What is Wrong with the County Payments to Judges?
The counties are parties in cases before the judges. The judges are state elected officials whose compensation is set by the Legislature and paid by the state, not the counties. The counties also may reimburse the courts for the court’s payments to the judges. If the court is being reimbursed by the county, the court is illegally using county money to double pay the judge above the compensation set by the state legislature. Payments from parties to judges caused judges to lose their jobs* and were held to be bribes and to violate the “intangible right to honest services”**. In the 2008 case of Sturgeon v. County of Los Angeles, the California Court of Appeal held that the payments from Los Angeles County to state elected Superior Court judges which were called “local judicial benefits” violated Article VI, Section 19 of the California Constitution. In response to the Sturgeon case, a special law called SBX 2 11 jointly sponsored by the California Judicial Council and the California Judges Association was enacted on February 20, 2009. This gave the judges who received the illegal payments from the counties and the government officials who made the illegal payments retroactive immunity from criminal prosecution, civil liability and disciplinary action. It also required the counties making such payments to continue the payments made as of July 1, 2008, during the then current term of the judge. The last of those current terms expired in 2012. SBX 2 11 passed each chamber of the California Legislature by over a 2/3 vote, effectively “impeaching” and “convicting” the judges who received the county payments of “Misconduct in Office” under California Constitution, Article 4, Section 18. “Impeachment” and “conviction” required the judge’s removal from office. However, SBX 2… Read More
