When the largest court in the country speaks….it pays to listen.

Posted on June 6, 2013

28


One of the items we regularly harp on is bulletproof whistleblower protections for judicial branch employees. We’re not the only people who feel this way. In fact, many judges actually backed whistleblower protections when Curt Child tried to kill them by adding into the mix trial court employees thinking he could get the courts to band against them. It dismally failed when judges from across the state signed on.

For years now we’ve expressed that whistleblower protections are no protection at all for AOC employees because there was no enabling legislation that would permit the other entities to hear judicial branch whistleblower cases. A procedure was defined and that procedure was a dead end due to a lack of enabling legislation that would authorize, for example, an administrative law judge in the executive branch to make a recommendation and not a ruling like all other cases before them. Judicial branch matters are supposed to be handled differently. The problem is that nowhere in their own charter does it authorize these administrative law judges to do anything but make rulings. They’re not chartered to make recommendations to the judicial branch.

That is just one example of how whistleblower protections are not whistleblower protections at all  due to a lack of enabling legislation.

Since our inception we’ve pointed out that you must follow the judicial council and the AOC’s whistleblower policy at your own peril. No person living or dead has ever seen any action taken upon any whistleblower complaint lodged with the AOC. Their termination rate though is 100% and that has not changed a bit. We’re not the only people who make these observations. Others have made these observations as well and while they don’t discuss the matter because it would unquestionably be the subject of future litigation, they’ve responded in their own way.

When it comes to trial courts, we want to know what your courts policy is on reporting improper activity and whom it is suggested that you contact. The reason for this is because we were pleasantly floored to read Los Angeles Superior Courts memorandum on reporting improper activity. Nowhere in the memorandum is it suggested that you contact the judicial branch whistleblower hotline. In fact, they tell their employees something similar to what we tell you. A report to the state auditor is your only safe bet is what we say.  We don’t want to see people victimized by being sent to crime scene cleaners only to be ferreted out and fired.

Similarly, it would appear that Los Angeles Superior Court also does not want you to go to the crime scene cleaners and be ferreted out and fired because their advice is to take it to the State Auditor.

Kudos to Los Angeles Superior Court for adopting this memorandum on reporting improper activity within their courts. Without saying a word it speaks volumes.

What is your courts policy on reporting improper activity? Are they sincere or do they want to send you to the crime scene cleaners so you can be ferreted out and fired?

 

Tagged: , , , , ,
Posted in: Judicial Council of California