California disconnect over judicial misconduct findings

The California Division of Workers’ Compensation and an advisory committee tasked with monitoring judicial misconduct are at odds over the results of investigations conducted in 2024.

According to a report the DWC released Tuesday, investigations conducted by the Workers’ Compensation Ethics Advisory Committee in 2024 identified three instances of judicial misconduct.

But on the same day, a spokesman for the DWC said investigations conducted by the committee in 2024 didn’t identify any actual misconduct, contradicting the findings in the report.

The committee received 28 new complaints in 2024, three-quarters of which were filed by unrepresented injured workers. Claimants represented by an attorney filed two complaints, and applicants’ attorneys also filed two. A defense attorney, a hearing representative and a lien claimant each filed one complaint.

Three of the complaints were filed after the committee’s final meeting of 2024. It considered 25 of the complaints filed last year and resolved 22 of them. It also considered and resolved three complaints that were pending from 2023.

“Of the 25 resolved complaints, three resulted in findings of judicial misconduct,” the report says.

According to the report, 10 complaints alleged bias or an appearance of bias, and six alleged that judges failed to display appropriate decorum. Four complaints were categorized as alleging that a decision was improperly delayed, false salary affidavits were submitted or the case involved some sort of fraud.

Three more alleged on-bench abuse of authority in the performance of judicial duties, while two alleged a failure to ensure rights and two alleged improper ex parte communications. Finally, one complaint alleged that a judge abused either the contempt process or sanctions.

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