Civil Rights Organizations Question Legality of Schwarzenegger Administration Proposal to Remove Judges and Restructure the Cali

[courtesy of California Progress Report]

By Frank D. Russo

Yesterday, the California Coalition for Civil Rights (CACCR), on behalf of over 50 organizations, sent a letter to the California Fair Employment and Housing Commission urging them to seek guidance from the Attorney General on the legality of a Schwarzenegger Administration proposal to replace judges used by the Commission to enforce California's civil rights laws.

The plans, announced in September by, drew protests from the civil rights community and a letter from 20 legislators including the Speaker of the Assembly and the President pro Tem of the Senate about the timing of the proposal which they see as contrary to law and policies set by the legislature. As we reported on Monday, the Commission, which has to approve any changes, had previously decided to seek an opinion from the Attorney General but later quietly reversed course on that decision. California State Senator Sheila Kuehl described this action in September as the dismantling of the state's civil rights enforcement body that dates back to the era of the Rumsford Fair Housing Act.

Shortly, the Commission will lack a quorum and the Governor will be able to appoint new members or reappoint those who's term has expired but are able to hold on to their seats for a limited time.

Here is the CACCR letter:

Dear Commissioners,

We write on behalf of the California Coalition for Civil Rights (CACCR) to express concern over the recent Commission decision to forego seeking a legal opinion from the Attorney General on the legality of the Commission’s authority to remove its own Administrative Law Judges. We hope that this decision is not an attempt by the Commission to escape the accountability that a transparent process would ensure.