Judicial Board to Probe Chief Justice’s Travel

SAN FRANCISCO — The state Commission on Judicial Performance said Wednesday that it has accepted Chief Justice Malcolm Lucas’ invitation to investigate the frequency and funding of his travels.

Lucas sent a letter to the commission last Friday asking that it review questions raised by a San Francisco Chronicle story saying Lucas was often absent from the state and had accepted trips from private organizations that had taken part in cases before the state Supreme Court.

The commission issued a brief statement announcing its investigation, which will be conducted under its standard rules of confidentiality.

The commission has the power to issue a private or public censure or recommend that the state Supreme Court remove a judge from office. The commission is chaired by state Appeals Justice Eugene Premo of San Jose and consists of five judges, two lawyers and two public members appointed by the governor.

The Chronicle said its three-month investigation found that Lucas had accepted trips to Thailand, Austria and Hawaii during the last four years from a Lloyds of London subsidiary and a group of lawyers who represent insurance companies. Both organizations have taken part in cases before the court, either as parties or as interested outsiders supporting a party.

The Chronicle also said Lucas spent at least 76 days, including 53 working days, traveling outside California as a guest speaker or conference participant in 1992. That was far more than the travel time of chief justices in other states surveyed, the newspaper said.

In reply, Lucas said in a letter to the Chronicle that he regularly works seven days a week and late into the evening, and keeps up with court business while he travels. He said he traveled to judicial conferences and government-sponsored programs, and to other events that helped to inform the public and the legal community about the judicial system.