California Lawmakers Order First Audit of State’s Judicial Oversight Agency in 56 Years

For Immediate Release:

August 10, 2016

Media Contacts:

Kathleen Russell 415-717-2221

Joseph Sweeney 510-717-2567 

California Lawmakers Order First Audit of

State’s Judicial Oversight Agency in 56 Years

Request to Audit the Commission on Judicial Performance Was Passed at

Today’s Joint Legislative Audit Committee Hearing

SAN RAFAEL- In a unanimous vote from the consent calendar, members of the Joint Legislative Audit Committee in the California Legislature passed an historic request this morning to audit the California Commission on Judicial Performance for the first time since it was established in 1961. Since its inception, this small but powerful judicial oversight agency has operated in relative secrecy, until June of this year, when Santa Clara County Judge Aaron Persky’s lenient sentencing of Stanford University student rapist Brock Turner created a national outcry that unwittingly thrust the agency into the media spotlight.

“The Center for Public Integrity gave California an ‘F grade’ on its 2015 report card for judicial accountability, said Kathleen Russell, the executive director of the Center for Judicial Excellence. “California’s lack of judicial accountability is renowned, and it weakens the public’s trust in its judges,’ she continued, “so this audit is an important step toward creating a culture of accountability for our state’s nearly 2,000 judges.”

Lawmakers want judges to be more accountable after Stanford case

Center for Investigative Reporting

By Whitney L. Clegg / August 1, 2016

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The six-month sentence imposed by the judge in the Stanford University sexual assault case has ignited calls for greater judicial accountability and transparency in California state courts.

Among them, Assemblywoman Catharine Baker has requested an audit of the body that investigates judicial misconduct, the Commission on Judicial Performance.

The state created the Commission on Judicial Performance in 1960 as an independent agency responsible for investigating complaints against the state’s 2,175 active judges. It’s mandated to protect the public against “incompetency, misconduct or nonperformance on the bench.”

However, as the Stanford case illustrates, the public has access to little information on how the commission conducts its investigations.

The Stanford case became a national controversy when Judge Aaron Persky sentenced former student Brock Turner to six months in prison after a jury found him guilty of three sexual assault charges. Turner faced a possible 14 years in prison, but Persky said a longer sentence would have a severe impact on the former Stanford swimmer.

The commission won’t report how many complaints have been filed against Persky, even as his handling of another case draws scrutiny.

“Complaints to the commission and investigations are confidential,” said Victoria Henley, the director and chief counsel of the commission.

In requesting the audit, Baker, a Republican from San Ramon, hopes to open up a commission that has been criticized for its lack of action and lack of transparency.