JUDICIAL WATCH VICTORY: Court of Appeal Rules Judicial Double Dipping Scheme Violates California Constitution

On October 10th, Judicial Watch earned another major victory against government waste, fraud, and abuse that could ultimately save Los Angeles taxpayers $21 million annually.

Last Friday, the California Court of Appeals ruled JD PDF that a scheme by Los Angeles County to pay superior court judges in the county approximately $21 million annually in perks and benefits on top of what they already receive from the state violates the California State Constitution. You may recall that Judicial Watch filed a taxpayer JD ORG lawsuit in April 2006 challenging the legality of the extra compensation. With its decision the appellate court reversed a lower court that had ruled in favor of Los Angeles County.

Here's an excerpt from the 37-page decision issued by Associate Justice Patricia Benke:

http://www.judicialwatch.org/documents/ ... ruling.pdf

"Section 19, article VI of the California Constitution requires that the Legislature 'prescribe compensation for judges of courts of record.' The duty to prescribe judicial compensation is not delegable. Thus the practice of the County of Los Angeles (the county) providing Los Angeles County superior court judges with employment benefits, in addition to the compensation prescribed by the Legislature, is not permissible. Accordingly, we must reverse an order granting summary judgment in favor of the county in an action brought by a taxpayer who challenged the validity of the benefits the county provides to its superior court judges."

This decision could put to an end a Los Angeles County scheme that has been going on for more than a decade. Since 1998, Los Angeles County has continued to provide at least $120 million in taxpayer funded perks and supplemental benefits to judges in the county despite the California Constitution's clear mandate that only the legislature can set the level of compensation received by judges. This is a colossal waste of taxpayer funds.

Here's just one example to make the point: In 2007 Los Angeles County provided the judges with cash allowances equal to 19% of the salary they received from the state. With this allowance, judges could either purchase additional health, life, disability and other benefits from the county's MegaFlex benefits plan on a pre-tax basis or keep the cash as taxable income.

Overall, each superior court judge was eligible to receive $46,436 in supplemental compensation from Los Angeles County, an additional 27% of the salary received from the state, for a total cost of $21 million in fiscal year 2007 alone.

This case went to the integrity of the court system. Plainly, judges should not take money in violation of a state's constitution.

Congratulations go to Judicial Watch Litigation Director Paul J. Orfanedes and Judicial Watch's senior California attorney Sterling "Ernie" Norris, who jointly handled the Sturgeon litigation.

If you would like more information on this case, click here.