NCJ Number
63313
Journal
Judicature Volume: 63 Issue: 5 Dated: (NOVEMBER 1979) Pages: 220-226
Date Published
1979
Length
7 pages
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)