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State of California Commission on Judicial Performance

 

 

Active & Former Judges - Statistics

New Complaints

 In 2011, the commission considered 1,158 new complaints about active and former California judges. The 1,158 complaints named a total of 1,446 judges (862 different judges). The complaints set forth a wide array of grievances. A substantial percentage alleged legal error not involving misconduct or expressed dissatisfaction with a judge's decision. 

2011 CASELOAD - ACTIVE & FORMER JUDGES

Cases Pending 1/1/11 148

New Complaints Considered 1,158
Cases Concluded1,138

Cases Pending 12/31/11151

Discrepancies in totals are due to consolidated complaints/dispositions.

 

Staff Inquiries and Preliminary Investigations

In 2011, the Commission ordered 95 staff inquiries and 77 preliminary investigations.

Formal Proceedings

At the beginning of 2011, there was one formal proceeding pending before the Commission. This matter was concluded in 2011.

The Commission instituted formal proceedings in one case during 2011. This matter remained pending before the Commission at the end of the year.

 

FORMAL PROCEEDINGS
Pending 1/1/111
Commenced in 20111
Concluded in 20111
Pending 12/31/111

 

Deferral of Investigation

The Commission may defer an investigation under certain circumstances. At the beginning of 2011, 24 deferred matters were pending. The Commission ordered 25 matters deferred during 2011.  Thirteen matters were returned to the Commission's active calendar, considered and concluded by the Commission in 2011.  Five matters were returned to the active calendar and remained pending before the Commission at the end of 2011.  Thirty-one matters remained deferred at the end of the year.

 

REASONS INVESTIGATIONS WERE DEFERRED IN 2011
Deferred pending resolution of underlying case5
Deferred pending appeal or other review11

Deferred pending civil, criminal or

     administrative investigation10 or proceeding

Deferred pending rule 112 monitoring0

One investigation was deferred on 2 separate occasions for different reasons

 

Complaint Dispositions

The following case disposition statistics are based on cases completed by the Commission in 2011, regardless of when the complaints were received. (Staff inquiries and preliminary investigations in the cases closed in 2011 may have commenced in prior years. Cases or portions of cases that were pending at the end of 2011 are not included in complaint disposition statistics for 2011.)

In 2011, the Commission concluded a total of 1,138 cases. The average time period from the filing of a complaint to the disposition was 4 months. See chart of Complaint Dispositions for all cases completed by the Commission in 2011.

 

TYPE OF COURT CASE UNDERLYING COMPLAINTS CONCLUDED IN 2011
Criminal40%
General Civil21%
Family Law16%
Small Claims/Traffic9%
All Others9%

5% of the complaints did not arise out of court cases. These complaints concerned off-bench conduct, such as the handling of court administration and political activity.

 

SOURCE OF COMPLAINTS CONCLUDED IN 2011
Litigant/Family/Friend87%
Attorney 4%
Judge/Court Staff3%
All Other Complainants4%
(including citizen)
Source Other than Complaint2%
(includes anonymous letters, news reports)

 

Cases Closed Without Discipline

In 2011, after obtaining the information necessary to evaluate the complaints, the Commission determined that there was an insufficient showing of misconduct in 995 of the complaints. In other words, there was an absence of facts which, if true and not otherwise explained, might constitute misconduct. The Commission closed these complaints without staff inquiry or preliminary investigation.

Following staff inquiry or preliminary investigation, the Commission closed another 99 matters without discipline. In these cases, the investigation showed that the allegations were unfounded or unprovable, or the judge gave an adequate explanation of the situation.

 Cases Closed With Discipline

In 2011, the Commission publicly censured one judge and imposed five public admonishments. The Commission also issued ten private admonishments and 26 advisory letters. See Public Discipline & Decisions and Private Discipline Summaries.  Discipline has been categorized according to the Types of Misconduct. A chart of the Types of Conduct Resulting in Discipline indicates the number of times specific types of misconduct resulted in discipline in 2011. 

Resignations and Retirements

The Constitution authorizes the Commission to continue proceedings after a judge retires or resigns and, if warranted, to impose discipline upon the former judge. When a judge resigns or retires during proceedings, the Commission determines whether to continue or close the case and, if the case is closed, whether to refer the matter to another entity such as the State Bar. In 2011, the Commission closed two matters without discipline when the judge resigned or retired with an investigation pending.

 10-Year Summary of Commission Activity

The 10-Year Summary of Commission Activitychart provides statistics on case actions by the Commission over the last 10 years.