On October 20, 2016, the Commission on Judicial Performance filed a lawsuit attempting to block the State Auditor from accessing complaints against judges and other records necessary for the auditor to evaluate whether the commission is operating effectively as the sole oversight agency of California's court system. The public, Legislature, and State Auditor are pushing back against this lawsuit because adequate judicial oversight is a matter of public safety.
"If not Elaine Howle, then who? There cannot be a state agency of any type that goes without oversight." Mark Stone, Chair Assembly Judiciary Committee. Daily Journal, October 25
"This is a public entity, paid for through public dollars, that has never before been audited in its 56-year history. While I respect the separation of powers, no state agency is above the law, nor above its fundamental responsibility to be accountable and transparent to the public." Senator Hannah Beth Jackson, Chair Senate Judiciary Committee. The Recorder, August 24.
Joseph Sweeney, a longtime critic of the CJP who testified at an Assembly hearing in March, called the suit "a guise just to prevent any scrutiny" on how the CJP handles complaints against judges. "If the CJP were to win this suit, they would be the only government agency that has zero accountability." Joe Sweeney, Founder & CEO Court Reform LLC. Daily Journal, October 25.
MEDIA & PRESS:
Courthouse News, August 21
Judges' commission fights scope of audit
The Recorder, August 24
Judicial discipline commission sues over scope of audit
San Diego Union Tribune, August 24
California judicial watchdog agency sues over state audit
Daily Journal, August 25
Judicial watchdog goes to court to challenge Legislature-ordered audit