Yubanet posted this letter from retired judges urging citizens to reject the recall petition of Judge Julie McManus, an opinion that also was expressed here.
Here’s the letter:
By: Judge Carl F. Bryan II, Judge Albert P. Dover (retired)
March 8, 2012 – This week backers of a petition to recall Judge Julie A. McManus were on the streets asking people to sign up.
Reasonable people can certainly believe that if a judge is disabled and cannot serve, that they should be removed from office.
The recall petition is a bad idea because Judge McManus has already removed herself from the bench as a result of her disability. Her request for disability retirement has been pending for several months and will likely be instituted well before the 9,400 signatures required to recall can be gathered.
This recall would have no effect on the disability retirement sought by Judge McManus.
The recall petition is a bad idea because if the petitioners prevail, the special election they seek would cost Nevada County taxpayers about $200,000.
In the normal course of events, the Governor will simply appoint a new judge after her retirement process is completed. That new judge would have to run in elections thereafter.
Some people just want to hurt Judge McManus personally and the recall petition is their vehicle to do so.
Joining such a hurtful enterprise is also a bad reason upon which to sign the petition.
The rest of the letter is here.
Filed under: Uncategorized
$200k for this when she’s leaving anyhow?
Are these people just stupid? This is both your and my money, and I sure don’t want MY money wasted like this.
Ah come on Brad, its not about the process or the taxpayers, its about revenge (and power)!
Can we recall people in our community then at the same time?
We could do them both at once, and do a double-whammy! LOL!!!
Now you know why we have major shortfalls in state, county, and city budgets. This kind of crap goes on all the time.
“March 8, 2012 – This week backers of a petition to recall Judge Julie A. McManus were on the streets asking people to sign up.”
Really?!? Where?!?
It’s about denying Jerry Brown from filling the slot. They know that incumbancy is harder to beat in a general election.
Bob:
As usual, you have correctly nailed the motive behind the headline.
BTW: Been enjoying your blog –– good for you. The greater the distribution of news and opinions, the better.
Another “Shifter” — this one an “Ex-Pat Shifter.” LOL.
Of course, this recall is not about doing the proper and ethical thing, IMHO. HATERED from far right, who talks a good game about saving government money, when this costs over 200k, if I got the facts right??? Give us a break. Oh, that happens in November when far right pays for thier political sins. I could be wrong but I don’t think so.
I am still unclear as to why Judge McManus is on leave.
If she were injured in a courthouse or courtroom as part of her job, or if she were in an accident for which she was not to blame, then I could understand the paid leave of absence.
So far the press has not been explicit, leading many to believe that the judge was injured at her home and was possibly impaired at the time of her fall.
Does anyone know? Because if this is the case, then we citizens should not have to pay for it.
Judges spend a lot of time stressing the importance of personal responsibility. They ought to have to live by their own rules.
Pretty simple really.
Jeff had a background piece on Dec. 17 2011-
http://sierrafoothillsreport.com/2011/12/17/what-and-whos-behind-the-possible-recall-of-our-superior-court-judges/
And March 12 2011
http://sierrafoothillsreport.com/2011/12/22/judge-mcmanus-files-for-retirement/
Could it be a person will run (again?) no matter the past beating, if McClintock tellls them to run???
Too cinical?
Headlines again in the Union – Recall of McManus moves forward.
For me, it’s been an eye opener to see not only the recall McManus vindictiveness, but with the Limbaugh issue I now see the Cabpro, Russ Steele, Rebane group for what they really are- sad.
Do you remember Michael Moore’s sister who took on the Public Defenders for not doing their job? She was wonderful. Do you recall that the gov lawyers ran an ad defending the Public Defenders? Some people thought it was a conflict of interest. There wouldn’t be any problem if Judge McManus kept her word and retired now. What I would like to see are the entire figures. My understanding is that it costs $715.15 per day for another judge to fill in for her. She’s been absent for a year. Isn’t she paid something also even though she’s on medical leave? The big question is “Will she really retire, or hang on until 2014 so she can receive more money than she would with a disability retirement now. Paying for her medical leave plus $715.15 per day is a pretty big double digit load for someone who has been off the job for a year. If all concerned are really interested in saving money, the only thing that sincerely needs to completed is the disability retirement. What’s the delay?
Given I was permanently disabled after an injury at work, I can say unequivocally that ANY CALPERS covered employee who is processed for a disability retirement best be prepared for a wait for approval of YEARS. NORMALLY they draw normal retirement while the disability claim is processed. Soooo slow they even have a special unit for terminally ill disabled folks. That said, don’t blame the judge. Blame those who beat the drum for less goverment employees, who handle the workload that grows and grows while employees are cut, demoted. Have hours cut, and with lower salaries due to cuts, you ate not getting the cream of the crop even applying for State jobs. Thank a right wing budget hawk. Thier cut, cut, cut mantra has consequences they now, in this apparent case, is impacting a persons disability retirement. Nasty. More to come, I would bet.
It amazes me that people see the recall as vindictive. The move to recall McManus began before she filed her request for disability retirement on Dec 15th. The estimate for cost has NOT been confirmed by CURRENT elections officials. A FORMER clerk recorder, Burce Bolinger estimated the cost to be $100,000 for a special election and even if enough signatures were gathered in time for the November elections there would be added printing cost. Really? That much to add a name to ballots that will be made for November elections anyway? If her disability retirement claim is approved she will be replaced by a Gubernatorial appointment as soon as the retirement is granted by the committee that grants judicial appointments. This committee is its own little entity, not part of AOC or Judicial Council, and is not accountable if it takes many months to grant a retirement, and everyone including the judge who has applied for retirement is kept in the dark during the process. As stated by Linda Eckerman: “They are not trying to beat a dead horse. There’s a concern that she won’t really retire. She’s been out for a year now–that’s a long time. The recall is going to keep happening until there is concrete proof that McManus is retiring.”
While we are all waiting, Judge York, retired, continues to preside in Nevada County courtrooms, at a cost to taxpayers of $715.15 every day she is there. Further, she is not held accountable for her own actions at any time. The Administrative Office of the Courts (“AOC”), which is supposed to be the agency overseeing California judges’ competence and adherence to judicial standards, states that retired judges are not under their jurisdiction. Whose jurisdiction are they under? Apparently they are not subject to scrutiny for their performance or behavior under any circumstances.
There is a lot of frustration and lack of trust felt by citizens of Nevada County, and it is justified. How come it is so bad for citizens to have utilized the process of democracy in our Republic of the United States of America? Some other Judges cry out that it will cost more tax payer money but ignore that current situation and opposition is doing the same thing.
“There’s a concern, she won’t really retire?”
Thank you for clarifying things Brenda. $715.15 a day to pay a substitute judge replacing another judge who has been absent for a year sounds pretty expensive along with what the absent judge is also being paid to be absent, or am I missing something here? What I’ve been wondering is how many days the substitute judge spent in court.
that would give a true idea of cost. Can’t help it. I did bookkeeping for many years.
Great question, Bonnie. Maybe someone reading here has the ability to cough up that information.
Perhaps judge is being paid retirement pending a disability retirement. There is a difference in many retirement systems.
Seems NOBODY has FACTS, which makes the recall even more of a questionable move. Now if only real deal is politics, well go figure!
Memo to “Phil”: Please sign your real name to get your comment posted. Thanks.
What good would it do to anyone to find Judge McManus’ illness? She has retired. Heard of HIPPA? Leave her alone. The unfounded accusations have been endless, remind you of anyone? (Rush)?
Folks,
Let’s keep the discussion issue oriented. Thanks.
1. McManus is not yet retired, she has filed for disability retirement that has not yet been approved, and could be denied.
2. The court made a public statement to The Union that she suffered traumatic brain injury in a fall. The Union reported her fall in May of 2009. She returned to work after this and was on the bench until March of 2011.
3. Former clerk recorder, Bruce Bolinger, is incorrect about how she would be replaced if the recall is successful. He stated that the replacement would be appointed. However a memo that was addressed to him during a previous recall effort has been found and comes to the opposite conclusion. “However, giving due regard to harmonizing the various constitutional and statutory provisions and other principles of statutory construction it is my opinion that the better reasoned position is that a successor to a recalled superior court judge is elected.” http://co.humboldt.ca.us/election/content/faq/recapg.pdf
4. Bonnie and Michael, if you would like to know more about the cost of the other retired judge sitting in; as of September 2011 you can go here http://www.theunion.com/article/20110915/BREAKINGNEWS/110919899&parentprofile=search
5. Alfred G. Kildow, who wrote the article that all the judges supported misstated the recall backers intent, saying that they planed to force a special election. The recall group intends to have sufficient signatures for candidates to have names on the ballot in time for the general election in November. This would NOT be an extra cost to taxpayers.