Released just before Christmas is a new audit report on the AOC’s compliance with judicial branch contracting law that can be found here. The summary of conclusions follows along with some notes from the JCW team.
Judicial Branch Procurement:
Semiannual Reports to the Legislature Are of Limited Usefulness, Information Systems Have Weak Controls, and Certain Improvements in Procurement Practices Are Needed
HIGHLIGHTS
Our review of implementation of the California Judicial Branch Contract Law highlighted the following:
- Pervasive deficiencies in selected information system controls.
- These weaknesses could compromise the security and availability of the systems.
- The data in these systems that the Administrative Office of the Courts (AOC) and superior courts use for their day-to-day operations could lead to an incorrect or improper conclusion.
- From JCW: The deficiencies in information system controls are so bad and the systems are so compromised that a separate, sealed report was issued to the AOC for their eyes only. Part of this is that the AOC has hundreds of employees and contractors but maintains thousands of active accounts across all of their systems, including those maintained at the California Courts Technology Center where many small courts get their IT services from. When an employee or a contractor leaves or retires, they often preserve the account enabled with the full load of permissions they previously enjoyed unless the employee has been terminated.
- Shortcomings in the format of the semiannual report limit its usefulness.
- More than 770 of the 795 pages consisted of individual payment transactions, contracts, and contract amendments.
- The report is not provided in an electronic format where the data can readily be sorted or filtered to allow users to quickly and effectively locate certain information. From JCW- They could have just as easily left the document in an excel format but to ensure that no one could hold them accountable, they turned that excel sheet into a pdf file that was 770 pages long and requires you to individually search every page instead of sort on entry types.
- It does not include other important information, such as the history of each contract amended during the reporting period and whether the contract was made with a Disabled Veteran Business Enterprise.
- A competitive process to procure goods and services was not used in some of the procurements made by the eight judicial branch entities (judicial entities) we reviewed. JCW – In essence, the state auditor is saying that there are lawbreakers associated with this new law. But who exists to enforce the law?
- The AOC did not correctly evaluate bids for competitive procurements in two instances.
- The AOC and the judicial entities did not properly document their justifications for using sole-source procurements in nine instances totaling $1.6 million.
RESULTS IN BRIEF
As required by the California Judicial Branch Contract Law (judicial contract law) enacted in 2011, the Administrative Office of the Courts (AOC) maintains the Judicial Branch Contracting Manual (judicial contracting manual), which outlines procedures for judicial branch personnel to use when procuring goods and services.1 Further, the AOC has begun issuing a semiannual report on procurement activities by the judicial branch, as the judicial contract law requires. We reviewed the implementation of the judicial contract law by the AOC as well as by eight other judicial branch entities (judicial entities), and we found that although these entities are generally complying with the law’s requirements and with the provisions of the judicial contracting manual, they need to improve certain practices and ensure that staff dealing with procurements are trained in the proper procedures and documentation process.
In February 2012, on behalf of the Judicial Council of California (Judicial Council)—the policy-making body of the California courts—the AOC began submitting the semiannual reports to the Joint Legislative Budget Committee and the California State Auditor, using procurement data from its Oracle Financial System and Phoenix Financial System. However, we identified pervasive deficiencies in our review of selected information system controls over these two systems. These weaknesses could compromise the security and availability of the AOC’s and superior courts’ information systems, which contain sensitive information such as court case management records and human resources data. Consequently, we determined that an unacceptably high risk exists that data the AOC and the superior courts use for their day-to-day operations could lead to an incorrect or improper conclusion.
Further, shortcomings in the semiannual report’s format have resulted in a report with limited usefulness to decision makers and other users. For example, the most recent report spanned 795 pages, of which more than 770 pages consisted of a listing of individual payment transactions, contracts, and contract amendments. Despite the size of the report, the AOC provided it in a format where the data cannot be readily sorted or filtered. Consequently, users cannot easily identify high-risk payment transactions, contracts, contract amendments, and other information that might be of interest. For example, a user looking to identify the most costly contracts or payments would need to review each entry listed in the various sections of this lengthy report to identify the relevant information. We believe that it is possible to present the report in an electronic format that allows users to quickly and effectively locate certain information. Further, we believe the AOC should include additional information in the semiannual reports, such as the history of each contract amended during the reporting period and whether the contract was made with a Disabled Veteran Business Enterprise, and should ensure that it tracks this information in its data systems.
Our review of procurements that the eight judicial entities conducted found that some did not consistently use a competitive process to procure goods and services. The judicial contracting manual generally requires the AOC and judicial entities to use a competitive process for procurements of $5,000 or greater. Some procurements, such as those for legal services, are exempted from this requirement. However, four of the judicial entities could not demonstrate that they competitively procured goods or services in five of the 15 instances we reviewed for which competition was required; these goods and services totaled approximately $154,000. For example, we found that two judicial entities did not acquire multiple offers when using the California Multiple Award Schedules to obtain goods, as required for those procurements. In addition, the AOC did not competitively procure information technology goods in one of 16 procurements we reviewed for which competition was required.
Moreover, we found that the AOC did not correctly evaluate bids for competitive procurements in two instances. Although the errors did not negatively affect the outcome in these instances, such errors have the potential to affect decisions regarding vendors. Moreover, the AOC and the judicial entities did not properly document their justifications for using sole-source procurements rather than a competitive process in nine instances totaling $1.6 million. Some staff at the judicial entities stated that additional training in procurement practices would be beneficial. A manager at the AOC stated that the AOC had offered some training, but he agreed that judicial entities likely need additional training. However, the format, scope, and logistics of training to be offered in the future are yet to be determined.
Finally, state law requires the policies and procedures in the judicial contracting manual to be consistent with the California Public Contract Code and substantially similar to the provisions contained in the State Administrative Manual and the State Contracting Manual, which we generally found to be the case. In addition, the AOC’s and judicial entities’ local contracting manuals generally include information that the judicial contracting manual states that local manuals must or should address.
RECOMMENDATIONS
To improve the usefulness of the Judicial Council’s semiannual reports, the Legislature should amend the Judicial Branch Contract Law to require that the Judicial Council make the semiannual reports available in an electronic format that allows users to readily sort and filter the data. Further, the Legislature should require the Judicial Council to include additional information in the semiannual reports. This additional information should include items such as the history of each contract amended during the reporting period and whether the contract was with a Disabled Veteran Business Enterprise. Until a statutory requirement is enacted, the AOC should work with the Judicial Council to pursue a cost-effective method to implement these changes. The AOC should also ensure that it tracks the additional information in its data systems.
The AOC should immediately begin implementing improvements to its controls over its information systems.
The AOC and certain judicial entities should implement procedures to ensure that they follow a competitive process for their procurements when required.
The AOC should strengthen its procedures to ensure that bid evaluations are conducted properly and calculated correctly.
The AOC and certain judicial entities should implement procedures to ensure that they properly document their justifications of sole-source procurements.
The AOC should provide additional training to its staff and the judicial entities on how to conduct procurements in compliance with the judicial contracting manual.
AGENCY COMMENTS
The judicial entities agreed with all the recommendations we directed to them, and several outlined steps they have taken or will take to implement them. Although the AOC agreed to implement some of our recommendations, it expressed concerns about the conclusions we reached regarding weaknesses in its information systems. Further, the AOC stated that it is willing to pursue a cost-effective method to provide in the semiannual report the additional information we recommended. However, the AOC noted that the additional information is not currently statutorily mandated and stated that it is uncertain, unless additional funding is provided, whether it could implement the recommendations within the time frame requested.
JCW- “Expressed concerns” equates to “Make this part of the report private so that no one (especially our many court customers) can nail down how compromised our systems really are” which is what the state auditor ended up doing.
_____________________________________________________
From JCW:
This audit is yet another reason for a full-blown audit of the Judicial Council and the Administrative Office of the Courts AND their thus untouchable construction programs. This time of year is when legislators craft their signature legislation for the year. Are there going to be any heroes in the assembly and or the senate that will reign in this rogue outfit?
Also – a new petition was spotted in a search…….suggesting an audit of judicial branch governance.(link)
Related articles
- The issue: No one enforces the rules of court outside the courtroom (judicialcouncilwatcher.com)
- Whatever Happened To The SEC Report? (judicialcouncilwatcher.com)
- Is the new open meeting rule…… open? (judicialcouncilwatcher.com)
- Ron George’s legacy repair tour? He admits to intimidating the California Judges Association (judicialcouncilwatcher.com)
Michael Paul
December 26, 2013
While migrating ccmail accounts to active directory, I deleted over 2,400 accounts that had not logged on in the past year or longer. That action left thousands of accounts behind that had not logged in in the past year or less that were migrated. Other than revoking access to persons who are or about to be terminated, there are no HR or contracting procedures to disable accounts.
Moreover, in many cases the AOC and the appellate and supreme courts often lets retirees keep their equipment and use the AOC as if they were a free ISP.
This is not the fault of the information services management who have sought a policy forever and could not get the executive office to act.
On page 34 of the report is Steven Jahr’s reply to these allegations thanking the auditor for keeping this information confidential in a management letter, yet referencing the untimely deletion of accounts and shrugging it off as no big deal. Further, it states that there is no proof that any of this sensitive information has been compromised. Frankly, they do not know because there is zero access control auditing or logging enabled. If I had to guess how many extra accounts exist, my guess would be 3000+ extra accounts. That excludes administrative service accounts that are compromised because too many people know the passwords.
Michael Paul
December 26, 2013
On page 37 of the report…. that has to be the largest red herring this side of the ethics that bar open meeting rules.
Jahr is claiming that the law does not require the data to be provided in a common database or spreadsheet format and that it would cost extra to not convert the data from excel to a .pdf file. God forbid the data be manipulated they assert as the report might actually be useful, a point that he wholeheartedly discounts.
In the words of others – You just can’t make this stuff up.
Delilah
December 26, 2013
“Until a statutory requirement is enacted, the AOC should work with the Judicial Council to pursue a cost-effective method to implement these changes.”
This made me laugh. The AOC does not “work with” the Judicial Council. Or any other entity, for that matter. They operate more like a rogue RICO organization. The AOC serves up to the JC everything they want them to see, and then the JC perfunctorily rubber-stamps it. That’s just the way it’s always been and will forever be, donchaknow. One, because the JC can’t be bothered to actually do the work of challenging anything the AOC puts before them. Heaven forbid they tinker with the status quo. Two, even if a JC member had the career-killing nerve to challenge AOC dis-“information” and seek out the truth, AOC materials are enough to make anyone’s brain explode. It is all so gleefully and deliberately byzantine. Exhibit 50-thousand is their semiannual report (pile of slop) to the STATE AUDITOR. Just another big middle finger to everyone, from — The Untouchables. Unaccountability is a wonderful thing for members of “the club.” And so many sycophants just waiting in the wings to be allowed entry.
Wendy Darling
December 26, 2013
“I believe in absolute transparency.” * —Chief Justice Tani Cantil-Sakauye.
Except when it comes to myself. Or my office. Or anyone on the Judicial Council. Or any of the committees of the Judicial Council. Or when it comes to judicial branch administration. Or when it comes to judicial branch finances and financial practices. Or when it comes to the AOC. And a few other things I’d rather not mention. But other than that, I believe in “absolute transparency.”
Those with nothing to hide, hide nothing. Those with plenty to hide use the power and influence of their public office to kill legislation applying to them, and to keep investigative reports from independent third parties of other state agencies secret and hidden from public scrutiny.
That is a very interesting interpretation of “absolute transparency.”
Long live the ACJ.
Michael Paul
December 27, 2013
It rang hollow when she said it and it is ringing more hollow every day. She isn’t in control, she’s over her head and along for the ride hoping that no one figures that part out.
Wendy Darling
December 27, 2013
Hypocrite: a person who says one thing, but does another.
Long live the ACJ.
unionman575
December 26, 2013
“Merry Christmas to the AOC – From State Auditor Elaine Howle”
Yes a very Merry Christmas indeed!
😉
sharonkramer
December 27, 2013
“The data in these systems that the Administrative Office of the Courts (AOC) and superior courts use for their day-to-day operations could lead to an incorrect or improper conclusion.”
(Ya mean that stealth Case History???)
I literally laughed out loud when I read the above sentence. They falsified a judgement on its face, in my case as they were framing me for libel for exposing a massive public fleecing, to aid it to keep going — with a “clown” of a justice trying to hide it in an appellate opinion.
Then some idiot went in to make the CCMS Case History (but not ROA) entries match the document falsifications.; and a Superior Court CEO did an audit of the file after I screamed bloody murder to the JC.
He could provide no refuting evidence to my allegations. “Incorrect or improper conclusions”. I’d LOVE to see the private report.
Nathaniel Woodhull
December 27, 2013
Back in the saddle again, short trip but the batteries are re-charged!
For many of us, the report from Elaine Howle was both expected, yet disappointing.
Expected because for those of us who have followed the corruption and incompetence going on within the “leadership” of the Judicial Council and AOC over the past seventeen years, these newly published revelations are nothing new. The reported problems contained within Ms. Howle’s report are but a few of those that people like Michael Paul have been pointing out for years and years. Any true “audit” in other areas within the JC/AOC’s administration will find similar issues and problems. Remember, all is well with any systems being administered by Terry Bruin-ears, a self-proclaimed technology expert.
It is disappointing because of the reaction that we will see and hear on behalf of those in charge of the Judicial Branch’s administration. Steve Jahr will simply acknowledge receipt of the report, while disagreeing with the bulk of the premises contained within the reports analysis. Tani will simply say that she is overseeing the most transparent administration in the history of the Judiciary and that someone will be working on translating the big words within Elaine’s report and letting her know what they mean. Once that is done, Tani will be prepared to comment further on the report. Apart from that, nothing within the Crystal Palace is going to change! That said, the only ones who will continue to suffer are going to be the hard-working employees within the Judicial Branch who are dedicated public servants trying to deliver services to the public; and those members of the public seeking to have their issues addressed in court.
Jerry Brown and those members of the Legislature who have in I.Q. above that of a hot rock are going to use the State Auditor’s report as further evidence that the Judicial Branch cannot be trusted to spend money wisely. Their response in turn will be to simply keep the spigot closed. Tani’s oft-repeated dream of receiving a $1 Billion increase to Branch funding over the next five years is yet further exposed as an unrealized pipe dream.
Wendy’s analysis above is so true! Sadly, the only way the Judicial Branch will receive an increase in funding is going to be when Tani is gone and someone appointed as Chief Justice by Jerry Brown is running things. Tani is too slow to figure that out.
Ronald George may have been an evil, vindictive, self-important jack-ass, but at least he had a brain. He knew when to declare victory and leave town as the CCMS debacle was then finally being revealed to the general public. His self-appointed replacement, Tani is still trying to decide whether white wine goes better with chocolate during bath time or if her husband has figured out how to buy creme rinse for their daughters when she is at work. Because of her own limitations, she is truly convinced she is running the most transparent administration in history and that all is well.
Happy New Year everyone. As bad as 2013 was for the troops, it sadly looks as if 2014 will be as bad or even worse… Thanks that is to Tani, Mr. Jahr-head, Mr. Bruin-ears, and all the others of their ilk “in-charge” at the Crystal Palace.
sharonkramer
December 27, 2013
General Judge Woodhull, glad you had time to recharge. I personally am of the opinion that 2014 is going to be great on this front. Remember, it is an election year when promises are publicly made. Ya just gotta ask for the right promises…like a forensic audit of the AOC complete with legislative action to correct the problem.
NewsViews
December 27, 2013
Reblogged this on News and Views Riverside Superior Court and National Family Law Abuse.
anonymous
December 27, 2013
If any other entity in state government had systems that were as compromised, a flurry of notices would be going out to those potentially affected and the state DOIT would be stepping in and ratcheting up security.
But this is the judicial branch where unless you can prove unauthorized access it never happened and nobody’s personal data was compromised. Another scandal that will be ignored by the other two branches no doubt. If they can’t secure the data in their own four walls, who is dumb enough to believe that court records are secure in another state?
sharonkramer
December 27, 2013
I took it to mean that any court employee can get into CCMS and edit the stealth case history to make the decisions of prior courts appear differently — or match fraudulent court documents when back-dating. Its outrageous that every case has a record which the litigants are not permitted to see — but is shared from judge to judge. Most, including attorneys, don’t even know that the secret record exists. I asked the presiding justice about this because I wanted to see it. He could cite no code, rule or case law which allows this secrecy to continue — but still denied me access. This is another area that the JC needs to be made to address if they are going to deem themselves the open and transparent policy-making body.
Lando
December 28, 2013
Tani or if you prefer HRH-2 needs to resign. One of the worst things a so called” leader” can do is make claims of reform and transparency that are false and unsupportable. When that happens that “leader” loses all credibility. I get the impression that HRH-2 continually works off a script prepared for her. It doesn’t matter to her or the people propping her up that none of the things on the script are consistent with reality or the truth. The end result? The same insiders at 455 Golden Gate taking the same actions that have brought the branch down over and over again. That explains the use of an enforcer, take your pick Huffman or Hull. That explains why Bruiniers after presiding over the CCMS mess continues to oversee branch technology. That explains why the SEC report has never been implemented. That explains the problems identified by the State Auditor. That explains the incredible claim HRH-2 made that if she knew CCMS was so bad at the start of her term she would have stopped it then. That explains why HRH-2 like HRH-1 ignores and dismisses any and all that dare dissent from the one voice speaks for the branch mantra. General Woodhull is right when he explains that HRH-2’s ” leadership” is a complete failure that has now caused our branch to pay the price with massive continuing budget reductions. If HRH-2 really cared about the well being of the branch and the public we serve she would resign and let Governor Brown appoint someone with intelligence and a streak of independence like Justice Liu to be our next Chief Justice.
sharonkramer
December 28, 2013
I think you just have to take out one of them for criminal acts and they all fall. Low hanging fruit is Huffman.
The OBT
December 28, 2013
I totally agree Tani needs to go. A delegation of respected judges, legislators, Bar Association leaders, and Union representatives need to meet and then visit the crystal palace to ask Tani to step aside for the good of the branch. `
Wendy Darling
December 28, 2013
She will never do it. She’s too selfish and self-centered. What is “good” for the branch isn’t even on her radar.
Long live the ACJ.
unionman575
December 28, 2013
Recall Tani Organizing Committee (RTOC)
A Judicial Council Watcher public accountability project
https://recalltani.wordpress.com/
😉
sharonkramer
December 28, 2013
I just can’t help but think that 2014 is the year that those whose hands aren’t quite that dirty….yet…. take the tape off of their mouths before they personally become implicated for gross negligence and fraud.
By now, it should be very obvious to everyone that the current Chief Justice does not have the ability, or even the intent, to turn the courts around; nor does she have the ability to effectively cover-up what’s been occurring..
Since 2010, she’s put far too much ineffectual effort into trying to sweep past indescretions under the rug to ever come out of this looking like a strong, ethical leader.
If she ever grew a conscience and wrote a tell-all book, she could make multi-millions, I’m sure. I’d buy that book!
The OBT
December 28, 2013
Incredibly Tani’s old seat on the Court of Appeal has never been filled. She should make a deal with the Governor to get reappointed to the Appellate Court and allow Governor Brown to appoint a new Chief Justice who could restore credibility to the branch and put an end to the “legacy” of Ronald George.
Wendy Darling
December 29, 2013
She “should” do a lot of things, OBT. As she has repeatedly demonstrated for the last 3 years, she won’t do any of them.
Long live the ACJ.
Lando
December 30, 2013
As the year winds down I just wanted to thank everyone here for all their great insights and hard work in pressing for major reform of the judicial branch that Ron George highjacked and colonized. Thanks especially to JCW for providing this great forum which allows us the opportunity to express our legitimate concerns about the unconstitutional actions that flow out of 455 Golden Gate. Our fight to restore democracy,common sense, honesty, ethics, public service and fiscal responsibility to our once proud branch will continue on in 2014. Have a happy and safe New Year everyone !
The OBT
December 30, 2013
I think it is time to pass out some judicial branch awards for 2013. After all the insiders at 455 Golden Gate pass out awards continually to themselves so luckily the First Amendment will allow us to set forth our own. Here we go. First up, The Tani award. This award goes to the judicial officer with the least insight into what is going on around them. Our clear winner is J Bruineras for making the incredible claim that CCMS failed for political reasons. Next we have the Huffman award. This award goes to the judicial officer who demeans the judicial office most effectively. The obvious choice here is J Hull who seems to enjoy his role in denying any and all legitimate requests for public information about the AOC and Judicial Council. Finally we have the Ronald George award for Judicial arrogance. This is a tough call of course. After reading HRH-1’s incredible autobiography however, Mr George himself wins his own award in a landslide. You can’t make this stuff up. Have a great New Year to all the great bloggers here at JCW.
sharonkramer
December 30, 2013
My vote is that Huffman, McConnell, Benke and Roddy tied for the Huffman Award in 2013.
We’re dilligently working to personally hand them their engraved plaques in 2014 for their tireless efforts at veritoxing — the collaborative act of poisoning truth in governmental practices for the purpose of fleecing the U.S. public.
Tani and the JC/CJP gang will be getting dishonorable mention for their outstanding stonewalling contributions to efforts of this year’s Huffman Award recepients.
Lando
December 30, 2013
McConnell could win any and all of the above awards. Her reign on the CJP remains one of the most disgraceful periods of California judicial branch history, sanctioned and supported by none other than King George.
sharonkramer
December 30, 2013
AND Queen Tani.
Wendy Darling
December 30, 2013
Hypocrite Of The Year Award: Tani Cantil-Sakauye.
Long live the A CJ.
Wendy Darling
December 30, 2013
Here’s some actual transparency, courtesy of the First Amendment. Tani’s Follies: the year in review. Published today, Monday, December 30, from Courthouse News Service, by Bill Girdner, and, as always from Mr. Girdner, well worth the read:
California Courts in 2013
By BILL GIRDNER
It was a news-filled year for the courts in California courts, as they survived huge budget cuts, walked backwards on transparency and stepped slightly forward on reform, as the Legislature directed them to open a warren of closed committees.
In January, the governor gave the courts a reprieve by not cutting their budget even more.
In the same month, a court task force proposed e-filing rules that gave bureaucrats an excuse to delay press access. When press groups protested, the Judicial Council ignored them as the hold-over head of the task force told media groups that, really, they would be better off.
While retaining their ability to fight transparency, the tech task force and the council’s technology committee lost a quantum of power in 2013 to a forum of trial court IT directors who drew up a model software contract and picked the top three bidders.
In February, an old scandal returned as the council over-rode objections from judges and allowed telecommuting by the highly paid mandarins of the Administrative Office of the Courts.
In a companion decision, the council voted to take a look at the salaries of those same bureaucrats but later decided that the inquiry should be conducted by the bureaucrats themselves. As the years winds down, the inquiry seems to have stalled.
In March, the council and the bureaucracy teamed up to continue their fight against transparency by charging journalists $10-per-file whenever they wanted to look at public records. Press objections were again ignored as passive council and active bureaucracy plowed ahead with the idea. The Legislature wisely killed it.
Also in March, the Ninth Circuit heard argument on this news service’s challenge to delays in press access to court records.
A lawyer for the bureaucracy told Ninth Circuit judges that “no court” provides the press with same-day access, despite that fact that courts in Los Angeles, San Francisco, Kern, Fresno, Alameda, San Mateo, Contra Costa and Solano do provide the press with same-day access.
In April, the ghost of an old software boondoggle rose from the grave.
The head of the council’s technology committee asked trial courts if they would like to “enhance” the old Court Case Management Software, prompting trial court judges to call it a “vampire” and a “money-sucking beast.” The idea died.
The council then gave four internal committees more control over an octopus of working groups, advisory groups and task forces, a move that tied into another controversy towards the end of 2013, again involving the technology committee.
In May, the Legislature put $100 million back into the court hopper to cheers from union members, an amount later reduced to $60 million. One legislator said, “I do think things are a little bit better than they were under the previous chief justice.”
In June, the courts’ long-time general counsel quit, just as the council was about to re-orient her office from that of gatekeeper to servant.
In July, a judge’s request for a list of the court bureaucracy’s contracts with outside businesses was blocked by the argument that the bureaucrats don’t keep their records that way.
In August, the governor’s finance director told the council that the days when the governor simply signed off on a budget submitted by the courts were gone forever. The chief justice then gave a big pay raise to the bureaucrats, as she had done two years earlier when she was first appointed.
Also in August, the Legislature said the courts would receive budget money on condition that they open up their labyrinth of secret decision-making.
The next month, the Legislature passed a union-backed bill preventing courts from outsourcing jobs to private contractors unless money was saved as a result, later vetoed by the governor.
In the ruins of the old software program, a tech gold rush took hold in the fall of 2013 as tech companies racked up multi-million-dollar contracts with trial courts.
In November, council members answered the Legislature’s direction to open their meetings with a rule that contained a long and wide list of exceptions.
In December, the council elevated its technology committee to the status of internal committee. That move came over complaints from judges who said the leaders of the tech committee and its advisory group should be replaced “based on their track record.”
And as 2013 drew to a close, the governor appointed 18 new judges in California.
http://www.courthousenews.com/2013/12/30/64150.htm
Prediction for 2014: It’s going to a long year of new and embarrassing episodes of Tani’s Follies.
Long live Bill Girdner and the First Amendment. And long live the ACJ.
unionman575
December 31, 2013
A tip of my hat to Bill Girdner.
Keep slammin’ ’em Bill.
😉
wearyant
December 30, 2013
Bill Girdner writes such excellent articles. This one is exceptionally good. I am copying it and framing it under glass. What a great rendition and wind-up of 2013! It is truly tragic-comical and brings the ones who care deeply about the third branch to tears and laughter while reading it. Mr. Girdner’s article deserves a second and third read, but may I humbly suggest that while reviewing this great article that the reader picture in mind the keystone cops running in Chinese fire drill fashion around their stalled paddy wagon with batons a-flying.
May the freedom of information act prevail against the hardy Hull’s forces!
And long live the ACJ.
unionman575
December 31, 2013
That article is suitable for posting in the Death Star HQ.
😉
sharonkramer
December 31, 2013
Great article. To get the full gist of why open access and transparency in JC committee meetings is so important, you also have to read the links. I think this link says it best:
http://www.courthousenews.com/2013/07/15/59377.htm
“We write about a troubling practice of our branch leaders that appears to be getting worse over time: the use of a Rule of Court to obfuscate and refuse to make available public records which reveal how public funds are being spent,” said the Alliance in a statement last week. “We cannot discover and call attention to wasteful spending if our court leaders continue to hide the records that may reveal it.”
“Are we to sit by quietly and simply accept that the public’s money is being spent prudently when we know from past experiences, as well as the Chief Justice’s own Strategic Evaluation Committee, that this is a bureaucracy run amok?” said the Alliance. “Is there any doubt why the AOC would resist an audit of its functions as it did recently, citing the cost as a reason not to be audited even while a number of local courts were being audited at their own expense?”
“The Alliance will not accept business as usual at the AOC, nor will we be deterred by persistent refusals to accept oversight,”said the blast from the judges’ group. “We will keep you informed as we persist in seeking the information needed to stop wasteful bureaucratic spending at the expense of the trial courts and the credibility of the judicial branch.”
MaxRebo5
December 31, 2013
Tani made the Sac Bee. Hope this link works:
http://m.sacbee.com/sacramento/db_99761/contentdetail.htm?contentguid=vTu3bZpu
Mostly a fluff piece but at least the writer mentions the Alliance the problems in the branch at the end of the article.
Happy New Year JCW!
unionman575
December 31, 2013
Tsk, Tsk, Tsk Tani…
R. Campomadera
December 31, 2013
“Looking ahead to 2014, Cantil-Sakauye says her focus has shifted from the “fast and furious” challenges that defined her early tenure to the “deep-water challenges” ahead: reversing recent losses to court access across the state, and making sure the system is as efficient as possible, so it can prepare for any future budget free falls.”
Too bad she doesn’t know how to swim.
Wendy Darling
December 31, 2013
Isn’t that what the captain of the Titanic said the day before the ship hit the iceberg?
This also sounds eerily similar to Jahr wandering around the hallways of 455 Golden Gate Avenue, telling anyone who would listen that the ship has turned itself around and it looks like smooth waters ahead.
You just can’t make this stuff up. Really.
Long live the ACJ.
wearyant
January 1, 2014
“Glug, glug, glug.” Enjoy your Grey Goose whilst you can, Tani!
And a great Happy New Year to the hard-working folks in the trial courts! Keep your heads up above the morass the JC/AOC/CJ has created for you. You can do it, you can rise above the floating … stuff! The JCW and JCW followers have your back!
To the JC/AOC/CJ: The truth will out!
Long live the ACJ.
Nathaniel Woodhull
December 31, 2013
Wishing all of you a very Happy New Year!
Here are my New Year’s resolutions:
1. Someone starts to listen and Tani and her many minions will fall from grace; being replaced by people with a basic understanding of public service and a focus upon delivering high quality services to the public.
2. The AOC as we know it will be torn down, what’s left will be moved to Sacramento, (or even Fresno.) All the Grey Goose within the Crystal Palace will be sold off and the budget thereby will be balanced.
3. The California Constitution will be amended and the Judicial Council will shall become a democratically elected body.
4. The California Trial Courts will be left alone by all central bureaucratic bodies and will be allowed to once again develop and implement local programs that serve the needs of their electorate; that is those living within the political subdivisions that they serve. The era of “one-size fits all” management will become a thing of the past.
5. Ronald George and William Vickrey’s names will be removed form all public buildings with the exception of commodes.
🙂
unionman575
January 1, 2014
“All the Grey Goose within the Crystal Palace will be sold off and the budget thereby will be balanced.”
Please deliver the Grey Goose to my home.
😉
Wendy Darling
December 31, 2013
6. Those within the California judicial branch who speak up and will not lie, will stop being punished for telling the truth.
Long live the ACJ.
Wendy Darling
December 31, 2013
As the clock strikes midnight, remember to give thanks for the Alliance of California Judges and the Judicial Council Watcher. Without them, there would be no integrity left at all in the California judicial branch.
Long live JCW. And long live the ACJ.
Lando
January 1, 2014
Happy 2014 everyone. I predict this will be a great year in our struggle to restore democracy to our branch. I recently located my July 27, 1992 California Court Directory which includes an entry for the AOC. Consistent with the California constitution, the role of the AOC in 1992 was to provide support services to the trial and appellate courts. The entire AOC operation consisted of a Director and Assistant Director, a Legal Division, a Court Services division a Judicial Assignments division, one lobbyist in the Sacramento office and an unattached group for Trial Court Funding and Training and Consulting. There were a total of 16 separate phone numbers to contact all AOC personnel. That was it and that was all that was needed. The Acting Director of the AOC at the time was Robert W. Paige who sadly was succeeded by William C. Vickrey. We need to work hard in 2014 to educate the public, Governor, legislature and our own branch that this is the proper role and purpose of the AOC , to provide services to the trial courts, not to dictate to them or colonize them to support a dictatorship conceived by King George and continued by Queen Tani. As General Woodhull observes above, the duly elected members of the trial courts under our constitution should make judicial policy for the citizens we serve ” not some faceless bureaucracy in San Francisco”.
sharonkramer
January 1, 2014
Cantil-Sayauke said “When I read cases, it’s like silence falls in the world around me.” No kidding! She knows that silence in her insulated world is harming thousands of people.
Happy New Year, All. I predict 2014 is going to be a great year for removing toxic clout and silence from Tani’s world.
Mrs. Kramer
January 5, 2014
sharonkramer
January 1, 2014
http://toxlaw.com/chatboards/blackmold/topic2760/12.27.13.07.35.58.html
Do you all have any idea of how I can make this stop? I have gone to DA Dumanis about the cyberstalking by the Court House Gang in the past. Her office refuses to investigate – while she covers up for the misdeeds of McConnell, Huffman et.al. This is scary stuff to me. They always threaten that (more) physical harm will come to me at the hands of people in control of the court. Looks like this person may have been drinking over the holidays.
Re: UPDATE/ Sharon Kramer Court File
Posted by Court Group on 12/27/13
“Its Is Very Apparent Ms Kramer is Mentally Ill she constantly tries to tie anything she can to her Idea she has a Solution to An Issue When in REALITY its very apparent she is delusional and severely Mentally Ill. Her delusional Statements that peoples illnesses are related to statements show How Mentally Unstable she is, that she thinks she solely can solve An issue Well her ongoing Mental Health Care needs Upgrading to Permanent Inpatient Locked down Environs so that the public will no longer be subjected to her written and spoken delusions, Her alleged court issues will come to an end as the court will order her to a
locked facility where we the public will then NO LONGER have to put up with her diatribes and delusions. Then The Public will no longer be disturbed because they Know she will then be permently Locked away And her family has also said they will be very Grateful that the courts have finally taken her and ensured they too will NOT have to endure her mental health diatribes that instead she will only talk to her own 4 walls with the assurance she will not have public contact in the future Isn’t That Indeed the Best Gift the Calif Courts can give The public IE ridding the public of Kramer and her Psychiatric issues. Our Tax Dollars are spent well in
doing This; After all She is a very deranged person who needs Confinment with No public Contact Ever again”
This makes me very anxious.
wearyant
January 2, 2014
http://leginfo.ca.gov/pub/13-14/bill/asm/ab_0401-0450/ab_418_cfa_20130624_120451_sen_comm.htm
A rough analysis of a whistleblower bill that talks of anticipatory retaliation. Some light reading for the JC/AOC/CJ thugs.
I like the part where it says a link should be posted referencing the state auditor’s website. If an insipid motto can exist on all JC/AOC correspondence, Elaine’s website link should have some internet real estate there too.
And a Happy New Year too all, including the ethically challenged JC/AOC/CJ! [smooches!]
unionman575
January 2, 2014
Bad link Ant. It does not work..;)
unionman575
January 2, 2014
http://www.dir.ca.gov/dlse/whistleblowersnotice.pdf
katy
January 3, 2014
K. I don’t get it. Unionman, in that link you provided which said government employees should contact the Cal Atty General’s whistleblower hot line to report fraud, waste and abuse; where is the part that discloses that office will then be setting up the defense for those who you blew the whistle on, while trying to crush you for exposing their public defrauding?
unionman575
January 2, 2014
Another Taj Majal…
Construction on new Yolo County Courthouse on schedule
By SARAH DOWLING
Created: 01/01/2014 09:59:43 PM PST
Work is done on steel girders at what will become the Yolo County Courthouse on Main Street.
Work is done on steel girders at what will become the Yolo County Courthouse on Main Street. (Deo Ferrer/ Democrat)
Construction of the new Yolo County Courthouse is well under way.
The five-story structure on the 1000 block of Main Street can be seen from a distance now that the steel setting process is nearing completion. The project had its groundbreaking back in April, and according to John Koster, “the project is currently on schedule and within budget.”
Koster, design and construction project manager for the Administrative Office of the Courts, has been working on this project to ensure it remains on schedule to finish by early 2015.
Construction will cost an estimated $161.4 million. About $133.8 million in lease-revenue construction bonds were sold late last year, to be repaid over a 25-year period through court user fees and penalties.
The steel frame of the Yolo County Courthouse stands over Fifth and Main streets with the building scheduled to be complete by early 2015.
The steel frame of the Yolo County Courthouse stands over Fifth and Main streets with the building scheduled to be complete by early 2015. (Deo Ferrer/Democrat)
The 14-courtroom, 163,000-square-foot structure will replace the historic courthouse on nearby Court Street. The current Yolo County Courthouse has been in need of renovations for some time.
According to Keby Boyer, communications specialist for the Administrative Office, the new courthouse will replace seven separate buildings from where judicial services are currently provided.
“These buildings are physically and functionally inadequate to serve the needs of the county’s growing population,” Boyer said. “The main building, the historic Woodland Courthouse, built in 1917, houses eight marginally acceptable courtrooms, is severely overcrowded, and has significant security and accessibility problems.”
The new courthouse will be more than capable of accommodating all courtroom facilities under a single roof. It will be the largest construction project in Woodland since the late 1980s, when the County Fair Mall was built.
Raaj Patel, program manager for Kitchell CEM, said “I think (the building) is going to stand the test of time” and be a “monument structure” in the Woodland community.
Kitchell is one of the companies involved with the build.
Occasionally windy weather has been a challenge for the cranes used to help build the courthouse.
Patel said that it has been a “collaborative effort” keeping the project on track.
The dry weather Woodland has been experiencing has been helpful to the progression of the project, although Patel admits that high winds have been a challenge. With steel beams being lifted via crane, high winds have been an issue in continuing this phase of construction. The site had to be shut down for a couple days because of it, but with construction crews willing to make up the time on Saturdays, the project remains on schedule.
With the economy picking up, Patel said that obtaining the necessary amount of steel on time was challenging. The first steel girder was put in place on Dec. 4, exactly when Patel planned.
Raaj Patel, Kitchell project manager, talks about construction on the new Yolo County Courthouse.
“Teamwork is very critical, and you have got to have the right team,” Patel said.
Hensel Phelps is the main construction company involved with planning and oversight, and Patel said he is constantly communicating with individuals from Hensel Phelps to keep the project going.
There were about 30 workers on site on Friday, welding pieces of steel in place. Planners anticipate that more than 450 workers will take part in the various phases of the project.
Looking back on the first months of construction, Patel and Koster both agreed that the most difficult part of the project has been the beginning, during the initial excavation of the land.
Preparing the ground for the project, workers had to clear the space of old concrete foundations, hazardous materials and underground storage containers. This process took about six months to complete, and once it was done, things started to get easier.
The last steel girder is expected to be put in place during the second week of January, Patel said. To commemorate this milestone, court staff members will be invited to a “topping off” ceremony where they will sign the girder before it is secured in place at the highest point of the courthouse.
Follow Sarah Dowling at twitter.com/woodlanddowling
😉
http://www.dailydemocrat.com/news/ci_24828390/construction-new-yolo-county-courthouse-currently-schedule
wearyant
January 4, 2014
Is Raaj Patel any relation to our Princess Patel? Curiouser and curiouser.
unionman575
January 2, 2014
Overview of Judicial Branch Legislative Priorities for 2014
http://www.courts.ca.gov/documents/OGA-Leg-Priorities-2014.pdf
wearyant
January 3, 2014
Sorry about the link!
This should be correct – with an “l” on the end.
http://leginfo.ca.gov/pub/13-14/bill/asm/ab_0401-0450/ab_418_cfa_20130624_120451_sen_comm.html
unionman575
January 3, 2014
10-4
😉
unionman575
January 3, 2014
This will be fun for Tani & Co….I predict more bad budget times for our branch and trial courts in particular…
Governor Brown to Introduce Budget on Friday, January 10th
1-2-2014
SACRAMENTO – Governor Edmund G. Brown Jr. will introduce his 2014-15 budget proposal on Friday, January 10, 2014 at a news conference in Sacramento.
When: Friday, January 10, 2014 at 9:00 a.m.
Where: California State Capitol, Governor’s Press Conference Room, Room 1190, Sacramento, CA 95814
**NOTE: This event is open to credentialed media only and will be webcast at http://www.calchannel.com. Governor’s Office Press Credentials from 2013 will be honored. Reporters may apply for a 2014 credential here.
http://gov.ca.gov/home.php
unionman575
January 3, 2014
2014 Meeting Dates*
January 23 (Sacramento Office) 😉
February 20 (Sacramento Office) 😉
http://www.courts.ca.gov/jcmeetings.htm
wearyant
January 4, 2014
River cruises are the latest and “in” thing for the entitled …
unionman575
January 3, 2014
Tani: “Gov can you spare a dime”
Gov: “Nope”
Can’t wait for this on 1-10-14 from the Gov: Governor Brown to Introduce Budget on Friday, January 10th
😉
http://gov.ca.gov/home.php
unionman575
January 3, 2014
I predict these humps are gonna be real busy: http://www.courts.ca.gov/documents/oga-advocacy.pdf
😉
wearyant
January 6, 2014
Dream on Jasperson and other AOC humps. How about advocating or volunteering in your own time? Our public funds should be going to our trial courts. Curtail this propaganda crap; it’s of no value to citizens who are supposed to be receiving 3D access (LOL!) to their courts.
The AOC humps have too much time on their hands — and too many people working there! Bring back our trial court line workers.
De-fund the AOC!
unionman575
January 6, 2014
Ant,
“Humps” is my registered trademark.
😉
wearyant
January 6, 2014
UMan, “Humps” is a registered trademark? So file a lawsuit in superior court! Let’s see how long you have to wait to get your 3DAcess to a courtroom!! LOL!
Long live the ACJ!
unionman575
January 4, 2014
http://www.courts.ca.gov/4478.htm#tab5144
“The following programs have been suspended due to the judicial branch budget crisis.”
lol
wearyant
January 6, 2014
Another co-sponsorship by the AOC is suspended. Another lost lesson in civics by the pros in civility, the people who smile in your face and sink a dagger in your back at the same time. The judicial branch budget crisis has not affected the humps at the top of the food chain so my heart does not bleed at this news. Perhaps all programs that have been founded by these so-called do-gooders at the AOC should be ended.
Bring back our trial courts.
De-fund the AOC.
Long live the ACJ.
unionman575
January 4, 2014
The Death Star HQ is low on cash again…
😉
See paragraph 2 on page 2:
http://www.courts.ca.gov/documents/lr_2013-Phoenix_GC-68511-8a.pdf
unionman575
January 4, 2014
Here is some cash…now go and get it…
Total outstanding delinquent debt at the end of FY 2012–2013 was $8.3 billion
http://www.courts.ca.gov/documents/lr_Statewide-Collection-of-Court-Ordered-Debt-FY2012-2013.pdf
unionman575
January 4, 2014
There’s that pesky disclaimer (again) about being broke on page 3 here:
http://www.courts.ca.gov/documents/lr_2013-GC-77001-5.pdf
“Because of continued resource limitations in the judicial branch, the attached report identifies
and reports on existing measures adopted by the Judicial Council that respond to the reporting
requirements.”
wearyant
January 4, 2014
From the above-referenced report:
“In civil cases, caseload clearance rates fell in all case types except for nonautomobile related torts. The declines in the statewide clearance rates in civil are generally small —falling from 98 percent to 96 percent for ‘other’ unlimited civil cases, for example. And in some case types, the decline in caseload clearance rates still leaves the rate above 100 percent—falling from 110 percent to 106 percent among limited civil cases. The lowest clearance rate among civil case types is in small claims appeals;”
A question re the above. How does the use of any percent above 100 become useful? A simple mind wants to know.
If the trial courts continue to be examined under a microscope, it would be far more useful to closely examine the AOC from top to bottom. I would suggest a list of all personnel working at the AOC, approximately 1000 people, and a query of what each does during the workday. If a percentage above 100 is utilized, let’s closely analyze it. It’s public funds, folks. Whoever authorized the number at the AOC to be allowable at approximately 880? Why? Any number over 200 should be justified. They can use their pretty charts and graphs to explain.
Blue
January 5, 2014
A percentage above 100% indicated clearing backlog (from a time when clearance rates were under 100%)
wearyant
January 4, 2014
http://www.courthousenews.com/2014/01/02/64210.htm
The feds have it all over the CA JC/AOC/CJ on the IT and openness angle.
Why don’t the flunky failures at the JC/AOC/CJ get with it? The above is a nice addition to the live court reporter. This will never replace the live court reporter; the live written feed produced is so valuable.
Mrs. Kramer
January 5, 2014
How many of you who have been trying to remove corruption in the courts for so long, can identify with this beautiful song?
NEVER give up on people!
Mrs Kramer
January 5, 2014
Wendy Darling
January 6, 2014
In 2007, the judicial branch was run by a hypocrite and liar, who surrounded himself with other hypocrites and liars, as well as a cadre of hypocrites, liars, thugs, thieves, and bullies. Misconduct by branch administration, misappropriation of public funds, and outright theft was common. Other than being given lip service, ethics was non-existent at 455 Golden Gate Avenue.
It’s now 2014, the judicial branch is still being run by a hypocrite and a liar, who has surrounded herself with other hypocrites and liars, as well as a cadre of hypocrites, liars, thugs, thieves, and bullies. Misconduct by branch administration, misappropriation of public funds, and outright theft remains common. Other than being given lip service, ethics is still non-existent at 455 Golden Gate Avenue.
Some of the names have changed (slightly) since 2007, but otherwise nothing has materially changed.
And nothing will.
Long live the ACJ.
Nathaniel Woodhull
January 7, 2014
Wendy, I could never express it as eloquently and directly as you just did!
sharonkramer
January 8, 2014
I would call it, stealing money from a John’s wallet while knowing the John can’t say anything about the crime because its also a crime for the John to have turned to political prostitutes give him gratification in the first place.
1hr:12min:30sec
http://sdcounty.granicus.com/MediaPlayer.php?view_id=2&clip_id=1587
Lando
January 8, 2014
Honestly, how did things ever get this bad for the California court system? How was King George allowed to take over an entire branch of government and then run it into the ground including picking his incompetent successor Queen Tani? Absolute power certainly corrupts absolutely.
Wendy Darling
January 8, 2014
Sadly, Lando, it was allowed to happen. Even more sadly, it is being allowed to continue.
What has happened, and is continuing to happen, in branch administration is not all that uncommon. Fraud, corruption, and misconduct in public service is nothing new, especially where there is a noted absence of accountability or oversight, as well as a marked presence of secrecy. As well as lots of money. Think City of Bell, etc.
What is truly astonishing, and disappointing, is the consistent failure of those outside the branch in positions of authority to do anything about it. Authorities in numerous enforcement agencies, including the FBI, the U.S. Attorney Generals Office, the California Attorney Generals Office, and others, have been informed of, and been provided documents and evidence of, the fraud and lawlessness taking place at 455 Golden Gate Avenue many times over. None would do anything, and the California Attorney General’s Office actually stated in writing that they had “no jurisdiction” over the theft of public funds going on at high levels in the AOC, and the person should report the matter to: the Director of the Administrative Office of the Courts. (You just can’t make this stuff up. Really.)
Members of the state legislature have likewise been informed of, and provided documents and evidence of, the fraud and lawlessness taking place at 455 Golden Gate Avenue many times over, with varying responses of passive ho-hum indifference to can’t-run-away-fast-enough in the opposite direction. Even when a piece of legislation finally makes it to the governor’s desk for the no-brainer requirement of open meetings in public government be applied to branch administration, it gets vetoed. After a little political back-scratching from the Office of the Chief Justice of course.
Except for no longer being willing to hand over a blank check to fund Tani’s Follies via the annual branch budget allocation, no one, in any position of authority or responsibility, wants to confront the awful truth of what is happening at 455 Golden Gate Avenue. Better to just turn a blind eye and mumble “no jurisdiction” or “separation of powers” or “co-equal branch of government” or some other variation of “not my problem” as you shuffle away.
Consequently, there will be a meaningful “transparency” policy at 455 Golden Gate Avenue at about the same time that there will be a meaningful Trial Court Bill of Financial Rights.
Still serving themselves to the detriment of all Californians.
Long live the ACJ.
sharonkramer
January 8, 2014
Have you ever thought about who, outside the judicial branch, might be benefitting from the court insiders not having established protocal which would force them to answer tough questions?
Wonder if these words have ever been spoken behind closed doors in relation to lack of transparency by the JC, “If I’m going down, I’m taking you with me.”
unionman575
January 8, 2014
http://www.lao.ca.gov/reports/2014/infrastructure/counties-design-build-010714.pdf
See Page 8:
“Inclusive, Uniform Statute. Currently, separate legislation provides design-build
authority of varying duration and breadth to a variety of agencies, such as cities,
counties, and school districts. If the Legislature extends design-build authority to any of
these agencies, the Legislature could adopt a single statute that covers all public entities
providing similar authority and limitations as we have recommended in the past.
Creating a uniform standard would help contractors become more familiar with one
standard for doing design-build on public works projects in California.”