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NCJ Number: 63313 Find in a Library
Title: CALL FOR MORE OPENNESS IN THE CALIFORNIA COMISSION ON JUDICIAL PERFORMANCE
Journal: JUDICATURE  Volume:63  Issue:5  Dated:(NOVEMBER 1979)  Pages:220-226
Author(s): S ANDERSON
Corporate Author: American Judicature Soc
United States of America
Date Published: 1979
Page Count: 7
Sponsoring Agency: American Judicature Soc
Chicago, IL 60601-7401
Format: Article
Language: English
Country: United States of America
Annotation: METHODS ARE INDICATED FOR IMPROVING THE CALIFORNIA COMMISSION ON JUDICIAL PERFORMANCE, PARTICULARLY IN ENDING THE EXCESSIVE SECRECY OF THE COMMISSION AND IN DEVELOPING ENOUGH FOR INDIVIDUAL COMPLAINANTS.
Abstract: THE CALIFORNIA COMMISSION MAY RECOMMEND TO STATE SUPREME COURT THE RETIREMENT OF A JUDGE WHOSE DISABILITIES SERIOUSLY INTERFERE WITH THE PERFORMANCE OF THE JUDGE'S DUTIES, AND MAY RECOMMEND THE CENSURE OR REMOVAL OF A JUDGE FOR ACTION WHICH CONSTITUTES MISCONDUCT. JUDGES HAVE BEEN PUBLICLY CENSURED BY THE STATE SUPREME COURT ON SIX OCCASIONS, AND FIVE JUDGES HAVE BEEN REMOVED OR RETIRED INVOLUNTARILY SINCE 1960. ALTHOUGH MANY JUDGES HAVE LEFT OFFICE UNDER THE PRESSURE OF COMMISSION INVESTIGATIONS, MORE JUDGES ARE VINDICATED BY THE COMMISSION THAN ARE CENSURED OR REMOVED. HOWEVER, THE COMMISSION'S EFFECTIVENESS IS INHIBITED BY THE NARROWNESS OF ITS MANDATE AND BY EXCESSIVE SECRECY. THE MANDATE SHOULD BE EXTENDED TO COVER COMMISSIONERS, MASTERS, REFEREES, BALIFFS, COURT REPORTERS, AND DISTRICT ATTORNEYS. THE CALIFORNIA CONSTITUTION SHOULD BE AMENDED TO PERMIT THE COMMISSION TO PUBLICLY ADMONISH JUDGES SO THAT THEY WOULD HAVE AN OPPORTUNITY TO CHALLENGE THE PUBLIC REBUKE. WHEN JUDICIAL MATTERS ARE CONCLUDED, THEN THE PROCEDURES OF THE COURT'S INQUIRY SHOULD BE OPENED TO PUBLIC PARTICIPATION SO THAT THE RULES ON THE COMMISSION'S SECRECY AND OPENNESS CAN BE DEBATED. IN 12 STATES, COMMISSION PROCEEDINGS BECOME PUBLIC AS SOON AS PROBABLE CAUSE FOR DISCIPLINARY ACTION HAS BEEN ESTABLISHED. THE COMMISSION SHOULD ALSO PUBLICIZE APPLICATIONS OF THE CODE OF JUDICIAL CONDUCT TO PROVIDE A DEFINITION FOR THE PROPER LIMITS OF JUDICIAL INDEPENDENCE. FOOTNOTES AND TABULAR DATA ARE PROVIDED. (TWK)
Index Term(s): California; Court reform; Judge censure and removal; Judicial conduct and ethics; Professional misconduct; State Judicial Conduct Commissions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63313

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