30 July 2015

Sacramento Superior Court Controversy: Judge Matthew Gary Orders Indigent, Disabled Parent To Pay Attorney Fee Sanctions Based on "Body Language"

Sacramento Federal Court Eastern District of California – United States Courts, US District Court Sacramento, Judge William B. Shubb, Judge Edmund F. Brennan, Judge Garland E. Burrell Jr, Judge Carolyn K. Delaney, Judge Morrison C. England Jr, Judge Gregory G. Hollows, Judge John A. Mendez, Judge Kendall J. Newman, Judge Troy L. Nunley, Judge Allison Claire, Judge Dale A. Drozd, Judge Lawrence K. Karlton, Judge Kimberly J. MuellerHon. Matthew J. Gary Sacramento County Superior Court Judge Robert Hight, Judge James M.Mize
Judge Matthew Gary assessed draconian attorney fee sanctions against a disabled, indigent family court parent without an attorney based on her "body language," according to court records from the case. 

The appellate brief excerpt embedded at the bottom of this post recounts one instance of Judge Matthew Gary's misconduct in the Susan Ferris case, in connection with an illegal attorney fee sanctions order. The appeal in the case is pending at the controversial 3rd District Court of Appeal in Sacramento. 

The embedded document package also includes the court reporter transcript from a hearing in the case recording that Gary ordered Ferris to pay $2,500 to the opposing attorney, Timothy Zeff, based on Ferris' "body language." Zeff's partner, Scott Buchanan, is a part-time judge in the same court. 

Court records indicate that the judge pro tem conflict of interest was not disclosed as required by state law. The conflict disclosure violation has occurred in hundreds of other cases involving temporary judge lawyers.

To continue reading, click Read more >> below: 

Kevin R. Culhane Supreme Court of California, The Honorable Leondra R Kruger, The Honorable Mariano-Florentino Cuellar, The Honorable Goodwin H Liu, The Honorable Carol A Corrigan, The Honorable Ming W Chin, The Honorable Kathryn M Werdegar, The Honorable Tani Gorre Cantil-Sakauye, California Supreme Court
Child abduction that deprives the other parent of custody or
visitation is a crime in California.
In the Ferris case, the judge also approved a criminal, out-of-state child abduction by Zeff's client, David Ferris. Susan Ferris is indigent, did not have an attorney, and is disabled

Gary's disregard of the law and serial misconduct in the case was considered so outrageous that prominent San Francisco attorney James Brosnahan agreed to represent Ferris pro bono on appeal.  

For additional reporting about the case, click here. For additional reporting about Judge Matthew J. Gary, click here.

Court watchdogs assert that the proceedings in the Ferris case are one example that a still-unprosecuted racketeering enterprise involving collusion between judges and judge pro tem divorce attorneys - set up years ago by controversial Judge Peter McBrien - operates within the family law division of Sacramento Superior Court.

Vance W Raye, Cole Blease, Ronald B Robie, William J Murray, George Nicholson, M Kathleen Butz, Elena J Duarte, Harry E Hull, Louis Mauro, Andrea Lynn Hoch, 3rd District Court of Appeal, Sacramento, Sacramento County, Third District Court,
In violation of state law, Judge Matthew Gary retroactively authorized a criminal child abduction for the partner of divorce attorney and temporary judge Scott Buchanan. The judge did not report the crime.