Report 2016-137 Recommendation 5 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 #5 To: Commission on Judicial Performance

To ensure that it adequately investigates alleged judicial misconduct, by April 2020 CJP should create and fill a new investigations manager position and task that individual with reviewing and approving investigative strategies, as well as overseeing the execution of those strategies.

Annual Follow-Up Agency Response From October 2020

CJP fully implemented this recommendation. CJP was not able to create and fill the investigations manager position until funding for the position was included in its budget. That funding was included in CJP's budget, beginning in fiscal year 2020-2021. CJP created and filled this position in July 2020. Among other duties, the investigations manager is tasked with reviewing and approving investigative strategies, as well as overseeing the execution of those strategies.

Completion Date: July 2020

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

We are rating this recommendation as fully implemented based on CJP creating and filling a new investigations manager position.

1-Year Agency Response

The budget for an investigations manager position would amount to approximately $265,000. The budget efficiencies, identified in the audit report, that CJP could possibly implement this fiscal year amount to $52,000, at most. CJP anticipates that it will return zero dollars to the General Fund this fiscal year (2019-20). CJP returned zero dollars to the General Fund in fiscal year 2018-19. The prior fiscal year (2017-18), CJP returned $7,000 to the General Fund. Almost 90% of the budget efficiencies that the audit report identifies rely on CJP relocating its offices. There are statutory and practical constraints on CJP's ability to move its offices, and such savings are not achievable this fiscal year. Moreover, in the near term, any savings from lower rent would be more than offset by the cost of tenant improvements for a new office and by the cost of moving to the new office.

In addition, there are no other possible savings that would permit CJP to hire for an investigations manager position without a budget increase.

Estimated Completion Date: January 2021 (or later)
Response Date: April 2020

California State Auditor's Assessment of 1-Year Status: Partially Implemented

On June 29, 2020 the Governor signed the Budget Act of 2020 which allocated additional funding to CJP so it could hire an investigations manager. This recommendation will be fully implemented after we verify that CJP has filled the position and tasked that individual with reviewing and approving investigative strategies, as well as overseeing the execution of those strategies.

6-Month Agency Response

CJP intends to complete this recommendation when the funding recommended by the audit report is allocated to its budget. Without additional funds allocated to its budget, CJP will not be able to fund this position through "budget efficiencies," or otherwise. The budget for an investigations manager position would amount to approximately $265,000. The budget efficiencies, identified in the audit report, that CJP could possibly implement this fiscal year amount to $52,000, at most. CJP returned zero dollars to the General Fund in fiscal year 2018-19. The prior fiscal year, CJP returned $7,000 to the General Fund. Almost 90% of the budget efficiencies that the audit report identifies rely on CJP relocating its offices. There are statutory and practical constraints on CJP's ability to move its offices, and such savings are not achievable this fiscal year. Moreover, in the near term, any savings from lower rent would be offset by the cost of tenant improvements for a new office and by the cost of moving to the new office.

In addition, there are no other possible savings that would permit CJP to hire for an investigations manager position without a budget increase.

Estimated Completion Date: October 2020 (or later)
Response Date: October 2019

California State Auditor's Assessment of 6-Month Status: Pending

As stated in our 60-Day assessment, we remain concerned that CJP did not work with the Legislature to obtain a budget increase so it could hire an investigations supervisor. This is an important recommendation that aims to improve CJP's investigations into judicial misconduct.

60-Day Agency Response

CJP intends to complete this recommendation when the funding recommended by the Audit Report is allocated to its budget.

Estimated Completion Date: April 2020 (or later)
Response Date: June 2019

California State Auditor's Assessment of 60-Day Status: Pending

CJP did not work with the Legislature to obtain a budget increase so it could hire an investigations supervisor. CJP indicated that it did not approach the Legislature about this funding until after the Governor released his revised budget in May 2019. CJP reported to us that at that time, a legislative staff member directed it to work with the Department of Finance to pursue these funds through the budget change proposal process, which CJP plans to do. However, CJP did not indicate to us that it took any significant steps through the budget process to alert the Legislature to the results of the audit and the need for additional funding.

As it pursues additional funding, it will be important for CJP to identify budget efficiencies, like those we identify in our audit report. This will assist CJP in moving toward establishing an investigative manager position even if it does not successfully obtain additional funding.

All Recommendations in 2016-137

Agency responses received are posted verbatim.