Branch Certification Commission hears rising complaints, approves settlements and orders a revocation

The Branch Certification Commission met Feb. 6 and approved multiple disciplinary settlements and administrative dismissals while debating tougher sanctions for process servers accused of filing false returns. The meeting opened at 10:00 a.m.; Judge Harlan, the presiding judge, led the session and announced that long-serving court reporter advisory board member Kim Bridal is retiring and that he will step down at the May meeting after being asked by the Supreme Court to join the Judicial Conduct Commission.

Staff briefed the commission on a rising docket of complaints. Mister Morgan told commissioners the office received 82 complaints between the start of the fiscal year in September 2025 and the end of the last month and reported 177 pending complaints overall; he said that, if commissioners adopt staff recommendations at the meeting, pending complaints would fall to about 140. Morgan flagged process servers as the single largest source of complaints and said staff will review rules, education requirements and the code of ethics to reduce future complaints.

Commissioners voted to adopt a block of agreed final orders and to accept a string of settlement agreements presented by staff, including cause numbers 0759, 0785, 0816 and others detailed in the agenda. Some settlements drew little discussion and were approved by voice vote; others prompted extended debate.

A central contention of the meeting concerned multiple cases alleging false or inaccurate returns of service. Commissioner London argued that when a server files a return that falsely states personal service and swears to that statement, it amounts to perjury and should lead to revocation of certification. Staff counsel and other commissioners urged consideration of mitigating factors in individual files — for example, a respondent’s short time in the field, prompt acceptance of responsibility, corrective actions taken and participation in professional organizations — and recommended sanctions such as a probated suspension and a monetary penalty in some cases.

After debate the commission voted to seek permanent revocation in one contested matter (case tied to docket number 0800); the chair said the respondent will receive notice and will have the option to request a hearing. In other contested matters, staff reported evidence that respondents had notified their employers or vendors before some complaints were filed and those settlements were approved. The commission also ratified administrative dismissals and denied certain requests for reconsideration where staff investigations did not sustain grounds for action.

Before adjourning to closed session to deliberate on an applicant reconsideration under the commission’s public meetings policy (section 8f), the chair stopped public streaming; the time on the record for the closed-session announcement was 11:09 a.m.