California's judicial watchdog agency was investigating "decisional delay" in the Third District Court of Appeal even before a retired appellate attorney filed a complaint last year accusing three justices of taking too long to dispose of cases there, newly released documents reveal.

In an April 6 letter to a committee reviewing the Commission on Judicial Performance, Jon Eisenberg said an unidentified investigator with the agency told him on Feb. 8, 2021, that the agency had been looking into Third District practices "but had failed to detect the decisions my complaint described."