Tuesday, November 22, 2016

State Auditor Files Response to CJP Lawsuit Trying to Block Legislature Ordered Audit of Judge Oversight Agency

"I don't know what they are afraid of." Attorney Myron Moskovitz

From the Daily Journal:
CJP Chief Counsel Victoria B. Henley Judicial Performance Commission California - U.S. Department of Justice – Civil Rights Division – Civil Division - Criminal Division - Office for Access to Justice – Antitrust Division – Office of the Inspector General – Office of Professional Responsibility – Office of Privacy and Civil Liberties – Office for Victims of Crimes – Civil RICO – Meet the U.S. Attorney – The United States Department of Justice 950 Pennsylvania Avenue, NW  Washington, DC 20530 - California Supreme Court Justice Tani Cantil-Sakauye, Justice Ming Chin, Justice Kathryn Werdegar, Justice Carol Corrigan, Justice Mariano Cuellar, Justice Leondra Kruger, Justice Goodwin Liu Supreme Court of California – US Court of Appeals for the Ninth Circuit Judge Sidney Runyan Thomas, Judge Steven Reinhardt, Judge Alex Kozinski, Judge William Fletcher, Judge Richard Paez, Judge Marsha Berzon, Judge Consuelo Maria Callahan, Judge Carlos Bea, Judge Michelle Friedland, Judge Alfred Goodwin, Judge John Noonan 9th Circuit Court of Appeals – California Commission on Judicial Performance Victoria Henley Director – California Judicial Council

Attorneys for the California State Auditor submitted a response Monday to a writ filed last month by the Commission on Judicial Performance challenging the auditor's jurisdiction.
The CJP sued Auditor Elaine M. Howle in San Francisco Superior Court in October, seeking to limit the scope of an audit ordered by the Legislature in August. The CJP is the state agency that investigates and disciplines judges charged with misconduct...

Myron Moskovitz, who represents Howle, said the CJP's arguments seek to sidestop decades of well-established law around the auditor's office and its functions.
"After they see the answer, if they still want to go to trial we will," said Moskovitz, legal director of the Moskovitz Appellate Team in Piedmont. "I don't know why they would want to. I don't think they have much of a case...
"This is the first time anyone has ever complained about their right to audit a public agency that gets public money and is supposed to serve the public," explained Moskovitz. "I don't know what they are afraid of."
The controversial lawsuit against the auditor was ordered by CJP Director Victoria Henley and reportedly will cost the public north of six figures. Henley is paid $194,000 per year by California taxpayers.

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