Recent Changes In The Law

      In 2007, the Supreme Court amended the Code of Judicial Ethics and the Commission adopted various changes to its rules.  The amendments to the Code and to the Commission rules are summarized below. 

California Constitution, Government Code, and Code of Civil Procedure Section 170.9

    The Commission on Judicial Performance was established by  legislative constitutional amendment approved by the voters in 1960.  The Commission’s authority is set forth in article VI, sections 8, 18, 18.1 and 18.5 of the California Constitution.  In 1966, 1976, 1988, 1994 and most recently in 1998, the Constitution was amended to change various aspects of the Commission’s work. 

      The Commission also is subject to Government Code sections 68701 through 68756.  The Government Code also governs the Commission’s handling of disability retirement applications.  The pertinent provisions are Government Code sections 75060 through 75064 and sections 75560 through 75564. 

      In addition, the Commission is responsible for enforcement of the restrictions on judges’ receipt of gifts and honoraria, set forth in Code of Civil Procedure section 170.9.  On January 31, 2007, the Commission adopted $350.00 as the adjusted gift limit, for purposes of Code of Civil Procedure section 170.9.

Commission Rules and Policy Declarations

      Article VI, section 18(i) of the Constitution authorizes the Commission to make rules for conducting investigations and formal proceedings.

      The Rules of the Commission on Judicial Performance,  rules 101 through 138, were adopted by the Commission on October 24, 1996, and took effect December 1, 1996. 

       In May 2007, after circulation for public comment, the Commission adopted three new rules and amendments to six other rules.  New rule 116.5 permits the negotiation of stipulated dispositions during preliminary investigations and admonishment proceedings, as well as after formal charges have been filed.  New rule 134.5 provides for the application of the rule of necessity when a quorum of Commission members cannot otherwise be convened.  New rule 125.5 provides for the handling of original exhibits at the conclusion of a hearing; rule 119.5 was amended to clarify which documents are to be filed with the commission during formal proceedings.  Rule 108(c) was amended to set forth the requirements for requesting a continuance of a hearing before special masters and to emphasize that such continuances are disfavored.  Amendments to rules 113 and 115 were adopted to expressly provide for the citation to any prior discipline in notices of intended private and public admonishments.  Rule 126(d) was amended to permit the Commission to petition a court for appointment of a conservator for a judge who is adjudged or appears to be incompetent.  Rule 102(k) was amended to permit the Commission to refer information to the State Bar or other regulatory agencies about proceedings involving a subordinate judicial officer who is terminated by the local court as well as when the subordinate judicial officer retires or resigns from employment with the court.

        In October 2007, after circulating proposed rule changes for public comment, the Commission adopted an amendment to rule 118(c) to provide that service of a notice of formal proceedings by certified mail is complete at the time of mailing.  Rule 122(g) was amended to allow each side in formal proceedings to take four discovery depositions.

        The Policy Declarations of the Commission on Judicial Performance detail internal procedures and existing policy.  The Policy Declarations were substantially revised in 1997.    In January 2007, the Commission adopted a Code of Ethics for Commission members (Policy Declarations 6.1-6.5).  In December 2007, the Commission adopted a clarification of the Preface to its Code of Ethics concerning the effect of the code.  Additions and revisions to Policy Declaration 6.3 also were adopted to prohibit the receipt as well as the initiation of ex parte communications by Commission members and to prohibit ex parte communications between the Commission members and the Director-Chief Counsel, trial counsel or the investigative staff concerning a matter after formal proceedings have been initiated.

Code of Judicial Ethics