Friday, July 18, 2014

Sacramento Superior Court Conflict of Interest Law Violations: Supreme Court Committee Confirms Systemic Judge Pro Tem Conflict Disclosure Violations

Judges Continuing Failure To Disclose Judge Pro Tem Conflicts Violates Supreme Court Committee on Judicial Ethics Opinions Directive


In May, 2013 Sacramento Family Court News reported that family court judges were violating state law by failing to disclose to opposing parties when a judge pro tem represents a client in court.  The violations remain ongoing. 
An attorney and Sacramento Family Court News reader provided the California Supreme Court Committee on Judicial Ethics Opinions Formal Opinion embedded at the bottom of this post. The opinion provides yet another legal reference specifying that family court judges must disclose potential conflicts of interest on the record. At court hearings where no court reporter is present, the disclosure must be in writing, according to the CJEO.

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A May, 2013 Sacramento Family Court News investigative report provided the legal authority, including Judicial Ethics Updates and Ethics Opinions from the California Judges Association requiring judges to disclose to opposing parties and attorneys when a judge pro tem attorney represents a client in court. As SFCN reported at that time, in violation of state law family court judges were failing to make the required disclosure. The violations remain ongoing, and hundreds of cases are tainted by the error. Sacramento County Superior Court Presiding Judge Robert Hight is responsible for the oversight of temporary judges, according to the CJA, the Code of Judicial Ethics and other authority. Click here to view our 2013 report.

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