Cops, Lawyers and the First Amendment - Alameda County Divorce Attorney Dominick Perrino Obtains Vexatious Litigant Order Against Pro Per

 

Vexatious Litigant Law Misuse Against Involuntarily Self-Represented Mother by Alameda County Judge Somnath Raj Chatterjee and Attorney Dominic Perrino Alleged

 

Sacramento Family Court Report Long-Form Investigative Reports

• Racketeering-Honest Services Fraud: Sacramento County Family Law Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers
• 3rd District COA Controversy: Third District Court of Appeal - Justice, Ideology & Conflicts of Interest
• Tani G. Cantil-Sakauye: Chief Justice Implicated in California Court Corruption Scandal
• California Attorney Misconduct Law: California Attorney Misconduct and Malpractice - Laws, Rules, Ethics and Moral Turpitude
• Sacramento Family Court Report Source Material Archive

Sacramento Family Court Report Archives: Judge Jaime Roman, the Judge Pro Tem, and the Vexatious Litigant

Controversial divorce attorney and part-time Sacramento Superior Court judge Charlotte Keeley (R) leaves a family court hearing with client Katina Rapton. Keeley works as a volunteer judge in the same court.  

Judge Jaime Roman Controversy: Issues Vexatious Litigant Order Against Opposing Party for Part-Time Judge Divorce Attorney Charlotte Keeley Without Holding Required Court Hearing

Originally Published April 17, 2013

News Analysis & Opinion

The Sacramento Family Court News analysis team has been working overtime scrutinizing and trying to make sense of a controversial 20-page statement of decision issued on Nov. 14 of last year by Supervising Family Court Judge Jaime R. Roman. Click here for our initial report from 2012.

Roman's decision is now being challenged in both the Third District Court of Appeal, and in a federal class action lawsuit filed March 22 in U.S. District Court in San Francisco. It is certain that taxpayers will get a substantial bill for each case.

Court watchdogs contend Roman's order exemplifies the overt lawlessness that occurs weekly in family court, and the preferential treatment that full-time judges provide for-profit attorneys who also serve as temporary judges. 

The unprecedented ruling - which was made-to-order for Judge Pro Tem attorney Charlotte Keeley - rewrites California vexatious litigant law and procedure. Watchdogs hold Judge Roman responsible for putting taxpayers on the financial hook for the costs of yet another unnecessary appeal from family court, and the federal litigation.

In another pointless appeal caused by judicial misconduct, Judge Matthew J. Gary unsuccessfully attempted a similar rewrite of putative spouse law and in 2011 was reversed in full by the Third District Court of Appeal. Our analysis indicates that Judge Roman's order likely is headed for the same fate. 

Off-the-Rails at Conjunction Junction

t

The confusing legal rationale of Judge Roman's 20-page decision is constructed from a series of allegedly consistent conjunctions conjoining components of the Family Code, Code of Civil Procedure, and court rules. For example, Roman writes at page six:

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

• Racketeering-Honest Services Fraud: Sacramento County Family Law Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers
• 3rd District COA Controversy: Third District Court of Appeal - Justice, Ideology & Conflicts of Interest
• Tani G. Cantil-Sakauye: Former Chief Justice Implicated in California Court Corruption Scandal
• California Attorney Misconduct Law: California Attorney Misconduct and Malpractice - Laws, Rules, Ethics and Moral Turpitude
• Sacramento Family Court Report Source Material Archive

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

• Racketeering-Honest Services Fraud: Sacramento County Family Law Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers
• 3rd District COA Controversy: Third District Court of Appeal - Justice, Ideology & Conflicts of Interest
• Tani G. Cantil-Sakauye: Former Chief Justice Implicated in California Court Corruption Scandal
• California Attorney Misconduct Law: California Attorney Misconduct and Malpractice - Laws, Rules, Ethics and Moral Turpitude
• Sacramento Family Court Report Source Material Archive

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

• Racketeering-Honest Services Fraud: Sacramento County Family Law Court Operates as RICO Racketeering Enterprise, Charge Whistleblowers
• 3rd District COA Controversy: Third District Court of Appeal - Justice, Ideology & Conflicts of Interest
• Tani G. Cantil-Sakauye: Former Chief Justice Implicated in California Court Corruption Scandal
• California Attorney Misconduct Law: California Attorney Misconduct and Malpractice - Laws, Rules, Ethics and Moral Turpitude
• Sacramento Family Court Report Source Material Archive

BREAKING: 3rd District Court Appeal Presiding Justice Vance Raye Forced Into Retirement After Commission on Judicial Performance Investigation

Read our comprehensive report on incompetence and corruption at the Third District Court of Appeal in Sacramento.  View a list of news reports about the new Vance Raye controversy. 

JUDGE THADD BLIZZARD: Judge with Priors for Ignoring State Law Ignores New State Law

Sacramento County Judge Thadd Blizzard, who ignored state law and effectively aided and abetted a child abduction when he was assigned to family court, is once again issuing decisions that are contrary to law, according to court watchdogs.  

The Davis Vanguard reports that Blizzard claims to have found a loophole to allow him to disregard a new state law that provides for a pretrial diversion program for most misdemeanor DUI cases.   

One of the exclusions is not misdemeanor DUI. Attorneys in Sacramento note that Judge Thadd A. Blizzard has pointed to a decades-old vehicle code provision to deny diversion for misdemeanor DUI cases.

One attorney described his client as a perfect candidate, with no record and a good job, impressive references, and a blood alcohol level barely over the legal limit who was pulled over for an equipment violation. In this case, the attorney and client went to the DMV and challenged the license suspension, based on evidence that he was not driving with a blood alcohol level of .08 percent or higher.

Still, Judge Blizzard pointed to an old vehicle code provision under section 23640 that says a person can’t enroll or participate in a treatment program to put their case on hold and eventually have the case dismissed.

Read the story at The Davis Vanguard. 

Identify Judge Misconduct Using the California Judicial Conduct Handbook: News You Can Use

CONSUMER PROTECTION NEWS YOU CAN USE: When the California Commission on Judicial Performance (CJP) investigates a judge accused of misconduct, this is one of the resources they use. 

If you believe you are a victim of judge misconduct, before you make a complaint to the CJP use the California Judicial Conduct Handbook to identify what the misconduct is called and the terminology used to describe it. This will significantly increase the odds that your CJP complaint will succeed.  

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

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.

Identifying and Understanding Judge Misconduct Using the California Judicial Conduct Handbook: News You Can Use

CONSUMER PROTECTION NEWS YOU CAN USE: If you are a victim of judge misconduct, consumer protection experts recommend you read the California Judicial Conduct Handbook before you make a complaint to the state Commission on Judicial Performance. 

 

@susanbassi

Our investigation includes court file review, public records requests and interviews. This is the book all judges are given when elevated to the bench. The exception being private judges who are merely attorneys with the power and immunity of a public court judge only private judges are privately paid.

♬ original sound - SusanBassi

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

California Judicial Council 2008 Snapshot Study: Center for Families, Children and the Courts - 75 Percent of Litigants Self-Represented

This Research Update provides an overview of the major findings from the 2008 Statewide Uniform Statistical Reporting System—also known as the Snapshot Study—conducted by the Administrative Office of the Courts, Center for Families, Children & the Courts. The 2008 study was the sixth since 1991 and involved surveys of parents and mediators involved in court-based child custody mediation sessions statewide during a one-week period in June 2008.

 

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

Conflicts of Interest: Sacramento County Judges Implicated in Wall Street Journal Federal Judge Investigation

Sacramento Superior Court Judges Reportedly Fail to Disclose Conflicts of Interest

A Wall Street Journal investigation has found that federal judges have for years failed to disclose conflicts of interest to the attorneys and litigants who appear before them.   

In July, 2014 we reported that

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.

For years, Sacramento Family Court Report has been investigating and reporting that many judges have undisclosed conflicts of interest. View our reports here. 

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

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

• Examples of systemic attorney misconduct in Sacramento family court.
• Judges are required - by law - to report serious attorney misconduct. 
• Common types of attorney misconduct. 
• Attorneys are required to tell the truth at all times, whether under oath or not. 
• Judge James Mize fails to report egregious misconduct by divorce attorney and temporary judge Paula Salinger. 
• Judge Thadd Blizzard fails to report egregious misconduct by divorce attorney and temporary judge Richard Sokol.
• Judges Thadd Blizzard and Matthew Gary fail to report attorneys who aided criminal child abductions. 
• Sacramento County Superior Court judges fail to report alleged racketeering and antitrust activity by divorce lawyers.  

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

Commissioner Peter McBrien Misconduct Prosecution by the Commission on Judicial Performance: Records Catalog

• Judge Peter McBrien misconduct Commission on Judicial Performance prosecution documents catalog. 

• Judge Peter McBrien Sacramento County criminal prosecution documents catalog. 

• Sacramento News and Review: A view to kill for. 
• Sacramento News and Review: Peter McBrien articles catalog. 

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

Pro Per Parties Report Fair, Equal Treatment Continues to Evade Financially Disadvantaged Litigants Without Lawyers

 

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

Justice Arthur Scotland: Federal Crimes Alleged by Sacramento Superior Court Whistleblowers - 18-page Catalog

Arthur Scotland criminal allegations catalog at issuu.

• Read more about controversial 3rd District Court of Appeal Justice Arthur G. Scotland. 
• Read more about the controversial 3rd District Court of Appeal in Sacramento.

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

Judge Matthew Gary Serial Misconduct Saga: Court Watchdogs Stunned by Return of Controversial Judge-Clerk Team to Family Court

Court clerk Christina Arcuri with Judge Matthew Gary 

Sacramento Superior Court Presiding Judge Kevin Culhane has reassigned troubled Judge Matthew J. Gary - and his equally controversial clerk Christina Arcuri - to hear cases in the family law courthouse.

Under a cloud of controversy, in 2014 Gary and Arcuri were moved from a family law courtroom in the William Ridgeway Family Relations Courthouse on Power Inn Road to a probate/mental health law courtroom in the same courthouse. 

Court watchdogs assert that Gary and Arcuri are openly biased against self-represented litigants who cannot afford to hire an attorney, and who make up more than 70 percent of court users in family court. Court employee whistleblowers also allege that the pair have been engaged in an improper, long-term personal relationship for over ten years. The couple deny the claim.
   

After generating a number of complaints during the course of their assignment to the probate/mental courtroom, in 2015 Gary and Arcuri were again reassigned to hear trial and misdemeanor warrants and mental health hearings in Department 13 at the Gordon D. Schaber courthouse in downtown Sacramento. The pair reportedly also generated complaints in that assignment and have now cycled back to the family law courthouse, to Department 122. 

In their prior family court stint, Gary and Arcuri were involved in a string of scandals, including 

• Gary failing to disclose a conflict of interest involving his now-ex wife's software company.  
• A full reversal by the 3rd District Court of Appeal of a judgment issued by Gary in the Seaton divorce case. 
• Gary's premature removal from a family court supervising judge position by then-Presiding Judge Laurie Earl.
• Infighting after his removal as family court supervising judge, forcing the resignation of his successor, Judge Jamie Roman.   
• Gary's forced removal from a family law case ordered by San Joaquin County Judge Xapuri Villapudua. 
• The illegal in-court arrest of an indigent, self-represented, disabled family court parent, caught on a courtroom security video and subsequently leaked by a court employee whistleblower. 
• Failing to report alleged obstruction of justice crimes by a prominent family law attorney with a history of misconduct.  
• Issuing a series of allegedly illegal orders against an indigent, disabled parent who was self-represented because she couldn't afford to hire a lawyer.  
• Attempting to obstruct an appeal of orders issued by Gary. 
• Failing to report to law enforcement an alleged racketeering enterprise operating in the family court system. 

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

Sacramento Superior Court Judge Misconduct Victims Attend, Testify at State Assembly Hearing on Commission on Judicial Performance Problems

In the video clip above, Commission on Judicial Performance whistleblower and court reform advocate Joe Sweeney testifies at a California Assembly Budget Committee hearing on March 28, 2016. The CJP is responsible for judge oversight and accountability in the state. 

Several days before the hearing, Sweeney's court modernization and reform organization, Court Reform LLC, released a 78-page report which raised questions about CJP judicial misconduct statistical data and how the agency spends taxpayer funds.

Sacramento Superior Court Controversy: Illegal Child Custody Order, Judge Approved Child Abduction Among Issues in Landmark Appeal

Judge Matthew Gary's authorization of a criminal child abduction by the client of attorney Timothy Zeff is one of several judicial misconduct issues raised in the Susan Ferris appeal. Zeff is the law partner of temporary judge divorce attorney Scott Buchanan. Court whistleblowers allege that judge pro tem attorneys receive preferential treatment that amounts to racketeering.  

Friday Document Dump

The opening brief filed in an appeal from orders issued by Judge Matthew Gary and embedded at the bottom of this post documents misconduct by the controversial judge in the Susan Ferris case. Court records show that Ferris - who is indigent, disabled and did not have a lawyer - was illegally stripped of her parental rights, subjected to draconian financial sanctions that made her homeless, and denied her constitutional rights to due process, access to the courts and equal protection.

For our complete coverage of the trial court proceedings which resulted in this landmark appeal, click here. For Sacramento Bee coverage of the case, click here. For complete coverage of Judge Matthew J. Gary, click here. To view an exclusive SFCN video of Ferris describing her ordeal in her own words, click here.

Judge Matthew Gary Misconduct, Collusion with Attorney, Accessory After the Fact to Criminal Child Abductio... by California Judicial Branch News Network

Judge Matthew Gary Misconduct: Illegal Arrest and Assault of Disabled Pro Per Video Gets National Coverage - Generates Record View Count at SFCN YouTube Channel

Leaked Sacramento Superior Court Security Video Goes Viral After Blurb by National Legal News Site Above the Law  

This blurb by the national legal news website Above the Law significantly spiked the view count of the whistleblower leaked courtroom security video posted at the Sacramento Family Court News YouTube Channel. 

A whistleblower leaked courtroom security video posted on YouTube by Sacramento Family Court News has logged a record shattering 800 views in less than a week. The view count is attributed to New York-based legal news website Above the Law coverage of our Aug. 21 article, which included the embedded video. By comparison, most videos at the SFCN YouTube Channel generally take a year or more to clock 800 views. SFCN Google Analytics statistical data show that the bulk of the Above the Law referrals originated at East Coast law offices in New York, Washington D.C., Boston, and Chicago. The Washington D.C. readers also included employees at federal government agencies, according to Google. The graphic security tape records the illegal courtroom arrest and assault of disabled, self-represented litigant and family court reform activist Robert Saunders. 

Controversial Judge Matthew J. Gary, responsible for ordering the unlawful arrest, has not been disciplined or otherwise held accountable by the Commission on Judicial Performance, the state agency responsible for the oversight of California judges. 

Click to visit Sacramento Family Court News on: Facebook, YouTube, Google+, Scribd, Vimeo, and Twitter. For additional reporting on the people and issues in this post, click the corresponding labels below: