Supreme Court Ranked As Nation’s Most Open

That move last year to post state Supreme Court judges’ financial records online has led to a top national ranking for California, although our “letter grade” was only a C. The Washington, D.C. based Center for Public Integrity awarded 43 sates an F.
 
Howard Mintz at the Contra Costa Times reported that “… California’s Supreme Court received particularly high marks for making financial information readily available to the public, the result of a move last year by the state’s Fair Political Practices Commission to require all of the state’s judges to post their financial information online. Some judges around the state had opposed the requirement, but it helped separate California from other less open states.” He also noted that little dust-up involving one justice who voted in favor of Wells Fargo even though she owned “between $100,000 and $1 million” worth of the bank’s stock.
 
California was also praised for the way it selects supreme court justices, who only face a “recall” election every 12 years as opposed to states that elect judges in head-to-head elections. Read the full report here.

Federal court to video-stream most important cases

The federal appeals court for California and other western states is expanding its Internet video streaming to include important cases heard by the full court, as opposed to lesser cases heard by panels of the full court. The Ninth Circuit, which usually meets in San Francisco and is known for allowing more media access than other courts, will broadcast five cases slated for oral arguments betweenDec. 9 and 11. It is believed that this is the first time a federal appellate court has allowed live broadcast of a proceeding.
 
“The Ninth Circuit has a long history of using advances in technology to make the court more accessible and transparent,” 9th Circuit Chief Judge Alex Kozinski said in a statement. “Video streaming is a way to open the court’s doors even wider so that more people can see and hear what transpires in the courtroom, particularly in regard to some of our most important cases.” 
 
You can find Associated Press coverage of the decision, via the Mercury News, here.

Fresno: Union Blasts Court-Linked Supervisor Pay Hike

In Fresno County, the same judicial pay increase that raised eyebrows statewide is giving county supervisors more money. That pay hike comes after the supes took a hard line on rank-and-file salaries, and it happens because the county leaders years ago tied their salaries to judicial pay.
 
Last week, the Judicial Council of California and the state Judges Association sent out a memo to announce a 1.4% judicial pay increase. That same memo noted that a 4.5 percent hike is expected in the next year or so.
 
The Fresno supervisor raise brought sharp comment from a labor group, with the Fresno Bee newspaper quoting Alysia Bonner, a county employee and Region 4 vice president for SEIU Local 521: “It’s just incredible that they’d take another raise before they’d invest in Fresno… they constantly talk about cutting services and tightening belts, but they don’t have any trouble taking more money for doing less. They are part-time workers. The rest of us work for a living.” The union represents more than 4,000 county workers.
 
Read the Fresno Bee story by John Ellis here.

Civil Courts Not Even On 2014 Political Radar

Political observers are watching the not-subtle trial balloons for the 2014 political season, and in California’s statewide races the big news is that a former Goldman Sachs Group executive who ran President George W. Bush’s “Troubled Asset Relief Program,” or TARP, is likely to run for governor. It is interesting for civil court observers to note that the political liabilities attributed to Gov. Jerry Brown nearly always cite the prison overcrowding and other issues, but never the civil court cuts that destroyed our neighborhood justice system.
 
Bloomberg News, a Republican trial-balloon venue if there ever was one, floats it this way: “Neel Kashkari, the former Goldman Sachs (GS) Group Inc. executive chosen by ex-Treasury Secretary Henry Paulson to help rescue the U.S. banking system, is readying a challenge to California Governor Jerry Brown even as the world’s 10th-largest economy reaches its highest level in more than three decades… Kashkari, 40, who ran the $700 billion Troubled Asset Relief Program under President George W. Bush, has assembled a team of Republican campaign strategists and is talking to potential donors about taking on the 75-year-old Democrat, said Aaron McLear, a spokesman for Kashkari.
 
A quick review of nine other stories about Gov. Brown’s challenge turned up no mention of the court cutbacks or layoffs. If anything, political pundits seem to lump the court issues into the wildly successful effort to balance the state’s budget. Granted, most of those supporting a courts revival are also likely to be Democratic voters, so perhaps they have limited options.
 
Here’s the Bloomberg story, which has excellent background details on the likely candidate’s divorce and home in Laguna Beach.

‘King George’ Book Keeps Quotes Coming

Reports from the “King George” book signings keep making the rounds, including comments from a Berkley event where retired Los Angeles County Judge Charles Horan was quoted as saying “[Former Chief Justice Ronald M. George) never had enough power… I don’t know of a judge who hasn’t referred to him as King George. That was standard.”

The Courthouse News reports that “… while in California’s top judicial post, George was a principal force behind the centralization of California’s trial courts. Legislation in 1997 gave control of court rules and the roughly $3 billion court budget to California’s Judicial Council, where the chief justice chairs the meetings, votes and appoints 14 of the 21 voting members. The legislation also resulted in a huge growth in the personnel and power of the central court bureaucracy, where the chief justice is the staff’s ultimate boss.”

Judge George’s book, “Chief: The Quest for Justice in California,” has placed him back into the spotlight. At a recent event at the UC Berkeley campus, the CN reported, he was “… surrounded by shelves of books and reading tables. A space had been cleared for about 40 guests that included the current Chief Justice Tani Cantil-Sakauye, the administrative office director of operations Curt Child and colleagues, lawyers and family members. Proceeds from the book are being donated to the school.”
 
Keep up with the legacy discussion here.

Interpreter Dispute: Hundreds Protest Across 7 Counties

More than 900 interpreters across seven Central California counties picketed this week to raise awareness about ongoing negotiations between the union for interpreters and the Administrative Office of the Courts, the management arm of the state judicial system, according to various media reports.
 
While gone more than a half-decade without a pay raise is noted, the core of the issue is another “outsourcing” cost-cutting plan. The idea is to use “centralized” remote video interpreting. This would often replace humans who make $35 per hour. They are paid by the state, but via the court system. The Santa Cruz Sentinel newspaper explained that “… video remote interpreting uses video cameras, computers and an interpreter in a remote location to translate rather than having a live interpreter in court.” The paper cited a union spokesperson explaining that “… there is concern from interpreters that the video service would violate the right to due process and compromise attorney client privilege.” 
 
The talks continue today (Friday, Nov. 22) and there’s no speculation yet if other unions might join in any further actions. Read the Sentinel story here.

Judicial Friction Story in Sacramento Bee

Dan Walters, who covers courts for the Sacramento Bee, has an interesting background story about continuing friction in the California judiciary. He offers a good history of the major players, writing that “… when Tani Cantil-Sakauye became California’s chief justice nearly three years ago, she inherited a nasty judicial squabble from her polarizing predecessor, Ron George.”
 
Walters reminds us that “… George had persuaded the Legislature to have the state assume financial and operational control of what had been a locally managed court system, thus making him the boss of an immense state agency [and] many local judges resented what they saw as George’s autocratic style of governance through a State Judicial Council and an Administrative Office of the Courts that he controlled, dubbing him “King George.”
 
But the reporter, who has the personal background to back his opinion, also says that “… resentments flared into open political warfare with the creation of the anti-George Alliance of California Judges, and the infighting intensified when a chronic state budget crisis squeezed the courts.” It’s a timely story making the rounds as the Office of Courts considers opening some of its committee meetings, where most of the actual decisions are made. Read it here.

Heads Up: New Court Committees Target Budget, Access

While the debate over public access to court-management committee meetings gathers steam (see immediate previous post), anyone wondering about the significance of those groups need only look a bit deeper into new committees being formed on hot-button issues – like budget and access. Given that the Administrative Office of the Courts (AOC) is sometimes blamed for “rubber stamping” committee work, a skeptic might suggest that pushing debate into committee or even sub-committee meetings effectively removes discussion from citizen oversight.
 
The budget committee would, among other things, “… report to the council on AOC contracts that meet established criteria to ensure that the contracts are in support of judicial branch policy” and “… review proposed updates and revisions to the Judicial Branch Contracting Manual.” For a system facing debate over how much work can be farmed out to private contractors, as opposed to re-hiring employees, that’s an important discussion. 
 
Another group, actually a sub-group of a committee and led by a “committee co-chair” will tackle “… physical, programmatic, and language access; fairness in the courts; and diversity in the judicial branch.” Given that legal action against the Los Angeles Superior Court reorganization focuses on physical and other access issues, that’s another great debate.
 
And of course, all this helps create context for the 2014 state budget battle. Read between the lines at the State website.

Judicial Council ‘Open Meetings’ Plan Draws Complaints

It turns out that good news about open committee meetings at the California Judicial Council comes with at least 17 strings attached. That’s how many exceptions there are, including for issues like “consideration of raw data,” that would evade public eyes whenever the judges like.
 
Reporters and newspaper advocates are among those commenting on the rules, with court officials stressing that this is just an early draft. Jim Ewert, general counsel for the California Newspaper Publishers Association, told The Courthouse News that “… this is really open to wide discretion by whoever is on the committee… the exemptions they have created are very, very broad.”
     
The report also notes that “… the Judicial Council has a history of making decisions in closed-door committees followed by open Judicial Council sessions where the committee decisions are unanimously approved with little or no debate. Trial judges have said the council simply ‘rubber stamps’ the decisions made secretly by the committees.”
There’s more from Court House News here
 

2014 L.A.S.C. Elections Featuring D.A. Hopefuls

It seems another member of the District Attorney team might be headed to the bench, or at least to the ballot. The MetNews is reporting that Los Angeles Superior Court Judge Joseph E. DiLoreto has indicated that he will not seek reelection, and has endorsed Deputy District Attorney Christopher J. Frisco to fill his upcoming vacancy.
 
In the L.A. courts community, such an “endorsement” can be a virtual hand-off, but this year some groups are whispering about breaking with tradition and pushing for new judicial blood. Until that happens, we can expect candidates to continue to announce in order to let potential opponents know they have the “insider” status. The MetNews, which BTW is the leader in court election coverage by a long shot, notes that Frisco’s “… campaign advisor and treasurer is David L. Gould, a consultant who is also advising other judicial aspirants in the District Attorney’s Office, including Andrew Cooper, Alison Matsumoto Estrada, Donna Hollingsworth Armstrong, and Stacy Okun-Wiese.”
 

For more about the election, and other candidates, check out the report here.