Proposal would require disclosure of judges who reach settlements in harassment cases

The Judicial Council's Rules and Project Committee unanimously approved a proposal Thursday to require all state courts to disclose the names of judicial officers who reach settlement agreements to resolve sexual harassment and discrimination claims.

"The working group recommends this committee to amend rule 10.500 on access to judicial records to clarify that settlement agreements must be disclosed in response to records requests and the names of officers may not be redacted and produced with those requests," said Justice Marsha G. Slough of the 4th District Court of Appeal, who chaired the group.

Slough echoed sentiments by Chief Justice Tani G. Cantil-Sakauye last week that judicial independence relies on accountability.

Amendments to judicial administrative record procedures are required so the public can keep its judges accountable, and thus independent, she added.

"In 2018, we need to rebalance the protections within the rule to ensure that they do not undermine public trust and confidence in the judicial branch or access to information about how taxpayer funds are being spent," Cantil-Sakauye said in an emailed statement to the Daily Journal last week.

The amendment would apply to all levels of the state court system, including the Supreme Court, Court of Appeal, superior courts and the Judicial Council.

The proposal will be circulated for public comment until May 1. Then the Rules and Project Committee will hold another meeting to incorporate further amendments for the final report. The Judicial Council may vote on the proposal on May 24.

Harry E. Hull Jr., a 3rd District Court of Appeal justice who chairs the Judicial Council's Rules and Projects Committee, said there is a shortened period of three business days for public comment because Cantil-Sakauye requested that the committee expedite the process.

"We think given the importance of this rule, that those who have comments will have sufficient time to let Slough's working group know their thoughts," Hull said.

The mechanism for the disclosure of judicial officers' names will largely be up to the individual courts, according to Slough. The proposed amendment only includes language mandating disclosure in response to public records requests.

Slough was joined by Sacramento County Superior Court Judge Stacy Boulware-Eurie, San Bernardino County Superior Court Judge Kyle S. Brodie, and attorneys Gretchen Nelson of Nelson & Fraenkel LLP and Rachel W. Hill of the Law Offices of Rachel W. Hill in Fresno.