I think it’s pretty obvious that from the onset of the public comment period of the SEC report and our own outing of the joint AOC / State Bar effort to attack the SEC report as a barrier to the access to justice would be the power play attempted by the council and their sycophants. We predicted that these access to justice cheerleaders would completely overlook thousands and thousands of court layoffs, the closing of hundreds of courtrooms and the closing of dozens of courthouses throughout the entire state and how that alone provides the most formidable of barriers to access to justice over any and all of the fine work of these sycophants and those that financially benefit from AOC largesse, most especially those who provide legal services to the poor and elderly.
Thus far, they’ve consistently proved us correct. While they expected to be able to conduct the equivalent of a “Hail Mary” pass into the end zone after the public comment period ran its course, nearly 500 judges statewide came forward and put the big kibosh on that with an exclamation point. After the comment period had closed, it didn’t help that one who was acutely aware of this strategy tossed his own hail mary pass into the end zone hitting the numbers , prompting the end of the summer of endless comments game as it became obvious that things were going to go straight down hill from there.
In a little more than a week, the judicial council will meet to consider the recommendations of both the SEC committee and the E&P committee. I think it’s fairly obvious to all that people are screaming for reforms in the rogue organization and are looking for nothing less than an extreme makeover. One set of recommendations they won’t be considering however is the report of Pegasus Global Holdings and the Office of Court Construction & Management. Skipped over by the SEC because they were apparently also waiting for the release of the Pegasus Global Holdings report, OCCM, the sole reason why we remain “California’s 6.5 billion dollar reality check” was barely commented upon in the SEC report.
Word from the inside is that they’re making like they’re re-arranging the deck chairs – but this time, they’re making no effort to re-arrange. They’re simply going to be releasing the Pegasus Global Holdings report with a parallel internal report to indicate the oft used “snapshot in time” argument and that they have cured all that ails OCCM.
Meanwhile it will be business as usual as another 1500 people statewide start losing their jobs at the beginning of September and scores of additional courtrooms close.
Then there is the Brown and Munger tax initiatives on the ballot. Before the revelations of hidden money, the polls in April were giving a slim 4% margin of approval on Brown’s tax plan while Munger’s proposal was trailing by 7 points. Unfortunately for California’s judicial branch, voters are a cynical bunch. They look towards Sacramento and all of those boards and commissions that exist where insiders land jobs that pay better than 125K per year. The revelations of hidden monies in special accounts is going to cause the electorate to tell Mr. Brown to start dig deeper and solve the fraud, waste, abuse and public corruption issues before attempting to reach into their pockets. They’re going to force him to find the hidden money and extract deep fiscal reforms before asking them to reach for their wallet. Then there is the nasty little fact that initiatives that raise taxes always lose support as the election season heats up. Notice no recent polling released by the tax campaigns? Oh, they’re polling but if they started releasing the results, these initiatives would quicken in their down hill slide to defeat.
What does this mean for the California Court system and access to justice? If the year-end triggers take effect due to what we predict will be a failure of either initiative to pass muster with the voters, the courts will be forced to double down on their cuts. Rather than cut half the amount of people they had intended, all of that squeeze compressed into six months will cause them to double their projected employment cuts and another 1500 people statewide will be dismissed and an additional hundred or so courtrooms will close.
Meanwhile, the sycophants want to preserve their access to justice pet projects from decimation while our court system is decimated. They will argue that they need more budget to travel to the only remaining courts to represent the poor and the elderly at the expense of the local court and that only the AOC and CFCC are in a position to ensure the access to justice they seek to preserve because it is CFCC that spreads the money around to all of these legal aid non-profits.
You might falsely believe that this ploy is no longer in play. After all, the SEC committee and the E&P committee have endorsed change so the council should represent the will of the governed and endorse change.
Let us not forget who the insider sycophants are that are promoting this cause. One notable one can be found on the cover of the Action Plan for Justice special report. While the report has not been amended since 2007 to reflect the current fiscal realities, those sycophants promoting this cause want to play the “see no evil, hear no evil, speak no evil” game that permits them to completely ignore fiscal realities and the real barriers to access to justice. Like driving 150+ miles to take care of traffic ticket in Fresno County. Like being told there is no such thing as small claims court in San Joaquin County. Like watching 4 courthouses close for every new courthouse built.
“To maintain the strength of our state and our nation, we must ensure that we have a court system with integrity – one that is fair and objective, that hears and resolves disputes in a timely fashion, that is open and truly accessible to all, and finally that is worthy of the respect and confidence of the public we strive to serve.”
Hon. Ronald M. George, Chief Justice,
California Supreme Court
The sycophants aren’t even listening to their demigod. Ten days from now, do you really expect them to listen to you?
Related articles
- Bringing about the end of King George’s Reign (judicialcouncilwatcher.wordpress.com)
- There will be no sunshine in the Crystal Palace today… (judicialcouncilwatcher.wordpress.com)
- ACJ Letter to the Judicial Council, SEC &E&P committees (judicialcouncilwatcher.wordpress.com)
Lando
August 21, 2012
J Miller, J Hull J Bruiners and J McConnell , all sycophants that are bringing the once proud California judicial branch to the brink of financial and public policy disaster. We need to democratize the Judicial Council and CJP and /or organize anti- retention elections for all of the above. I am currently researching when the next election will be and I will be out there with my clipboard, running shoes and water bottle ready to make the case for meaningful and positive electoral change to end the tyranny of Ronald George and the “insiders” who now patrol the dark hallways of 455 Golden Gate .
unionman575
August 21, 2012
More exceptional work JCW. You must never sleep!
😉
unionman575
August 21, 2012
Next Death Star Dog & Pony Show:
Thursday August 30, and Friday August 31
http://en.wikipedia.org/wiki/Dog_and_pony_show
unionman575
August 21, 2012
http://www.courts.ca.gov/18862.htm
Scanner Equipment and Scanning Software per Specifications for IFB-ISD-080112-II
The Administrative Office of the Courts (AOC) is seeking firms to provide bids for certain Fujitsu Scanner equipment and Kofax Capture 9.x as detailed in the invitation to Bid # IFB-ISD-080112-II, Equipment will be inside delivery/shipped per specific instructions to ten of our office/Court locations in California.
NOTE: Winning vendor agrees to honor the IFB-ISD-080112-II winning bid pricing (for additional unspecified equipment quantities) for 60 days, after the vendor is notified on the Intent to Award bid notice. This is based on the Ca. courts funding resources to purchase additional equipment.
unionman575
August 21, 2012
Steve Nash newsflash. Will we see San Bernardion reduce its workforce on the afternoon of Friday 9/14/12 after 2:00 p.m.?
http://www.sb-court.org/LinkClick.aspx?fileticket=N5rKgpR4fKY%3d&tabid=40&mid=395
unionman575
August 21, 2012
Proposed San Mateo Superior Court Budget here:
http://www.sanmateocourt.org/documents/court_news_and_notices/081412.pdf
unionman575
August 21, 2012
Proposed Santa Barbara Superior Court Budget here:
http://www.sbcourts.org/082012NoticeProposedBudget.pdf
unionman575
August 21, 2012
Ms. Kiri Torre, Court Executive Officer
Proposed Contra Costa Superior Court Budget “memo” here:
http://www.cc-courts.org/_data/n_0003/resources/live/pressReleaseBudgetNoticeToPublic.pdf
unionman575
August 22, 2012
http://www.courthousenews.com/2012/08/21/49496.htm
Tuesday, August 21, 2012
Last Update: 7:20 PM PT
Judges Push for Release of Critical Report on Court Construction
By MARIA DINZEO
(CN) – California’s reformist judges are calling for the immediate release of a long-awaited independent consultant’s review of the state’s courthouse construction program, saying the report, which excoriates the agency for mismanagement is finished but is being withheld from the public.
“It is our understanding that this report has been issued internally. Even if the current version of the report is preliminary and not final, it is imperative that the preliminary findings of this consultant group be made public,” wrote Judge David Lampe of Kern County on behalf of the Alliance of California Judges in a letter to the Judicial Council.
In response to dismal budget figures, the council tasked its Court Facilities Working Group with re-evaluating the list of new court construction projects commissioned under SB 1407, a 2008 bill that financed the rebuilding of dozens of California’s aging courthouses. In August 2011, the working group also hired Pegasus Global Holdings to review the Administrative Office of the Court’s construction office.
The office was also recently taken to task in a report by the Strategic Evaluation Committee, an 11-member group of judges whose investigation into the AOC’s operations blasted the agency for wasting money, over-hiring and overcompensating staff, allowing staff to telecommute in violation of its own policies and turning out a disorderly and confusing budget.
The SEC also found plenty to criticize in the AOC’s construction office, including its lack of fiscal planning for courthouse building and maintenance. “Aside from the initial lack of fiscal planning, even now, the Office of Court Construction and Management has not identified a funding source for the anticipated future increased maintenance costs, even though the anticipated shortfall is huge,” their report says.
The SEC report noted that Pegasus had been hired to review the construction office, but did not say whether the judges were allowed access to any of the consulting firm’s preliminary findings. Charles Wachob, assistant presiding judge of Placer County Superior Court and chair of the SEC, was not available for comment.
Justice Douglas Miller, head of the council’s powerful Executive and Planning Committee, responded to the Alliance in an email also sent to Courthouse News, saying the Pegasus report will be posted online prior to the Court Facilities Working Group’s public meeting on September 7.
But public comments on the council’s effort to reduce courthouse building costs are due this week, one reason why judges are calling for the Pegasus report to be released now.
“The information in the Pegasus report is critical both to any public comment that would be made on the 1407 projects, and it is also fundamental to any decision to be made upon the recommendations of the Strategic Evaluation Committee,” Lampe wrote, noting, like the SEC, that the construction office has not planned for a lack of funding to maintain new courthouses.
He added, “Rumors abound that the Pegasus report has been issued internally and that it excoriates the performance of the OCCM, and that the report is being withheld for that reason, or perhaps even being modified. All interested parties need to be assured that this is not the case by an immediate public release of the report. It is unhealthy for this report to be withheld in light of the judiciary’s newfound commitment to transparency and open decision-making.”
The Alliance judges are also concerned that courthouse construction could become another Court Case Management System, a costly court IT project decried as a boondoggle by judges and heavily criticized by the State Auditor.
“We are concerned that the court construction program may be headed in the same direction as the CCMS fiasco–a complete failure after a wholesale waste of public funds. This would be disastrous to the branch on a number of levels,” Lampe wrote. “We think that the Pegasus report must be released to judges, the public, to the Executive, and to the Legislature, in order for there to be a determination whether a public audit of OCCM is warranted, just as it was with CCMS.”
Dan Dydzak
August 22, 2012
Again, ultimately, fair persons who believe that the CA courts can regain a reputation for integrity and fairness simply have to do one thing. Democracize through legislation the Judicial Council and get rid of present AOC. Also open the accounting books. Without the Judicial Council being a voted in body, cronyism and nepotism etc. will continue. Legislation is the key. In the legislation, there should be a duly appointed, credible audit committee which reports to the Comptroller of CA and judiciary and gives an accurate accounting to each local court for review. Again, democracize. The Sec Report is only good if it is implemented. The state legislators have to act now and quickly. The CA Supreme Court would act more equitably if its spending was scrutinized. No more allowing the Girardi types and big corporate firms of the world to have private parties with certain judges and pay their expenses and golf dues.As well, no Geneva attorneys.
Jimmy
August 22, 2012
If the SEC had been provided with the preliminary Pegasus report, its contents would have been addressed in their report. You can conclude from its mention that the committee knew that it existed, but wasn’t privy to the actual document.
courtflea
August 22, 2012
Aye Jimmy, so typical of the AOC. So many internal reviews, zero sunshine and zero changes to the organization.
Hats off to the ACJ for keeping the heat on this one. next they should ask for an extension of the public comment period in keeping with the late release of the report.
unionman575
August 22, 2012
The OBT
August 23, 2012
So it is reported in the mainstream legal press that a private consulting firm has raised a number of concerns about the crystal palace’s management or lack thereof of courthouse construction funds. I understand the insular power brokers J Miller and J Hull won’t allow release of the report now . One must then ask why ? What doesn’t J Miller and J Hull wish for the public to see and why would any delay be of public benefit ? I think that is exactly what many of us have been trying to say. The insiders up at 455 Golden Gate forgot a long time ago that they work for the citizens of California and that their purpose is not only to preserve their own anti- democratic power. The Pegasus report needs to be released now and the continued failings of the Judicial Council, their leadership and the AOC need to be exposed for all to see .Perhaps then the legislature will see fit to help start the process to democratize the Judicial Council and end the insular rule of J Miller , J Hull and Team George.
JusticeCalifornia
August 23, 2012
I agree, OBT.
Furtive. Arrogant. Pompous. Defiant. Guilty. Dishonest.
That is how the cj/jc/aoc look by withholding the court construction report. Based on past experience, I suppose we can safely conclude they need time to engage in damage control and document cleansing.
So much for the contrived myth of transparency under current “leadership”.
But let’s put the blame where it belongs. If Sakauye “vetted” everything as a judicial councilmember, we know she is “vetting” everything as the wannabe queen of everything. She is playing to “win”, and as with the SEC report (Patel and I don’t know what’s in it but we are psychic and are coming up with our own acceptable changes while we wait for this report to come out) this delay is part of her game.
The branch is in shambles. Access to Justice is being completely disrupted.
We keep hearing about these drastic budget cuts– And yet– isn’t the the budget on a par with or higher than it was six years ago, when the branch was apparently rolling in the dough and everything was bright and cheerful and money was being thrown away hand over fist by the cj/jc/aoc? What gives?
Just asking.
unionman575
August 23, 2012
Soon we’ll see them buy some new paper shredders – theyare gonna need them up at the Death Star.
😉
Lando
August 23, 2012
The failure to release the Pegasus report is the call of Justice Miller and Justice Hull. This is what the SEC report missed, the flawed and failed oversight of the Judicial Council ” insiders” who were never elected by a single person to run the work of the largest judicial branch in the world. The legislature needs to act and intervene now. The latest cover up of wasting millions cannot be tolerated when so many are losing their jobs and the public is losing access to their courts and the justice they seek.
courtflea
August 23, 2012
As jaded as I am about the AOC, I still can’t believe the CJ is not using these opportunities to prove that she is different than HRH1 and is willing to take the lumps from her predecesor’s reign and make the needed changes. It would be so easy and she would receive the allocades and support of judges and justices everywhere. Vickerey is out, George is out, let the chips fall where they may when the s**t hits the fan, she as the new CJ could have totally washed her hands of HRH1’s dirt, but now stupidly, she is a willing participant in the cover up. What a fool!!
unionman575
August 23, 2012
unionman575
August 23, 2012
No pun intended.
😉
JusticeCalifornia
August 23, 2012
I totally agree with you flea. Sakauye could have been a hero. She was approved by the voters and initially given the benefit of the doubt by many (including yours truly) because they thought she would be a breath of fresh air, not the same polluted hot air.
Wendy Darling
August 23, 2012
The current Chief Justice “could have been” a lot of things. Instead, by her own choice, she is none of them. As a consequence, she has flushed the integrity of the California Judicial Branch down the sewer, along with her own.
Long live the ACJ.
JusticeCalifornia
August 23, 2012
Well, Wendy, today is the first day of the rest of Sakauye’s life. She can choose to change her ways anytime she wants to.
Whether she will ever do that, or whether the branch will remain content to let her take the branch down the sorry road it is on. . . . well, let’s see. We presently have what- 2,000 bench officers? The branch is in ruins. These bench officers owe it to the public, the branch and themselves to step up and DEMAND change — and an explanation for how the branch got into this mess. It is irresponsible to continue to allow a select few unqualified people to run this show– and refuse to release relevant information.
Wendy Darling
August 23, 2012
“She can choose to change her ways anytime she wants to.” Yes, Justice California, she could. But don’t hold your breath for that. You’ll turn blue and die first.
Long live the ACJ.
unionman575
August 23, 2012
http://www.inyoregister.com/node/3172
State cuts put local court projects on hold
August 23, 2012
By Register Staff
mgervais@inyoregister.com
Inyo Superior Court’s two Courthouse Facilities Projects have been indefinitely paused, and, according to local officials, are “in grave jeopardy of cancellation” due to state budget cuts.
These projects include the new, $33 million court facility in Bishop, and a $1.5 million facility in Independence.
Because California trial courts are state-funded, court projects are subject to the annual state budget distributions permitted by the governor. Last year alone, California’s justice system, the largest in the nation, was hit with $1.1 billion in cuts. As a result, more than $450 million of court construction funds were borrowed, swept to the General Fund, or reallocated to judicial branch budget operations.
The Inyo Superior Court SB 1407 Court bond-funded facility, which the Judicial Council decided was to be built in Bishop, was one of the projects that was immediately delayed until it could be reassessed by a Judicial Council Working Group next month.
In addition to putting the new court project on hold, the state has notified Inyo Courts that it will be taking funds that were kept in a local maintenance account for the construction of the new facility in Independence.
According to Inyo County Superior Court Executive Officer Tammy Grimm, “This is why there was very little progress on facility acquisition and construction projects in Fiscal Year 2011-12, although the court’s administrators and judges kept the issues at the forefront and on the state’s radar. The leadership of the Inyo County Superior Court continued, by any avenue that we could, to publicly express the urgency and importance of immediately continuing courthouse facility projects in Inyo County.”
This year, the 2012-13 state budget delivered another $455 million blow to local courts.
The Governor’s May Revise and Final Budget included an order that $50 million be diverted from the court construction program to trial court operations each year.
Because of these funding reductions, the judicial branch was faced with having to indefinitely delay and reassess many planned courthouse projects, including Inyo’s.
“In this fiscal year, approximately $60 million is all that is available for all the courthouse construction projects being considered at this time,” a press release from Inyo Superior Court states. “Even more crippling, the Governor’s final budget, signed in late June 2012, directed that any court with money in bank accounts or savings must use it to help absorb $235 million of the state’s deficit.”
According to Grimm, “this meant that all financial resources that had been saved by a court were considered ‘available funds’ to be swept for court operations to counterbalance the state’s shortfall.”
Grimm went on to say that “the state would not consider the reason why funds were in the court’s accounts – they had a ‘no exceptions’ policy. If there was money in a bank account, it was considered available funds to offset the budget deficit.”
That includes the $1.5 million the local courts had saved to construct the new court facility adjacent to the jail in Independence.
“The Superior Court leadership has been and will continue to fight at the state level in support of the Inyo Court Facilities projects,” the press release from the courts states. “At several statewide meetings, Inyo Court’s judges and court administrators have vocally contested the state’s sweep of our savings.”
Grimm said local court officials “wrote dozens of letters to legislative representatives, AOC officials and finance personnel. We even went and fought in person at the Trial Court Budget Working Group and Judicial Council, where Judge (Brian) Lamb spoke to the council members urging them not to eliminate the funding for the Independence Court facility and further impact our citizens. The final result was an acknowledgement that this was unjust and unfair, but that no exceptions of any kind would be made.”
Grimm said the local courts have not given up hope, and will continue to attend state meetings where additional funding or emergency funding is discussed in an effort to build the Independence jail-adjacent facility.
“We remain hopeful that the Judicial Council will right this wrong in the future,” she said.
As for the new facility project, Grimm said she and Judge Lamb will be making a presentation, at the request of the Judicial Council’s Facilities Working Group, on Sept. 5, to determine which bond-funded projects will go forward.
“The court recognizes that many citizens were not pleased with the Judicial Council’s selection process or their decision to place the bond-funded courthouse in Bishop,” Grimm said.
“However, the fact is that Inyo County needs and would benefit from new court facilities. We need new court facilities in both Independence and Bishop, and we are hoping for community support in bringing those construction projects to Inyo County.”
“The court’s administrators and judges want to assure the public that we will continue to maintain full services in both Independence and Bishop,” Superior Court Judge Dean Stout said. “We are committed to access to justice and these facilities setbacks will not impact our dedication and duty to the citizens to maintain effective court services.”
Dan Dydzak
August 23, 2012
One of the observers above stated that George is out–from what I can tell and my own experience, that is not the case. He is still trying to hold onto the show. CJ Tani does not want to open the doors to an elective process or fair accounting, because, as alleged in my present lawsuit, she is partner in RICO activities with her “close” confidant, R. George.
I am proceeding with the new lawsuit. I am also proceeding with filmed media proceedings. Someone has to take the air and explain the situation. The new lawsuit will be very explosive and involve as defendants some of the most recognized figures in American society, from the judiciary and outside the judiciary. The new lawsuit will seek as well to enjoin certain illegal activity such as the building of the new San Diego courthouse. All this ultimately stems from two words, Greed and Arrogance. Unfettered Greed. The Arrogance of Power. The need to steal TARP monies and CA taxpayer monies to “feather their own nests.”
I am putting myself out there because the Legislature has not acted fast enough and
the greed and arrogance continue unabated. Stay tuned. Judicial Council Watchers
will be amazed by the new allegations of the new lawsuit. 60 Minutes material.
courtflea
August 23, 2012
Good luck to you Dan you go for it.
No matter how you feel about courthouse construction funds, Inyo is like most courts, you save for a JC funded project or even just to cover your liabilities like unused vacation leave, but guess what? a year or two later, too bad, you were wrong to listen to us and we are taking it. I can’t tell you how many courts have hit a wall financially because of the JC and AOC duplicity. Not to mention HUGE cash flow issues by not reimbursing the trial courts in a timely manner for grant funded HUGE programs like the facilitator and mediators. Then they call the courts on the carpet for their actions! Bastards
“And the JC/AOC will be sickened by us, and the JC/AOC will talk about us, and the JC/AOC will fear us. And when the JC/AOC closes their eyes at night and they’re tortured by their subconscious for the evil they have done, it will be with thoughts of us they are tortured with. Sound good?” you bet.
Long live the ACJ.
Dan Dydzak
August 23, 2012
New major developing story. Presiding Judge Borris of OC Superior Court, who was involved in RICO activities in rigging my underlying case, DYDZAK V. DUNN, with Judge Munoz, his former law partner, are in San Francisco today. Apparently, Munoz is, too.
It looks like they were invited by Tani , AOC and others for a free trip to SF with lavish treatment to explain what to do about my pending case, as they are parties, and to address what to do with my new lawsuit which will be out of state. I assume either Girardi or AOC or Mark P. Robinson, Jr. are picking up the tab for the “fixers” Munoz and Borris being freely wined and dined in the Bay area with their wives. As usual, R. George and Tani and AOC are likely picking up expenses in Bay area. Don’t know if Carolos Moreno was invited too, at government, extravagant expense. They are worried about national and international exposure. Given the new defendants involved, the case will likely go international very quickly.
The national media have approached me about the present case and new soon-to-be-filed
lawsuit. It will be filed OUTSIDE CA.