Showing posts with label ATTORNEY MISCONDUCT. Show all posts
Showing posts with label ATTORNEY MISCONDUCT. Show all posts

11 July 2024

Attorney Misconduct: Moral Turpitude, Dishonesty, Fraud, Corruption, or Concealment - California State Bar

Rules of Procedure of the State Bar of California Rule 2.7

"Disbarment or actual suspension is appropriate for an act of moral turpitude, dishonesty, fraud, corruption, or concealment of a material fact." 

Moral Turpitude: California... by California Judicial Branch ...


Sacramento Family Court Report Long-Form Investigative Reports

01 July 2024

Attorney Misconduct: Mortal Turpitude Explained and Defined by County Bar Association

"The State Bar Review Department held in In the Matter of Moriarty, 4 Cal. State Bar Ct. Rptr. 9 (Review Dept. 1999): 'gross negligence is a well-established basis for finding an act of moral turpitude.'" 

Moral Turpitude - Los Angel... by California Judicial Branch ...

Sacramento Family Court Report Long-Form Investigative Reports

27 June 2024

Attorney Misconduct: Intent to Deceive the Court or Any Party - Business and Professions Code Section 6128

"Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party... Any violation of the provisions of this section is punishable by imprisonment..." 

California Business and Pro... by California Judicial Branch ...

 

Sacramento Family Court Report Long-Form Investigative Reports

22 March 2022

Whistleblower Divorce Attorney Edward Lyman Reveals Systemic Misconduct at Family Law Firm

Divorce and family law attorneys are often accused of misconduct. In this case, a whistleblower family law lawyer detailed attorney misconduct common with divorce lawyers throughout California. 

Lyman came forward when he observed a senior associate attorney at the Firm repeatedly violating the laws, rules, and regulations promulgated by the Legislature and State Bar of California that are designed to protect clients—and the public at large—from attorney misconduct.

Plaintiff Edward M. Lyman III, is a Private Attorney General authorized to act on behalf of the State of California to collect civil penalties for the government, himself, and the other aggrieved employees, against the Defendant law firm of Walzer Melcher LLP. Plaintiff also brings this action individually against all defendants for inter alia general, special, and punitive damages. Plaintiff alleges on the basis of personal knowledge and/or information and belief as follows:

 


Read our Special Report: Sacramento County Family Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers.

20 March 2022

VIRAL VIDEO: Bay Area Family Court Private Judge Threatens Reporters, Refuses Access To Court Records

Support investigative reporting on family court corruption by subscribing to investigative reporter Susan Bassi's YouTube Channel. From the description for this viral video with 91,000 views: 

"One nurse, several dogs, slammed doors and calls for police and security over private judge records. Private judges are lawyers or retired public court judges who are privately paid. We have been seeking access to their records under California Rules of Court 2.400 and state and federal open proceeding laws. Links to those laws can be found here."

The private judge in this video is Gilroy attorney Richard P. Roggia, State Bar #54430. California Judicial Branch whistleblowers allege that the superior courts are being privatized, with private sector, for-profit judges taking over many of the functions of public judges. 

The Second District Court of Appeal has criticized the practice of using for-profit private or temporary judges to privatize the courts:  

Judge James T. Ford of the Sacramento County Superior Court wrote that privately compensating temporary judging was probably criminal. "Penal Code section 94 bars judicial officers from accepting gratuities for performing public acts. Judges pro tempore [i.e., temporary judges] have identical powers as sitting judges, and their decisions are those of the court without any further intervention by sitting judges. Accordingly, they must be deemed judicial officers within the meaning of the section."
Judge Ford also wrote that privately compensating temporary judges was unethical under the California Code of Judicial Ethics...
Judge Ford wrote: "While clearly not adopted with this recent phenomenon in mind, the Code stands for an important principle: justice and money do not mix. Judging is not in any way a private function; it is a quintessential public function, and should be administered without regard to compensation of the judge." Judge Ford concluded by asking the Judicial Council not to authorize privately compensated temporary judges: "I urge the judiciary to recognize that privately compensating judges pro tempore is illegal and pernicious. We are not for sale, nor is the product of our labor."

Read our Special Report: Sacramento County Family Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers.

16 March 2022

Get to Know the California State Bar Rules of Professional Conduct: Rule 3.4 Fairness to Opposing Party and Counsel: News You Can Use

CONSUMER PROTECTION NEWS YOU CAN USE: Having trouble with an ethically-challenged attorney? The State Bar of California may be able to help

The bar updated the California Rules of Professional Conduct in 2018. Pro per litigants should know the rules and hold opposing attorneys - who often violate the rules - accountable. If an attorney violates the rules, tell the judge on the case, and the presiding judge of the superior court. 

Under the Code of Judicial Ethics, judges must take "appropriate corrective action" when they become aware of lawyer misconduct. This judicial duty is not optional, or "discretionary." It is mandatory.  

If the judge on the case, or the presiding judge fails or refuses to take appropriate corrective action, make a complaint against the judge to the state Commission on Judicial Performance. 



Read our Special Report: Sacramento County Family Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers.

05 October 2021

Law Library: Identifying Attorney Misconduct and Making a State Bar Complaint - Understanding Moral Turpitude

CONSUMER PROTECTION NEWS YOU CAN USE: Sacramento family court litigants report that many divorce and family law lawyers routinely commit misconduct. To make a State Bar complaint against a lawyer, you need to know the law and terminology to use. A critical attorney misconduct law to understand is Business and Professions Code § 6106. This 21-page primer about moral turpitude may help: 

 
Read our Special Report: Sacramento County Family Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers.

04 April 2019

HORRIFIC FACTS OF NEW YORK DIVORCE CASE MIRROR TACTICS USED BY MANY SACRAMENTO COUNTY DIVORCE LAWYERS AND JUDGES, SAYS WHISTLEBLOWER

The federal lawsuit embedded with this post originates in a state court divorce case in New York. It describes illegal or unethical litigation tactics often seen in Sacramento County divorce and family court cases, according to local court watchdogs.

"The allegations in this new federal lawsuit, including misconduct by the judge, are virtually identical to what we've seen in Sacramento County for more than 20 years," said California judicial branch whistleblower Ulf Carlsson. "It is so bad here they made a documentary about the corruption. And Presiding Judge David De Alba has played deaf, dumb, and blind to the problems."

Learn more:

Read our Special Report: Sacramento County Family Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers.


05 March 2019

SANTA ANA APPELLATE COURT JUDGE REPORTS ATTORNEY TO STATE BAR: MEANWHILE, SACRAMENTO FAMILY COURT JUDGES DEFY JUDICIAL ETHICS CANON 3D(2), IGNORE, COVER UP ATTORNEY MISCONDUCT

Read our Special Report: Sacramento County Family Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers.

12 August 2017

JUSTICE ARTHUR G. SCOTLAND CONFESSES TO PRACTICING LAW WITHOUT LICENSE, MORAL TURPITUDE ACTS: 3RD DISTRICT COURT OF APPEAL HISTORY

Justice Arthur G. Scotland with Justice George Nicholson from the controversial 3rd District Court of Appeal: Scotland admits to acts of moral turpitude, including serial unauthorized practice of law violations and disregard of the law as an employee of the Sacramento County District Attorney's Office.

Retired from the 3rd District Court of Appeal, Scotland now is Of Counsel at Nielsen Merksamer Parrinello Gross & Leoni LLP Sacramento office. For more information, visit the document embedded with this post.

Read our Special Report: Sacramento County Family Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers. 


14 June 2017

Lawyer and Sworn Temporary Judge Richard Sokol: Alleged Attorney Misconduct, Moral Turpitude Acts


From the description of the Scribd document embedded at the end of this post: 

Richard Sokol, Sokol & Bristow LLP, divorce attorney Sacramento lawyer complete transcript of court hearing where Sokol client gave false testimony attempting to get a domestic violence restraining order. Sokol's client made false claims in court filings and in court testimony.

As an officer of the court, Sokol had a duty to ensure his client did not make false claims in court filings or testify falsely. Judge Thomas Cecil denied Sokol's request for a domestic violence restraining order.

18 January 2017

Mandated Reporter Series: State Law Requires Sacramento Family Court Judges To Report Attorney and Judge Misconduct

Under state law, California judges are mandated reporters of attorney misconduct. Judicial Ethics Code § 3D(2), Business and Professions Code §§ 6086.7 and 6086.8, and California Rules of Court rules 10.609 and 10.1017 each require judges to report specific types of lawyer misconduct. The reporting duty is mandated by law, and is not discretionary.  

One type of common attorney misconduct is the failure to disclose adverse law in presenting a matter in court. The failure to identify law adverse to an attorneys position in court filings and during oral argument violates the California Rules of Professional Conduct, Business and Professions Code, ABA Model Rules, and decisional law. The document set embedded at the bottom of this post includes these authorities. 

One type of common judge misconduct is the failure to report or otherwise take appropriate corrective action when an attorney fails to disclose adverse law. Despite the routine occurrence of this type of judge misconduct, Commission on Judicial Performance judge disciplinary statistics indicate that judges are rarely held accountable under Judicial Ethics Code § 3D(2) for failing to hold attorneys accountable. CJP reform advocates contend this absence of enforcement by the agency exacerbates the rule of law breakdown prevalent in California courts.  


Read our Special Report: Sacramento County Family Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers.

10 March 2016

Robert Wood Johnson Foundation Raises Awareness of Family Court Victim Childhood Trauma

The Robert Wood Johnson Foundation is part of a growing network of leaders working to increase awareness and understanding of the impact of adverse childhood experiences (ACEs) and the need to develop effective innovative interventions. 

Alleged judge-attorney collusion and racketeering in Sacramento Superior Court spanning more than 20 years has traumatized hundreds of children, according to court reform advocates. The documentary film Divorce Corp designated the Sacramento County Family Court system as one of the most corrupt in the United States. 

10 February 2016

CBS News 60 Minutes Hidden Camera Records Attorney Boasting Lawyers Immune from Criminal Prosecution



“They don’t send the lawyers to jail because we run the country. We’re members of a privileged class in this country. We make the laws and when we do so we make them in a way that is advantageous to the lawyers,” attorney Marc Koplik explains on hidden video in this 60 Minutes broadcast clip.
Sacramento Superior Court reform advocates allege that a group of local divorce lawyers who also work as part-time judges have made similar claims. Whistleblowers assert that many Sacramento County judges abdicate their responsibility to enforce attorney misconduct laws, and therefore share blame for the problem.    

28 December 2015

Attorney Ethics: Misleading Judge or Other Party Constitutes Act of Moral Turpitude


MORAL TURPITUDE WEEK: MISLEADING THE JUDGE OR OTHER PARTY An attorney who misleads the judge or the other party...
Posted by California Attorney Misconduct & Ethics on Friday, February 26, 2016

21 December 2015

Attorney Misconduct and Ethics: Moral Turpitude - Attorneys Must Be Truthful Whether Under Oath or Not


MORAL TURPITUDE WEEK: ATTORNEYS MUST TELL THE TRUTH IRRESPECTIVE OF WHETHER THEY ARE UNDER OATHWhether they are under...
Posted by California Attorney Misconduct & Ethics on Thursday, February 25, 2016

15 December 2015


MORAL TURPITUDE WEEK #MORALTURPITUDE
Posted by California Attorney Misconduct & Ethics on Friday, February 26, 2016

04 December 2015

Sacramento Superior Court Controversy: Divorce Corp Documentary Cataloging Sacramento Family Court Corruption Now Available on Google Play

United States District Court Eastern District of California – Sacramento Federal Court – United States Courts - Judge William Shubb - Judge Edmund Brennan - Judge Garland Burrell Jr - Judge Carolyn Delaney - Judge Morrison England Jr - Judge Gregory Hollows - Judge John Mendez - Judge Kendall Newman - Judge Troy Nunley - Judge Allison Claire - Judge Dale Drozd - Judge Lawrence Karlton - Judge Kimberly Mueller – Office of the United States Attorneys Benjamin B. Wagner Eastern District of California, Anne Marie Schubert Sacramento District Attorney – Monica Miller Special Agent in Charge Sacramento Field Office FBI Sacramento Division, Benjamin Wagner United States Attorney for the Eastern District of California US Department of Justice
The Divorce Corp production team has just announced the availability of the documentary film on Google Play. 

The 2014 documentary film Divorce Corp, which includes the troubling stories of several Sacramento County Family Court corruption victims, is now available on Google Play, the official app store for the Android operating system. A digital distribution platform operated by Google, Google Play offers music, magazines, books, movies and television programs. Divorce Corp can be purchased for $7.99 or rented for $2.99.   

The movie catalogs judge and attorney misconduct and corruption in family courts throughout the United States, and designates Sacramento County as one of the most corrupt in the nation. 

A clip from the movie featuring an interview with Sacramento Family Court corruption victim and whistleblower Ulf Carlsson, is posted at the Sacramento Family Court New YouTube Channel. Divorce Corp is also available on Netflix, at the iTunes store, and on DVD and Blu-ray at the Divorce Corp Store.   

To continue reading, click Read more >> below: 

02 November 2015

Sacramento Superior Court Controversy: Facebook Family Court Watchdog Group Reaches Landmark, Continues Growth Trajectory

Sacramento Family Court Corruption Facebook Community Logs 500 Follower "Likes" 

3rd District Court of Appeal – Sacramento –Vance Raye - Cole Blease – Ronald Robie – William  Murray Jr. – George Nicolson – Kathleen Butz – Elena Duarte – Harry Hull – Louis Mauro – Andrea Hoch – Jonathan Renner Third District Court of Appeal California
Sacramento Superior Court Supervising Family Law Judge James Mize is featured on the home page of the Sacramento Family Court Corruption Facebook group. 

A Facebook group that catalogs examples of Sacramento Family Court problems and scandals, and acts as a de facto support group for unrepresented, pro per family court victims of the alleged racketeering organization operating in the court has just reached a Facebook milestone of 500 "Likes." The achievement was announced by group facilitator and veteran court watchdog Ulf Carlsson
"Our outreach to family court victims continues to deliver results," Carlsson said."The egregious corruption in this court continues because the responsible parties assume that the victims will never come together and exchange information. This Facebook group enables victims to connect, share experiences and be able to show oversight authorities and law enforcement that the problems are systemic, and not one-off, isolated events," Carlsson explained.  
To visit the Sacramento Family Court Corruption Facebook page, click here. Family court victims can also contact group facilitator Ulf Carlsson directly by email by clicking here. Carlsson was featured in the 2014 documentary film, Divorce Corp. View the Carlsson Divorce Corp video clip at the SFCN YouTube Channel. The full movie is now available on Netflix.