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State of California Commission on Judicial Performance 2007 Annual Report

NCJ Number
223003
Date Published
2008
Length
129 pages
Annotation
This report presents actions taken under the State of California Commission on Judicial Performance within the judicial disciplinary system for the year 2007.
Abstract
The California Commission on Judicial Performance is the independent State agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for the disciplining of judges. The Commission is mandated to investigate allegations of misconduct and follow through with the imposition of discipline. This report presents the Commission’s handling and disposition of complaints involving judges in the year 2007. Highlights of the report include: (1) of 1,660 judgeships in 2007, with the majority in Superior courts, 1,077 new complaints were lodged against active and former California judges; (2) as of the end of 2007, there were 87 cases pending; (3) the average time period from the filing of a complaint to the disposition was 2.8 months; (4) 87 percent of complaints concluded were from litigant/family/friend; (5) 975 of the complaints were determined to have insufficient evidence of misconduct; and (6) the Commission issued 9 private admonishments and 20 advisory letters. The types of conduct resulting in discipline include: demeanor, decorum (N=18), disqualification, disclosure and related retaliation (N=9), bias or appearance of bias, miscellaneous off-bench conduct (N=5), failure to ensure rights, on-bench abuse of authority in performance of judicial duties, off-bench abuse of office, administrative malfeasance, decision delay ex parte communications, abuse of contempt/sanctions, improper political activities, comment on a pending case, sexual harassment, substance abuse, and alcohol or drug related criminal conduct. The Commission’s final budge appropriation for 2006-2007 was $4,373,965 and for fiscal year 2007-2008, the Commission’s budget appropriation was $4,495,000. Appendixes 1-5