Judge Laurie Earl Misconduct: SCBA Family Law Section Divorce Lawyers Notified Of Family Court Judge Matthew J. Gary Demotion - Public Left In Dark

Judge Laurie M. Earl Notifies Family Law Attorneys About Matthew Gary Demotion - Public Left Uninformed 

Judge Laurie M. Earl Sacramento Superior Court
Source: Sacramento Lawyer Magazine

As exclusively reported last month by Sacramento Family Court News, Family Court Judge Matthew J. Gary has been quietly demoted back to the rank-and-file. Gary's supervising judge title was stripped and given to Judge Jamie R. Roman.   

While family court attorneys were immediately notified of the leadership change through a lawyer-only LISTSERV, the public apparently was, and continues to be kept in the dark. The only publicly available clue about Gary's problems was an innocuous Sept. 7 order designating ADA judicial officers.  Instead of Gary, the ADA order signed by Sacramento County Superior Court Presiding Judge Laurie M. Earl listed Roman as the Family Court ADA Judicial Officer, a title that comes with the supervising judge designation. Judge Earl otherwise continues to conceal from non-lawyers the decision to replace Gary months before his term as supervising judge was scheduled to end, according to a court watchdog.

Court critic accuses Judge Earl of "Code of Silence Routine," and Earl's statement to Family Court attorneys...To continue reading, click Read more >> below: 

Watchdog Calls Concealment 

"Code of Silence Routine"

"This is the code of silence routine," said family court watchdog Robert Saunders. "Every day Judge Gary makes decisions that can help, or cause irreparable harm to children and families. If there are new problems with this judge, and it appears that there are, the public should be informed." As reported exclusively by Sacramento Family Court News, in 2010 Gary had the disabled Saunders arrested for contempt of court and forcibly removed from his courtroom by multiple bailiffs. Gary's courtroom bailiff, Sacramento County Sheriff's Department Deputy J. Strong also charged Saunders with resisting arrest. Two outside, independent judges who reviewed the incident determined that both the contempt and resisting arrest charges were baseless and unlawful. Veteran Sacramento County criminal court Judge Richard Gilmour ordered the resisting arrest charge dismissed, and San Joaquin County Judge Xapuri Villapudua ordered Gary forcibly removed from Saunders' case for the illegal contempt charge and bias against Saunders.
  

Presiding Judge Laurie M. Earl notified local family law attorneys about 
the demotion of Judge Matthew J. Gary in The Family Law Counselor, a 
Sacramento County Bar Association Family Law Section newsletter.

In a written statement to family law attorneys obtained by SFCN, Judge Earl suggested that Judge Roman possessed better leadership skills needed to develop "cost-effective, collaborative solutions" to "guide our family law and probate divisions through this difficult time." Earl acknowledged that the courts have reached a state of crisis, and thanked the family law Bar for their input and suggestions when she addressed a luncheon of family law lawyers on September 4. 

"I truly appreciated the comments and suggestions I received from those in attendance at the luncheon. As with all suggestions some will work, some will not but I always welcome thoughtful input. It is time that we reviewed our processes with an eye on determining where we are efficient, where we are not, and how we might improve on both. It is time that we develop ways in which we can expand our relationship with those in the legal profession to identify cost-effective, collaborative solutions. For that reason I have asked Judge [Jaime] Roman to immediately assume the responsibilities as Supervising Judge of Family Law and Probate. For those of you who know Judge Roman you know he is not afraid to roll up his sleeves and get to work! I put great faith in Judge Roman (and great responsibility) in working together to guide our family law and probate divisions through this difficult time. I encourage you to continue offering your suggestion, service and most of all, support to Judge Ramon and myself. We will need it!"

As exclusively reported by SFCN, a Sacramento lawyer disclosed that Judge Earl has not been enforcing judicial ethics rules against part-time judges who work full-time as private sector family law lawyers. 

Judge Laurie M. Earl was appointed to the bench by Governor Arnold Schwarzenegger in 2005. She is a graduate of Lincoln Law School in Sacramento. Prior to her judicial appointment, she worked as an attorney in the Sacramento County Public Defender's Office from 1989-1995, the Sacramento County District Attorneys Office from 1995-2004 and the California Office of the Inspector General in 2005. Judge Earl's base pay in 2011 was $169,289.

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