Showing posts with label COURT RULES. Show all posts
Showing posts with label COURT RULES. Show all posts

06 February 2013

Sacramento County Superior Court Misconduct: Family Court Appeals Unit Unlawfully Refusing Appeals by Indigent, Pro Per Litigants

Family Court Appeals Unit Illegally Rejecting Appeals By Unrepresented, Financially Disadvantaged Litigants

Color of Law: The Conspiracy to End Pro Per Appeals
A Sacramento Family Court News Exclusive Investigative Report. Part 3
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 Robert Hight – Judge Bunmi Awoniyi – Judge Steven Gevercer – Judge Tami Bogert – Judge James Mize – Vance Raye - Victoria Henley CJP - Judge Thadd Blizzard -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 - Family Relations Courthouse, Sacramento Superior Court, Appeals Unit, Notice of Appeal, Judge Laurie M. Earl Presiding Judge County of Sacramento: Superior Court, William R. Ridgeway Family Relations Courthouse -Benjamin B. Wagner – Melinda Haag – Jayne Kim – Victoria B. Henley – Elaine M. Howle - Judge Kevin R. Culhane – Hon. Kevin R Culhane – Judge Kevin Culhane -
This actual notice of appeal was filed by an unrepresented, indigent family court litigant and then unlawfully unfiled by a family court clerk. The clerk's conduct violates state law and constitutes unlawful interference with court of appeal proceedings. Click here to view the full image.  
Sacramento County Family Court clerks are unlawfully refusing to file appeals by unrepresented, financially disadvantaged family court litigants, according to a family court whistleblower. The policy constitutes an unlawful interference with court of appeal proceedings under California Rules of Court rule 8.23. 

The rejection occurs when a pro per party attempts to file a notice of appeal for child custody, support and other immediately appealable orders more than 60-days after order after hearing paperwork is filed. By law, the time frame to take an appeal from the orders is 180-days.The longer time frame applies because in family court cases, the court clerk must give the parties notice of entry of judgment using the Judicial Council FL-190 Notice of Entry of Judgment form. 

As policy, Sacramento Family Court does not issue the FL-190 form for appealable orders from motion and OSC hearings. When the form is not issued, the appeal time frame is 180-days. When the form is issued, the appeal time frame is 60-days. In Sacramento Family Court, all appealable motion and OSC orders are appealable for 180-days, yet court clerks are illegally rejecting the appeals after 60-days.  

To continue reading Part 3 of our series Color of Law, click Read more >> below. 

16 January 2013

Sacramento Superior Court Controversy: Family Law Facilitator Office Disseminates False Information to Indigent, Self-Represented Pro Pers Without Lawyers

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, Judge Robert Hight – Judge Bunmi Awoniyi – Judge Steven Gevercer – Judge Tami Bogert – Judge James Mize – Vance Raye - Victoria Henley CJP - Judge Thadd Blizzard -tani g. cantil-sakauye - Elaine M. Howle California State Auditor - Bureau of State Audits Elaine Howle - State Bar of California Board of Trustees – President Patrick M. Kelly – Vice President Luis J. Rodrigez – Treasurer Gretchen M. Nelson – State Bar of California Office of the Chief Trial Counsel - attorney Jayne Kim Chief Trial Counsel – attorney Joseph R. Carlucci Deputy Chief Trial Counsel – Patsy J. Cobb Deputy Chief Trial Counsel -Benjamin B. Wagner – Melinda Haag – Jayne Kim – Victoria B. Henley – Elaine M. Howle -  Judge Kevin R. Culhane – Hon. Kevin R Culhane – Judge Kevin Culhane -
Lollie Roberts, the Sacramento County Superior Court Family Law Facilitator has directed her staff to dispense false information about the state law mandated Notice of Entry of Judgment FL-190 form, a whistleblower charges. 

Color of Law: The Conspiracy to End Pro Per Appeals 
A Sacramento Family Court News Exclusive Investigative Report. Part 2
  • This story is part of an ongoing investigation and was updated in September, 2013.

In a scheme allegedly coordinated with family court administrators, Sacramento Superior Court Supervising Family Law Facilitator Lollie Roberts has directed her staff to dispense false information to unrepresented family court litigants. 

Roberts' objective is to help conceal systemic violations of the Code of Civil Procedure and state court rules by family court employees, according to court records and other information leaked by a family court whistleblower to Sacramento Family Court News. Another objective of the alleged plan is to obstruct pro per appeals by concealing a critical, state law mandated appeal rights notification from unrepresented, indigent or financially disadvantaged family court litigants, according to the whistleblower, who provided the information on the condition of anonymity because they could be subject to retaliation for the disclosure. 

The appeal notice is part of a mandatory Judicial Council form, FL-190, which under state law court clerks are required to file and serve after a family court judge issues an appealable order. As SFCN previously reported, court administrators have instructed court clerks not to issue the FL-190 paperwork for appealable orders issued at law and motion hearings. 

Roberts and her staff are conveying the same inaccurate information by instructing pro per parties that the FL-190 is only issued when a divorce is finalized, and that appealable law and motion orders are not judgments requiring issuance of the form. The falsity of the information has been verified by both the California Supreme Court and Third District Court of Appeal.      

To continue reading Part 2 of our series Color of Law, click Read more >> below.

07 January 2013

Sacramento Superior Court Misconduct: Court Employees Protected by State Whistleblower Law

Whistleblower Protection Act Shields Court Employees From Retaliation for Reporting Misconduct  


Judge Robert Hight – Judge Bunmi Awoniyi – Judge Steven Gevercer – Judge Tami Bogert – Judge James Mize – Vance Raye - Victoria Henley CJP - Judge Thadd Blizzard -Whistleblower Protection Act California, State Auditors, Superior Court, Sacramento, Family Court - 3rd District Court of Appeal - Justice Vance 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 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,
California State Auditor Whistleblower Hotline
Several family court users have asked Sacramento Family Court News to update our September, 2011 article about the expansion of the California Whistleblower Protection Act

At that time, the Act was revised to protect from retaliation court employees who report misconduct by judges or co-workers, including violations of the California Rules of Court

The 2011 law designates a violation of state court rules as an improper governmental activity, in the same category of misconduct as corruption, malfeasance, bribery, theft of government property, fraud, coercion, willful omission to perform duty, and similar types of misconduct. 

Court watchdogs allege that in Sacramento Family Court, a number of state court rules are routinely ignored by judges and court clerks. We're investigating the allegations, and will report our findings in the near future. We've also had reports that courtroom bailiffs are not enforcing the law, which one national family court website has documented is a common problem. Familylawcourts.com notes that some bailiffs act as "judicial puppets," and has called for bailiff education

To continue reading, click Read more >> below:   

15 November 2012

Judge Jaime R. Roman Disregards State Law, Issues Vexatious Litigant, Sanctions, 13 Other Orders in Prohibited "Trial by Declaration"

Attorney Sharon Huddle appeared dumbfounded when Judge Jaime Roman abruptly cancelled a court hearing.

In a rambling, unorthodox 20-page statement of decision peppered with 73 footnotes, Sacramento Family Court Judge Jaime Roman designated family court party Andrew Karres a vexatious litigant, ordered Karres to pay $2,500 in attorney fee sanctions, and issued 13 additional orders at a brief court proceeding yesterday. 

All the disputed issues inexplicably were decided without oral argument and without the court hearing mandated by both the vexatious litigant and sanctions statutes. Virtually all rulings were against Karres and in favor of Karres' ex-wife, Mel Rapton Honda heiress Katina Rapton. Rapton is represented by veteran Sacramento County Bar Association Family Law Section attorney and family court judge pro tem Charlotte Keeley