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State of California Commission on Judicial Performance

 

 

Organization & Budget

Organization of the Commission

The Commission has 27 authorized staff positions: 16 attorneys and 11 support staff. Due to reductions in the Commission's budget over the last five years, several positions have been kept vacant and other positions have been filled part-time as a cost-saving measure.  This resulted in an overall staffing reduction of approximately 26 percent in 2010.

The Director-Chief Counsel heads the agency and reports directly to the Commission. The Director-Chief Counsel oversees the intake and investigation of complaints and the Commission examiner's handling of formal proceedings. The Director-Chief Counsel is also the primary liaison between the Commission and the judiciary, the public, and the media. Victoria B. Henley has served as Director-Chief Counsel since 1991.

The Commission's Staff Counsel include intake attorneys who are responsible for reviewing and evaluating new complaints and investigating attorneys who are responsible for conducting staff inquiries and preliminary investigations.

Trial Counsel serves as examiner during formal proceedings, aided by Assistant Trial Counsel. The examiner is responsible for preparing cases for hearing before special masters, including presenting the evidence that supports the charges and briefing. The examiner also presents cases orally and in writing in hearings before the Commission and the California Supreme Court.

One member of the Commission's legal staff, the Legal Advisor to Commissioners, is solely responsible for assisting the Commission in its deliberations during adjudication of contested matters and for the coordination of formal hearings. That attorney does not participate in the investigation or prosecution of cases and reports directly to the Commission. Janice M. Brickley was appointed to the position in August 2007.

Commission Organizational Chart

 

The Commission's Budget

2011-2012 Budget

The Commission's budget is separate from the budget of any other state agency or court. For the current 2011-2012 fiscal year, the Commission's budget is $4,181,000. In the 2003-2004 fiscal year, and again in the 2008-2009 fiscal year, the Commission's budget was reduced by 10 percent - a 20 percent reduction in the span of five years.  None of the funding has been restored.

The Commission's constitutional mandate is the investigation of allegations of misconduct and the imposition of discipline.  The members of the Commission receive no salaries, only reimbursement of expenses related to Commission business.  Because the performance of the Commission's core functions is dependent upon the services of its legal and support staff,  the Commission's budget is largely allocated to personnel expenses. This leaves the Commission with few options for reducing expenditures. Despite reducing spending in nearly every aspect of its operations, since the 2003-2004 fiscal year, the Commission has had to maintain reduced staffing levels in order to achieve the required savings.

2010-2011 Budget

The Commission's final budget appropriation for the 2010-2011 fiscal year was $4,105,542. Final expenditures totaled $3,716,778. Approximately 41 percent of the Commission's budget supported the intake and investigation functions and approximately 13 percent was used in connection with formal proceedings. The remaining 46 percent went toward sustaining the general operations of the Commission, including facilities, administrative staff, supplies, and security.

2010-2011 Expenditures Chart