“This retirement at once changes everything, and changes nothing.”
Administrative Director of the AOC Steven Jahr
Doublespeak. We’re accustomed to hearing it from national leadership but from the ostensible leadership of a whole branch of state government, especially the judicial branch is …. uncommon.
What bothers us the most about this statement is that nothing but additional costs is what we can expect. A transition team will be formed from within the AOC to ensure that items are transitioned over to “judicial council”. New management positions will be created. And an 800K compensation and workload study will be nearly meaningless as the organization morphs while under study.
But what really bothers us the most is a declaration by the council is that they are the de facto directors of the AOC and that it is not a separate organization but the administrative arm of the judicial council, yet what is known as the AOC maintains division directors heading every division.
Years ago we criticized this arrangement because directors are generally independent of management. Yet in this organization, directors were the actual management with zero independence. Indeed, in theory, judicial council members should have the appropriate independence to oversee their management.
Yet what we continue to see is a whole slate of division directors serving as a board of directors and continuing to run the whole show, spoon-feeding council members with reams of materials that are measured by the thump they make when dropped on a table. So much information in such a short amount of time that even the most judicious cannot review it all before the start of any meeting. So what we see as the public turns out to be choreographed votes without dissent because much like congress rarely reads a bill before voting on it, council members don’t have a chance to review the objects measured by the thump they make. Worse, all members are appointed based primarily on their ability to rubber stamp without dissent all that their administrative staff puts before them.
And the AOC’s many directors become judicial council directors because what changes everything also changes nothing.
What it does do is wrap what is known as the AOC under the black robes of silence and the virtually absolute immunity of the judicial council, making them more untouchable than ever before.
In our opinion, that’s no way to run a railroad.
courtflea
July 16, 2014
more like a “riddle wrapped in a mystery, inside an enigma”. “I cannot forcast to you the action of Russia.”.”perhaps there is a key”. “that key is Russian national interest.” Churchill
unionman575
July 16, 2014
JusticeCalifornia
July 16, 2014
SAVE THE DATE
“California’s Broken Branch”
Statewide Judicial Protest
Friday, September 19, 2014
350 McAllister Street, San Francisco
11:00am – 1:00pm
Corrupt acts at the very highest levels of the branch, done under color of the law, in the biggest judiciary in the Western World, that holds itself as an example to the world, with no effective oversight or repercussions. Retaliation against whistle blowers. Elevation of those who tow the corrupt party line. Over, and over, and over again. So many, many harmed, in so many, many ways.
And that is why everyone is invited to attend this broken branch protest. All branches of law, not just family law. All judges, court employees, lawyers, litigants, unions, court employees, families, everyone who has had a problem with corruption in the branch, in CA and beyond.
I fully and completely understand why those who witness corruption stay silent. But I also understand why those who stay silent cannot complain when they are tarred with the same brush as their corrupt colleagues.
Wendy Darling
July 16, 2014
Will the real judicial council board of directors please get indicted?
Thank you.
Long live the ACJ.
sharonkramer
July 16, 2014
Good stuff, JCW. At the end of the day when all is said and done, it comes down to six little alphabetic letters:
“She a ho'”
Lando
July 16, 2014
If I recall correctly, J Hull oversaw a one year long process that led to Hull’s incredible claim they appointed the most qualified candidate in the entire country, JJahr to head the then AOC. So much for that process as Jahr is the 4th AOC head to exit under HRH-2’s regime. Now her honor is saying we will have a new head of the AOC , I mean Judicial Council staff by September. How is that going to work exactly? How does she know that? Is a search committee in place to select Jahr’s replacement? Who is chairing it? As we are in the middle of summer and there has to be reasonable notice to all that might actually be qualified and want to apply for the position, how is it possible Jahrs replacement will be in place in a month and a half? The only way any of this can happen is that HRH-2 has already selected Jahr’s replacement and if that is the case the new Director of AOC staff has to be yet another insider at 455 Golden Gate. It is hard to imagine that such intelligent people keep making the same mistakes over and over. The whole empire has no credibility and now we are going to aggravate that problem by appointing yet another crystal palace insider ?
Wendy Darling
July 16, 2014
“The whole empire has no credibility and now we are going to aggravate that problem by appointing yet another crystal palace insider ?”
Answer: Yes.
To make it easier for you, Lando, whatever the worst possible decision that could be made, or the worst possible course of action that could be taken, that is what branch “leadership” and 455 Golden Gate Avenue will do. Every single time.
Long live the ACJ.
JusticeCalifornia
July 17, 2014
I recently heard a rumor that Kim Turner once thought she was in the running for direktor. Ha!
It is pretty clear that Sakauye already knows who she wants as direktor, and I imagine that person’s key qualification is that he or she can be trusted to do whatever it takes to keep the bodies buried.
Change is not in Team George’s best interest because their hands are too dirty, so it is not going to happen until it is forced.
What happened to the legislative efforts to democratize the judicial council?
sharonkramer
July 16, 2014
“It is hard to imagine that such intelligent people keep making the same mistakes over and over.”
I don’t think it is a mistake. Its a shell game in an effort to stall accountability for numerous collusively criminal acts that have been committed while pandering to cronies and which have defined the Cal judicial branch since Ron George took office. Its the epitomie of sleazy.
The OBT
July 16, 2014
With the new name for the dark hallways of 455 Golden Gate I am guessing we will waste a bunch of taxpayer money to take all the signs down using the words Administrative Office of the Courts or AOC. If we are going to change all these signs can we add to the 455 Golden Gate 5th floor entrance in gold leaf letters, “The Judicial Council; We never fail to fail because it is the easiest thing to do”.
wearyant
July 17, 2014
The subjects of leadership and honesty are featured in today’s Dilbert where we have our Wendy Darling and the queen appearing; their sexes have been changed to protect the innocent.
http://www.dilbert.com
Wendy Darling
July 17, 2014
“Like being stabbed by an angry clown while drowning in a septic tank.”
Yep.
Long live the ACJ.
sharonkramer
July 17, 2014
“I can’t sleep. The clowns will eat me”
unionman575
July 19, 2014
MaxRebo5
July 17, 2014
IF CA can’t do the death penalty anymore by Federal order then perhap CA taxpayers can save some money and stop paying for all those attorneys at 455 Golden Gate doing death penalty (DP) appeals. In a DP case the appeal is automatice to the CA Supreme Court but since the DP is no longer a possiblity then the need for those appeals to the CA Supreme Court should also go out the window. I say, taxpayers can at least stop paying for high priced attorneys who are no longer essential given nobody’s life is at risk anymore. The money wasted on all those DP appeals can help offset the costs to Corrections for housing these convicted felons in prison for the rest of their lives.
Those DP cases are now just regular criminal convictions and can get appeals through the CA Court of Appeals. One less workload item for 455 Golden Gate. The CA Supreme Court’s pending caseload on the criminal side pretty much just got cleared out. Seems some cuts can be made there if this case survives the Federal appeals process.
http://www.hcrc.ca.gov/index.php
This Supreme Court calendar looks pretty light to me already:
http://www.courts.ca.gov/documents/SC_Calendar_2014_.pdf
Not to worry. The Chief will create lots of commissions and committees to pass the time.
Wendy Darling
July 17, 2014
“then perhaps CA taxpayers can save some money and stop paying for all those attorneys at 455 Golden Gate doing death penalty (DP) appeals.”
Not to mention all the money it will save when 455 Golden Gate stops having their attorneys farm out the actual work in those DP appeals to their friends and law school class mates in high priced law firms, while the “attorneys” at 455 Golden Gate avenue “supervise” the work.
Long live the ACJ.
Guest
July 17, 2014
Two examples illustrate vividly how naive/inept the cj is. We all know that she has selected the new director. Instead of being honest and just announcing them, she plays this game as if we are stupid or unworthy to hear her big announcement yet. She could go a long way to get us to trust her if she just trusted us. Second, the AOC should be renamed to Insanity. Because the cj just appointed another committee, this time to make recommendations on the Future of the Courts. Of course her appointees are the same characters that got us into this mess, Yamasaki being her cherry on top. This chief thinks if she appoints all the same people to every committee that she will get a different result? That is the definition of, and real name of JC/AOC, Insanity.
The OBT
July 20, 2014
” The Administrative Office of the Courts shall serve the Chief Justice,the JudicialCouncil, and the courts for the benefit of all Californians by advancing leadership and excellence in the administration of justice that continually improves access to a fair and impartial judicial system” I guess we won’t be continually doing that anymore as HRH-2 has pronounced the end of said Administrative Office of the Courts. What would Larry L. Sipes author of Committed to Justice, The Rise of Judicial Administration in California and source of that quote have to say about that ?
Lando
July 21, 2014
OBT, when I read your post I went and got my copy of the Sipes book that Mr Vickrey sent to all of us. I don’t know what this guy Sipes was smoking when he ended his book with the following; ” The number and magnificence of improvements will turn on whether the Judicial Council, the Administrative Office of the Courts and the judicial branch build upon the foundation …. the creation of the Judicial Council strengthened by the establishment of the AOC…” So much for that great vision of the future lol. The ” magnificence ” of what we got has been nothing but a nightmare of arrogance, millions of taxpayer dollars wasted and a court system which requires hard working taxpayers to drive for hours to contest a traffic ticket or serve for jury duty. You can’t make any of this stuff up. Really.
courtflea
July 21, 2014
lando, he was smokin some of the cash he got from the AOC for writting that POS.
The OBT
July 21, 2014
By the way, how many taxpayer dollars were wasted by sending that Sipes puff piece and AOC propaganda to every judge in California? The book was actually published by the Administrative Office of the California Courts 455 Golden Gate Avenue San Francisco California 94102-3688 All rights reserved. That raises another great question, how much was wasted on the total costs of publication? When reading this self important “best seller” one should count the number of times you see the names Ronald M. George and William C. Vickrey. But the absolute best part of the book is the depiction of the crystal palace complete with the CJP penthouse as you open the cover lol.
courtflea
July 21, 2014
OBT, all of the CEOs and conference attendees also received it when it made its debut. I think most put it in the public restroom for reading material or for TP, which ever one may need. So it did prove to be a nice to have for some.. 🙂
unionman575
July 21, 2014
http://www.bizjournals.com/sacramento/news/2014/07/21/state-funds-site-for-sacramento-courthouse.html
Jul 21, 2014, 7:36am PDT
State funds site for Sacramento courthouse
MaxRebo5
July 22, 2014
Governor Brown has announced his nominee to the CA Supreme Court.
http://gov.ca.gov/news.php?id=18612
JusticeCalifornia
July 22, 2014
Really so interested in seeing what she says she has to offer our broken CA judicial branch.
JusticeCalifornia
July 22, 2014
Of course I meant “he”. As a Stanford alum, I do hope this Stanford professor lives up to expectations that he will enforce the US rule of law….and help clean up the CA judicial branch.
Let’s see.
sharonkramer
July 22, 2014
“He is a member of the Board of Directors for the Constitution Project, a national bipartisan organization devoted to advancing support for the U.S. Constitution”
If the gentleman is truly a scholar who is devoted to advancing support for the U.S. Constitution, he could prove to be a real threat to Tani and company’s current methods of doing business.
JusticeCalifornia
July 22, 2014
ummmm…… LOL. . .any law school student could prove to be a threat to Tani and company’s current methods of doing business.
Wendy Darling
July 22, 2014
Published late today, Tuesday, July 22, 2014, from Courthouse News Service. Quote of the day: “ It could be this, or it could be that, but really, it is nothing at all.”
You just can’t make this stuff up. Really.
What’s In a Name
I was editing a story last month where court administrative director Steve Jahr was quoted supporting the abandonment of his own agency’s name.
It was the director unbound. I did not know he was so quotable.
His comments highlighted the absurdity that surrounds many policy decisions recommended by a coterie of officials from the Administrative Office of the Courts and pushed past judges on the Judicial Council.
“Retiring the name AOC will produce a perceptual change, or perhaps a cultural change,” he told the council. “Yet under the substantive law, it makes no change at all.”
It could be this, or it could be that, but really, it is nothing at all.
I told the article’s author, Maria Dinzeo, that we should quote the director more regularly. She said she had never heard him speak with such freedom.
Indeed, something had changed.
The director’s ability to speak outside the jargon and double-talk of his bureaucracy was a flashing sign that he was already outside of it. A couple days later, his retirement was announced.
While the Administrative Office of the Courts no longer exists, its officials, its offices, its policies remain. They are now referred to as the staff of the Judicial Council.
At first impression, I considered the gambit just another move in the game of hide-and-seek the administrative officials have played in the past.
Years ago, when I first began delving into the Chesire Cat body of bureaucrats behind the disastrous software project called the Court Case Management System, I wanted to understand what made the system tick — what allowed them to dominate the administration of trial courts that adopted CCMS, how they acquired the arrogance to try and take the power to hire the court clerk away from the presiding judge, how they succeeded in putting information systems in the hands of the clerks by rule, and why the result of such hubris was a trashing of press access.
At the time, I asked officials who on paper worked for the Judicial Council what was the difference between working for the administrative office and working for the council. The response was that they all worked for the same person, then-director William Vickrey. He was the “boss.”
So I figured the council was under the boss, was the boss’s puppet.
That impression was confirmed two summers ago when the council decided to put a hold on the software project that had wracked up nearly a half-billion dollars in expense. The very next council session, the staff came back and said there was no hold, and the project was going ahead.
The obvious conclusion was that a vote by the council meant nothing, unless the staff agreed. Indeed, it meant the staff members could override the council, as they had just done.
Coming back to the present, what difference would it make if the staff changed its name from the AOC to the staff of the Judicial Council. They would still run the show.
So I was surprised at the reaction in the Legislature, which was clearly favorable. In addition, judges who have been strong critics of the administrative office agreed with the abandonment of the name and the idea of a separate administrative office.
Maybe, just maybe, the name change was more than a sleight of hand, more than a mere matter of perception.
In that case, what might the future might hold.
First, the council would be held responsible for hundreds of bureaucrats and the ideas they come up with. That accountability would in turn lead to scrutiny of the how the council works and how the committees, many of them now theoretically open to the press, decide on matters to push up to the council.
That scrutiny in turn would lead to questions about how the council is selected and that in turn would lead to the real and only source of power in the whole set-up, Chief Justice Tani Cantil-Sakauye, who picks the council members, leads council deliberations and ultimately directs the staff.
That focus could well lead to a better understanding of how the council works and an assignment of responsibility for the results.
http://www.courthousenews.com/2014/07/22/69731.htm
Long live the ACJ.
JusticeCalifornia
July 23, 2014
“That scrutiny in turn would lead to questions about how the council is selected and that in turn would lead to the real and only source of power in the whole set-up, Chief Justice Tani Cantil-Sakauye, who picks the council members, leads council deliberations and ultimately directs the staff.”
And therein is the crux of the problem right now. She has learned not to talk about how being a cocktail waitress and blackjack dealer prepared her for her current position, but in the end she is the hand we have all been dealt.
The truth is, no one person — no matter how dumb or smart–should have this much unfettered power over an entire branch.
I have to ask again– what is happening with respect to the democratization of the judicial council?
Wendy Darling
July 22, 2014
“What difference would it make if the staff changed its name from the AOC to the staff of the Judicial Council”?
Why, no difference at all. It is, and will remain, the AOC: the Administrative Office of Corruption.
Long live the ACJ.
The OBT
July 23, 2014
Great editorial by the courthouse news.com and thanks Wendy for posting it here. Governor Brown’s appointment today of Professor Cuellar to the Supreme Court looks like a very positive development. His appointments of highly thoughtful intelligent and independent Justices will finally lead us away from the arrogant legacy of Ronald George.
Lando
July 23, 2014
Thanks Governor Brown for appointing an outstanding new Justice to the Supreme Court today. Professor Cuellar represents diversity, intelligence and big picture legal experience that can only improve the administration of justice in California. I admire this Governor for actually taking the time and effort to find and identify the most qualified candidates for judicial appointments based on merit rather than political expediency or insider connections. What a contrast from the Schwarzenegger and George administrations.