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CJP Boosts Value of Gifts Judges May Accept
By a MetNews Staff Writer
California judges may now annually accept gifts from a single source valued at $560—a $30 hike—under a change made Friday based on the rising cost of living.
The announcement was made by the Commission on Judicial Performance (“CJP”) which also told of its rejection of two proposals by the California Judges Association (“CJA”).
Code of Civil Procedure §170.9(a), enacted in 1994, provides that “[a] judge shall not accept gifts from a single source in a calendar year with a total value of more than two hundred fifty dollars ($250), but subd. (d) says:
“The gift limitation amounts in this section shall be adjusted biennially by the Commission on Judicial Performance to reflect changes in the Consumer Price Index, rounded to the nearest ten dollars ($10).”
On its website, the commission explained:
“The gift limitation amount in that statute is adjusted biennially by the commission to reflect changes in the Consumer Price Index….The gift limitation amount will be adjusted again in 2027 when the annual Consumer Price Index becomes available.”
CJA Proposals
The CJP explained on Friday why it is declining to put out for public comment two CJA suggestions.
The CJA contends that a tentative advisory letter, private admonishment, or public admonishment should include “a specific delineation of the facts the commission believes are undisputed,” but the commission pointed out:
“The commission does not include disputed facts in notices of tentative (or final) discipline. If a judge disputes any of the facts underlying an allegation that would be necessary to a finding of misconduct, the commission will omit the alleged misconduct from tentative discipline (though the commission may advise the judge that, should the judge demand formal proceedings, the alleged misconduct may be charged).”
It added:
“The commission determined, however, to explicitly include in notices of tentative discipline that the proposed statement of facts is based upon undisputed facts.”
Limiting New Evidence
The CJA sought a change to a commission rule limiting new evidence that may be presented by a judge at a formal hearing. The CJP responded:
“CJA’s proposed amendment which would allow a judge to present ‘any evidence or information, including new documents, letters, or witness statements” and “if the commission determines that any new evidence is material and merits additional investigation, the commission may investigate the new information before proceeding with its disposition pursuant to the appearance process’ would potentially open the door to an entirely new investigation after tentative discipline has issued, with no showing why the evidence was not presented during the preliminary investigation.”
The CJP on Friday also announced rules changes made the previous month It acted “to provide clarity” as to procedures for taking remote testimony, specified that allegations by attorney witnesses would remain confidential until they became part of the public record, and set the commission’s “regular business hours” as being from 8 a.m. to 5 p.m.
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