Adams v. Commission on Judicial Performance, S037475

• Decision Date: 31 October 1994
• Docket Number: No. S037475,S037475
• Citation: 882 P.2d 358,34 Cal.Rptr.2d 641,8 Cal.4th 630
• Court: California Supreme Court
• Parties: , 882 P.2d 358 G. Dennis ADAMS, Judge of the Superior Court, Petitioner, v. COMMISSION ON JUDICIAL PERFORMANCE, 1 Respondent.

Page 641

34 Cal.Rptr.2d 641

8 Cal.4th 630, 882 P.2d 358

G. Dennis ADAMS, Judge of the Superior Court, Petitioner, v. COMMISSION ON JUDICIAL PERFORMANCE, ¹ Respondent.

No. S037475.

Supreme Court of California.

Oct. 31, 1994.

Lewis, D'Amato, Brisbois & Bisgaard, Douglas R. Reynolds, James E. Friedhofer, Susan E. Leonard, Wingert, Grebing, Anello & Brubaker and Charles R. Grebing, San Diego, for petitioner.

Daniel E. Lungren, Atty. Gen., George Williamson, Chief Asst. Atty. Gen., Gary W. Schons, Asst. Atty. Gen., James D. Dutton and Laura Whitcomb Halgren, Deputy Attys. Gen., for respondent.

GEORGE, Associate Justice.

An impartial and independent judiciary is indispensable to our legal system. Of equal importance is public confidence in the independence and integrity of the judiciary, because the effective functioning of our legal system is dependent upon the public's willingness to accept the judgments and rulings of the courts. (Cal.Code Jud. Conduct, com. to canon 1.) ² As a consequence, California judges must act in accordance with high standards of conduct that foster the utmost trust of the public.

In 1960, as a means of attempting to meet the public's expectations with regard to a fair and impartial judiciary, and in order to enforce rigorous standards of judicial conduct, California established the first permanent state judicial disciplinary commission in the nation, the Commission on Judicial Performance (hereafter the Commission). (See Cal. Const., art. VI, § 8; ³ Shaman & Begue, Silence Isn't Always Golden: Reassessing Confidentiality in the Judicial Disciplinary Process (1985) 58 Temple L.Q. 755, 756 [hereafter Silence Isn't Always Golden ].) An independent state agency, the Commission is authorized to investigate complaints of judicial misconduct and other conduct prejudicial to the administration of justice, to file formal charges, to hold adjudicative hearings and make findings, to order less serious discipline on its own authority, and to recommend the imposition of more serious discipline--including removal from office--by this court. (Art. VI, § 18.) In its 1993 Annual Report, the Commission recognized that "[t]he importance of providing a forum for complaints about judicial misconduct cannot be overestimated in terms of public confidence in the judiciary." (Com. on Jud. Performance, Ann.Rep. (1993) p. 4.)

Prior to November 1988, proceedings before the Commission relating to judicial performance remained confidential unless, and until, charges were filed with this court. Thus, public scrutiny of a judicial disciplinary proceeding occurred only when the Commission recommended serious discipline and the proceeding reached the final stage of review in this court. ⁴

In November 1988, however, the voters of this state approved a legislative resolution pursuant to article XVIII, sections 1, 4--designated on the ballot as Proposition 92--that amended the provisions of the California Constitution relating to the judicial disciplinary process. Based upon the determination that, under appropriate circumstances, public scrutiny of the initial stages of a judicial disciplinary proceeding before the Commission is necessary and warranted in order to maintain public confidence in the judiciary, the constitutional amendment authorized the Commission to open its hearings to the public "in the event charges involve moral turpitude, dishonesty, or corruption...." (Art. VI, § 18, subd. (f)(3).)

The present proceeding arises from the Commission's exercise of its authority to open a judicial disciplinary hearing to the public pursuant to the 1988 constitutional amendment. On December 10, 1992, following an extensive preliminary investigation (Cal.Rules of Court, rule 904.2) ⁵ that generated substantial publicity in the local media as well as in legal journals, ⁶ the Commission filed a notice of formal proceedings, charging Judge G. Dennis Adams of the San Diego County Superior Court (hereafter petitioner) with willful misconduct in office and conduct prejudicial to the administration of justice that brings the judicial office into disrepute. (Art. VI, § 18, subd. (c).) Petitioner filed an answer denying the charges. On May 10, 1993, the Commission filed an amended notice of formal proceedings, and the judge answered, again denying the charges. Thereafter, the Commission concluded that counts 1 and 2 of the formal charges involved moral turpitude and corruption and that count 4 of the formal charges involved moral turpitude, corruption, and dishonesty, and that opening to the public the hearing on the charges would serve to maintain public confidence in the judiciary and would further the interests of justice. (Art. VI, § 18, subd. (f)(3); rule 907.2(c).) On these grounds, the Commission determined to open the hearing, notified the parties of its decision, and scheduled a press release.

In response, petitioner filed in this court, in the first instance, a petition for writ of mandate (or other appropriate relief), seeking to stay issuance of the press release and to maintain the confidentiality of the proceedings before the Commission. In his petition, he challenged, among other matters, the determination of the Commission that several of the charges alleged against him involved moral turpitude, dishonesty, or corruption. On August 12, 1993, we transferred the matter to the Court of Appeal, Fourth Appellate District, and ordered that the Commission maintain the confidentiality of the proceedings, and that the record remain sealed, during the pendency of the proceedings in the Court of Appeal. ⁷

In August 1993, the Court of Appeal issued an order to show cause, subsequently filing an unpublished, confidential opinion, in which the court, in a two-to-one decision, granted in part and denied in part the relief sought by petitioner. The majority in the Court of Appeal construed the term "involve," in the context of the phrase "involve moral turpitude, dishonesty, or corruption" in article VI, section 18, subdivision (f)(3), to mean necessarily involve such behavior. The appellate court also concluded that if some, but not all, of the charges necessarily involved moral turpitude, dishonesty, or corruption, equal protection principles dictate that the Commission may open the hearing only on the charges that meet such criteria and must maintain the confidentiality of the proceedings relating to the charges that do not meet the criteria. Finally, the appellate court determined that certain charges alleged in counts 1 and 4 of the notice of formal proceedings necessarily involved moral turpitude, corruption, or dishonesty, but that the remaining charges did not meet the criteria, and that hearings on these other charges therefore should remain confidential.

Both petitioner and the Commission sought review of the decision of the Court of Appeal, challenging in a variety of respects the conclusions reached by the Court of Appeal. We granted the petitions for review filed by both parties. ⁸

Petitioner contends that: (1) article VI, section 18, subdivision (f)(3), and rule 907.2(c), which authorize the Commission to open to the public a hearing on charges relating to judicial performance if certain criteria are met, violate the doctrines of separation of powers underarticle III, section 3, and judicial powers under article VI, section 1; (2) the adoption of article VI, section 18, subdivision (f)(3), in Proposition 92, did not repeal or vitiate section 18, subdivision (h) (former subd. (f)), which assertedly mandates confidentiality of hearings on judicial performance; (3) in determining whether to open to the public the hearing on charges relating to judicial performance, the Commission must consider not only the formal written charges, but also the evidence supporting the defenses asserted by a judge in response to the charges; (4) the distinction drawn under section 18, subdivision (f)(3), between judges facing charges involving moral turpitude, dishonesty, or corruption, and judges charged with misconduct that does not fall within that category, violates constitutional guarantees of equal protection of the laws; (5)rule 907.2(c), permitting an open hearing on all the charges of judicial misconduct if any of the charges meet the constitutional criteria, violates equal protection guarantees, and therefore should be declared void; and (6) none of the charges filed against petitioner involved moral turpitude, dishonesty, or corruption.

The Commission, in turn, contends that: (1) charges of misconduct that "involve moral turpitude, dishonesty, or corruption," under article VI, section 18, subdivision (f)(3), should be construed to signify charges that may prove to involve, rather than "necessarily" involve, moral turpitude, dishonesty, or corruption; (2) when a judge is charged with numerous acts of judicial misconduct, some (but not all) of which involve moral turpitude, dishonesty, or corruption, article VI, section 18, subdivision (f)(3), as implemented by rule 907.2(c), properly permits an open hearing on all the charges; and (3)the Commission properly determined that counts 1 and 2 of the formal charges involved moral turpitude and corruption, and that count 4 of the formal charges involved moral turpitude, dishonesty, and corruption.

After reviewing the substance of the charges against petitioner, we shall turn to the numerous legal issues raised by the parties.

I

A. The charges.

The amended notice of formal proceedings (hereafter sometimes referred to as the notice) charged petitioner with willful misconduct in office and conduct prejudicial to the administration of justice that brings the judicial office into disrepute, within the meaning of article VI, section 18, subdivision (c), based upon the following allegations:

Count 1: Petitioner received substantial financial benefits in the form of discounts and favorable prices for the purchase of automobiles and repairs from James Williams,...