California Judge Routes Campaign Robocalls Through Colorado
Thomas Hawk writes "Victoria Kolakowski, a current sitting law judge at the California PUC, is running for Alameda Superior Court judge in California. As part of her campaign she is robodialing people in California with a pre-recorded message. The only problem is that in Califorina robodials are actually illegal unless first introduced by a non-recorded natural person who gains consent to play the call. Ironically, the agency set up to protect our privacy and enforce this law, the California PUC, is the very agency where Kolakowski works today. Kolakowski originally apologized for the calls but then later deleted messages on her Facebook account from people objecting to her use of these calls. Now Kolakowski is trying to argue that because 'technically' she is routing her calls through Colorado from outside the state that her robodials are actually legal."
Call centers are our main customers at my current job. You wouldn't believe how creative people get, trying to bypass the laws that restrict use of certain dialing technologies (robo-dialers, predictive dialers, progressive dialers, etc.) As a software provider we have to implement options that support those legal restrictions, but a huge number of clients want to know how to disable those features because they've come up with a creative reason why the law doesn't apply to them. We advise them not to do it, but in the end, it's the call center that's in control.
I do not fail; I succeed at finding out what does not work.
Here in AZ, one thing they got right was to appoint judges, which cuts out most of this type of campaigning crap. The list of appointees from which the governor chooses is drawn up by the judicial nominating commission, a bipartisan body that consists of lawyers AND nonlawyers. This allows a consensus to be reached as to who is at least _competent_ enough to be appointed. After 2 years of serving on the bench, judges face a retention election, and every 6 years thereafter they are up for another retention election. Usually, the only time the retention elections receive much public attention is when a judge has gone off the deep end in some respect and faces being dumped by the voters. IANAL, but many law professionals around the country hold the AZ judicial appointment process in very high regard, as it produces quality appointments without most of the partisan garbage present in judicial elections.