Lawyers privileged to practice before the Superior Court in and for Sacramento County are blessed to appear before an excellent Superior Court Bench. Excellent, yes - perfect, no. The later observation is the reason for the existence of the Sacramento County Bar Association's JUDICIAL REVIEW COMMITTEE.

One of the Bar's standing committees, our mission statement is: "Respond(s) to complaints of attorneys to specific judges". Our committee is composed of eighteen practitioners who regularly appear before the members of our court.

If you, as a practicing attorney, honestly believe a judge has acted in an unethical or significantly inappropriate matter, or you and or your client have received discourteous, unprofessional or discriminatory treatment, particularly on more than one occasion, from a specific judge, there is recourse.

The Process: Report the act, error, or omission to myself, as chair of the committee or to any other member of the committee. A written statement and interview are required. Upon receipt, a meeting will be called; your complaint will be stated and discussed. If it is deemed "actionable" by a majority of the members of the committee present, a subcommittee will be formed.

The subcommittee will proceed to conduct an investigation into the complaint. The investigation is confidential; your identification will not be disclosed without your prior approval. You will be interviewed to further amplify the nature of your grievance. If you know of others who have received like treatment, they will be interviewed. Any witnesses to your incident(s) will be interviewed.

Upon completion of the investigation, the committee will reconvene. If you so choose, or if the committee deems it necessary to a full and complete hearing, you may be asked to address the committee in person. We will receive a report of the subcommittee, discuss their findings and recommendation. A specific course of action will be adopted. That may be:

a) a decision that no action need be taken,

b) a decision that the specific judge needs to be confronted with the problem, or

c) a change is needed within the Court generally or within a particular segment of the bench, i.e. criminal departments, civil departments, probate and/or juvenile court.

You will be advised of the recommendation and proposed course of action. I, as committee chair, along with one or more members of the subcommittee conducting the investigation will then have a meeting with the Presiding Judge of the Court. We will advise, again in an anonymous fashion, of the nature of the complaint and identify the judge involved. We will discuss the subcommittee investigation findings and our committee's recommendation with the Presiding Judge. It is not all that uncommon that the Presiding Judge will already be aware of the "problem" with a specific judge from other reported incidents.

With the Presiding Judge's consent, the subcommittee will make an appointment with the judge in question; discuss the nature of the problem, the investigation findings and remedial recommendation( s), if any. Having as experience 15 years on the committee with the last 12 years as chair, I am pleased to report that the vast majority of situations resolve to the satisfaction of the aggrieved attorney and the involved member of the Superior Court Bench.

This is NOT a vehicle to carry out or advance personal vendettas. The goal is to improve the administration of justice by and through a fair and impartial judiciary in an ethical professional partnership with the members of the Bar. You are invited to contact me should you wish more information on the committee, its function, or if you would like to be a member.

For further information, please contact Committee Chair Philip R. Birney, of Wilke, Fleury, Hoffelt, Gould & Birney, LLP, by phone at 916-441-2430, by fax at 916-442-6664, or by email at pbirney@wilkefleury.com

March / April 2006