Wednesday, July 3, 2019
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Inyo County Judge Receives Admonishment For Violating 90-Day Rule, False Affidavits
By a MetNews Staff Writer
The Commission on Judicial Performance yesterday publicly admonished Inyo County Superior Court Judge Brian for failing to decide three cases within 90 days and making false statements under oath twice that he had no cases pending for a period in excess of the time limit.
Government Code §68210 provides:
“No judge of a court of record shall receive his salary unless he shall make and subscribe before an officer entitled to administer oaths, an affidavit stating that no cause before him remains pending and undetermined for 90 days after it has been submitted for decision.”
A statement of facts and reasons says:
“Judge Lamb stated that he did not know the January and February 2017 salary affidavits were false when he signed them, but the fact that a judge may be unaware that he or she has matters that have been under submission for more than 90 days is not a defense to a charge of filing false salary affidavits….Lamb’s false salary affidavits violated his duty to respect and comply with the law and to act at all times in a manner that promotes public confidence in the integrity of the judiciary….”
The statement notes:
“His prior discipline for similar misconduct—an advisory letter in 2006 and a private admonishment in 2015—were significant aggravating factors.”
The judge claimed that he simply “lost track” of the cases. The statement points out:
“Judge Lamb’s ‘lost track’ explanation is the same one he offered in connection with his 2006 advisory letter and his 2015 private admonishment.”
One case involved a 14-month delay and another entailed a 12-month delay. The statement points to reminders provided to the judge.
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