Sacramento Superior Court Misconduct: Court Employees Protected by State Whistleblower Law

Whistleblower Protection Act Shields Court Employees From Retaliation for Reporting Misconduct  

California State Auditor Whistleblower Hotline

Several family court users have asked Sacramento Family Court News to update our September, 2011 article about the expansion of the California Whistleblower Protection Act. 

At that time, the Act was revised to protect from retaliation court employees who report misconduct by judges or co-workers, including violations of the California Rules of Court. 

The 2011 law designates a violation of state court rules as an improper governmental activity, in the same category of misconduct as corruption, malfeasance, bribery, theft of government property, fraud, coercion, willful omission to perform duty, and similar types of misconduct. 

Court watchdogs allege that in Sacramento Family Court, a number of state court rules are routinely ignored by judges and court clerks. We're investigating the allegations, and will report our findings in the near future. We've also had reports that courtroom bailiffs are not enforcing the law, which one national family court website has documented is a common problem. Familylawcourts.com notes that some bailiffs act as "judicial puppets," and has called for bailiff education. 

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Family Court Sacramento - State Law Now Protects Court Employee Whistleblowers

New Law Designates Court Rule Violations as Improper Governmental Activity, Protects Court Employees From Retaliation  

California State Auditor 
Whistleblower Hotline

Governor Jerry Brown yesterday signed into law Assembly Bill 1102. The bill updated and revised a number of Government Code statutes designating the functions and powers of the California State Auditor. In addition, a violation of a California Rule of Court by a state or court employee is now classified as an improper governmental activity equal to corruption, malfeasance, bribery, theft of government property, fraud, coercion, willful omission to perform duty, and similar types of misconduct.

The Supreme Court, Courts of Appeal, superior courts and Administrative Office of the Courts are now included in the California Whistleblower Protection Act "state agency" definition. Among other ramifications, the revised definition ensures that the protections of the Act extend to court employees. Under the Act, state employees who make complaints about improper governmental activities are protected from retaliation. Retaliation includes intimidation, the denial of appointment or promotion, a threat of adverse action, a poor performance evaluation, involuntary transfer, or any form of disciplinary action.

Court employees can report improper governmental activities to the State Auditor using the Whistleblower Hotline, by mail, or using an electronic form at the State Auditor website. Under a variety of state statutes, rules, and regulations, state employees who fail to report misconduct may themselves be guilty of misconduct and subject to discipline, job termination, or criminal prosecution. Employee conduct standards include Article 20 of the California Constitution, California Rules of Court rules 10.16, 10.17, and 10.670 and the Court Employee Code of Ethics. 

Court employees may be subject to criminal prosecution under several statutes, including Penal Code sections 470(c) and 470(d), which prohibit altering, corrupting, or falsifying documents. Failing to report a co-worker engaged in criminal conduct may expose a court employee to the same criminal prosecution as an accessory, for aiding and abetting, conspiracy, or under the natural and probable consequences doctrine.   
For the complete California Whistleblower Protection Act, click here.