Posted 3:41 PM by Creditwrench

Oklahoma House of Representatives
November 13, 2003


By MIKE W. RAY
House Media Division Director
OKLAHOMA CITY -- The agency that investigates complaints against state and municipal judges wants the Legislature to restore less than half of the appropriation that was cut from its budget this year.

The Council on Judicial Complaints seeks an appropriation of $282,599 for Fiscal Year 2005, an increase of $14,600, or 5.44 percent, from the allocation this year. Because of a marked decline in tax revenues, state lawmakers lowered the council's appropriation for FY 2004 by $33,682, to $267,999, an 11.2 percent reduction.

The additional funds requested next year are needed to reimburse council and staff members for travel expenses, to compensate a court reporter, and for mandatory training programs, council Director Eric Mitts told the House Appropriations Subcommittee on Public Safety and the Judiciary.

The council's job is to "efficiently and impartially" investigate complaints about the conduct of persons holding judicial
positions, and to determine if such complaints should "be made the subject of action before the Court on the Judiciary" or should be dismissed.

"Our function is to preserve the reputation and quality of the judiciary," Mitts said. Some 626 judges (254 state, 372 municipal) are under the jurisdiction of the Council on Judicial Complaints.

During the past five fiscal years the council had 3,578 "public contacts" that resulted in 843 complaints filed against judges, ledgers reflect. Complaints are lodged against a jurist for myriad reasons, Mitts related. "Nine times out of ten it involves conduct that occurred during a court proceeding." A common example, he said, is when a judge takes a matter "under advisement" and fails to rule on it within the time frame established by Supreme Court rules.

In the past five years the council dismissed 784 complaints, records show; only two judges were ousted from office during that period. "Very few" complaints result in formal charges being referred to the Court on the Judiciary, Mitts said. According to Mitts, research compiled by the American Adjudicature Society shows that nationally, 96 percent of all complaints against judges ultimately are dismissed.

Mitts told the chairman of the legislative subcommittee, Rep. Joe Dorman, D-Rush Springs, that on average about 15 cases a year require an extensive investigation to be conducted and testimony to be taken and transcribed.

"The public needs our entity," Mitts asserted. Often, in a divorce case, a criminal case or a probate matter, some people "feel like they've been mistreated." With the Council on Judicial Complaints, "They at least know someone independent of the judge has looked at the facts in their case."

"This is a perfect example of government accountability; people who feel they have been wronged by the courts have recourse," Dorman said later. "We have moved far beyond the court scandals of the 1960's in large part because of this council and its oversight."

The council has considered an average of about two dozen complaints at each of its meetings during the past three years, Mitts reported.

The council held 10 meetings in FY '99, a dozen meetings in FY 2000, nine in FY 2001, seven each in FY 2002 and 2003, but only four so far in FY 2004 because of its shrunken budget, Mitts said. In addition, he said, the council is borrowing resources from other agencies.

For example, the council shaved $2,000 in expenses by discontinuing its Internet account and instead getting dial-up service through the Office of State Finance at a nominal cost of $10 per month.

The state Office of Personnel Management "handles our payroll for us," and the Department of Central Services "handles our court reporter and our attorney contract and our office lease," Mitts said. The Council on Judicial Complaints shares quarters in Oklahoma City with the Oklahoma Bar Association, and uses the association's receptionist; in addition, when the council needs to refer to state statutes, "we walk across the hall" to the Bar Association's law library "and get whatever information
we need," Mitts said.

Rep. John Smaligo, R-Owasso, commended the council for its frugality but wondered, "Are there other savings that could be made?"

"Our base appropriation is lower than what we need to operate," Mitts replied. In fact, he said, for every $100 appropriated to state trial and appellate courts in Fiscal Year 2000, the Council on Judicial Complaints received barely over a nickel, and the council's share has since dropped to 4.5 cents this year.

"I want to make sure you have adequate resources," Rep. David Braddock, D-Altus, an attorney, told Mitts.
The agency has two full-time staff members (Mitts and an assistant), a contract attorney (J. Duke Logan of Vinita) and a contract court reporter. The three-member council is comprised of two lawyers and a lay person: Stilwell attorney Lloyd E. Cole, Jr., Hugo attorney Bob Rabon, and Claremore banker Jeffery Jensen.

Council members are appointed by the Speaker of the Oklahoma House of Representatives, the President Pro Tempore of the Oklahoma Senate, and by the Oklahoma Bar Association.
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