CJP Self-Represented Litigants Compendium: Judicial Misconduct Involving Self-Represented Litigants...

JUDICIAL MISCONDUCT INVOLVING

SELF-REPRESENTED LITIGANTS

(Commission on Judicial Performance & Supreme Court Cases)

State of California

Commission on Judicial Performance

455 Golden Gate Ave, Suite 14400

San Francisco, CA 94102-3660

(415) 557-1200

FAX (415) 557-1266

http://cjp.ca.gov

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Judicial Misconduct - Self-Represented Litigants 2

JUDICIAL MISCONDUCT

INVOLVING SELF-REPRESENTED LITIGANTS

Abuse of Authority

In addition to other misconduct, at the outset of a hearing on a temporary restraining order and

without providing the petitioner an adequate opportunity to be heard, the judge ordered on the

judge’s own motion that the restrained parent would be allowed visitation as a condition of

granting the restraining order. No notice had been given to the pro per petitioner that the

visitation issue, which was previously set for hearing at a later date, would be addressed at the

TRO hearing. The commission concluded that the judge abused the judge’s authority and

disregarded the litigant’s fundamental right to due process. [Com. on Jud. Performance, Ann.

Rept. (2013), Advisory Letter 19, p. 22.]

In addition to other misconduct, a judge routinely locked the courtroom door during

arraignments and told a defense attorney that the judge “preferred” that the attorney not be

present in the courtroom during pro per arraignments. [Com. on Jud. Performance, Ann. Rept.

(2012), Private Admonishment 5, p. 24.]

After granting a criminal defendant’s motion to proceed in pro per and relieving his court-

appointed counsel, Judge Comparet-Cassani presided at a pretrial hearing at which the defendant

submitted two motions. After receiving one of the motions, the judge stated that she did not

believe the defendant had prepared the motion himself and repeatedly restated this opinion while

questioning the defendant about the motion. She concluded that the defendant was lying to the

court about not having received legal assistance in preparing the motion, and on that basis

revoked his pro per status and appointed an attorney to represent him.

The defendant petitioned the Court of Appeal for a writ of mandate to restore his pro per status,

and the prosecution filed a preliminary response conceding that Judge Comparet-Cassani had

improperly revoked his pro per status. The judge ordered the defendant’s pro per status

reinstated after the Court of Appeal issued a notice of intention to grant the writ.

The commission found that Judge Comparet-Cassani’s revocation of the defendant’s pro per

status was based upon her belief that the defendant had received legal assistance in preparing a

motion and her belief that he was lying about whether he had received such assistance. The

commission found that neither of these factors, if true, provided a legal basis for the judge’s

action, and that her conduct constituted abuse of authority, disregard of the defendant’s Sixth

Amendment rights, and intentional disregard for the law. [Public Admonishment of Judge Joan

Comparet-Cassani (2011).]

A judge relieved the defendant’s attorney and remanded the defendant for failing to obey the

judge’s order to be quiet, without following any of the procedures for contempt. Before new

counsel appeared, on the judge’s own motion and off the record, the judge increased the

defendant’s bail significantly, which gave the appearance that the judge was acting out of pique

and trying to coerce a guilty plea from the defendant. [Com. on Jud. Performance, Ann. Rept.

(2011), Private Admonishment 3, p. 23.]



In addition to other misconduct, when a pro per litigant continued to express concern about a

judge’s ruling, the judge threatened to make an adverse ruling and used unduly harsh language.

[Com. on Jud. Performance, Ann. Rept. (2011), Advisory Letter 26, p. 26.]

Judge O’Flaherty was censured for willful misconduct for his treatment of a small claims

litigant. The judge presided over a small claims case in which an independent car dealer alleged

that an employee of a credit union made derogatory remarks about independent car dealers that

caused a woman to break a contract with him for the sale of the car. When the plaintiff presented

his case, the judge interrupted numerous times with questions and comments generally critical of

his defamation claim. The prospective buyer, by contrast, was allowed to give a lengthy

narrative without interruption. The judge also heard from the employee and her supervisor.

After the judge said the plaintiff’s case was not “even close to libel,” the plaintiff said that he

knew he was right, but had not been allowed to prove his case and that the judge could dismiss

the case. The judge dismissed the case and the plaintiff left the courtroom.

Judge O’Flaherty overheard the three women who had testified for the defense conversing

among themselves about the plaintiff, expressing concern that he would come after them and

stating that they were afraid. The judge ordered the bailiff to return the plaintiff to the

courtroom. When the plaintiff returned, the judge told him that he thought he had been abusing

the women and that all three of them were afraid of him. The judge then said that he was not

going to issue a formal restraining order, which he had “the right to do,” but if there was any

contact between the plaintiff and the three women in the next few months he would “issue a

formal restraining order on the spot,” and the plaintiff would have to pay the fees and then face

criminal charges if he violated the restraining order. The judge then repeatedly told the plaintiff

that he was to have “no contact” with the women and instructed him to stay away from the credit

union. When the plaintiff mentioned that he was a customer of the credit union, the judge said

that he could go to other branches, and that he was not to have any contact with the branch in

question for at least 90 days. The commission found that the judge issued a no contact order that

he knew he did not have authority to issue and that the judge became embroiled in the matter to

the extent that he issued orders that were neither requested nor legally proper. [Inquiry

Concerning Judge Joseph W. O’Flaherty (2010) 50 Cal.4th CJP Supp. 1.]

At the conclusion of a small claims hearing, a judge engaged in an abuse of authority by ordering

one party to stay away from the other party and ordering a party to receive counseling. The

advisory was strong. [Com. on Jud. Performance, Ann. Rept. (2010), Advisory Letter 21, p. 26.]

In addition to other misconduct, while on the bench, the judge directed the bailiff to take the car

keys of pro per defendants who were charged with, but had not been convicted of, driving

without a valid license if they stated they had driven themselves to court. [Com. on Jud.

Performance, Ann. Rept. (2010), Advisory Letter 30, p. 27.]

Judge Velasquez was removed from office for conduct that included prejudicial misconduct in

criminal cases. When defendants questioned a sentence or otherwise commented, the judge

threatened to increase the defendant’s sentence and in some instances did increase the sentence.

This occurred with both represented and unrepresented defendants. [Inquiry Concerning Judge

Jose A. Velasquez (2007) 49 Cal.4th CJP Supp. 175.]



Judge Ross was removed from office for conduct that included his treatment of an unrepresented

traffic litigant. While Judge Ross was presiding over a traffic calendar, a woman appeared on

two old outstanding traffic citations, and the description of her differed on each citation. She

presented a “Wrong Defendant” declaration and identification. The judge told the defendant that

he believed she was lying, unilaterally added a misdemeanor count to the charges in both cases

and summarily sentenced her to jail for 30 days. The judge entered a not-guilty plea for the

defendant but did not arraign her or otherwise advise her of any rights. She was taken into

custody immediately and she remained in jail for two and one-half days. The judge’s actions

were determined to be willful misconduct. [Inquiry Concerning Judge Kevin A. Ross (2005) 49

Cal.4th CJP Supp. 79.]

After a criminal defendant requested representation by the public defender, the judge directed the

bailiff to search the defendant’s wallet. [Com. on Jud. Performance, Ann. Rept. (1998),

Advisory Letter 7, p. 27.]

A judge allowed an attorney to participate in a small claims matter under circumstances in which

attorney participation was prohibited by law. [Com. on Jud. Performance, Ann. Rept. (1997),


The judge had refused to exercise his discretion to consider traffic school as a possible

disposition in traffic matters. He told traffic litigants requesting traffic school that he did not

give traffic school because it was “a joke,” and that he would not give traffic school until the

traffic school system, which the judge characterized as “corrupt,” was cleaned up. [Public

Reproval of Judge Kenneth E. Vassie (1995).]

A defendant who was representing himself in a felony criminal proceeding appeared before

Judge Friedman for sentencing. The defendant told the judge he had been unable to read the

probation report in part because he had observed and smelled a snake outside his cell. He told

the judge that fear of snakes outside his prison cell had kept him awake at night. For the purpose

of playing a joke on the defendant, the judge caused the head of a rattlesnake, enclosed in a

plastic ball, to be displayed to the defendant when he was locked in a holding cell, causing an

emotional outburst. There was additional misconduct. [Public Reproval of Judge Gary T.

Friedman (1993).]

In addition to other misconduct, the judge ordered a plaintiff not to appear again pro per on any

civil matter. When the plaintiff complained to the presiding judge about the order banning him

from appearing pro per, the judge wrote a memo to the presiding judge suggesting that the ruling

be maintained in other cases and opining that the plaintiff was trying to manipulate the system.




A judge sentenced a traffic defendant for speeding based on the judge’s unfounded “diagnosis”

that the defendant was “addicted to something.” The “diagnosis” was entered onto the court

docket, which is a public document. [Com. on Jud. Performance, Ann. Rept. (1991), Private

Admonishment G, p. 10.]

A traffic defendant refused to enter a plea. Instead of entering a not guilty plea and moving on,

the judge made the defendant wait in the courtroom all day before entering the plea. This

appeared to be a vindictive use of judicial power. [Com. on Jud. Performance, Ann. Rept.

(1990), Advisory Letter 34, p. 25.]

A judge had a sentencing “policy” that expressly contradicted State policy set forth by statute:

the judge refused even to consider sending traffic defendants to traffic school (Veh. Code, §

42500). When a defendant protested, the judge told the defendant to shut up. [Com. on Jud.


In one case, a judge hinted to a pro per defendant that there would be a light sentence after a

guilty plea. In fact, the judge imposed a harsh one. There was other misconduct. [Com. on Jud.


Judge McCartney was censured for conduct that included holding benchside conferences with

one of his bailiffs in sentencing pro per defendants in traffic and misdemeanor cases. The court

actually imposed some of the sentences which the bailiff fashioned. [McCartney v. Commission

on Judicial Qualifications (1974) 12 Cal.3d 512.]

Failure to Ensure Rights

A judge with administrative responsibilities adopted procedures for filings by pro per litigants

that raised an appearance that the litigants received unequal treatment based on their indigency or

lack of counsel. [Com. on Jud. Performance, Ann. Rept. (2011), Advisory Letter 18, p. 26.]

A judge excused a represented party from the stand without offering the opposing party, a pro

per litigant, an opportunity for cross-examination; the judge had offered the represented party’s

counsel the opportunity to cross-examine the pro per litigant. [Com. on Jud. Performance, Ann.


Judge Velasquez was removed from office for conduct that included his handling of eight

criminal cases in which unrepresented defendants appeared before him to request a modification

of probation. Without notifying the defendants that a probation violation hearing would be

conducted and without advising them of their rights, the judge determined that the defendants

were in violation of probation and immediately remanded them into custody. In one case, the

time for completing the terms of probation had not yet expired. The judge’s actions were

determined to be willful misconduct.

In seven cases, at arraignment on misdemeanor charges, Judge Velasquez gave the defendants

the choice between diversion and jail time, and did not tell them of the option of pleading guilty

and having a trial. The judge also told defendants if they failed to complete diversion they would



go to jail, although the consequence of failing to complete diversion is resumption of the

proceedings. The judge’s actions were determined to be prejudicial misconduct. [Inquiry

Concerning Judge José A. Velasquez (2007) 49 Cal.4th CJP Supp. 175.]

The defendant in a domestic violence case who had been put on probation failed to appear and

provide proof of enrollment in a substance abuse program. Judge Iles ordered his probation

revoked and a bench warrant issued. Two days later, the defendant appeared voluntarily without

counsel to request a payment schedule for the money he owed. The bench warrant was recalled

and the judge set a date for hearing concerning the defendant’s medical condition and ability to

enroll in a substance abuse program. The judge then sent the defendant to her judicial assistant

to discuss payment of the funds he owed. Later, the judicial assistant came to the judge’s

courtroom, slammed the defendant’s file down on the sidebar, and told the judge that the

defendant was not cooperating and that she could not work with him. The judge told the

defendant that since he was not willing to cooperate with the assistant, he would be taken into

custody, and she instructed her bailiff to do so. The defendant repeatedly asked the judge why

he was being put in custody. The judge told him that he was going into custody because he was

not cooperating with her judicial assistant. She later told him that he was in custody for a

probation violation. The defendant’s petition for writ of habeas corpus was granted based on

Judge Iles’s de facto revocation of the defendant’s probation without affording him due process.

The commission’s discipline was predicated upon the judge’s disregard of the defendant’s

fundamental rights. [Public Admonishment of Judge Pamela L. Iles (2006).]

A judge went forward with a brief hearing in the absence of the pro per defendant. [Com. on

Jud. Performance, Ann. Rept. (2005), Advisory Letter 1, p. 26.]

At arraignment on a failure to appear, the judge proceeded without appointed counsel despite the

defendant’s statements that he wanted counsel. The judge made comments that disparaged the

defendant’s version of the case and fostered the appearance that the judge was attempting to

pressure the defendant into pleading guilty. [Com. on Jud. Performance, Ann. Rept. (2001),

Private Admonishment 5, p. 19.]

Judge Heene was disciplined for nine incidents of failing to respect the rights of unrepresented

individuals, including the following incidents:

A pro per traffic defendant asked to cross-examine the police officer after the

officer testified. Judge Heene would not allow the defendant to question the

officer.

A pro per traffic defendant charged with driving with expired registration

appeared in court two weeks before the scheduled trial date because he was

unable to post bail. Judge Heene ordered the defendant to get rid of his car and

threatened the defendant with jail if the car was not disposed of by the trial date.

An unrepresented defendant on a traffic misdemeanor and related infractions had

not completed community service by the due date and came to court two weeks

after the due date to seek an extension. Judge Heene asked her if she had



completed the community service or paid the fine. When the defendant said she

had not, the judge sentenced her to 44 days in county jail and had her remanded

into custody. The judge failed to advise the defendant that he was conducting a

probation violation hearing and did not advise her of her rights in connection with

the hearing.

A pro per defendant appeared for arraignment on speeding and misdemeanor

failure to attend traffic school charges. Without a guilty or no contest plea ever

having been entered or a conviction at trial, Judge Heene sentenced the defendant

to 20 days in jail and remanded him into custody.

An unrepresented defendant appeared before the judge at a probation revocation

hearing in a misdemeanor case. Without advising the defendant of his rights with

respect to the hearing, Judge Heene reinstated and modified the defendant’s

probation by adding 30 days to his jail sentence, and then remanded the

defendant.

After Judge Heene declined to appoint counsel for an unemployed defendant

charged with a misdemeanor and urged him to get a job, the judge suggested to

the defendant that he “go back and talk to the D.A. in earnest about the case.”

An unrepresented defendant appeared before Judge Heene at a probation

revocation hearing. Without advising him of his rights, the judge reinstated the

defendant’s probation and modified the terms by imposing community service in

lieu of a fine.

[Censure of Judge Fred L. Heene, Jr. (1999).]

In addition to other misconduct, on a number of occasions, the judge’s advisement about a

defendant’s right to appointed counsel and obligation to pay for appointed counsel was

misleading. [Com. on Jud. Performance, Ann. Rept. (1999), Advisory Letter 28, p. 24.]

A judge failed to advise unrepresented defendants of their right to counsel at arraignment. In

two matters, the judge engaged unrepresented defendants in discussions of the facts of their cases

during arraignment; in one of those cases, the judge also read police reports without consent.

[Com. on Jud. Performance, Ann. Rept. (1997), Private Admonishment 2, p. 20.]

Judge Whitney was censured for conduct that included his practices at arraignment. While

conducting his court’s in-custody misdemeanor arraignment calendar, Judge Whitney abdicated

his responsibility to protect the statutory and constitutional rights of defendants in certain

respects. As a matter of routine practice, the judge failed to exercise his judicial discretion to

consider release of defendants on their own recognizance, or to consider grants of probation or

concurrent sentencing for defendants pleading guilty or no contest at arraignment. He also

refused to appoint counsel to assist defendants at arraignment, and failed to inform defendants

entering pleas of guilty or no contest of the negative immigration consequences a conviction

could have for a non-citizen. [In re Claude Whitney (1996) 14 Cal.4th 1.]



Judge Ormsby told a defendant that the services of the public defender’s office were for trials

and that if he wanted drug diversion he could not have a deputy public defender. [Censure of

Judge William M. Ormsby (1996).]

Judge Drew was disciplined when he denied a defendant his right to appointed counsel after

using improper criteria for determining whether he was indigent. The judge had refused to

appoint counsel for an unemployed construction worker who indicated that he was not working

and was living with another person who was supporting him, on the ground that the defendant

was potentially employable. Rather than appoint counsel, Judge Drew ordered the defendant to

apply for work so that he might be able to retain private counsel. When the defendant later failed

to appear in court for a scheduled pretrial conference, Judge Drew issued a bench warrant, and

the defendant was remanded to custody. After the defendant was taken into custody, Judge

Drew again improperly refused to appoint counsel for him. There was additional misconduct.

[Public Admonishment of Judge Stephen Drew (1996).]

A judge denied a legally valid application for a waiver of court fees and costs in a small claims

case on the ground that the applicant had been able to pay for the goods which were the subject

of the lawsuit. The judge indicated he did not know the law concerning eligibility of indigent

litigants for fee waivers. [Com. on Jud. Performance, Ann. Rept. (1995), Advisory Letter 23, p.

26.]

A judge found an unrepresented defendant in violation of probation without affording the

defendant a hearing or advising of the right to a hearing and counsel. In mitigation, the judge did

appoint counsel and set a hearing when the public defender called the judge’s attention to the

matter. [Com. on Jud. Performance, Ann. Rept. (1993), Advisory Letter 15, p. 18.]

On several occasions, a judge seemed to act in disregard of the rights of criminal defendants.

For instance, the judge sometimes questioned defendants during arraignments in what appeared

to be an effort to elicit admissions; the judge appeared to force a defendant to choose between

the right to counsel and the right to a speedy trial. The commission determined that private

admonishment was appropriate because of the judge’s exceptionally constructive attitude toward

the problem and the concrete steps the judge took to prevent further problems. [Com. on Jud.

Performance, Ann. Rept. (1990), Private Admonishment G, p. 20.]

A judge refused to let attorneys represent parties in small claims appeals. [Com. on Jud.


Judge Kloepfer was removed from office for conduct that included his treatment of a pro per

defendant who appeared before the judge with proof that the criminal case underlying a charge

of probation violation had been dismissed. The judge insisted that the probation violation

proceed to hearing immediately, although the defendant had never waived his right to counsel

and repeatedly asked for counsel. After listening to hearsay testimony from a police officer, the

judge found the defendant in violation of probation and sentenced him to six months in jail.

[Kloepfer v. Commission on Judicial Performance (1989) 49 Cal.3d 826.]



A judge did not adequately inform a traffic defendant of the defendant’s constitutional rights.

The judge found defendant guilty of an alleged failure to appear, supposedly on a plea of guilty,

although defendant did not in fact plead guilty or waive any constitutional or statutory right. The

commission imposed a severe private admonishment. [Com. on Jud. Performance, Ann. Rept.

(1989), Private Admonishment I, p. 22.]

A judge had the practice of taking some guilty pleas with no advisement of rights, taking other

guilty pleas with no waiver of rights, and giving inadequate advice to defendants on their right to

counsel. In response to the commission’s investigation, the judge’s attitude was extraordinarily

cooperative. [Com. on Jud. Performance, Ann. Rept. (1989), Advisory Letter 21, p. 24.]

A judge imposed obstacles to defendants’ exercise of right to counsel. For instance, although the

judge would give a mass advisement of rights informing defendants of their right to counsel or

appointed counsel, the judge did not give any information on how to exercise that right, or an

opportunity to do so. After being contacted by the commission, the judge’s attitude was

exceptionally constructive; and the judge took the necessary steps to correct the problem. [Com.

on Jud. Performance, Ann. Rept. (1989), Advisory Letter 22, pp. 24-25.]

Judge Ryan was removed from office for conduct that included in three instances failing to

provide a court reporter in a criminal proceeding. The judge knew that a court reporter had to be

provided on request; but he failed to inform pro per defendants of their right to make the request,

thereby “effectively den[ying] those defendants their constitutional right to have a reporter

present.” [Ryan v. Commission on Judicial Performance (1988) 45 Cal.3d 518.]

Judge Furey was removed from office for conduct that included denying the unrepresented

defendant’s rights during a traffic trial. After telling a group of traffic defendants that if there

was a discrepancy between their version of the facts and that of a police officer, he would always

believe the police officer, the judge heard a traffic matter. An officer testified for the

prosecution. During his defense, the unrepresented defendant began reading from a Vehicle

Code section. The judge cut him short and found him guilty. The appellate department of the

superior court later reversed the judgment because the defendant had been denied the opportunity

to cross-examine the police officer and to make a closing argument. The Supreme Court found

both the judge’s announcement to the defendants and his denial of the defendant’s right to be

heard to be willful misconduct. [Furey v. Commission on Judicial Performance (1987) 43

Cal.3d 1297.]

A judge altered court records to resolve an apparent inconsistency in the record, with results

adverse to a pro per litigant. [Com. on Jud. Performance, Ann. Rept. (1986), Advisory Letter, p.

5.]

A judge created a perception of unfairness by ordering a new trial in a small claims case after

receiving a letter from the losing party. [Com. on Jud. Performance, Ann. Rept. (1986),

Educational Letter, p. 4.]



Bias/Lack of Impartiality

In addition to other misconduct, a judge made remarks about a pro per criminal defendant –

impugning the defendant’s character, referring to the defendant as a fraud, and accusing the

defendant of being willing to make false statements to the court – in an attempt to persuade the

defendant to waive the right to self-representation. [Com. on Jud. Performance, Ann. Rept.


In addition to other misconduct, a judge’s treatment of a pro per family law litigant was

discourteous and gave rise to an appearance of embroilment. [Com. on Jud. Performance, Ann.


In pretrial and jury trial proceedings in a criminal case involving a pro per defendant, the judge

made comments disparaging the defendant and the defendant’s defense, made a statement

reflecting bias against pro per defendants, and sometimes appeared to assume a prosecutorial role

in questioning the defendant. There was additional misconduct. [Com. on Jud. Performance,

Ann. Rept. (2014), Private Admonishment 1, p. 21.]

In numerous cases, mostly involving pro per litigants, the judge injected the judge’s personal

views or made remarks that were discourteous or created the appearance that the judge was

acting as an advocate or lacked impartiality. There were mitigating factors, including corrective

measures taken by the judge to change the judge’s behavior. [Com. on Jud. Performance, Ann.


During a jury trial with a difficult pro per criminal defendant, the judge made a number of

statements in the presence of the jury to the effect that the defendant was misrepresenting the

facts and was attempting to manipulate the proceedings; this created an appearance of a lack of

impartiality. [Com. on Jud. Performance, Ann. Rept. (2011), Advisory Letter 4, p. 24.]

During a traffic calendar, the judge announced that the judge wanted to meet with the police

officers privately. When one of the traffic defendants expressed concern about the meeting, the

judge called the defendant a demeaning name. The judge previously had met with law

enforcement supervisors about their ticketing practices and presentation of evidence, which gave

the appearance of alignment with law enforcement. [Com. on Jud. Performance, Ann. Rept.

(2011), Advisory Letter 5, pp. 24-25.]

During a telephonic appearance, a pro per inmate plaintiff was able to hear the judge and the

opposing counsel, but they could not hear the inmate and believed the inmate was not on the line.

The judge made remarks that created the appearance the judge was coaching counsel about

responding to the inmate’s legal position. The judge also made a remark about the inmate’s case

being no different from other inmate cases, suggesting stereotyping of inmates’ cases. [Com. on


During the lengthy criminal trial of an obstreperous pro per defendant, a judge made disparaging

and demeaning comments to the defendant and made numerous improper threats, sometimes in

the presence of the jury, in an attempt to control the defendant. At one point, the judge ordered



the out-of-custody defendant placed in a holding cell without following proper procedures. The

judge engaged in conduct suggesting assumption of a prosecutorial role rather than that of an

impartial arbiter. The advisory was strong. [Com. on Jud. Performance, Ann. Rept. (2010),

Advisory Letter 2, pp. 24-25.]

A judge exhibited a lack of impartiality towards a pro per criminal defendant and also displayed

inappropriate demeanor, including telling the defendant at the end of the proceeding, “Shut up

and get out of here, please.” [Com. on Jud. Performance, Ann. Rept. (2007), Private

Admonishment 1, p. 30.]

Judge Hyde was removed for conduct that included becoming embroiled in a pro per litigant’s

marital dissolution and acting as the litigant’s advocate. In 2001, the judge was presiding over a

domestic violence case. After arraigning the defendant, the judge spoke with the defendant’s

spouse in the court hallway. She told the judge that she wanted to serve marital dissolution

papers on the defendant before he was transported back to jail. The judge accompanied the wife

to the clerk’s office, advised her about the need for a fee waiver, obtained a fee waiver

application for her and may have assisted her in filling it out. Later, the judge went to the

chambers of the commissioner handling fee waiver applications. The judge asked if the

commissioner had reviewed the application yet and explained that the wife wanted the husband

served before he returned to jail. The commissioner pulled the application from the file,

reviewed it and signed it. The judge volunteered to return the paperwork to the clerk’s office.

The judge filed the fee waiver order and the dissolution paperwork with the clerk’s office. The

judge’s conduct was determined to be prejudicial misconduct.

The decision noted Judge Hyde’s receipt of an advisory letter in 1998 for assisting a pro per

litigant. The advisory letter expressed disapproval of the judge’s “involvement in a pro per

defendant’s case including reading an inmate’s letter addressed to [him] at the courthouse

regarding her receipt of a complaint and summons in an unlawful detainer case, [the judge’s]

direction to the clerk’s office to send her an ‘answer’ packet so she could respond to the unlawful

detainer complaint and summons and [the judge’s] direction to a clerk to prepare a fee waiver

order, which the judge signed.” The inmate/defendant was given additional time in which to

respond, without notice to the other side. The commission viewed the judge’s actions “as

providing legal and judicial assistance not available to other pro per litigants,” and cited canons

2B (use of the prestige of judicial office) and 3B(7) (ex parte communications). [Inquiry

Concerning Judge D. Ronald Hyde (2003) 48 Cal.4th CJP Supp. 329.]

A judge appeared to provide legal assistance outside of court to a pro per litigant in a case

pending in another department of the judge’s court. [Com. on Jud. Performance, Ann. Rept.


In addition to other misconduct, in a small claims matter, the judge, without sufficient cause,

threatened one of the litigants with perjury charges. [Com. on Jud. Performance, Ann. Rept.

(1996) Advisory Letter 21, p. 25.]



A small claims litigant refused to stipulate to a temporary judge. The judge to whom the case

was then assigned interrogated the parties as to which of them had refused to stipulate, giving the

appearance that the judge would retaliate against that party. The judge also made remarks

disparaging small claims litigation. [Com. on Jud. Performance, Ann. Rept. (1992), Advisory

Letter 36, p. 17.]

Judge Furey was removed from office for conduct that included telling a group of traffic

defendants that if there was a discrepancy between their version of the facts and that of a police

officer, he would always believe the police officer because perjury was a felony and a police

officer would not jeopardize his career over such an insignificant matter. The Supreme Court

found the judge’s announcement to the defendants to be willful misconduct. [Furey v.

Commission on Judicial Performance (1987) 43 Cal.3d 1297.]

A judge appeared to treat the parties to an action unevenly by excusing an instance of tardiness

by defense counsel while sanctioning the in pro per plaintiff for the same act. [Com. on Jud.

Performance, Ann. Rept., Ann. Rept. (1986), Educational Letter, p. 4.]

Judge McCartney was censured for conduct that included, in a welfare fraud case, angrily telling

a pro per defendant’s wife to “shut up” or be held in contempt when she persisted in making a

series of boisterous outbursts which interrupted the proceedings. In the same case, the judge

strongly criticized the pro per defendant, alleging that he had previously perpetrated frauds and

stating that in an attempt to evoke the court’s sympathy, he had brought his children to court.

For an apparent misrepresentation to the court, petitioner called the defendant a “liar,” “cheat,”

and “deadbeat.” The judge also responded to the defendant’s boisterous interruptions at the

sentencing by angrily threatening to triple the jail sentence.

Judge McCartney told another pro per defendant, who had previously appeared before him to

plead guilty to a drunk driving charge, to “get in [the] courtroom or I’ll have you arrested,” when

the defendant approached him in the courthouse hallway during the noon recess to casually

inquire about the availability of a blood-alcohol test.

In another case, where a pro per defendant sought transfer of his case to another court because

the judge seemed emotionally upset, Judge McCartney engaged in a verbal attack upon the

defendant with respect to his experience as a paramedic in a deliberate effort to embarrass the

defendant or provoke him into a contemptuous response. [McCartney v. Commission on Judicial

Qualifications (1974) 12 Cal.3d 512.]

Demeanor

In multiple proceedings in 2012 and 2013, Judge Healy made denigrating and undignified

remarks to family law litigants, most of whom were unrepresented by counsel. The judge told

parents in one case that they were “rotten” and then suggested that he should have had their child

taken from them, told the mother that she was “a train wreck” and a “liar” who deserved to have

a cell door closing behind her, and referred to the mother as a “total human disaster.” In another

case, the judge threatened to put both parents in jail, although he later told them that he could not

do this without citing them for contempt and conducting a hearing. In a third case, the judge



remarked that if the mother “had been smart enough,” her son would not have had to go through

the process of changing schools, and said, “[n]ow your son is screwed.” In a fourth case, the

judge expressed concern that the children might “do something stupid and thuggish because their

father is stupid and thuggish[,]” threatened to jail the parents and take away their children, told

them that they could be in jail until their children were adults if he was “in the wrong mood” the

next time he saw them, and told them that life was too short to let children “be tortured by rotten

parents like you two.” In a fifth case, the judge described a father’s claim that he would get a job

as “pie in the sky,” and said that the father was making this claim even though he admittedly was

“morbidly obese and at risk of dying at any time….” In a sixth case, the judge told parents that if

they were exposing their daughter to “one-fifth of the attitude” they were showing the judge,

they “might as well have her start walking the streets as a hooker.” The commission disagreed

with the judge’s position that blunt and evocative language was sometimes necessary to compel

litigants to gain awareness of their circumstances, the harm that they are causing their children

and the importance of respect and cooperating, noting that many of the judge’s comments were

“the antithesis of imparting the importance of respect” and that the judge’s goals “can and must

be accomplished in a manner that comports with the Code of Judicial Ethics. [Public

Admonishment of Judge Daniel J. Healy (2014).]

In a family law case, the judge made an undignified and discourteous remark about a pro per

litigant’s weight during a hearing on the litigant’s motion to reduce support payments. [Com. on


Commissioner Friedenthal was disciplined for conduct that included, when the unrepresented

mother in a child custody dispute said that she did not want to “bag on” the commissioner

(meaning insult or offend the commissioner), Commissioner Friedenthal remarked, “Bag on me?

Is that a legal term?” The commission found that the remark, which appeared to be sarcastic,

violated canon 3B(4). [Public Admonishment of Commissioner Alan H. Friedenthal (2012).]

Judge Comparet-Cassani was disciplined for abuse of authority, disregard of a pro per

defendant’s Sixth Amendment rights and intentional disregard of the law when she revoked the

defendant’s pro per status because she believed he had received legal assistance with a motion

and had lied to the court about it. The commission further found that the judge’s demeanor

toward the defendant during the hearing was improper. The judge spoke to the defendant in a

harsh manner, repeatedly stated that she did not believe him, grilled him on cases cited in his

motion, and stated three times that he was lying to the court, although the defendant remained

respectful to the judge throughout the hearing. [Public Admonishment of Judge Joan Comparet-

Cassani (2011).]

In addition to other misconduct, a judge made unduly harsh and disparaging remarks to a pro per

criminal defendant during a pretrial hearing. [Com. on Jud. Performance, Ann. Rept. (2011),


Judge Salcido was censured for conduct that included her treatment of an unrepresented

defendant who appeared before the judge after apparently having failed to comply with a

condition of probation. The judge advised her that she would allow her to serve 24 hours in

custody, instead of the customary 48 hours, for the violation of probation. The judge advised her



that she had a right to be counseled by an attorney before admitting the violation and being

sentenced, and informed her that she would have to come back another day if she wanted to

speak with an attorney. At one point the judge told her, “But I might not be so gracious on

Monday.” After further discussion, the defendant said that she wanted to “do the 24 hours.”

When the defendant paused after the judge said that this meant she would waive her right to

speak to an attorney, the judge asked, “You want to ask the lifeline? You need a lifeline?” The

audience laughed at these remarks.

In another matter, an unrepresented defendant appeared for arraignment on an alleged probation

violation. After asking the defendant about his relationship with the subject of a protective order

issued in the case, Judge Salcido made the following comments:

Court: Are you guys together or not together?

Defendant: Nope. We haven’t been together for like over a year now. But

she’s the whole reason why I have to keep coming back to court.

Court: She is, or the fact that you broke the law?

Defendant: No, she is. She’s ---

Court: Oh, you didn’t break the law? You’re an innocent man on probation?

Defendant: -- All’s I’ve been trying to influence ---

Court: You’re an innocent man on probation?

Defendant: Yes.

Court: Is that what you’re trying to tell me, you’re an innocent man? I’ve

met my first innocent man on probation. He’s completely innocent, he’s on

probation?

Defendant: Have, have you went over the case?

Court: Oh my gosh, you’re innocent.

[Inquiry Concerning Judge DeAnn M. Salcido (2010).]

In addition to other misconduct, a judge made a disparaging remark to a small claims litigant.


In addition to other misconduct, a judge was disciplined for conduct that included using

demeaning and unduly harsh language toward a pro per litigant seeking a protective order, and

telling her that she should blame herself if she could not present her case and should hire a

lawyer. [Com. on Jud. Performance, Ann. Rept. (2008), Private Admonishment 1, p. 25.]

Judge Velasquez was removed from office for conduct that included, in a number of cases,

joking with unrepresented defendants about imposing jail time. For example, when one

defendant asked if jail time would be imposed, the judge said: “If you want some, I’ll give you

some.” When another defendant asked a question about his fine, the judge said: “Would you

like some jail?” In another case, the judge pretended to find information that the defendant

“owed” 35 days of jail time on a previous case. The defendant objected that he had already



served that time and the judge disagreed and referred to “35 new days.” Eventually, the judge

told the defendant that he was “[j]ust kidding.” [Inquiry Concerning Judge Jose A. Velasquez

(2007) 49 Cal.4th CJP Supp. 175.]

Judge Petrucelli was disciplined for his remarks while presiding over a hearing concerning

spousal support in which the wife was represented by counsel and the husband was appearing in

propria persona.

Near the outset of the hearing, after questioning the husband, Judge Petrucelli asked him to go

ahead and say what he wanted to say. The husband responded, “Sir?” The judge then said, “Is

there a language problem here?” in a loud and angry tone of voice.

Judge Petrucelli made gratuitous sarcastic remarks about the husband’s affair that had caused the

divorce, (“It was cold and so you needed someone to stay warm with.”), belittling comments

about the husband’s income as a car salesman, (“You’ve got to be the lowest car salesman …

maybe you should consider doing something else. I mean, I don’t know of anybody that makes

$40,000 selling cars.”) and sarcastic remarks about the husband’s new wife, (“You’ve got a new,

young wife apparently. That’s wonderful. Is it the Mongolian lady I hope … Did she make it

back? ... Okay … so she made it to America. I hope you’re happy. That’s wonderful. We

should all be happy. So, anything else you want to tell me about the support issue?”). [Public

Admonishment of Judge James M. Petrucelli (2007).]

A judge made sarcastic and demeaning remarks to a pro per litigant in family court, including

mocking the litigant’s use of a legal term. [Com. on Jud. Performance, Ann. Rept. (2007),


A judge made a vulgar remark to a pro per respondent in a domestic violence matter. [Com. on


In an angry outburst during court proceedings, a judge expressed frustration with the judicial

system and made rude and undignified remarks to a pro per family law litigant. [Com. on Jud.


A judge made a gratuitous comment about sending a pro per litigant to jail that was likely to be

perceived as a threat. [Com. on Jud. Performance, Ann. Rept. (2003), Advisory Letter 4, p. 26.]

A judge displayed sarcasm and derision in remarks toward a pro per litigant in a civil harassment

matter. [Com. on Jud. Performance, Ann. Rept. (2001), Advisory Letter 6, p. 20.]

A judge made demeaning comments to a pro per defendant that impugned the defendant’s

intelligence. [Com. on Jud. Performance, Ann. Rept. (2000), Advisory Letter 3, p. 21.]

During a court session, a judge made harsh and intimidating remarks to one pro per defendant

and used inappropriate humor in the judge’s remarks to three other pro per defendants. [Com. on




Judge Ormsby was disciplined for conduct that included his treatment of an unrepresented

defendant who appeared before the judge for arraignment on theft charges. The defendant told

the judge that he was unemployed and attending school. The judge forced him into an

unnecessary colloquy regarding what he was learning in school and questioned him in a manner

which was demeaning, visibly embarrassing the defendant in open court. [Censure of Judge

William M. Ormsby (1996).]

A judge made harsh and demeaning comments to an elderly pro per litigant. [Com. on Jud.


A judge spoke in an excessively harsh tone to a pro per misdemeanor defendant. [Com. on Jud.


A judge joked with court spectators about having persuaded a pro per litigant to pay a mediation

fee in a family law proceeding involving child custody issues; the joke appeared to be at the

litigant’s expense. [Com. on Jud. Performance, Ann. Rept. (1995), Advisory Letter 32, p. 26.]

When a pro per litigant said that she had been given certain information about court procedures,

the judge said, “Your beautician tell you that?” The commission found the remark rude and

demeaning. [Com. on Jud. Performance, Ann. Rept. (1993), Advisory Letter 26, p. 19.]

A judge yelled at a small claims litigant for not asking questions properly. When the litigant

complained to the judge, the judge replied, “I can yell at you as much as I want to.” [Com. on


A judge was rude to pro per traffic defendants, rushing them, cutting them off and intimidating

them. There was other misconduct. [Com. on Jud. Performance, Ann. Rept. (1988), Advisory

Letter 10, p. 12.]

Addressing an obstreperous traffic court defendant, a judge made a remark which appeared to

denigrate the defendant’s national origin. [Com. on Jud. Performance, Ann. Rept. (1988),


A judge who dismissed a civil case was advised of the need for care and patience in dealing with

pro per plaintiffs. [Com. on Jud. Performance, Ann. Rept. (1987), Advisory Letter, p. 10.]

Abuse of Contempt/Sanctions

In addition to other misconduct, a judge failed to give a pro per litigant an opportunity to respond

before holding the litigant in contempt. [Com. on Jud. Performance, Ann. Rept. (2014),

Advisory Letter 24, pp. 23-24.]

In addition to other misconduct, a judge imposed sanctions on a pro per litigant without

providing an adequate opportunity to be heard. [Com. on Jud. Performance, Ann. Rept. (2013),




A judge had a pro per litigant taken into custody without following proper contempt procedures.

The judge claimed the litigant had failed to follow an order by the judge, but no clear order was

disobeyed. [Com. on Jud. Performance, Ann. Rept. (2011), Private Admonishment 8, p. 24.]

In addition to other misconduct, on the date a criminal case was set for trial, after relieving the

defendant’s attorney, the judge remanded the defendant for failing to obey the judge’s order to be

quiet, without following any of the procedures for contempt. [Com. on Jud. Performance, Ann.

Rept. (2011), Private Admonishment 3, p. 23.]

In dealing with an alleged indirect contempt – for conduct not occurring in the court’s presence –

a judge failed to provide due process by not giving the contemnor proper notice of the contempt

charge and appointing counsel as required under the circumstances. The judge immediately

remanded the contemnor to serve a jail sentence. The commission took note that the contemnor

was a difficult litigant. [Com. on Jud. Performance, Ann. Rept. (2004), Advisory Letter 8, p.

23.]

During a hearing on a petition for a restraining order, the respondent [who was not represented

by counsel] began yelling and acting aggressively. Judge Guy-Schall ordered her out of the

courtroom. The judge later asked her bailiff to see if the respondent could reappear in court and

keep herself under control. The bailiff reported to the judge that the respondent had said that if

the judge would not allow her to tell her story, she would probably “go off” again. In the

respondent’s absence, without citing her for contempt or returning her to the courtroom, the

judge found the respondent in contempt and sentenced her to five days in jail. The order failed

to state facts sufficient to constitute a contempt, as required by law. [Public Admonishment of

Judge Lisa Guy-Schall (1999).]

A judge imposed sanctions on attorneys and pro per litigants without notice or hearing for

violation of local delay reduction rules. [Com. on Jud. Performance, Ann. Rept. (1999),


In addition to other misconduct, a judge improperly jailed a traffic defendant for contempt.

[Com. on Jud. Performance, Ann. Rept. (1989), Private Admonishment H, p. 21.]

Judge Furey was removed from office for conduct that included his treatment of an individual

who appeared before the judge to request more time to pay a traffic fine. Another judge had

previously imposed a sentence of $300 or 10 days in prison. Judge Furey denied the request,

telling him “it is $300 or 10 days today.” The litigant pointed out that others in the court were

obtaining continuances, but the judge warned him to say nothing further and remanded him to

serve the 10 days. As the litigant was being directed to the lockup, he muttered the word

“tremendous” under his breath. The judge immediately adjudged him to be in contempt of court

and sentenced him to five days in jail. The litigant then articulated a long voiceless palatal

fricative (“shhh”) that the judge believed was followed by “it”; he again held the litigant in

contempt and imposed a sentence of another five days. Later that day, a deputy public defender



interceded on the litigant’s behalf and persuaded the judge, on the litigant’s apology, to purge the

contempt and grant him a continuance to pay the balance of the fine. The Supreme Court found

that the judge’s abuse of the contempt power, as well as his impatience and hostility toward an

unrepresented defendant, constituted prejudicial misconduct. [Furey v. Commission on Judicial

Performance (1987) 43 Cal.3d 1297.]

Delay

In addition to other misconduct, in a criminal matter, the judge failed to rule over a period of

nine months on a pro per defendant’s motion for appointment of an expert. [Com. on Jud.

Performance, Ann. Rept. (2013), Advisory Letter 20, pp. 22-23.]

A pro per family law litigant brought a motion to modify child support which was heard the

same day as the opposing party’s motion to modify spousal support. The judge gave the parties

two weeks for further briefing, after which the motions would be deemed submitted. Two

months later, the judge decided only the spousal support motion. Two months thereafter, the pro

per litigant began inquiring about the child support motion. The judge took no action until three

months later, when the judge ordered a further hearing on child support issues. [Com. on Jud.


Judge Spitzer was removed from office for conduct that included delay in ruling on a submitted

matter. The judge presided over a small claims trial de novo and took the matter under

submission. The judge failed to decide the case for nearly six years despite numerous inquiries

by the parties and members of the family of the plaintiff. The judge conducted a second trial de

novo in order to resolve the matter.

The commission noted that Judge Spitzer’s failure to act deprives litigants of resolution of their

disputes and grievances through the court system. “Litigants who are not represented by

counsel, as is the case in all small claims actions, are especially vulnerable when a judge fails to

take prompt action in their cases. [Inquiry Concerning Judge Robert G. Spitzer (2007) 49

Cal.4th CJP Supp. 254.]

A judge inordinately delayed decisions in two related small claims matters. In mitigation, the

judge implemented a tracking system for submitted cases. [Com. on Jud. Performance, Ann.


A judge failed to rule on a small claims matter for 10 months. [Com. on Jud. Performance, Ann.


In addition to other misconduct, a judge took 110 days to rule on a small claims case and signed

a salary affidavit incorrectly stating there were no cases pending for more than 90 days. [Com.

on Jud. Performance, Ann. Rept. (1991), Advisory Letter 25, p. 13.]



A judge delayed six and one-half months in deciding a small claims case. [Com. on Jud.


A judge delayed 107 days in rendering a decision in a small claims case. [Com. on Jud.


Disclosure/Disqualification

A judge made remarks about a pro per criminal defendant – impugning the defendant’s

character, referring to the defendant as a fraud, and accusing the defendant of being willing to

make false statements to the court – in an attempt to persuade the defendant to waive the right to

self-representation. When the defendant raised the judge’s accusations in a statement of

disqualification, the judge improperly struck the challenge rather than allowing the motion to be

decided by another judge as required by law. [Com. on Jud. Performance, Ann. Rept. (2014),


In addition to other misconduct, a judge denied the defendant’s motion to disqualify the judge for

cause. [Com. on Jud. Performance, Ann. Rept. (2011), Advisory Letter 25, p. 26.]

Judge Watson was disciplined for conduct that included failure to disclose information relevant

to the question of disqualification. The judge presided over a bench trial in three consolidated

unlawful detainer cases in which the defendant tenants were unrepresented. The judge had been

a defendant in a lawsuit filed by tenants in a building owned by the judge, which the judge did

not disclose to the litigants. The warranty of habitability was an issue in both cases. The judge’s

failure to disclose the litigation was determined by the appellate panel of the superior court to be

an irregularity that prevented the defendants from having a fair trial. [Public Admonishment of

Judge John M. Watson (2008).]

While a motion to disqualify a judge was pending, a fellow judge ordered the pro per criminal

defendant who had filed the motion to be transported to court daily despite the absence of any

scheduled proceedings. The judge’s conduct appeared to be retaliatory. [Com. on Jud.


A litigant mentioned in open court that a certain attorney had helped the party with advice and

information, prepared the judgment which the judge was being asked to sign, and had

represented the party in previous cases. The attorney was the judge’s child. The judge made no

disclosure of that fact. [Com. on Jud. Performance, Ann. Rept. (1992), Advisory Letter 10, p.

14.]

Ex Parte Communications

In addition to other misconduct, in a criminal matter, the judge engaged in an improper ex parte

communication with the defendant’s investigator. [Com. on Jud. Performance, Ann. Rept.

(2013), Advisory Letter 20, pp. 22-23.]



In addition to other misconduct, a judge engaged in ex parte communications with a witness.

The judge improperly inferred the consent of the pro per parties from the fact that they did not

object when the judge stated the intention to telephone the witness. [Com. on Jud. Performance,

Ann. Rept. (2011), Advisory Letter 26, p. 26.]

A judge granted a defendant’s motion to vacate the judgment in a small claims case based upon

an ex parte contact. [Com. on Jud. Performance, Ann. Rept. (1995), Advisory Letter 28, p. 26.]

A judge twice amended a small claims judgment dismissing two defendants after receiving

information ex parte from one of the judgment debtors. [Com. on Jud. Performance, Ann. Rept.


In addition to other misconduct, a judge received ex parte communications in a small claims

case. [Com. on Jud. Performance, Ann. Rept. (1991), Advisory Letter 25, p. 13.]

A defendant in a small claims matter requested a continuance by letter to the judge. The judge

granted the continuance, informing the plaintiff only when the plaintiff appeared for trial. [Com.

on Jud. Performance, Ann. Rept. (1989), Advisory Letter 19, p. 24.]

Non-Performance of Judicial Functions

A judge handled the multiple cases of a pro per probationer without the files and without

ascertaining or reciting the case numbers on the record. The judge failed to implement

previously promised action in the cases, including vacating future court dates. This failure,

combined with errors by others, led to the probationer’s being arrested and incarcerated for more

than a week. [Com. on Jud. Performance, Ann. Rept. (2009), Advisory Letter 20, p. 20.]

Rev. 5/2015

Investigative Reporting, News, Analysis, Opinion & Satire

Sacramento Family Court NewsHOME TEMPORARY JUDGE CONTROVERSY 3rd DISTRICT COA CONTROVERSY

TANI G. CANTIL-SAKAUYE ATTORNEY MISCONDUCT SOURCE MATERIAL ARCHIVE RoadDog SATIRE

ABOUT SFCN CONTACT FAMILY COURT NEWS Terms & Conditions Privacy Policy

TEMPORARY JUDGE CONTROVERSY

Sacramento Family Court News Exclusive Investigative ReportThis special investigative report is ongoing and was last updated in October, 2015. Hyperlinks throughout this

report link to original source material including whistleblower leaked documents, records obtained under

public records law, public court documents, and our previously published articles with hyperlinks to source

material.

The family court division of Sacramento Superior Court is controlled and operated by an illegal parallel government structure made up of several judges and local divorce attorneys who also work as temporary judges, according to allegations and document leaks by court employee whistleblowers and watchdog groups.

The shadow government is without the same transparency and accountability required of legitimate Judicial Branch agencies, and meets the legal definition of a criminal racketeering enterprise, whistleblowers charge.

The alleged criminal organization reportedly has operated for more than 20 years under the direction of long-controversial Judge Peter McBrien, who has a prior Sacramento County criminal conviction and two misconduct convictions by the state Commission on Judicial Performance.

McBrien quietly retired in 2014 and, due to his prior CJP misconduct convictions, is prohibited from continuing to work as a retired judge, according to former CJP prosecutor and current Lake County Superior Court Judge Andrew Blum.

But, using a loophole in state law, after he retired McBrien was immediately rehired as a court commissioner by personal friend and Sacramento Superior Court Presiding Judge Robert Hight. Currently, McBrien remains on the bench in virtually the same role he maintained as a judge.

The whistleblowers assert that divorce lawyers in the organization receive preferential treatment, "kickbacks," and other forms of compensation from judges, court employees and clerks because they volunteer to work as part-time judges and run the family court settlement conference program on behalf of the court.

Sacramento Superior Court Family Law Division Operates as RICO Racketeering Enterprise, Charge Whistleblowers

Sacramento Superior Court reform advocates assert that collusionbetween judges and local attorneys deprives pro per court users of

their parental rights, community assets, and due process and accessto the court constitutional rights.

JUDICIAL MISCONDUCT (72)

JUDGE PRO TEM (51)

ATTORNEY MISCONDUCT (37)

MATTHEW J. GARY (34)

KICKBACKS (33)

FLEC (28)

PETER J. McBRIEN (26)

ARTS & CULTURE (23)

CHILD CUSTODY (23)

ROBERT SAUNDERS (22)

SCBA (22)

CJP (21)

JAMES M. MIZE (21)

CHARLOTTE KEELEY (19)

EMPLOYEE MISCONDUCT (19)

WATCHDOGS (19)

PRO PERS (18)

DIVORCE CORP (17)

DOCUMENTS (17)

PAULA SALINGER (15)

ROBERT HIGHT (14)

SACRAMENTO SUPERIOR COURT (13)

CARLSSON CASE (12)

RAPTON-KARRES (12)

APPEALS (11)

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The kickbacks usually consist of "rubber-stamped" court orders issued when the attorneys represent clients in court. The orders consistently are contrary to established law, and the rulings cannot be attributed to the exercise of judicial discretion.

As a matter of law, the orders are illegal, according to court reform advocates, "outsider" attorneys, and the law practice reference publications used by judges and lawyers. SFCN has posted examples of the orders online at Scribd and other document publishing sites. Order links are provided throughout this report.

Most of the demonstrably unlawful orders are issued against indigent, or financially disadvantaged "pro per" parties without an attorney. Many pro per litigants - who make up over 70 percent of court users - also are disabled.

In most cases, pro pers - who have little or no knowledge of family law - are unaware that the orders issued against them are illegal. In addition, court clerks and employees are trained or encouraged to intentionally, and illegally mislead unrepresented parties about their appeal rights. Pro pers who do attempt to file an appeal are forced to navigate a gauntlet of unlawful obstructions erected by court employees and trial court judges, and most eventually give up.

Further handicapping pro pers, when representing clients in court judge pro tem lawyers are allowed to obstruct an opposing parties' court access and ability to file documents through the court-sanctioned misuse of vexatious litigant law and Family Code case management law, according to whistleblowers and court records. The illegal litigation tactic effectively deprives pro per litigants of their constitutional right of access to the courts, a violation of federal law.

In exchange for acting as sworn temporary judges, operating the settlement program and reducing the caseload and workload of judges and court employees, the attorneys also receive preferential trial scheduling, an unlawful "emolument, gratuity or reward" prohibited by Penal Code § 94.

The ultimate consequences of the systemic divorce court corruption include one-sided divisions of community property, illegal child custody arrangements and the deprivation of parental rights, and unlawful child and spousal support terms.

Court reform advocates also assert that the racketeering enterprise enables rampant fee churning and unjust enrichment by judge pro tem divorce lawyers, results in pro per financial devastation, homelessness, and imprisonment, and has caused, or contributed to at least two child deaths.

Years of illegal, pay-to-play child custody orders have resulted in the formation of several Sacramento-based court reform and oversight organizations, including Fathers 4 Justice, California Protective Parents Association, and the Family Court Accountability Coalition. The same family court watchdog group phenomenon has not occurred in any other county in the state.

The alleged criminal conduct also deprives victims of their state and federal constitutional rights, including due process, equal protection of law, access to the courts, and the fundamental liberty interest in the care, management and companionship of their own children, according to several "outsider" attorneys.

Court watchdogs charge that the settlement conference kickback arrangement between the public court and private sector attorneys constitutes a racketeering enterprise which also deprives the public of the federally protected right to honest government services.

The alleged federal crimes also include the theft, misuse, or conversion of federal funds received by the court, predicate acts of mail or wire fraud, and predicate state law crimes, including obstruction of justice, child

Scheme Primarily Targets Divorce Cases Where Only One Side Has a Lawyer

During three days of sworn testimony at his Commission on Judicial Performance misconduct prosecution, Judge Peter McBrien inadvertently revealed aspects of an alleged RICO racketeering enterprise operating in the Sacramento County family court system.

COLOR OF LAW SERIES (11)

CONFLICT OF INTEREST (11)

SATIRE (11)

WHISTLEBLOWERS (11)

WOODRUFF O'HAIR POSNER and SALINGER (11)

JAIME R. ROMAN (10)

LAURIE M. EARL (10)

NO CONTACT ORDERS (10)

SHARON A. LUERAS (10)

FERRIS CASE (9)

JESSICA HERNANDEZ (8)

ROBERT O'HAIR (8)

CANTIL-SAKAUYE (7)

JULIE SETZER (7)

MATTHEW HERNANDEZ (7)

YOUTUBE (7)

3rd DISTRICT COA (6)

CIVIL RIGHTS (6)

CHRISTINA ARCURI (5)

CONTEMPT (5)

MIKE NEWDOW (5)

THADD BLIZZARD (5)

FAMILY LAW FACILITATOR (4)

LUAN CASE (4)

MALPRACTICE (4)

THOMAS M. CECIL (4)

CHILD ABDUCTION (3)

VANCE W. RAYE (3)

VEXATIOUS LITIGANT (3)

RACKETEERING (2)

Electronic Frontier Foundation

First Amendment Coalition

Californians Aware

WE SUPPORT

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abduction, and receipt of an illegal emolument, gratuity, or reward by a judicial officer (Penal Code § 94).

With the help of court employee whistleblowers, Sacramento Family Court News has partially reconstructed the framework of the alleged criminal enterprise that, in scale and scope, rivals the Kids for Cash court scandal in Luzerne County, Pennsylvania, and the Orange County Superior Court case-fixing corruption scheme recently exposed by the FBI.

The current day Sacramento County Family Court system and judge pro tem attorney operated settlement conference program was set up in 1991 by Judge Vance Raye, Judge Peter McBrien and lawyers from the Sacramento County Bar Association Family Law Section, according to the sworn testimony of McBrien at his 2009 Commission on Judicial Performance misconduct prosecution.

Click here to read the transcript of the controversial judge's testimony.

In his own testimony during the same proceedings, local veteran family law attorney and judge pro tem Robert J. O'Hair corroborated McBrien's testimony and attested to McBrien's character and value to Sacramento County Bar Association Family Law Section members. Click here to view this excerpt of O'Hair's testimony. To view O'Hair's complete testimony, click here.

Judge Vance Raye is now the Presiding Justice of the 3rd District Court of Appeal in Sacramento, the court responsible for hearing appeals from Sacramento Superior Court. The appellate court has been embroiled in a number of controversies surrounding the review of Sacramento family court cases.

In 2012, troubled Sacramento County Judge James Mize, - a personal friend of McBrien - further privatized family court services and expanded the ability of ostensibly "volunteer" temporary judge lawyers to earn kickbacks and other preferential treatment with his so-called "One Day Divorce Program."

Court watchdogs charge that the system was designed to, and does serve the needs and financial interests of family law lawyers at the expense of the 70 percent of family court users who cannot afford representation.

One objective of the allegedly illegal public-private partnership is to significantly reduce the caseload, and workload of full-time judges by having private sector lawyers - instead of judges or court staff - operate the settlement program, according to watchdogs.

At the settlement conferences, judge pro tem attorneys pressure divorcing couples to settle cases so they won't use the trial court services, including law and motion hearings, ordinarily required to resolve a contested divorce.

In many cases, two lawyers - one acting as a temporary judge - with social and professional ties team up against an unrepresented pro per to compel one-sided settlement terms. Accounts of coercive and deceptive tactics are common.

In sworn testimony during his judicial misconduct prosecution by the Commission on Judicial Performance,

Settlement Conference Program Quid Pro Quo Arrangement

3rd District Court of Appeal Presiding Justice Vance Rayeis the co-architect of the current Sacramento County Family

Court system. Click here for details.

Reducing the Caseload and Workload of Judges and Court Staff in Exchange for Kickbacks

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https://en.wikipedia.org/wiki/Kids_for_cash_scandal

http://kidsforcashthemovie.com/

http://www.ocregister.com/articles/court-667679-defendants-borris.html

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Judge McBrien inadvertently revealed that an incredible 90 percent of cases assigned to his courtroom settled. "And so I, frankly, have a very light calendar on law and motion mornings," the judge added.

Under the quid pro quo agreement, in exchange for reducing the workload of judges and court staff, as opportunities arise the temporary judge attorneys are provided reciprocal kickbacks, gratuities, or emoluments when representing clients in court. The issuance and receipt of the reciprocal benefits violates several state and federal criminal, and civil laws.

Reciprocal benefits include the issuance of demonstrably illegal court orders that have ignored, and even authorized criminal conduct by judge pro tem attorneys and their clients, including criminal child abduction.

In one case, a judge ordered the illegal arrest and assault of a disabled pro per to benefit the opposing, part-time judge attorney. A court employee whistleblower leaked a courtroom security video of the incident. The judge pro tem lawyer subsequently was caught on court reporter transcript defending the judge and lying about the arrest and assault, portraying the disabled victim as being at fault.

The consistent, statistically impossible in-court success rate of judge pro tem attorneys has provided them prominence, client referrals, wealth, and a substantial monopoly on the Sacramento County divorce and family law business. Whistleblowers point out that this benefit of the alleged criminal organization also implicates consumer protection and antitrust laws, including the California Unfair Business Practices Act.

The 2014 documentary film Divorce Corp exposed courtcorruption throughout the United States and designated

Sacramento County as the worst-of-the-worst.

Racketeering Scheme Insulates Members from Government Oversight and Accountability

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The quid pro quo arrangement also involves what whistleblowers assert is a reciprocal protection racket that conceals the organization from discovery by law enforcement agencies and state oversight authorities, including the Commission on Judicial Performance, responsible for judge misconduct, and the State Bar Association, responsible for attorney accountability and discipline.

Case audits conducted by SFCN show that judge pro tem attorneys routinely violate state law, court rules, and attorney ethics rules, but are never reported to the State Bar, or assessed fines, penalties or "sanctions" by full-time judges as required by state law.

Pro pers who attempt to report judge pro tem attorney misconduct to the State Bar are told they need a court order from a judge before a disciplinary investigation against an opposing attorney can take place. There are no known instances where a judge issued such an order.

Court records leaked by whistleblowers also indicate that the under quid pro quo agreement, judges effectively shield attorneys from criminal investigation and prosecution for alleged crimes, including witness intimidation, child abduction, filing counterfeit documents, and violations of state and federal civil rights laws.

On the other hand, at the request of cartel attorneys, pro per litigants are routinely punished by judges with illegal fines, draconian financial sanctions, and other types of punishment to discourage them from returning to court, and to coerce them to accept settlement terms dictated by the opposing judge pro tem lawyers.

Attorneys provide judges reciprocal protection by not reporting the judicial misconduct, Code of Judicial Ethics violations, and criminal conduct committed by full-time judge cartel members. And the lawyers do more.

To help conceal and ensure the continuity of the enterprise, on the rare occasion when full-time judges do face investigation by the Commission on Judicial Performance, members of the cartel provide false, misleading, or otherwise gratuitous character witness testimony and other forms of support for the offending judge. The testimony and support is designed to, and does reduce or eliminate potential punishment by the CJP, ensuring judge members remain on the bench.

The racketeering activity includes startling coordination, kickbacks, and pattern and practice misconduct by court clerks, supervisors, and the Family Law Facilitator office. Court clerks routinely refuse to file legally sufficient paperwork for pro per parties, while at the same time filing legally insufficient, and even counterfeit paperwork - which they are required by law to reject for filing - for judge pro tem attorneys.

Whistleblowers claim that Sacramento Family Court corruption results in the misuse of federal funds, deprives the public of the federally protected right to honest government services, and deprives unrepresented, disabled, and financially disadvantaged court users of their

civil rights.

Racketeering Conduct of Court Clerks, Supervisors and the Family Law Facilitator

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In some cases, judges and court clerks work in tandem to prevent pro per parties from filing documents at court hearings for the benefit of judge pro tems, deliberately creating an incomplete and inaccurate trial court record in the event the pro per files an appeal.

Court records show that clerks also deliberately withhold and delay the filing of time sensitive pro per documents until after filing deadlines have expired.

Family Law Facilitator staff provide pro per litigants with false information designed to conceal state law violations by court clerks and supervisors. Judges regularly provide attorneys with written legal advice and "bench tips." When pro pers ask facilitator staff for similar information, they are told that facilitator employees are prohibited from giving legal advice.

Court reform and accountability advocates assert that the local family law bar - through the Family Law Executive Committee or FLEC - continues to control for the financial gain of members virtually all aspects of court operations, and have catalogued documented examples of judge pro tem attorney preferential treatment and bias against unrepresented litigants and "outsider" attorneys, including:

Divorce Corp, a documentary film that "exposes the corrupt and collusive industry of family law in the United States" was released in major U.S. cities on January 10, 2014. After a nationwide search for the most egregious examples of family court corruption, the movie's production team ultimately included four cases from Sacramento County in the film, more than any other jurisdiction.

Judge pro tem attorneys Charlotte Keeley, Richard Sokol, Elaine Van Beveren and Dianne Fetzer are each accused of unethical conduct in the problem cases included in the movie. The infamous Carlsson case, featuring judge pro tem attorney Charlotte Keeley and Judge Peter McBrien is the central case profiled in the documentary, with Sacramento County portrayed as the Ground Zero of family court corruption and collusion in the U.S. Click here for our complete coverage of Divorce Corp.

Judge Thadd Blizzard issued a rubber-stamped, kickback order in November, 2013 for judge pro tem attorney Richard Sokol authorizing an illegal out-of-state move away and child abduction by Sokol's client, April Berger. The opposing counsel is an "outsider" attorney from San Francisco who was dumbfounded by the order. Click here for our exclusive report, which includes the complete court reporter transcript from the hearing. Click here for our earlier report on the unethical practice of "hometowning" and the prejudicial treatment of outsider attorneys.

Whistleblower leaked court records indicate that Sacramento Bar Association Family Law Executive Committee officer and judge pro tem attorney Paula Salinger engaged in obstruction of justice crimes against an indigent, unrepresented domestic violence victim. The victim was a witness in a criminal contempt case against a Salinger client. The circumstances surrounding the obstruction of justice incident also infer collusion between Salinger and controversial Judge Matthew J. Gary. For our complete investigative report, click here.

In this case, a court clerk illegally "unfiled" a notice of appeal filed by an indigent,disabled pro per litigant. Click here for details.

Alleged RICO Racketeering Enterprise Evidence

Divorce Corp, chronicling Sacramento Superior Court corruption,is available on Netflix.

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Two "standing orders" still in effect after being issued by Judge Roland Candee in 2006 override a California Rule of Court prohibiting temporary judges from serving in family law cases where one party is self-represented and the other party is represented by an attorney or is an attorney. The orders were renewed by Presiding Judge Laurie M. Earl in February, 2013. Click here for details.

Sacramento Family Court judges ignore state conflict of interest laws requiring them to disclose to opposing parties when a judge pro tem working as a private attorney represents a client in family court. Click here for our exclusive investigative report. Click here for a list of other conflict of interest posts.

Family court policies and procedures, including local court rules, are dictated by the SCBA Family Law Executive Committee for the financial benefit of private sector attorneys, and often disadvantage the 70 percent of court users without lawyers, according to family court watchdogs and whistleblowers. For example, in sworn testimony by Judge Peter McBrien before the Commission on Judicial Performance, McBrien described seeking and obtaining permission from FLEC to change a local rule. Click here and here.

In November, 2012 Sacramento Family Court Judge Jaime R. Roman issued a rubber-stamped, kickback order declaring a family court party a vexatious litigant and ordering him to pay $2,500 to the opposing attorney, both without holding the court hearing required by law. The opposing attorney who requested the orders is Judge Pro Tem Charlotte Keeley. The blatantly illegal orders resulted in both an unnecessary state court appeal and federal litigation, wasting scarce judicial resources and costing taxpayers significant sums. Click here for our exclusive coverage of the case.

Judge Matthew Gary used an unlawful fee waiver hearing to both obstruct an appeal of his own orders and help a client of judge pro tem attorney Paula Salinger avoid paying spousal support. Click here for our investigative report.

An unrepresented, disabled 52-year-old single mother was made homeless by an illegal child support order issued by Judge Matthew Gary for SCBA Family Law Section attorney Tim Zeff, the partner of temporary judge Scott Buchanan. The rubber-stamped, kickback child support order, and other proceedings in the case were so outrageous that the pro per is now represented on appeal by a team of attorneys led by legendary trial attorney James Brosnahan of global law firm Morrison & Foerster. For our exclusive, ongoing reports on the case, click here.

Judge pro tem attorneys Richard Sokol and Elaine Van Beveren helped conceal judge misconduct and failed to comply with Canon 3D(1) of the Code of Judicial Ethics when they were eyewitnesses to an unlawful contempt of court and resisting arrest incident in Department 121. Both Sokol and Van Beveren failed to report the misconduct of Judge Matthew Gary as required by state law. Van Beveren is an officer of the SCBA Family Law Executive Committee. Click here for our exclusive report...

...Four years later, Sokol and Van Beveren in open court disseminated demonstrably false and misleading information about the unlawful contempt of court and resisting arrest incident. The apparent objective of the judge pro tem attorneys was to discredit the victim of Gary's misconduct, trivialize the incident, and cover up their own misconduct in failing to report the judge. For our follow-up reports, click here. In 2014, a video of the illegal arrest and assault was leaked by a government whistleblower. Click here for details. Watch the exclusive Sacramento Family Court News video below:

Divorce attorney Charlotte Keeley (R) and her client Katina Rapton ofMel Rapton Honda leave a court hearing. Keeley reportedly has billed

Rapton more than $1 million in connection with a child custody dispute.

JAIME R. ROMAN (10)

JAMES M. MIZE (21) JEFFREY POSNER (6)

JESSICA HERNANDEZ (8)

JUDGE PRO TEM (51)

JUDGES (10)

JUDICIAL COUNCIL (6)

JUDICIAL MISCONDUCT (72)

JULIE SETZER (7) KICKBACKS (33) LAURIE M. EARL (10)

LAW SCHOOL (5) LAWYERS (7)

LOLLIE ROBERTS (5)

MATTHEW

HERNANDEZ (7) MATTHEW J. GARY (34)

MIKE NEWDOW (5)

NEWS (32) NEWS EXCLUSIVE (24)

NO CONTACT ORDERS (10)

OPINION (12) PAULA SALINGER (15) PETER J. McBRIEN (26) PRO PERS (18) PROTEST (9)

RAPTON-KARRES (12) RICHARD SOKOL (12) ROBERT HIGHT (14) ROBERT O'HAIR (8) ROBERT SAUNDERS

(2) HONEST SERVICES (4)INDIGENT (1) INFIGHTING (1) J.

STRONG (2) JACQUELINE ESTON (2)

JAMES BROSNAHAN (2)

JERRY BROWN (1) JERRY GUTHRIE (1)

JODY PATEL (1) JOE SORGE (2) JOHN E.B. MYERS (1) JOSEPH SORGE (1) JOYCE KENNARD (1)

JOYCE TERHAAR (1) JRC (1)

JUDGE (1)

JUDGE

SALARIES (1) JUDICIAL CONDUCT HANDBOOK

(1)

JUDY HOLZER

HERSHER (1)

KIDS FOR CASH (2) LAW LIBRARY

(1) LAWYER (1) LEGAL AID ASSOCIATION of

CALIFORNIA (1) LEGISLATURE (1) LEON KOZIOL (1) LINCOLN (1)LISTS (4)

LOUIS MAURO (1) LUAN CASE (4) MALPRACTICE (4)MARTIN HOSHINO (2) MARY

MOLINARO (1)

MCGEORGE SOL (2)MEDIA (1) MICHAEL T. GARCIA

(1) NANCY GRACE (1) NANCY

PERKOVICH (4) NEW YORK TIMES (2)

NEWS YOU CAN USE (3) News10 (1)

OPEN GOVERNMENT (2)

PARENTAL ALIENATION (1)

PERJURY (1)

PHILLIP HERNANDEZ (3)PRESIDING JUDGE (2)

PSY (1) PUBLIC RECORDS (1)RACKETEERING (2) RAOUL M.

THORBOURNE (1)

RECOGNITION/AWARDS (4)REVISIONISM SERIES (2)

RICO (2)


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http://sacramentocountyfamilycourtnews.blogspot.com/2012/03/temporary-judge-list-now-available.html

http://sacramentocountyfamilycourtnews.blogspot.com/2013/01/Judge-Pro-Tem-conflict-of-interest-Family-Court-Sacramento-judges-temporary-judges-Commission-on-Judicial-Performance-Code-Of-Judicial-Ethics-California-Judges-Association-Sacramento-County-Superior-Court.html








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http://sacramentocountyfamilycourtnews.blogspot.com/2013/03/Judge-Jaime-R-Roman-Certified-Family-Law-Specialist-Charlotte-L-Keeley-Judge-Pro-Tem-Sharon-Huddle-Andrew-Karres-Katina-Rapton-vexatious-litigant-class-action-lawsuit-child-custody-visitation-Sacramento-Family-Court.html









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http://www.abajournal.com/magazine/article/james_brosnahan

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In 2008 controversial family court Judge Peter J. McBrien deprived a family court litigant of a fair trial in a case where the winning party was represented by judge pro tem attorney Charlotte Keeley. In a scathing, published opinion, the 3rd District Court of Appeal reversed in full and ordered a new trial. 6th District Court of Appeal Presiding Justice Conrad Rushing characterized McBrien's conduct in the case as a "judicial reign of terror." McBrien subsequently was disciplined by the Commission on Judicial Performance for multiple acts of misconduct in 2009. Click here to read the court of appeal decision. Click here to read the disciplinary decision issued by the CJP.

Judge pro tem attorneys Camille Hemmer, Robert O'Hair, Jerry Guthrie and Russell Carlson each testified in support of Judge Peter J. McBrien when the controversial judge was facing removal from the bench by the Commission on Judicial Performance in 2009. As a sworn temporary judges aware of McBrien's misconduct, each was required by Canon 3D(1) of the Code of Judicial Ethics to take or initiate appropriate corrective action to address McBrien's misconduct. Instead, each testified as a character witness in support of the judge. In the CJP's final disciplinary decision allowing McBrien to remain on the bench, the CJP referred specifically to the testimony as a mitigating factor that reduced McBrien's punishment. Click here. Court records indicate that Judge McBrien has not disclosed the potential conflict of interest to opposing attorneys and litigants in subsequent appearances by the attorneys in cases before the judge. Click here for SFCN coverage of conflict issues.

Judge pro tem attorneys Terri Newman, Camille Hemmer, Diane Wasznicky and Donna

Reed were involved in a proposed scheme to rig a recall election of controversial Judge Peter J. McBrien in 2008. The plan involved helping McBrien defeat the recall by electing him "Judge of the Year" before the November election. Click here for the Sacramento News and Review report.

Judge pro tem attorney Robert J. O'Hair testified as a character witness for controversial Judge Peter J. McBrien at the judge's second CJP disciplinary proceeding in 2009. Paula Salinger, an attorney at O'Hair's firm, Woodruff, O'Hair Posner & Salinger was later granted a waiver of the requirements to become a judge pro tem. A family court watchdog asserts the waiver was payback for O'Hair's testimony for McBrien. Click here to read our exclusive investigative report.

In cases where one party is unrepresented, family court clerks and judges permit judge pro tem attorneys to file declarations which violate mandatory state court rule formatting requirements. The declarations - on blank paper and without line numbers - make it impossible for the pro per to make lawful written evidentiary objections to false and inadmissible evidence. Click here for our report documenting multiple state court rule violations in a motion filed by SCBA Family Law Section officer and temporary judge Paula Salinger. To view the pro per

Court records show that Judge Jaime Roman (L) and Judge Matthew Garyroutinely issued demonstrably illegal court orders for the benefit of local attorneys who also work as part-time judges in family court. Both judges

have been reassigned out of the family courthouse.

(22)

SACRAMENTO FAMILY COURT (14) SACRAMENTO SUPERIOR COURT (13)

SATIRE (11) SCBA (22) SCOTT BUCHANAN (5)

SHARON A. LUERAS (10) SHARON HUDDLE (6)

SOCIOECONOMIC BIAS (5) STATE AUDITOR (6) STATE BAR (5)

SUNDAY FUNNIES (15)

THADD BLIZZARD (5)

THOMAS WOODRUFF (5) TIMOTHY ZEFF (6)

ULF CARLSSON (7)

WATCHDOGS (19)

WHISTLEBLOWERS (11) WOODRUFF O'HAIR POSNER and SALINGER (11)

YOUTUBE (7)

ROLAND L. CANDEE (1)RON BURGUNDY (1) RONALD

ROBIE (1) RUSSELL CARLSON (4) RUSSELL L. HOM (1) RYDER SALMEN (2) S. HINMAN (3)

SACRAMENTO BEE (4)SACRAMENTO COUNTY

SUPERIOR COURT (2)

SANCTIONS (2) SANTA CLARA LAW SCHOOL (1) SARAH ANN STEPHENS (1)

SCHWARZENEGGER (1) SCOTT

KENDALL (1) SCSD (1) SEATON CASE (1) SELF-HELP (1)

SETTLEMENT CONFERENCE (2) SFCN READERSHIP DATA (4)

SO YOU WANT TO GO TO LAW SCHOOL (4)

STEPHEN WAGNER (2) STEUART LEAVENWORTH (1) STEVE WHITE (2) STEVEN GEVERCER (1) STEVEN SPIELBERG (1)

SUNSHINE WEEK (2)SUPERIOR COURT (2)

SUPREME COURT (3) TAMI BOGERT (1) TAXPAYERS (1)

TERRY FRANCKE (1) THADDEUS

STEVENS (1) THE RUTTER GROUP (1) THOMAS M. CECIL (4)

TOMMY LEE JONES (1)

UNITED NATIONS (1) UPDATE (2)

VANCE W. RAYE (3)VEXATIOUS LITIGANT (3)

VICTORIA HENLEY (1) VICTORY OUTREACH CHURCH (1) VL-CLASS-ACTION (1) WALL STREET JOURNAL (1) WASTE (1)

WHISTLEBLOWER PROTECTION ACT (2)

WHITE HOUSE (1)

XAPURI B. VILLAPUDUA (3) YOLO COUNTY (1)

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http://www.newsreview.com/sacramento/judge-not-lest-ye-be/content?oid=666707


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responsive declaration objecting to the illegal filing click here, and click here for the pro per points & authorities.

Family court clerks and judges allow judge pro tem attorneys to file a fabricated "Notice of Entry of Findings and Order After Hearing" in place of a mandatory Judicial Council Notice of Entry of Judgment FL-190 form. The fake form omits critical appeal rights notifications and other information included in the mandatory form. Click here for our exclusive report.

Sacramento Family Court temporary judge and family law lawyer Gary Appelblatt was charged with 13-criminal counts including sexual battery and penetration with a foreign object. The victims were clients and potential clients of the attorney. The judge pro tem ultimately pleaded no contest to four of the original 13-counts, including sexual battery, and was sentenced to 18-months in prison. Court administrators concealed from the public that Appelblatt held the Office of Temporary Judge.Click here to read our report.

Judge pro tem and SCBA Family Law Section attorney Scott Kendall was disbarred from the practice of law on Nov. 24, 2011. Kendall was disbarred for acts of moral turpitude, advising a client to violate the law, failing to perform legal services competently, and failing to keep clients informed, including not telling a client about a wage garnishment order and then withdrawing from the same case without notifying the client or obtaining court permission. Court administrators concealed from the public that Kendall held the Office of Temporary Judge. Click here to view our report.

Judge pro tem attorneys Nancy Perkovich and Jacqueline Eston in 2008 helped Donna Gary - the wife of Judge Matthew J. Gary - promote and market ClientTickler, a client management software program for attorneys. The judge reportedly has never disclosed the conflict of interest as required by the Code of Judicial Ethics. Click here for our exclusive report on the controversy.

In February, 2013 the website of family law firm Bartholomew & Wasznicky cut off the public from the only online access to The Family Law Counselor, a monthly newsletter published by the Sacramento Bar Association Family Law Section. Lawyers at the firm include judge pro tem attorneys Hal Bartholomew, Diane Wasznicky and Mary Molinaro. As SFCN has reported, articles in the newsletter often reflect an unusual, collusive relationship between SCBA attorneys and court administrators and judges. Click here for our report.

Family court reform advocates assert that judge pro tem attorneys obtain favorable court rulings on disputed issues at a statistically improbable rate. The collusion between full-time judges and judge pro tem attorneys constitutes unfair, fraudulent, and unlawful business practices, all of which are prohibited under California unfair competition laws, including Business and Professions Code § 17200, reform advocates claim.

Unfair competition and the collusion between judges and judge pro tem attorneys ultimately results in unnecessary appeals burdening the appellate court system, and other, related litigation that wastes public funds, exposes taxpayers to civil liability, and squanders scarce court resources.

Watchdogs point out that the court operates what amounts to a two-track system of justice. One for judge pro tem attorneys and another for unrepresented, financially disadvantaged litigants and "outsider attorneys." Two-track systems are prohibited by the Code of Judicial Ethics, according to the Commission on Judicial Performance and the California Judicial Conduct Handbook, the gold standard reference on judge misconduct. Click here for articles about the preferential treatment given judge pro tem attorneys. Click here for examples of how pro pers are treated.

After representing a client in Sacramento Family Court, San Francisco attorney Stephen R. Gianelli wrote "this is a 'juice court' in which outside counsel have little chance of prevailing...[the] court has now abandoned even a pretense of being fair to outside counsel." Click here to read Gianelli's complete, scathing account.

The Sacramento County Bar Association Family Law Section is led by an "Executive Committee" ("FLEC") of judge pro tem attorneys composed of Chair Russell Carlson, Vice Chair Elaine Van Beveren, Treasurer Fredrick Cohen and Secretary Paula Salinger. Three of the four have been

Sacramento Superior Court Judge James Mize testified as a character witness insupport of controversial Judge Peter McBrien when McBrien was facing removal

from the bench by the state Commission on Judicial Performance.

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http://sacramentocountyfamilycourtnews.blogspot.com/2013/02/judge-pro-tem-temporary-judge-program-sacramento-superior-court-bar-association-family-court-family-law-attorney-gary-appelblatt-divorce-lawyer-criminal-case.html#more




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http://sacramentocountyfamilycourtnews.blogspot.com/2013/02/The-Family-Law-Counselor-attorney-Mary-C-Molinaro-attorney-Hal-D-Bartholomew-attorney-Diane-E-Wasznicky-Bartholomew-and-Wasznicky-Sacramento-County-Bar-Association-Family-Law-Section-FLEC-Divorce-with-Respect-child-custody.html




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http://www.abajournal.com/mobile/comments/judges_abrupt_end_to_testimony_results_in_new_trial






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involved in legal malpractice litigation, violations of the Code of Judicial Ethics, or as a defendant in federal civil rights litigation. Click here to read SFCN profiles of the Executive Committee members. Click here for other articles about FLEC.

Judge pro tem attorneys are by law required to take or initiate corrective action if they learn that another judge has violated any provision of the Code of Judicial Ethics, or if a lawyer has violated any provision of the California Rules of Professional Conduct. Family court watchdogs assert that temporary judges regularly observe unethical and unlawful conduct by family court judges and attorneys but have never taken or initiated appropriate corrective action, a violation of the judge pro tem oath of office. To view the applicable Code of Judicial Ethics Canons, Click here. For a Judicial Council directive about the obligation to address judicial misconduct, a critical self-policing component of the Code of Judicial Ethics, click here.

For information about the role of temporary judges in family court, click here. For official Sacramento County Superior Court information about the Temporary Judge Program click here. Using public records law, Sacramento Family Court News obtained the list of private practice attorneys who also act as judge pro tems in Sacramento Family Law Court. Each lawyer on the list below is currently a temporary judge, or was a temporary judge in 2009, 2010, 2011, 2012 or 2013. SFCN cross-checked each name on the Sacramento County judge pro tem list with California State Bar Data. The first name in each listing is the name that appears on the Sacramento County judge pro tem list, the second name, the State Bar Number (SBN), and business address are derived from the official State Bar data for each attorney. The State Bar data was obtained using the search function at the State Bar website.

For-profit, private sector lawyers who also hold the Office of Temporary Judge:

Sandy Amara, Sandra Rose Amara, SBN 166933, Law Office of Sandra Amara,1 California Street, Auburn, CA 95603.

Mark Ambrose, Mark Anthony Ambrose, SBN 141222, Law Offices of Mark A. Ambrose, 8801 Folsom Blvd. Ste. 170, Sacramento, CA 95826. Ambrose unethically advertises himself as a temporary judge.

Kathleen Amos, Kathleen Swalla Amos, SBN 112395, Attorney at Law & Mediator, 206 5th

Street, Ste. 2B Galt, CA 95632.

Gary Appelblatt, Gary Michael Appelblatt, SBN 144158, 3610 American River Drive #112, Sacramento, CA 95864. Appelblatt was disbarred by the State Bar on Sept. 24, 2010 after being convicted of sexual battery against clients. Click here for our exclusive report. Appelblatt is a graduate of McGeorge School of Law.

Beth Appelsmith, Beth Marie Appelsmith, SBN 124135, 1430 Alhambra Blvd. Sacramento CA 95816.

Bunmi Awoniyi, Olubunmi Olaide Awoniyi, SBN 154183, Law Office of Bunmi Awoniyi a PC, 1610 Executive Ct. Sacramento, CA 95864. Awoniyi unethically advertises herself as a temporary judge. Awoniyi was appointed a Superior Court Judge in December 2012 and holds court in Department 120 of Sacramento Family Court.

A number of family court whistleblowers have leaked court records indicating that judge pro tem attorneys receive from

judges kickbacks and other preferential treatment in exchange for operating the family court settlement conference program.

http://sacramentocountyfamilycourtnews.blogspot.com/2013/02/Sacramento-Bar-Association-Family-Law-Section-FLEC-attorneys-Russell-Carlson-Elaine-Van-Beveren-Fredrick-Cohen-Paula-Salinger-Judge-Pro-Tem-Sacramento-Superior-Court-Family-Court-Temporary-Judge-Conflict-Of-Interest.html#more


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http://www.saccourt.ca.gov/general/temporary-judge.aspx



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May 2011

Speaking up about judicial misconduct

By Janice M. Brickley

Highly publicized corruption scandals involving government officials

provide fertile ground for Monday morning pundits. They can also be a

catalyst for education and positive change. Such is the case with the “kids

for cash” judicial corruption scandal in Luzerne County, Pennsylvania. In

an article published in the March Bar Journal, I discussed the

Pennsylvania Judicial Conduct Board’s failure to follow through with a

complaint concerning the judges involved in the scandal and what the California

Commission on Judicial Performance has done to ensure that its rules and procedures

are not susceptible to the failures that occurred in Pennsylvania. This article examines

the role of an attorney in exposing judicial corruption and abuse in the context of the

“kids for cash” scandal.

Two former judges, Mark A. Ciavarella Jr. and Michael T. Conahan, were charged with

federal crimes based on their participation in a scheme to close down a county juvenile

detention facility and contract for the placement of juveniles with for-profit facilities in

exchange for a secret “finder’s fee” of $997,600. Juveniles were sent to the private

detention facilities by Ciavarella at the same time both judges were accepting payoffs

from the owner of the facilities. Conahan pleaded guilty to one count of racketeering

and in February, Ciavarella was convicted by jury of 12 felony counts, including

racketeering, conspiracy and money laundering conspiracy. Both men are awaiting

sentence.

The Report of the Pennsylvania Interbranch Commission on Juvenile Justice, issued last

May, examines the circumstances that led to the “kids for cash” scandal, including the

role of attorneys who appeared regularly before Judge Ciavarella in juvenile court.

While these attorneys were not privy to Ciavarella’s financial “arrangement” with the

owners of the detention facilities, they did know that Ciavarella had a “zero-tolerance”

policy that resulted in juveniles being sent to detention facilities in unprecedented

numbers. Under Ciavarella’s zero-tolerance policy, juveniles were automatically sent to

out-of-home placement for certain offenses, such as fighting in school, without an

individual evaluation of the circumstances of the offense or the offender – contrary to a

judge’s obligation to decide sentences on a case-by-case basis.

Attorneys who regularly appeared in Ciavarella’s courtroom also knew that he routinely

adjudicated and sentenced juveniles who were unrepresented by counsel without

obtaining the required waiver of the right to counsel. In 2003, the statewide percentage

of juveniles who waived the right to counsel was 7.9 percent; in Ciaverella’s courtroom

the “attorney waiver” rate was 50.2 percent. Similar gaps appear in the statistics

throughout Ciavarella’s five-year reign in juvenile court.

A criminal prosecutor is not only an advocate but, as a representative of the sovereign,

has a duty to seek justice, which includes the responsibility of seeing that the defendant

is accorded procedural justice. (Berger v. United States (1935) 295 U.S. 78, 88 [79

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L.Ed. 1314, 1321, 55 S. Ct. 629]; County of Santa Clara v. Superior Court (2010) 50

Cal.4th 35, 48.) Nowhere is this responsibility more important than in juvenile court.

Under the Pennsylvania Rules of Professional Responsibility, prosecutors have an

ethical obligation to ensure that the accused has been advised of the right to counsel

and has been given the opportunity to obtain counsel. (See also American Bar

Association Model Code of Professional Conduct 3.8 (b) [a prosecutor shall “make

reasonable efforts to assure the accused has been advised of the right to, and the

procedure for, obtaining counsel and has been given reasonable opportunity to obtain

counsel . . .”].) Before accepting a waiver of the right to counsel from juvenile

defendants, Pennsylvania’s Rules of Juvenile Court Procedure require a judge to

conduct on-the-record discussions or “colloquies” to ensure that the juveniles

understand the right they are giving up. (See also Faretta v. California (1975) 422 U.S.

806 [45 L.Ed.2d 562, 95 S.Ct. 2525]; Iowa v. Tovar (2004) 541 U.S. 77 [158 L.Ed.2d

209, 124 S.Ct. 1379].) Yet, prosecutors regularly witnessed Ciavarella deciding cases of

unrepresented juveniles without first engaging in the required colloquies but said

nothing. The Report of the Interbranch Commission concluded that “the prosecutors

clearly abdicated their roles as ministers of justice and simply became passive observers

to the tragic injustices that were perpetrated against juvenile offenders.”

Jonathan Ursiak’s first assignment when he joined the public defender’s office in 2007

was to represent juveniles in Ciavarella’s court. On a regular basis, he observed

juveniles admitting to crimes and being sentenced without an attorney and without the

required advisements of rights by the judge and waivers from the juveniles. This was

not the only practice in Ciavarella’s courtroom that troubled Ursiak – proceedings were

abbreviated, psychological evaluation reports were not provided to him before the

hearing, juveniles were being sent to placement at an alarmingly high rate, the judge’s

zero-tolerance policy impeded the juvenile’s right to be heard, and, in general, the

public defender was not given an adequate opportunity to advocate for his clients.

When Ursiak reported his concerns to his supervisor, he was told the public defender’s

office did not need more clients. Undeterred, Ursiak provided assistance to the Juvenile

Law Center of Philadelphia, which was investigating the suspected abuses in Luzerne

County’s juvenile court.

Ursiak’s courage and persistence in reporting Ciavarella’s improper practices should be

applauded. However, the silence of other attorneys who knew of the abuses in

Ciavarella’s courtroom is disturbing. Had others reported the misconduct when it first

occurred, the abuses and corruption might have been abated years earlier – saving

countless youthful offenders from a harsh and draconian fate suffered at Ciavarella’s

hand.

According to the Interbranch Commission’s report, no attorney practicing in Ciavarella’s

courtroom ever filed a complaint with the Pennsylvania Judicial Conduct Board, the

agency responsible for investigating complaints of judicial misconduct. Young

prosecutors recognized the inherent unfairness of Ciavarella’s practices, but did not

know what to do or to whom to turn for guidance. Many defense attorneys who

appeared before Ciavarella were equally derelict. Public defenders and private attorneys

routinely witnessed Ciavarella violate the rights of juveniles, including their own clients,

yet most took no action. The Interbranch Commission found that these attorneys

“clearly abdicated their responsibility to zealously defend their clients and to protect

their due process rights.” “At a bare minimum,” the commission concluded, “they

should have contacted their supervisors in the Public Defenders Office and the local bar

associations or notified the appropriate judicial or attorney disciplinary organizations.”

Many factors can deter an attorney from reporting judicial misconduct – indifference,

fear of retaliation, inexperience, ignorance. During its investigation, the Interbranch

Commission found that some attorneys did not know how or where to report judicial

misconduct. The commission encouraged Pennsylvania’s Judicial Conduct Board to

partner with the Pennsylvania Bar Association to create and implement programs to

educate attorneys and the public on the existence of the judicial disciplinary board and

on how to report judicial misconduct. The commission also recommended that the

Judicial Conduct Board revise and update its Website to provide clear, simple

directions for filing complaints. In California, the Commission on Judicial Performance

works with the State Bar to provide information concerning the process for reporting

judicial misconduct. The commission’s website offers user-friendly instructions on how

to file a complaint of judicial misconduct, as well as information on what constitutes

judicial misconduct.

As tragically illustrated in the “kids for cash” scandal, those in the legal community

share a mutual responsibility to take action when faced with abuses of judicial

authority. Indifference and inaction hurts not only the individual targets of the

misconduct but the reputation and integrity of the bar and the judiciary.

• Janice M. Brickley is Legal Advisor to Commissioners at the California Commission

on Judicial Performance.

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