Sacramento Family Court Report: CJA

Showing posts with label CJA. Show all posts

15 July 2014

Systemic Temporary Judge Conflict of Interest Disclosure Law Violations Confirmed by Supreme Court Committee

FBI Sacramento Division Special Agent in Charge Monica Miller Federal Bureau of Investigation

The Supreme Court Committee on Judicial Ethics Opinions has issued an important "Formal Opinion" confirming that conflict of interest disclosures by judges be made in writing when no court reporter is present.

Presiding Judge Robert Hight Responsible for Legal Error Tainting Hundreds of Cases

An attorney and Sacramento Family Court News reader provided the California Supreme Court Committee on Judicial Ethics Opinions Formal Opinion embedded at the end of this article. The opinion provides an additional legal reference confirming that family court judges must disclose potential conflicts of interest on the record.

At court hearings where no court reporter is present, the disclosure must be in writing, according to the CJEO. A SFCN investigation last year revealed that family court judges were not in compliance with conflict of interest disclosure laws. Judges continue to ignore conflict laws, according to recent case audits conducted by SFCN.

To continue reading, click Read more >> below:

Sacramento Superior Court Judges Violate State Law & Code of Judicial Ethics In Temporary Judge Conflict of Interest Disclosure Controversy

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, Hon. Robert C. Hight – Hon. Bunmi O. Awoniyi – Hon. Steven M. Gevercer – Hon. Tami R. Bogert – Hon. James M. Mize – Vance Raye - CJP Victoria B. Henley – Hon. Thadd A. Blizzard -kathryn werdegar – goodwin liu – marvin baxter – ming chin – joyce kennard – carol corrigan – tani cantil-sakauye – 3rd District Court of Appeal – Sacramento -Justice Vance W. Raye - Justice Cole Blease – Justice Ronald B. Robie – Justice William J. Murray Jr. – Justice George Nicolson – Justice M. Kathleen Butz – Justice Elena J. Duarte – Justice Harry E. Hull Jr. – Justice Louis Mauro – Justice Andrea Lynn Hoch – Third District Court of Appeal California - Benjamin B. Wagner – Melinda Haag – Jayne Kim – Victoria B. Henley – Elaine M. Howle - Judge Kevin R. Culhane – Hon. Kevin R Culhane – Judge Kevin Culhane -

Sacramento Family Court reform advocates say the tattered flag that flies above the courthouse is emblematic of the systemic rule of law breakdown - including serial conflict of interest disclosure violations - which they assert has taken place in court proceedings.

Judges Fail To Make Conflict Disclosures: Systemic Legal Error Taints Countless Cases

UPDATE: Supreme Court Committee Confirms Temporary Judge Conflict Disclosure Violations

In hundreds of cases, Sacramento Family Court judges have failed to make critical conflict of interest disclosures required by state law and the Code of Judicial Ethics, according to a courthouse whistleblower.

The disclosure omission is ongoing and infects additional cases each week. The legitimacy of orders and judgments in cases tainted by the error are subject to challenge by trial court set-aside motions or costly appellate court review.

In most of the cases, one party is unrepresented and indigent - substantially reducing the chances that relief will be sought, but nonetheless requiring taxpayers to foot the bill in the event of subsequent proceedings due to the error. The potential public financial liability is significant. The current cost to taxpayers for a single appeal is between $8,500 and $25,500, according to recent appellate court decisions.

New court records leaked by a whistleblower and posted online exclusively by Sacramento Family Court News, including a conflict of interest disclosure filed by a civil court judge, and another filed by a federal judge, show that other Sacramento County Superior Court judges - and federal judges - do comply with conflict laws.

To continue reading, click Read more>> below...

California Judges Association Verifies Multiple State Law Violations by Part-Time Judge Attorneys - Judge Laurie Earl Responsible for Enforcement

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. Mueller, United States Attorney Benjamin Wagner, Judge Stacy Boulware Eurie – Judge David De Alba – Judge Steve Lapham – Judge James Arguelles – Judge Bunmi Awoniyi – Judge Steven Gevercer – Judge Robert Hight – Judge Laurie Earl - Judge Thadd Blizzard – Judge James Mize – Judge Tami Bogert – Commissioner Peter J. McBrien – Commissioner Scott P. Harman – Judge Matthew Gary – Judge Paul Seave – Judge Jerilyn Borack – Commissioner Danny L. Haukedalen – Judge Eugene Balonon – Judge Kevin McCormick – Judge Kevin Culhane – Judge Sharon Lueras – Judge Raymond Cadei – Judge Michael Virga – Judge Maryanne Gilliard – Judge Trena Burger-Plavan – Judge Marjorie Koller – Judge Steve White Chief Trial Counsel Jayne Kim State Bar of California, State Auditor Elaime M. Howle Bureau of State Audits, Director Victoria B. Henley Commission on Judicial Performance Chief Counsel,

Sacramento Superior Court Presiding Judge Laurie Earl has failed or
refused to enforce state law against judge pro tem attorneys who
use their temporary judge status for personal gain.

The California Judges Association this month issued a Judicial Ethics Update [pdf] confirming that many Sacramento Family Court judge pro tem attorneys are in violation of the California Code of Judicial Ethics for misuse of the judge pro tem title on firm websites.

Last month, we reported that prominent, local family law attorneys who also serve as temporary judges in the same court were using the judge pro tem title for advertising and promotional purposes on firm web pages.

Using "the prestige of judicial office or use of the judicial title in any manner...to advance the pecuniary or personal interests of the judge or others" is prohibited by state law.

To clients and potential clients, the judge pro tem title implies "insider" status among family court judges and employees, and some lawyers misuse the position to promote their law practice.

To continue reading, click Read more >> below:

Whistleblower: Judge Laurie Ignoring Serial State Law Violations by Divorce Attorneys Who Work as Part-Time Judges

[UPDATED: This article contains updates for attorneys who complied with the Code of Judicial Ethics after this article was published]

California Judicial Council Tani G. Cantil-Sakauye Supreme Court - Third District Court of Appeal Judge Vance Raye - Judge George Nicholson 3rd District Court of Appeal - Sacramento County Superior Court Judge James Mize, Judge Kevin Culhane, Judge Robert Hight, Judge Thadd Blizzard, Judge Jaime Roman

A Sacramento divorce attorney has revealed that colleagues who also work as temporary judges are breaking state judicial ethics laws.

A Sacramento lawyer charges that prominent family law attorneys are unlawfully using for promotional purposes their status as part-time, temporary judges.

The ethically-challenged attorneys represent a who's who of Sacramento area family law lawyers, including Camille Hemmer, Bunmi Awoniyi, Fredrick Cohen, Steven Burlingham, John Sokol, Jeffrey Posner, Mark Ambrose, Joseph Winn, Nancy Perkovich, John O'Malley and the firm Bartholomew & Wasznicky.

The California Code of Judicial Ethics [pdf] prohibits both full-time and part-time judges from using their status as a judge to advance their own financial or personal interests. For example, a judge cannot use her status as a judge to persuade a police officer not to write her a speeding ticket. Canon 2B(2) of the ethics code provides that

"A judge shall not lend the prestige of judicial office or use the judicial title in any manner, including oral or written communication, to advance the pecuniary or personal interests of the judge or others."

To continue reading, click Read more >> below...

Sacramento Family Court Report

Pages