Have a Thankful holiday!

Starting today, the CCM is taking a break over Thanksgiving and will begin posting your daily ration of justice rationing again on Monday. And to those who have asked about increased judicial election coverage, we’re working on that. So stay tuned. And know that we are tankful of your attention and continued support.
 
— The editors.

‘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.

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.

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.

2014 Judicial Election Cycle Gets Started

We don’t yet know how many Los Angeles Superior Court judgeships will be up for election next year, but at least four candidates are hoping to take the familiar path from the District Attorney office to the bench. From various reports and announcements, they include Alison Matsumoto Estrada, Stacy Okun-Wiese, Donna Hollingsworth Armstrong and Andrew Cooper.
 
Typically, judicial careers in L.A. Superior Court begin with an appointment by the governor and few judges face contested elections. Some critics have suggested this is because the “culture” is that anyone challenging a seated judge can face negative reactions in court, both from that judge and even others. The early announcements for next year’s race suggest a more robust election cycle, and budget challenges are already a top issue.
 
Read about Andrew Cooper at MetNews here and about the other three candidates and find some campaign links here.

‘Routine’ Bay Area Court Decision Taking Years

It sounds fairly routine: A town’s government thinks development is good for an area, but environmentalists and others say officials have not demanded the kinds of research required by law. So you go to court for a decision, and how long should that take? In the Bay Area community of Newark, they are at three years – and counting.
 
At issue is a non-developed area of the town that many want to preserve. After taking several years to develop a master plan, and gain official support, developers found themselves facing a lawsuit in 2010. A Contra Costa Times newspaper report says that “… the lawsuit has meandered through the courts for the past three years, with all parties still waiting for a definitive ruling. A case management conference involving a judge and the attorneys for both sides is scheduled Nov. 12.”

It has become a case study in the courts’ role in such controversies, with added significance in an area of civil court delays and cutbacks. Read more about it here.

Courts Contracts Info Denied To Reform Judge

It’s an ongoing issue, but you might think that getting copies of all the current vendor contracts for California courts would be (A) a cure for insomnia and (B) fairly easy. Think again. Because “A” may be true but “B” is proving difficult for a judge who has been critical of the judicial administration, reports the Voice of San Diego website, a non-profit investigative news outlet.
 
The VofSD reports that “… Kevin McCormick, a trial judge in Sacramento who also heads a court reform-advocacy group called the Alliance of California Judges, asked state court administrators earlier this year for copies of all their current contracts with vendors. He was surprised to hear that they did not have that information available… the courts had literally interpreted [open records act] Rule 10.500 to mean that they did not have to “create” a public record of their contracts — even at the request of a judge.”
 
Judge McCormick went on to question how such a large system runs without a list of vendor contracts. You can read more about the issue here.

Judges Might Hear Cases Of Political Donors

A California Supreme Court ethics committee is seeking comments on a draft opinion that would allow state judges to hear cases of lawyers whose firms have donated to the judge’s campaigns, just so long as no single attorney trying that specific case has given more than $1,500. Judges would have to disclose the contribution, but could still hear the case.
 
The Metropolitan News is reporting details that “… the issue involves the interpretation of Code of Civil Procedure Sec. 170.1(a)(9)(a), which mandates judicial disqualification when a “lawyer in the proceeding” has donated more than $1,500 to the judge’s campaign. The draft opinion would clarify that the statute does not apply to contributions by a firm, and does not provide for aggregation of smaller contributions by individual lawyer.”
 
The deadline for comment on either opinion is Nov. 15,  and comments may be submitted at the site, or by email, or by regular mail. The draft opinions and invitation to comment are posted on the committee’s website here. The full MetNews story is here.

Chief Justice Notices ‘Two-Tiered’ Court System

 
Chief Justice Tani Cantil-Sakauye (Photo: California Courts)

Chief Justice Tani Cantil-Sakauye (Photo: California Courts)


Anyone seeking evidence that California has created a two-tier system that denies justice to lower income residents can just ask the state’s chief justice. Echoing a host of earlier comments, Tani Cantil-Sakauye told KQED News that “The truth is, those who can will use other, private alternatives… but those of us who need to go to the court, who don’t have those resources, find ourselves frankly getting a second system of justice.” 
 
The report also included that “… the Chief said severe state budget cuts had created a ‘two-tier system of justice’ in California, where shuttered courthouses and shorter courtroom hours are ‘basically denying justice across the state.'” The comment continue a consistent message from state court managers that the system is broken and that the losers include lower and moderate income people who need the courts.
 
See video and read more about this particular interview, which includes that the chief justice self-identified as a Republican, here.