”
Long live the ACJ.
Dan Dydzak
August 9, 2012
FYI, in my case, DYDZAK V. DUNN I have filed the following doe amendments adding in addtional parties for RICO and other tortious activity.
(1) GREGORY MUNOZ, Judge of OC Superior Court who unethically refuses to disqualify himself and unethically ruled on his own disqualification. MUNOZ was served today with First Amended Complaint, First Amended Summons and other related pleadings. Apparently not an Alliance Judge and directed by R. George and his crowd to “fix” my case and engaged in other RICO/tortious activity.
(2) DOUGLAS P. MILLER, Orange County Court of Appeal Judge, involved in “fixing” my case with R. George and his crowd and engaged in other RICO/tortious activity. Apparently not an Alliance Judge and big buddy of numerous Judicial Council hangers on.
(3) FRANCES MUNOZ, inactive attorney and former OC Superior Court Judge, involved in RICO activities and tortious conducts with her brother to “fix” my case with Carlos Moreno, Ronald M. George and others. Active on Judicial Council and part of the old crowd that loves R. George despite his corruption.
(4) THOMAS J. BORRIS, present presiding Judge of Orange County, engaged in the aforesaid illegal activity. Friend of Thomas V. Girardi and Thomas More Society/Loyola Law Schoo who would rather protect the chief
A employee of the Orange County Superior Court committed obstruction of justice in not allowing me to file a pleading today pertaining to suing GREGORY MUNOZ, and Mr. Carlson, attorney and Clerk of the Court, was not available to speak with about this egregious legal activity. Do we live in the “land of the free”?
I am in shock that my case was “rigged” before it was filed, and the above individuals will be held to account. R. George, this is illegal, criminal conduct in trying to rig cases with your “friends”. And you were Chief Justice sworn to uphold the CA Constitution? Why don’t you call Chief Justice Roberts of US Supreme Court–he could well instruct you on ethics.
Justice MILLER, if you read this, welcome to my lawsuit and open the hearing. I am always open to reasonable settlement, but it may take a legal sledgehammer on peoples’ skulls to finally wake them up.
Thanks for all the support out there.
Wendy Darling
August 9, 2012
Announced today:
Former Court of Appeal, Third Appellate District, Presiding Justice Arthur Scotland Joins Nielsen Merksamer Law Firm
Sacramento, CA — Arthur G. Scotland, former Presiding Justice of the Court of Appeal, Third Appellate District, has joined Nielsen Merksamer Parrinello Gross & Leoni LLP as “Of Counsel” effective August 8, 2012. Scotland, who retired from the bench in 2010 after serving on the Court of Appeal for 23 years, will be a member of the firm’s government law section, but will be available to assist the litigation and political law sections of the firm.
http://web.nmgovlaw.com/news/4/78/Arthur-Scotland-Joins-Nielsen-Merksamer/
JusticeCalifornia
August 9, 2012
LOL. One of Tani’s interesting and respected and select white male powerful men-tors has just joined a very political MARIN law firm.
Let’s see what they do.
Call me Pollyanna. I still have an open mind.
NM and Justice Scotland, mind the fact that we are in the middle of a judicial revolution of the kind I do not believe our nation has ever known– and you are leaving a legacy –whatever that may ultimately be– in your wake.
Let’s see what you do.
JusticeCalifornia
August 9, 2012
yes, let’s see what you do.
Credibility is everything, isn’t it?