Active & Former Judges – Statistics
In 2017, the commission considered 1,251 new complaints about active and former California judges. The 1,251 complaints named 1,489 judges (a total of 878 different judges). The complaints set forth a wide array of grievances.
Staff Inquiries and Preliminary Investigations
In 2017, the commission ordered 84 staff inquiries and 95 preliminary investigations.
At the beginning of 2017, there were two formal proceedings pending before the commission. Both of these matters were concluded in 2017. In one matter, the judge filed a petition for review in December 2016, which was denied by the California Supreme Court in March 2017, and the judge filed a petition for writ of certiorari in June 2017, which was denied by the United States Supreme Court in October 2017. The commission issued a decision in the other matter.
The commission instituted formal proceedings in three cases during 2017, one of which was concluded in October 2017 and two of which remained pending before the commission.
Deferral of Investigation
The commission may defer an investigation under certain circumstances. At the beginning of 2017, 11 deferred matters were pending. The commission ordered 23 matters deferred during 2017. Nine matters were returned to the commission’s active calendar, and were considered and concluded by the commission in 2017. Five matters were returned to the active calendar and remained pending before the commission at the end of 2017. Twenty-five matters remained deferred at the end of the year.
The following case disposition statistics are based on cases completed by the commission in 2017, regardless of when the complaints were received. (Staff inquiries and preliminary investigations in the cases closed in 2017 may have commenced in prior years. Cases or portions of cases that were pending at the end of 2017 are not included in complaint disposition statistics for 2017.)
In 2017, the commission concluded a total of 1,229 cases. The average time period from the filing of a complaint to the disposition was 3.59 months. See chart of Complaint Dispositions for all cases completed by the commission in 2017.
Cases Closed Without Discipline
In 2017, after obtaining the information necessary to evaluate the complaints, the commission determined that there was an insufficient showing of misconduct in 1,081 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 106 matters without discipline. In these cases, investigation showed that the allegations were unfounded or unprovable, or the judge gave an adequate explanation of the situation. A substantial percentage alleged legal error not involving misconduct or expressed dissatisfaction with a judge’s decision.
Cases Closed With Discipline
In 2017, the commission publicly censured two judges and imposed three public admonishments. The commission also issued 13 private admonishments and 21 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 2017.
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 2017, the commission closed three 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 Activity chart provides statistics on case actions by the commission over the last 10 years.