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AB-1842 Commission on Judicial Performance: complaints against judges.(2019-2020)

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Date Published: 01/06/2020 09:00 PM
AB1842:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1842


Introduced by Assembly Member Salas

January 06, 2020


An act to add Article 1.5 (commencing with Section 68710) to Chapter 2.5 of Title 8 of the Government Code, relating to judges.


LEGISLATIVE COUNSEL'S DIGEST


AB 1842, as introduced, Salas. Commission on Judicial Performance: complaints against judges.
The California Constitution establishes the Commission on Judicial Performance and authorizes the commission to disqualify, suspend, retire, or censure a judge for specified acts of misconduct or for disability that seriously interferes with the performance of the judge’s duties or that is, or is likely to become, permanent. The California Constitution requires the commission to make rules for the investigation of judges and authorizes the commission to provide for the confidentiality of complaints to, and investigations by, the commission. Existing statutory law also governs procedures for the conduct of these investigations.
This bill would require the commission to establish and implement a procedure to permit the electronic filing of complaints against judges on or before January 1, 2022. The bill would require the commission to prepare and submit to each courthouse an informational bulletin describing the commission’s mission, the procedure for filing a complaint with the commission, and the definition of judicial misconduct, and to ensure that the informational bulletin is publicly displayed at each courthouse in this state. The bill would require the commission to report to the Legislature on or before May 1 of each year, until the requirements of the bill have been completed, regarding, among other things, the commission’s progress in implementing these requirements and in purchasing and implementing a new electronic case management system. The bill would also require the commission to hold at least one public meeting during each biennial rulemaking period.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 1.5 (commencing with Section 68710) is added to Chapter 2.5 of Title 8 of the Government Code, to read:
Article  1.5. Complaints: Filing Procedures and Public Information

68710.
  On or before January 1, 2022, the commission shall establish and implement a procedure to permit the electronic filing of complaints against judges.

68711.
 The commission shall prepare and submit to each courthouse an informational bulletin describing the commission’s mission, the procedure for filing a complaint against a judge with the commission, and the definition of judicial misconduct. The bulletin shall be written in clear and concise language. The commission shall ensure that the informational bulletin is publicly displayed at each courthouse in this state.

68712.
 (a) The commission shall report to the Legislature on or before May 1 of each year, all of the following information until the commission has completed the requirements of this article:
(1) The commission’s progress in implementing the requirements imposed pursuant to this article.
(2) The commission’s actions taken for the purpose of realizing operational efficiencies.
(3) An evaluation of whether the investigations manager is a full-time position and any funding necessary to support that position.
(4) The commission’s progress in purchasing and implementing a new electronic case management system.
(b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795.

68713.
 The commission shall hold at least one public meeting during each biennial rulemaking period in order to provide greater public transparency and to provide opportunities for the public to provide input.