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Contact: Rachel Decker, Media Coordinator, HALT
rdecker@halt.org or 202-887-8255
Washington, DC
Today, the nation's first comprehensive study of the systems
that hold state and federal judges accountable ranked California fifth best
in the nation, yet called state's program far from perfect and gave it a C+
grade. To shine a light on the typically secretive and toothless systems
that often fail to remove abusive and incompetent judges from the bench,
legal consumer watchdog group HALT, Inc. released its 2008 Judicial
Accountability Report Card, analyzing programs in all 50 states, D.C. and
the federal circuits.
"California's consumer-friendly procedures and reliance on ordinary
citizens to help decide ethics complaints against judges make it one of the
most promising systems of judicial oversight in the nation," stated HALT
Senior Counsel Suzanne M. Blonder.
A model state in some respects, HALT's study noted that unlike rules in
many states that "gag" consumers from disclosing that they have filed a
complaint against a judge, California rules explicitly allow complainants
to speak publicly about ethics complaints.
California is also one of only six states in which lay persons outnumber
judges and lawyers on disciplinary decision-making bodies. Three judge,
two lawyer and six public members of the Commission on Judicial Performance
decide ethics complaints against judges.
HALT refused to issue California an A however, giving demerits to the state
for failing to place meaningful limitations on the reimbursement and
compensation that judges may accept in connection with privately funded
trips. "California's laws unfortunately include massive loopholes that
still allow members of the judiciary to be wined and dined on the corporate
dime," noted Blonder.
Additionally, while California law requires judges to file annual financial
disclosure reports that include information related to the judge's
investments, gifts and board memberships, the state's Administrative Office
of the Courts does not post the reports online. "The purpose of annual
reporting-to allow litigants to review potential conflicts of interest-is
undermined when the reports are not easily accessible," explained Blonder.
"At a time when the American public has lost faith in the impartiality and
fairness of the nation's judiciary, it's critical that we have an effective
system of oversight for judges," stated Blonder, pointing to a 2006 case in
which Orange County Judge Pamela Iles incarcerated and denied a man bail
without giving him the chance to respond. The California Commission on
Judicial Performance issued only a slap on the wrist to Judge Iles, who has
a long history of receiving reprimands for violating the due process rights
of defendants. Although this was the fourth time she had been found guilty
of misconduct, she was again permitted to continue hearing cases.
California ranked below Washington state, Connecticut, Pennsylvania and
Arizona, and just above Texas, but none of the top states scored higher
than a B average on the Report Card. More than half of the states received
grades in the C range and HALT issued D's to 14 jurisdictions. Two states-
Maine and Mississippi-flunked outright.
Information about the Judicial Accountability Report Card, including California's Report Card and a detailed grading scale, can be found at www.halt.org. Founded in 1978, HALT, Inc. is a nonpartisan, nonprofit public interest group that challenges the legal establishment to increase accountability in the civil justice system.
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