Monday, September 24, 2012

Orange County CA Judicial Misconduct Tracker

Posted By CotoBlogzz 

We are looking into allegations of judicial misconduct in the Orange County California Small Claims Court system.

So far, we know that the California Commission on Judicial Performance, the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges gets some 1,100 complaints per year with some 5% of judges being disciplined.

These figures seem to track the ones Published by the California Bar

When you consider that just the OCDA processes more than 100,000 case per year, with a 95% or so conviction rate, a logical conclusion may be that judicial misconduct is a non- issue.

However, the commission's approach is reactive- it waits until complaints are lodged. Often, those victimized by judges give up on the system - which is why we are looking at a more proactive approach

 We argue that a more proactive approach is required, sort of like a voting record tracker for legislators, particularly when we are starting to see a trend, where certain judges tend to side with HOAs much more often than with residents.  We already have a tool to compare and contrast the efficiency of various law enforcement agencies in Orange County, for example

We are in the process of acquiring the data to build a judicial performance tracker for the Orange County Small Claims Court, which can then be used as a model nationwide.

If you have had positive and negative experiences with the Orange County Small Claims Court system please let us know.


Back on December 12, 2011 my wife was hauled into small claims court by the Dove Canyon HOA via Seabreeze Mgmt. to answer their complaint that she owed them $5,000 in back dues and fees. 

When the case was called before the judge I handed him the law stating that a HOA could not file a lawsuit against anybody unless they first gave them an opportunity to try and resolve their dispute under what is called either an Internal Dispute Resolution (IDR) or an Alternative Dispute Resolution (ADR) process with the Association

Alleged Judicial Misconduct: Is Small Claims the right venue to settle HOA disputes?

Alleged Judicial Misconduct: Is Small Claims the right venue to settle  HOA disputes? The jury is still out in Orange County, CA 

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Coto de Caza, CA – while most pundits speculated over what the Supreme Court would do about the individual mandate included in the ObamaCare legislation, most also warned not to read too much into the Justices’ line of questioning.  Most of the pundits were right on the latter, wrong on the fate of the individual mandate.

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