In an effort to defeat a bill that would greatly diminish her power and that of the state Judicial Council, California Chief Justice Tani Cantil-Sakauye made a tactical mistake last week.

She ripped into the Assembly, which had approved the measure, Assembly Bill 1208, on a one-vote margin. No chief justice should lecture the Legislature, as Cantil-Sakauye did in her 19-minute video before the state's presiding judges three days after the Assembly vote.

As it is wrong for the Legislature to meddle in the internal affairs of the judicial branch, the chief justice needs to respect the independence of the legislative branch. Doing otherwise diminishes the dignity of her office. Also, it's never wise to pick a fight with the body that controls your budget.

And if Cantil-Sakauye loses this fight, it will be a big loss for the state's judicial system. The chief justice is right to oppose Assembly Bill 1208. The measure would unravel important reforms put in place 15 years ago that centralized the state court system. The reforms established new rules and procedures that better assure equal access to justice no matter where citizens live in California. It also placed court budget authority with the chief justice and the Judicial Council, a panel of judges she controls.

At its core, AB 1208 by Assemblyman Charles Calderon seeks to return budget-making authority to individual county courts, essentially stripping the power of the purse from the chief justice and the Judicial Council.

The impetus for this change does not come from the Legislature. A large number of judges and many court employees are unhappy with the way the Judicial Council under former Chief Justice Ron George, Cantil-Sakauye's predecessor, handled court finances.

Many believe – and there is some evidence to support their claims – that court administrators squandered money on dubious and bloated maintenance and construction projects. At a time when local court employees were being furloughed and courts closed one day a month, the budget for the Administrative Office of the Courts grew along with salaries, benefits and expense accounts for top AOC employees.

Critics also point repeatedly to a court computer project that is years late, billions over budget and still not in operation.

This is a power struggle between local courts and the state judicial bureaucracy that the chief justice controls. Even if she eventually prevails in the Legislature – which is likely – the chief justice needs to make peace with local judges.

To resolve this issue in a way that preserves the authority of the Judicial Council, she must negotiate a compromise with dissident judges – one that preserves her authority but assures that the locals have the meaningful input in budget decisions that they legitimately need and deserve. By healing old wounds, the court system in California will be better able to protect its interests, especially if it can avoid battles with the Legislature.

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