California Chief Justice: Release Harassment Records Against Judges

California Chief Justice: Release Harassment Records Against JudgesCalling for a change to court rules on public records, California Chief Justice Tani Cantil-Sakauye said on April 10, 2018 that she wants state courts to disclose the names of all judges who enter into settlement agreements that resolve sexual harassment or sexual discrimination complaints.

According to a statement, Justice Cantil-Sakauye has created a five-member group to draft amendments to the Rule of Court 10.500 to make it clear that all levels of the California court system would be required to make public the names of judges and clerks involved in any sexual harassment settlements. The five members are Justice Marsha G. Slough, Judge Stacy Boulware-Eurie, Judge Kyle S. Brodie, and attorneys Gretchen Nelson and Rachel W. Hill.

The current rule allows courts not to disclose records of “investigations of justices, judges (including temporary and assigned judges), subordinate judicial officers, and applicants or candidates for judicial office.”

The changes would have to go through the council’s Rules and Projects Committee, chaired by California Court of Appeal Justice Harry E. Hull Jr., before the full council votes on it.

“Judicial independence relies in part on judicial accountability,” she said. “The judiciary relies on the trust and confidence of the public it serves, and the public has a right to know how the judicial branch spends taxpayer funds.”

Public’s right to know

Cantil-Sakauye’s statement comes on the heels of the discovery that the Judicial Council has paid nearly $600,000 since 2011 to settle sexual harassment complaints involving judges and court employees. At the time, the council said it couldn’t reveal the identities of the parties because of attorney-client privilege and other legal and ethical obligations.

This is in contrast to the state Legislature which, when pressured by media, released their information about sexual harassment claims and settlements. However, Cantil-Sakauye’s request may go further than that. She also wants transparency regarding sexual discrimination claims, which can be a separate area of law and cover a different area of conduct, and there may be more claims of discrimination than harassment.

She is calling for an expedited process in adopting the new rule, and this could happen relatively quickly. The last time Justice Cantil-Sakauye asked for an expedited rule, regarding traffic tickets fines and fees, it took only 20 days.

Sexual harassment on the job is not just wrong  it’s illegal. Filing a claim for harassment can be daunting, but the Los Angeles attorneys at Taylor & Ring are here to help. We have years of experience and can answer all of your questions. Call us today at 310.776.6390 or complete our contact form to schedule a consultation.