All the signs so far suggest that COTIN’s pessimism is more than justified — about the likelihood that the deliberately lax, inefficient body charged with disciplining corrupt, incompetent and misbehaving California judges will be reformed urgently, if at all. This site’s gloomy spring and early summer prognostications on that topic followed the publication on 25 April of the California Auditor’s minutely detailed exposé of the workings of that body — the Commission on Judicial Performance (CJP).
Here are links to essential reading for anyone who wishes to know exactly how the California judiciary has since been evading the Auditor’s diligent attempt to correct injustice, through tactics that fit the judges’ historic tendency to rank ‘protecting their own’ above the public interest:
• Shielding judges from public complaints and criticism (but not the public, from bad judges) was immediately given the highest priority
The Auditor, Elaine Howle, has no means of directly or semi-directly translating her organisation’s recommendations for reforming the CJP into action. She has to accomplish that through Sacramento politicians — that is, win the support of members of the California State Assembly. According to The Reporter, in a 29 June article,
A state legislative committee earlier this month issued several proposals, including an amendment to the state Constitution, that would make investigations of alleged judicial misconduct more fair to judges and, at the same time, increase public awareness of a commission that hears complaints about judges and disciplines them, … [ COTIN’s highlighting ]
In view of the seriousness of the wrongs in dire, urgent need of righting — and given that the Auditor’s report was related to the mistreatment of litigants by rogue judges, rather than the reverse — should the committee have made an issue of the sensitivities of the judiciary, at this time?
• Somehow, the CJP failed to meet its deadline for applying for the money it needs to start implementing the Auditor’s recommendations for its reform
According to The San Jose Mercury News on 15 July, in ‘California’s troubled judicial misconduct watchdog may miss key deadlines to improve: Problems could undermine public trust in court system’:
This past April, the much-anticipated California State Audit reviewing the Commission on Judicial Performance (CJP) exposed a crisis in the state’s only judicial oversight agency, which allows for severe judicial misconduct to persist. In order to enact the changes set forth in the audit, the CJP should have requested funding from the State by the June deadline. However, they missed it, using, as executive director Kathleen Russell stated, a “classic stalling tactic” to continue resisting efforts to change its practices.
• The second stage of California legislators’ investigation of precisely what needs to be done about judicial misconduct was somehow postponed to 2020
In a conventional prelude to action by lawmakers, the Joint Legislative Audit Committee (JLAC) held a hearing in Sacramento on 12 June to discuss the Auditor’s recommendations. It was set for continuation in October, but that did not happen. Katie Guthrie in the office of the committee’s chairman, Rudy Salas, said on 15 October that no date had been set for the next stage of JLAC’s discussion of the CJP, but that she might be able to answer that question for COTIN in December or after 6 January, when the Assembly reconvenes.
By means explained in earlier entries on this site, California’s judiciary has a centuries-long record for going to extraordinary lengths to frustrate attempts by voters to bring it back into line with the state’s ideals of justice. ( See: ‘… the long-running feud about mythical ‘unpublished’ opinions’)
What is the solution?
Probably, the involvement of the youngest California voters.
Mark Zuckerberg, and the WordPress co-founder Matt Mullenweg, whose blogging platform’s home page proclaims that it ‘powers 34% of the internet’ (not excluding COTIN) — were both born in 1984. Their vintage makes their achievements especially astounding, and that is in keeping with the apparent trend for the world’s most effective revolutionaries — whether driven by greed or pure conscience — to be getting younger every year. But if Mark and Matt were computer systems, they would have been consigned to crematoriums decades ago. This would be true if they were not 35 but 25 years old — or the same age as the IT system that the Auditor found the CJP using to process complaints about judges by lawyers and litigants in 2018. As noted on this site last summer, this has meant that instead of accepting complaint forms through email or via a web site, the CJP was using Californians’ tax dollars to pay staff for retyping postal submissions from complainants into its prehistoric IT marvel, keystroke by keystroke.
There is no way to interpret that other than as proof of the lengths to which the judges’ disciplinary authority has gone to avoid disciplining judges.
Surely California needs a firebreathing activist, an equivalent of 16 year-old Greta Thunberg — nine years younger than the CJP computer system — to emerge from the populace and get to work?
The Center for Judicial Excellence (CJE) in Northern California, founded and run by Kathleen Russell, has been among the most vigorous and prominent campaigners against judicial misconduct in the state — and is widely seen as the principal prod responsible for the official audit of the CJP.
Child custody rulings outnumber all other cases of alleged misconduct in which the CJE intervenes to assist litigants who believe that they have been hurt by those decisions. Too many are horrific and heart-stopping. It could be appropriate for some of the older children — teenagers — in such cases to model themselves on Ms Thunberg and draw attention to the harm that can be inflicted on families and individuals from judicial benches whose occupants are demonstrably guilty of bias, incompetence, failure to follow the law, or all three.
The September issue of Wired magazine offered this compelling argument for their involvement:
In general, kids start waving signs when adults are slow to act, and, according to Alcides Velasquez, who researches social media and political activism and participation at the University of Kansas, there is a perception among adults that children will be more effective at trumpeting future-looking messages. (Also, as political commentator Tucker Carlson pointed out, it’s harder to justify eviscerating a child for political gain.) That’s only the most cynical piece of Thunberg’s appeal, though. “We learn from observing people who are similar to us,” he says. “If you want young people to get involved, showing them that another teenager can do this type of stuff will be very empowering.” He also notes that youth demonstrations, like the climate marches Thunberg and others have led, put direct pressure on reelection-minded public officials: “They’re going to be voting in three, four, five years, and politicians will be feeling the pressure.”