“Because your email requests information not set forth in judicial administrative records, it is being referred to Justice Harry E. Hull, Jr., the Chief Justice’s designee for considering such requests, pursuant to policy 2.8. . . .”.
These words are the death knell for many a request for information about the AOC. Three recent examples:
- Judge Greg Dohi came across a rumor that the AOC had purchased a new SUV for a high-ranking official for less-than-compelling reasons. Sure enough, AOC purchase orders obtained by fellow Alliance director Kevin McCormick showed that the AOC had bought two new SUVs, along with two hybrids, in the relevant time frame, even though the AOC had a contract with Enterprise for vehicle fleet services. In November of last year, Judge Dohi sent an email to Administrative Director Hoshino asking for whose use these cars were purchased. He included copies of the purchase orders. Director Hoshino promptly replied that he had referred the matter to his staff.
Three weeks later, the AOC’s Public Access to Judicial Administrative Records unit (PAJAR) informed Judge Dohi that the agency did in fact have responsive documents and would be sending them by December 7, 2015. That date came and went. Then on December 21, PAJAR sent an e-mail reporting that it was “still researching” as to whether the AOC had any responsive documents. In January, after Judge Dohi sent a reminder, PAJAR completely backpedaled and told him that it had no records responsive to his request. His inquiry, they said, was being treated as a request for information rather than a request for documents. They used the standard verbiage and punted the matter over to Justice Hull. Finally, Justice Hull sent a letter on January 20: “[T]here are no records, beyond those which you have already received, that are responsive to your questions.” So after three months and multiple e-mails, Judge Dohi had no more information than when he started. Should we not consider the Judicial Council’s failure to identify a legitimate business purpose for the purchase of these expensive vehicles an admission that none exists?
- Judge John Adams, Director of Judicial Education for the Alliance, was curious: If CJER pays for lodging at CJA conferences, would it consider doing the same for judges attending Alliance educational programs? After all, the Alliance’s programs feature speakers who have taught for CJA and for CJER in the past. In early March, Judge Adams wrote to Diane E. Cowdrey, Director of CJER / Operations and Programs Division of the AOC, “I . . . would like very much to learn more about what you might offer for our consideration of inclusion with our 2016 conference. That some of the lodging cost could be reimbursed, as will be done at the CJA conference in Monterey next month, would be wonderful for traveling judges.” Ms. Cowdrey’s one-sentence nonresponsive reply, after a week’s delay and prompting from Judge Adams: “We appreciate the invitation to hold a CJER course at the upcoming Alliance conference, but must decline the invitation at this time.” When Judge Adams asked for more information about “the specific nature of the CJER relationship with CJA, and the contractual underpinnings of that relationship,” as well as about who decided to “decline the invitation,” he got the boilerplate notice that his request had been shunted off to Justice Hull. A month and a half has passed and not a word from Justice Hull.
- The AOC recently announced that it intended to keep the bulk of its work force in San Francisco, despite the recommendations of both the SEC Committee in 2012 and the State Auditor in 2015 that the entire outfit be moved to Sacramento. Retired Judge Charles Horan wanted to know who made the decision: Was it Administrative Director Hoshino, acting in excess of his authority? Or was it the Council, acting in secret? He sent an e-mail to Director Hoshino, who forwarded it to Justice Hull. Three months have passed–Justice Hull has never answered.
The Chief Justice herself told us in 2011 that she believed in “absolute transparency.” The AOC’s responses to our questions make a mockery of her words. We’ll keep asking the hard questions, but we’re not holding our breath for any answers.
Directors, Alliance of California Judges
anonymous
April 21, 2016
Sounds like all of these unanswered questions deserve to be compiled and asked by the legislature of Mr. Hull. Odd that they would shunt all the questions to someone whose day job already occupies all of his time but the true reason is apparent when Justice Antediluvian …….er….. Justice Hull wants your request re-composed for the benefit of his delicate eyes in a snail mail form with your signature above your name.
Rumor has it that he only accepts authentic typewriter fonts too though I wouldn’t give that rumor much merit. My money is on the other rumor that says you must ask in proper Shakespearean prose in order for him to give you a response.
wearyant
April 21, 2016
“Because your email requests information not set forth in judicial administrative records, it is being referred to Justice Harry E. Hull, Jr., the Chief Justice’s designee for considering such requests, pursuant to policy 2.8. . . .”.
++++++++++++++++++++++
The Pony Express should have been used to reach the honorable H. E. Hull. He apparently has not received the inquiry sent via the Internet!
“AOC’s Public Access to Judicial Administrative Records unit (PAJAR) ”
++++++++++++++++++++++
I would respectfully ask the AOC that it change the name of PAJAR to lose the reference to “judicial.” Correctly it should be PABSR, ergo, public access to bureaucratic shenanigans records.
What a wild case of circle jerk spewed out by the AOC bureaucrats! Their craft in obfuscation is so finely honed, it is breath-taking. I would suggest an award for going above and beyond, say, an SUV.
“He sent an e-mail to Director Hoshino, who forwarded it to Justice Hull. Three months have passed–Justice Hull has never answered.”
+++++++++++++++++++
Again, our good friend Hon. Harry is hiding behind his stool pigeons — I mean to say, his carrier pigeons. Have the pigeon who delivers the aforesaid missive wait for a signed receipt from Harry. Heh heh.
“The Chief Justice herself told us in 2011 that she believed in ‘absolute transparency.’ The AOC’s responses to our questions make a mockery of her words.”
+++++++++++++++++++
It is what it is or the thing speaks for itself. What is that tiresome Latin phrase that is bandied about in court all the time?
Long live the ACJ
wearyant
April 21, 2016
Wendy Darlin’: The Crock cartoon for today! Thinking of you and the other toilers in the dungeons. Keep on keepin’ on.
wearyant
April 21, 2016
http://www.oregonlive.com/comics-kingdom/?feature_id=Crock
Wendy Darling
April 21, 2016
Hahahaha, Ant. Very funny!
Also true. But still – very funny!
Long live the ACJ.
George Carroll
April 21, 2016
Why does the Judicial Counsel even exist? For the life of me I can’t think of one useful purpose it serves.
unionman575
April 21, 2016
Wendy Darling
April 21, 2016
“The Chief Justice herself told us in 2011 that she believed in “absolute transparency.”
Uh-huh. So she’s liar. She has been for a very long time. And it’s not likely to change.
Mirror, mirror
On the Wall
Who is the biggest hypocrite
Of them all?
Why, you, Queen Feckless
You
Are the biggest hypocrite
Of them all.
By every measure
Far and wide,
You, Queen Feckless,
Are and remain
The biggest hypocrite
Of them all.
Still serving themselves to the detriment of all Californians.
Long live the ACJ.
sharonkramer
April 22, 2016
“Judge Dohi sent an email to Administrative [Staff] Director Hoshino asking for whose use these cars were purchased….Director Hoshino promptly replied that he had referred the matter to his staff…Justice Hull sent a letter on January 20: ‘[T]here are no records, beyond those which you have already received, that are responsive to your questions.”
By not proactively finding the answer to the question and relying it back to the Alliance judges, Mr. Hoshino’s deflecting to his staff — who then refused to disclose for whom and for what justification those vehicles were purchased — gives the appearance that Mr. Hoshino knows funds have been misappropriated under his stewardship as Staff Director. Mr. Hull’s non-answer gives the appearance that the Judicial Council is aware of the misappropriations and is refusing to provide oversight of Staff Director Hoshino’s usage of public funds.
I think it sounds like a change to the California Constitution may be in order.
According to the January 2015 BSA audit report http://www.auditor.ca.gov/pdfs/reports/2014-107.pdf
Chapter 4 “SIGNIFICANT CHANGE IS NECESSARY TO ENSURE THE FUTURE ACCOUNTABILITY, TRANSPARENCY, AND EFFICIENCY OF THE ADMINISTRATIVE OFFICE OF THE COURTS”
“Given the lapses in Judicial Council oversight and AOC decision making that we have identified throughout this report, we believe significant change is warranted. We are concerned that without significant change, the Judicial Council and AOC will continue to publicly embrace plans to address the weaknesses that we and others have identified but fail to take the steps necessary to repair those weaknesses in a meaningful and transparent way.”
“As we do with all audits,our office will closely monitor and report the AOC’s progress in implementing our recommendations to the Legislature and the public. If the Judicial Council does not undertake sufficient and timely action in response to our recommendations, it may be desirable to amend the provisions of the California Constitution that prescribe the powers of the Judicial Council so that the reforms we recommend can be implemented.”
sharonkramer
April 26, 2016
The Daily Californian “Cantil-Sakauye said at the event that she has aimed to build partnerships to overcome the state’s fiscal crisis, improve the branch’s accountability and transparency, and ensure due process for as many as possible.”
http://www.dailycal.org/2016/04/14/ca-chief-justice-tani-cantil-sakauye-speaks-berkeley-forum-event/
wearyant
April 26, 2016
She’s a woman of color now?! Who knew?! 😳
sharonkramer
April 26, 2016
“ensure due process for as many as possible”. Isn’t it suppose to be due process for ALL? Is she saying that sometimes she knows due process is not followed in CA for some reason – like politics and SWOV in the courts? (Retorical question. I am already well aware of the answer.)
unionman575
April 27, 2016
😳
Lando
April 26, 2016
The Chief can make all the claims she wants. Transparency, access to justice, diversity and yet none of it means anything as she presides over the greatest judicial dictatorship in the world. The result ? The radical reduction of judicial services to the citizens of California and the tremendous waste of almost a billion dollars of valuable taxpayer dollars. The Chief’s gate keeper and hatchet man? Justice Harry Hull. Hull is incredibly arrogant, self important and irresponsible in his unwillingness to respond to legitimate questions about the management of 455 Golden Gate. He is a total disgrace to a once proud and independent judiciary.
unionman575
April 27, 2016
Wendy Darling
April 27, 2016
There’s actually a phrase for this at 455 Golden Gate Avenue, Lando: “It’s not about how things actually are. It’s only about how we can make things appear to be.”
Example: The Chief Justice and branch administration doesn’t have to engage or practice “actual” transparency and fairness. The Chief Justice and branch administration only have to “appear” to be practicing transparency and fairness. So all the Chief Justice and branch administration has to do is say to anyone who will listen that they are all about transparency and fairness, and just keep repeating this over and over, and – voila – the Chief Justice and branch administration will appear to be practicing transparency and fairness.
There’s a fairy tale that follows this same reasoning. You may have heard of it: The Emperor’s New Clothes.
Still serving themselves to the detriment of all Californians.
Long live the ACJ.
sharonkramer
April 27, 2016
The BSA report said they would “closely monitor” the AOC/JC & “it may be desirable to amend provisions of the California Constitution” if they continued w/their antics as the BSA feared they would.
Maybe it would help if the ACJ asked the BSA to recommend to the legislature and Brown that it’s time for that amendment? (just a thought)
Chapter 4 “SIGNIFICANT CHANGE IS NECESSARY TO ENSURE THE FUTURE ACCOUNTABILITY, TRANSPARENCY, AND EFFICIENCY OF THE ADMINISTRATIVE OFFICE OF THE COURTS”
“Given the lapses in Judicial Council oversight and AOC decision making that we have identified throughout this report, we believe significant change is warranted. We are concerned that without significant change, the Judicial Council and AOC will continue to publicly embrace plans to address the weaknesses that we and others have identified but fail to take the steps necessary to repair those weaknesses in a meaningful and transparent way.”
“As we do with all audits,our office will closely monitor and report the AOC’s progress in implementing our recommendations to the Legislature and the public. If the Judicial Council does not undertake sufficient and timely action in response to our recommendations, it may be desirable to amend the provisions of the California Constitution that prescribe the powers of the Judicial Council so that the reforms we recommend can be implemented.”
wearyant
April 28, 2016
“There’s a fairy tale that follows this same reasoning. You may have heard of it: The Emperor’s New Clothes.”
+++++++++++++++++++
But …. but the great unwashed commoners see the emperor naked! The privileged are the few who see the finery …. or, in this case, the supposed transparency and fairness. An oft repeated lie is still a lie. They’re in their own sycophantic echo chamber. Hope they choke on their fine food and high living.
unionman575
April 28, 2016
Lando
April 27, 2016
Admiral Tani and Captain Hull in charge of a modern day Titanic known as 455 Golden Gate Ave. Someone in the legislature needs to step up and launch a full investigation into why Justice Hull is allowed to derail legitimate and reasonable questions pertaining to the management of taxpayer funds within the judicial branch.
sharonkramer
April 27, 2016
Yep. And here’s the trickle down effect of lack of accountability for the systemic problems. Someone should step up to fix this one, too. San Diego Union Tribune: “Critics say divorce court separates litigants — from their money” http://www.sandiegouniontribune.com/news/2016/apr/26/divorce-court-lawsuit/
Wendy Darling
April 27, 2016
“Someone in the legislature needs to step up and launch a full investigation into why Justice Hull is allowed to derail legitimate and reasonable questions pertaining to the management of taxpayer funds within the judicial branch.”
Uh-huh. Ho-hum. Yawn. Yawn again.
Justice Hull is “allowed” to do this for one simple reason: because he does so with the full knowledge, blessing, and consent of the Chief Justice. Another favorite saying at 455 Golden Gate Avenue: “We can do whatever we want, because there is no one to stop us.”
And the State Legislature’s position on this? “We won’t touch the judges.” And that’s a quote.
What the State Legislature should do, and what the State Legislature will actually do, are two entirely different things.
So let me know Lando, when someone in the State Legislature – anyone – anyone at all – will, in fact, step up and launch a full investigation into the out-of-control, and frequently unlawful, behavior that continues unabated at 455 Golden Gate Avenue. The reality is that pigs will fly and hell will freeze over, at the same time, before that ever happens.
Still serving themselves to the detriment of all Californians.
Long live the ACJ.
George Carroll
April 29, 2016
I’m just a plain old citizen and even I know the Judicial Committee is toothless and worthless. I filed a complaint with them regarding a judge in the San Diego Superior court involving a small claims matter. Code 36 of the State Code of Civil Procedure says all lawsuits must be in the name of the real party of interest. I filed small claims lawsuit against my former property management company and they filed a frivolous, retaliatory counterclaim. The building owner had FIRED them months before, yet they were suing as his agent, which there weren’t because he’d fired them because they treated his tenants like crap and tenants moved out left and right.
The building owner–the REAL party in interest–wasn’t named anywhere in their countersuit making it even more frivolous. I asked the judge, who I later found out owns a property management company–to have them show some sort of proof they are the owner’s agent even though they’d been fired eight months earlier. He not only refused to have them do so, he ruled in their favor in a hearing that shouldn’t have even been heard! In my appeal, I even asked “What if the real party of interest decides to sue me? Do I now have to pay the same lawsuit TWICE?” He still refused to reverse his decision.
I went to the Judicial Counsel and even though they claim to investigate judges who “Fail to disqualify when the law requires” and “Fail to ensure rights” and “Demonstrate bias for/against a certain class” I was told I didn’t provide enough information for them to investigate anything. I even sent them a letter from the Presiding Judge of the Court saying he was appalled by this judge’s actions but can’t do anything about it…but the Counsel refused to to anything about a judge who blatantly broke a clear, unambiguous law.
Crap like the Judicial Counsel is why people have so little faith in government.
Wendy Darling
April 29, 2016
Today’s installment of Tani’s Follies. Published today, Friday, April 29, from Courthouse News Service, by Maria Dinzeo:
Bid to Let Judicial Council Fill Judgeship Vacancies Delayed
By MARIA DINZEO
(CN) – Objections from judges prompted the Judicial Council’s legislation committee to delay a vote Thursday on a proposal to give it the authority to decide which courts should get new judgeships.
California’s trial courts are suffering from a shortage of about 270 judges, Judicial Council lobbyist Cory Jasperson told the Policy Coordination and Liaison Committee on Thursday.
Meeting by phone, the committee debated whether to move forward with legislative language that would grant the council discretion to dole out vacant judgeships.
The proposal originated with the Futures Commission, a group established by California Supreme Court Chief Justice Tani Cantil-Sakauye to examine what the state’s courts should like over the next 10 years. In a report to the chief, the commission proposed legislation that would allow the Judicial Council, the rule-making body for the state’s courts, to “allocate vacant judgeships from courts with less judicial workload needs to courts with greater judicial workload needs.”
Judge Eric Taylor of Los Angeles, attending the hearing on behalf of the California Judges Association which he heads, said he was concerned that the legislation committee might be moving too fast on an idea that will have a significant impact on the courts.
“This proposal seems to have been expedited in a way that has really gone beyond what we anticipated,” he said. “It does impact, potentially, the fabric of each of our courts. It has election implications, potentially. It can impose additional challenges to courts that have open seats taken away. A lot of the folks I’ve talked to so far have real concerns about the speed at which this is happening and the lack of opportunity to give input.”
Taylor asked the committee to put off its vote until the association he heads could discuss the proposal at its Friday meeting.
First Appellate District Judge James Humes, a member of Policy Coordination and Liaison Committee, said he’d prefer the committee act immediately to get the ball rolling on filling vacant judgeships. While Gov. Jerry Brown has already supported allocating up to five vacant judgeships in his 2016-17 budget, his proposal hardly begins to make a dent in the need. Pushing for additional legislation, either as a trailer bill to be included in this year’s budget or as a separate bill, would go much further.
“I think CJA should play a role in this and they should be notified,” Humes said. “But they will have an opportunity to play a role when and if the Judicial Council develops the methodology and criteria it needs to develop. Nothing is going to happen until that occurs.”
Taylor said: “It’s just interesting that we can’t wait 48 hours for something that is going to have sweeping impact. Why can’t we wait until Monday to talk about this again? I think we all should be on the same page and I was hoping I could buy a little time to have further discussion before this came out, especially since this is coming out of the committee and not the full council.”
Humes reminded the committee of the governor’s impending deadline for his May budget revision. “I’d like to see this get moving along, and we only have a few weeks,” he said. “I wouldn’t be adverse to reexamining our vote if they [CJA] come back and say we dislike this.”
The rest of the committee took a more cautious approach. “It’s a very important issue and I agree with it in concept, but I’d personally like to get CJA’s input,” Judge Gary Nadler of Sonoma County said.
Other committee members also raised objections. Judge David Buckley of Los Angeles said he had some problems with a sentence in the proposed statute that reads: “Vacant judgeships shall be allocated in accordance with methodology and criteria established by the Judicial Council.”
Jasperson said the language bears no significant difference to precedent from 2006 and 2007, where the Legislature gave the council authority via changes in the government code to allocate 50 vacant judgeships, and later to convert subordinate judicial officers to judge positions. The council would likely use a similar method for determining judicial vacancies as it is currently does, according to a mandated judicial-needs assessment based on, among other things, case filings and workload.
Buckley said, “Every time there’s a vacancy anywhere in the state, there has to be allocation, granted with a methodology by the council. I’m just concerned it’s putting us in a corner. Every time a presiding judge is facing a vacancy there has to be a wait for the council to decide how that will be handled.”
Committee member Patrick Kelly, a partner at Wilson Elsner in Los Angeles said he also had trouble with the proposal’s wording. “It’s a very vague standard that’s being set up,” he said.
In the face of these concerns, committee chair Judge Kenneth So said the committee would rework the language and reconvene on May 5.
http://www.courthousenews.com/2016/04/29/bid-to-let-judicial-council-fill-judgeship-vacancies-delayed.htm
“. . . the Judicial Council’s legislation committee delay(ed) a vote Thursday on a proposal to give it the authority to decide which courts should get new judgeships.”
Yep, you read that right. A vote on their own proposal to give them the authority to decide: fill in the blank – in this particular case “which courts should get new judgeships.” A vote to give themselves authority they don’t, and can’t, lawfully possess. Not that anyone in any position of authority is actually going to do anything about that.
Proving once again that, other than a few name plate changes on some office doors, nothing, absolutely nothing, has materially changed at 455 Golden Gate Avenue.
Still serving themselves to the detriment of all Californians.
Long live the ACJ.
wearyant
April 30, 2016
When we snooze, we lose. The apathetic will deserve their just reward.
Long live the ACJ. the Alliance may be the only ones who are awake.
As far as Tani’s award, where are the klieg lights? Whenever the elitists feel unappreciated, along comes an undeserved, ridiculous award. Awards no longer mean anything when they’re passed out everywhere and to everyone. As Michael once so elequently posted, pfffft!
sharonkramer
April 29, 2016
“Chief Justice Cantil-Sakauye receives 2016 Brody Award In recognition of her achievements, numerous members and friends of the College gathered in Ostrove this past Monday to watch Cantil-Sakauye receive the 2016 Morton A. Brody Distinguished Judicial Service Award……. Regarded as a ‘wise and fair jurist,’ the Chief was rated ‘exceptionally qualified’ by the California State Bar when she was nominated for her current position by then-Governor Arnold Schwarzenegger in 2010.” http://colbyechonews.com/chief-justice-cantil-sakauye-receives-2016-brody-award/
and in a related matter:
“State Bar’s Workings Are Clear as Mud, But clues can be seen in discipline chief’s scheduled departure.”
Read more: http://www.therecorder.com/id=1202756414417/State-Bars-Workings-Are-Clear-as-Mud#ixzz47Gu7Jbb6
Wendy Darling
April 29, 2016
“Wise and fair.”
Hmm, . . . isn’t that what the mirror on the wall used to say to the Evil Queen?
Long live the ACJ.
Judicial Council Watcher
April 30, 2016
From tiny colby college in Maine. Just another excuse for a state paid vacation to accept an award no doubt.
sharonkramer
May 1, 2016
A quick search of Colby College indicates they are well connected movers and shakers. Wonder what Cantil-Sayauke did (or is about to do) to sell the taxpayer down the river in order to receive this prestigious award?
unionman575
April 30, 2016
https://en.wikipedia.org/wiki/Colby_College#EEOC_lawsuit
EEOC lawsuit
In 1977, Colby and TIAA–CREF successfully defended a lawsuit brought by the Equal Employment Opportunity Commission, alleging sex discrimination in payment of retirement benefits.[22] Of the case, President Strider commented that “Colby is prepared, as we have always tried to do, to comply with the law, but it would be helpful to know what the law is.”[23] In 1981, an addition to Miller Library added 42,000 square feet, increasing the seating capacity by 44% and the stack capacity by 64%.[24] In 1984, following an investigation of campus life commissioned by the Board of Trustees, a decision was made to withdraw recognition from Colby’s Greek system as it was seen to be “exclusionary by nature”.[25]
😉
21st century
William D. Adams was the President of Colby from 2000-2014. Major accomplishments included conducting the largest capital campaign in the history of Maine, which raised $376 million;[26] a new strategic plan for the college; accepting a major gift for the Colby College Museum of Art- the Lunder Collection of American Art – and the construction of a new wing for the museum to house it in 2013;[27] and expansion onto the “Colby Green” with the construction of the Diamond Building in 2007 and the Davis Science Building in 2014. Adams was presiding over the college when on the morning of April 12, 2009 a student was detained by Colby Security inside the Student Union, and was joined by two other students who began questioning the actions of security.[28][29] The two students engaged in a physical altercation with the security prompting them to call local police.[30][31] A video of the incident showed the detained student being maced by local police officers responding to the scene.[32][33] The two Colby students detained were criminally charged with trespassing in the Colby College Student Union; the event was extensively covered by local and national outlets.[34][35]
😉
sharonkramer
May 1, 2016
About this Colby College/Brody award to Cantil-Sayauke:
1. The CA courts have been given an “F” for transparency and integrity in a survey of investigative journalists.
2. The CA judges have been screaming to stop the fraud, waste and abuse by her JC and their staff
3. There are many advocacy groups screaming to “Stop Court Crime” in her family courts.
4. Poor people have become destitute because of excessive fines in her traffic courts
5. There are a few RICO cases involving jurists and administrators in the CA courts
6. The BSA rendered a scathing audit of the CA judicial branch under her stewardship
7. The BSA rendered a scathing audit of the CA state bar under her stewardship
8. The CJP is under fire for their lack of accountability causing more lack of accountability in the judicial branch.
9. Both citizens and judicial branch employees alike are screaming about rampant retaliation and intimidation tactics for exposing fraud, waste, abuse and all out collusive frauds under her stewardship.
10. There are news articles published practically on a daily basis of the continuing problems in the CA judicial branch under her leadership.
So this is what I would like to know:
Who the Hell was the competition she beat-out to receive this award for excellence?
George Carroll
May 1, 2016
My guess is the other nominee was the ghost of Caligula.
wearyant
May 1, 2016
Perhaps the NCSC is responsible with their long reach, figuratively and in reality. Are California taxpayers still paying over eight hundred grand to this elitist group?
unionman575
May 7, 2016
Here’s the competition….