Report 2016-137 Recommendation Responses
Report 2016-137: Commission on Judicial Performance: Weaknesses in Its Oversight Have Created Opportunities for Judicial Misconduct to Persist (Release Date: April 2019)
Recommendation for Legislative Action
The Legislature should propose and submit to voters an amendment to the California Constitution to accomplish the following:
Establish a bicameral structure for the commission that includes an investigative and a disciplinary body. The proposed amendment should also require that members of the public are the majority in both bodies and that there is an odd number of members in each body.
Require that the disciplinary body directly hear all cases that go to formal proceedings and that CJP make rules to avoid prejudicial activity when it hears these cases. The amendment should also require that a majority of the commissioners who hear cases be members of the public and should establish that the State will compensate commissioners for their time preparing for and hearing cases.
Direct CJP to make rules for the implementation of corrective actions. Establish that such actions are discipline that should be authorized by the disciplinary body and that CJP should monitor whether judges complete the corrective actions.
Description of Legislative Action
As of April 25, 2022, the Legislature has not taken any action in the 2021-22 Legislative Session to address this specific recommendation.
- Legislative Action Current As-of: April 2022
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of April 25, 2021, the Legislature has not taken action to address this specific recommendation.
AB 3363 (Salas, 2020) would have, in part, created in the Committee to Review the Operations and Structure of the Commission on Judicial Performance to study and make recommendations for changes in the CJP's operations and structure and provide a written report about its findings and recommendations to the Governor, CJP, and the California Supreme Court no later than March 30, 2022. The bill failed passage in the Senate.
- Legislative Action Current As-of: April 2021
California State Auditor's Assessment of Annual Follow-Up Status: No Action Taken
Description of Legislative Action
As of April 25, 2020, the Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: April 2020
California State Auditor's Assessment of 1-Year Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action during the 2019 Legislative Session to address this specific recommendation.
- Legislative Action Current As-of: October 2019
California State Auditor's Assessment of 6-Month Status: No Action Taken
Description of Legislative Action
The Legislature has not taken action to address this specific recommendation.
- Legislative Action Current As-of: July 2019