NCJ Number
195104
Date Published
2002
Length
100 pages
Annotation
This 2001 Annual Report of the California Commission on Judicial Performance presents information and statistics on the Commission's activities, which involved investigating complaints of judicial misconduct and judicial incapacity and dispensing discipline.
Abstract
The first section of this report describes the Commission's handling and disposition of complaints that involve judges. Issues discussed include how matters are brought before the Commission, the nature of judicial misconduct (conduct in conflict with the standards in the Code of Judicial Ethics), the limitations of the Commission's authority, the review and investigation of complaints, action the Commission can take, and confidentiality. The second section of the report pertains to legal authority and Commission procedures. Recent changes in California law that bear upon the legal authority of the Commission are explained, along with the Commission rules and policy declaration and the Code of Judicial Ethics. In addition to a description of Commission procedures, this section discusses the State Supreme Court review of a Commission disposition, the statute of limitations on judge censure or removal, standard of proof, and the confidentiality of Commission proceedings. The third section presents 2001 statistics on complaints received and investigated, as well as complaint dispositions. Remaining sections of the report address case summaries; complaints against subordinate judicial officers; judicial disability retirement; and Commission organization, staff, and budget. Appended governing provisions, selected judicial opinions affecting the Commission, a 10-year summary of Commission activity, and a complaint form