Kerr & Wagstaffe wins lawsuit for Commission on Judicial Performance

On December 19, 2017 the San Francisco Superior Court granted a complete victory to the firm’s client, the Commission on Judicial Performance, in its suit to stop Elaine Howle, the California State Auditor, for accessing its confidential records during the audit.  The Court recognized the longstanding confidentiality provided to complaints and investigations to the Commission, and the Commission’s constitutional power to determine which records of such complaints and investigations are confidential. The Court’s decision is here.  The State Auditor’s office has stated that it will appeal the decision.

Press links:

https://www.courthousenews.com/complaints-against-california-judges-can-remain-secret/

http://www.sfchronicle.com/bayarea/article/Judge-says-state-records-of-judicial-12445049.php

https://www.law.com/therecorder/sites/therecorder/2017/12/20/state-auditor-cant-pry-open-judicial-commissions-records-sf-judge/?slreturn=20171120151653

https://www.dailyjournal.com/articles/345372