Public Decisions Database
This database contains decisions on all public judicial disciplinary cases since the inception of the commission in 1960. Cases not involving public charges or public discipline remain confidential under the California Constitution and the commission’s rules.
Pursuant to amendments to the Constitution, which took effect in March 1995, the commission is authorized to impose all disciplinary sanctions, subject to discretionary review by the Supreme Court. Prior to that, the Supreme Court had the authority to censure or remove judges from office upon recommendation by the commission.
Case Profile
New Search| First Name | J. Anthony |
| Last Name | Kline |
| Title | Justice |
| Inquiry No. | 151 |
| Court Level | Court of Appeal |
| County/Appellate District | First Appellate District |
| Discipline/Determination | Dismissal/reversal |
| Decision By | Commission |
| Date of Decision | 08/19/1999 |
| Method of Resolution | Decision |
| Types of Misconduct | |
| Petition For Review | |
| Summary | Justice Kline issued a dissent in which he refused to follow what he acknowledged to be binding Supreme Court precedent because he thought the Supreme Court decision in Neary v. Regents of University of California (1992) 3 Cal.4th 273 was "analytically flawed and empirically unjustified" and the doctrine he declined to follow was "destructive of judicial institutions." He also refused to follow the Neary precedent in future cases, but indicated he would comply with an order of the Supreme Court to do so in a particular case. The commission dismissed the proceedings finding that the standard set in Oberholzer v. Commission on Judicial Performance (1999) 20 Cal.4th 371 was not met. |
| Documents |