Showing posts with label CRIMINAL CONDUCT. Show all posts
Showing posts with label CRIMINAL CONDUCT. Show all posts

06 March 2016

Judges Thadd Blizzard and Matthew Gary, and Attorneys Who Aided Criminal Child Abductions Remain Unaccountable

United States Attorney Benjamin Wagner Sacramento Federal Prosecutor - 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,  Judge Thadd Blizzard Sacramento County Judge Matthew Gary, Judge Kevin Culhane, Judge James Mize Sacramento Superior Court - Sacramento District Attorney Anne Marie Schubert Prosecutor
A child abduction that deprives a parent of a right to custody or visitation is a crime in California.

Watchdogs Charge Preferential Treatment Provided To Judge Pro Tem Divorce Attorneys


After more than two years, Sacramento Superior Court Judge Thadd Blizzard and judge pro tem divorce lawyer Richard Sokol have yet to be held accountable for their role in an out-of-state, criminal child abduction by Sokol's client, April Berger. Read our 2014 investigative report, which includes a court reporter transcript memorializing the allegations. 

After more than five years, Judge Matthew Gary and divorce attorney Timothy Zeff have not been held accountable for their role in the out-of-state, criminal child abduction of Megan Ferris. Zeff is the partner of judge pro tem attorney Scott Buchanan. Read our two reports: 

Government whistleblowers allege that the judge-authorized criminal abductions are additional evidence of racketeering by a "cartel" of judges and local family law attorneys who also work as part-time judges in the same court. 

16 July 2015

Whistleblowers Blame Systemic Statewide Court Corruption on Judicial Council Chair Tani Cantil-Sakauye

Supreme Court Chief Justice Implicated in California Court Corruption Epidemic

Judge James Mize, Judge Robert Hight, Sacramento County, Supreme Court of California, Justice Leondra R Kruger, Justice Mariano Florentino Cuellar, Justice Goodwin H Liu, Justice Carol A Corrigan, Justice Ming W Chin, Justice Kathryn M Werdegar, Justice Tani G Cantil Sakauye, Supreme Court of California, Judicial Council of California, Commission on Judicial Performance, California Supreme Court, Victoria Henley CJP, Janice M Brickley - 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
California Judicial Branch watchdogs allege that Supreme Court Chief Justice Tani Cantil-Sakauye is responsible for a court corruption epidemic sweeping the state. 

Case Fixing Scandal, Racketeering Scheme, Whistleblower Retaliation Attributed to Leadership of Judicial Council Chair Tani Cantil-Sakauye 


Sacramento Family Court News has published an exhaustive, investigative report alleging that a criminal organization involving judges and local attorneys operates within the Sacramento County family law court system. The report is the latest allegation that corruption has reached epidemic levels in California courts.

Court whistleblowers and watchdogs charge that California Judicial Council Chair Tani Cantil-Sakauye has used her position to quash investigations into the alleged criminal conduct of her former coworkers in Sacramento Superior Court, and the adjacent, and troubled 3rd District Court of Appeal.

To continue reading, click Read more >> below: 

12 June 2015

Sacramento Superior Court Corruption: Criminal Case Against Judge Peter McBrien - Investigator Report from Sacramento District Attorney

Criminal Investigation Against Judge Peter McBrien: Whistleblower Leaked Report from Sacramento County District Attorney's Office

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, Leondra R Kruger, Mariano Florentino Cuellar, Goodwin H Liu, Carol A Corrigan, Ming W Chin, Kathryn M Werdegar, Tani G Cantil Sakauye, Sacramento Superior Court, Judge Peter McBrien, Judge Robert Hight, Judge James Mize, Commission on Judicial Performance, CJP, Victoria Henley, Judge Kevin R. Culhane – Hon. Kevin R Culhane – Judge Kevin Culhane -
In 2000, Judge Peter McBrien faced a felony
criminal charge for the destruction of
trees in a public park.
Friday Document Dump - SFCN Exclusive

The criminal investigation report of Judge Peter McBrien by Sacramento County District Attorney's Office Criminal Investigator Craig Tourte is embedded below. To view additional records from the 2000 prosecution and conviction of McBrien, click here. To read the Sacramento News and Review cover story about the case, click here. 

In 2009, McBrien was caught lying under oath to the Commission on Judicial Performance about the circumstances surrounding his 2000 criminal conviction. Court watchdogs allege that the judge also is responsible for a family court criminal racketeering enterprise involving collusion and kickbacks between judges and divorce attorneys who also work as part-time judges in the same court. Click here for our investigative report.   

McBrien retired from the bench in 2014, but was authorized to continue working as a family court commissioner by controversial Sacramento County Presiding Judge Robert Hight and troubled family court Supervising Judge James Mize. Hight testified as a character witness in support of McBrien at the judge's 2009 CJP prosecution. Mize also testified as a character witness for McBrien.

16 February 2015

Sacramento Superior Court Criminal Activity Alleged At Judicial Council Meeting Protest & Public Comment

Family Court Judge-Attorney Collusion, RICO Racketeering and Other Crimes To Be Submitted at Judicial Council Meeting

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, Judge James Mize Sacramento, Judge Robert Hight Sacramento Superior Court, US District Court Eastern District of California, Sacramento Federal Court, United States Courts, Judge Kevin R. Culhane – Hon. Kevin R Culhane – Judge Kevin Culhane -
The Center for Judicial Excellence, a Marin-based family court reform organization, has initiated a "Year of Action to Stop Court Crimes" campaign throughout California.

Evidence of alleged criminal activity by Sacramento Superior Court judges, employees, and part-time judges who also work as for-profit divorce lawyers will be presented by court watchdogs and whistleblowers at a Judicial Council meeting in Sacramento on Thursday, February 19. The presentation is a component of the "Stop Court Crimes" campaign sponsored by the Center for Judicial Excellence, a Marin-based family court reform organization. 

The statewide CJE "Year of Action to Stop Court Crimes" campaign kicked-off in September with a rally at the Judicial Council in San Francisco, and is slated to run throughout 2015. Family court watchdogs from 16 California counties attended, including a strong Sacramento County contingent. The event generated press coverage by the San Francisco Examiner. In addition to the rally, the group made a formal, written request for an audience with the Chair of the Judicial Council to present evidence and discuss alleged criminal activity and other misconduct by family court judges and employees throughout the state. The request was denied, and the group was directed to express their concerns at the public comment segment provided at regularly scheduled Judicial Council meetings.

To continue reading, click Read more >> below:

10 September 2014

Sacramento Superior Court Corruption: Family Court Reform Advocates To Attend Judicial Council Protest

Criminal Activity by Family Court Judges, Employees, and Part-Time Judges To Be Reported To Judicial Council
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, Judge James Mize Judge Robert Hight, Judge Tani Cantil-Sakauye Judge Kevin R. Culhane – Hon. Kevin R Culhane – Judge Kevin Culhane -
The Center for Judicial Excellence will initiate
a year-long "Stop Court Crimes" campaign on
September 19.

Evidence of alleged criminal activity by Sacramento Superior Court judges, employees, and part-time judges who also work as for-profit divorce lawyers will be submitted by court watchdogs and whistleblowers at the Judicial Council headquarters in San Francisco on Friday, September 19. The protest event is a component of the "Stop Court Crimes" campaign sponsored by the Center for Judicial Excellence, a Marin-based family court reform organization. 

The statewide CJE "Year of Action to Stop Court Crimes" campaign will start with a rally at the Judicial Council, and is slated to run throughout 2015. Family court watchdogs from counties across California are expected to attend, including a Sacramento County contingent. 

The Stop Court Crimes initiative plans to expose corruption and improve court accountability and transparency through an education campaign targeting the Judicial Council, Legislature, State Bar, Commission on Judicial Performance and other agencies responsible for Judicial Branch oversight.  

Sacramento Superior Court watchdogs and whistleblowers have long asserted that the local family court system operates as a Kids-for-Cash-style racketeering enterprise where children effectively are bought and sold for the financial gain of unethical lawyers. The criminal organization includes the active involvement of several family court judges, and the acquiescence of other Sacramento Superior Court judges who are aware of, but turn a blind eye to the corruption, according to court reform advocates.

Event details from the Center for Judicial Excellence: 

28 August 2014

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  

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 – Third District Court of Appeal California - 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 Kevin R. Culhane – Hon. Kevin R Culhane – Judge Kevin Culhane -
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:

21 August 2014

Government Whistleblower Leaks Courtroom Security Video of Illegal Arrest of Disabled, Unrepresented "Pro Per" Parent




Judge Matthew Gary Abuse of Authority Alleged 


A startling courthouse security video leaked by a government whistleblower records the illegal 2009 assault and arrest of indigent, disabled pro per litigant and family court reform activist Robert Saunders. During a March 9, 2009 court hearing, Judge Matthew Gary ordered the self-represented Saunders arrested and jailed for contempt of court.

Two outside, independent judges who later reviewed the incident determined that both the contempt charge and arrest were illegal.

One of the two reviewing judges also issued an order removing Gary from the case for bias and violating state contempt law. The new video leak appears to reinforce the review findings, showing Saunders sitting passively at the courtroom counsel table until a painful "control hold" is applied to his arm by a deputy sheriff.

When Saunders reacts to the pain, a wrestling match ensues until additional deputies arrive to subdue and apply handcuffs to the illegally arrested victim. The pro per is then shuffled off to the county jail through a rear exit in the courtroom. 


Saunders is 5' 8" tall, weighs 162 pounds, relies on a cane to walk, and, at the time of the arrest, was 57-years-old, according to the police report from the incident.

To continue reading, click Read more >> below:

07 July 2014

Obstruction of Justice Crimes Alleged Against Family Court Temporary Judge and Sacramento County Bar Officer Paula Salinger

California Supreme Court, Justice Leondra R Kruger, Justice Mariano Florentino Cuellar, Justice Goodwin H Liu, Justice Carol A Corrigan, Justice Ming W Chin, Justice Kathryn M Werdegar, Justice Tani Gorre Cantil-Sakauye, Supreme Court of California
Woodruff, O'Hair, Posner and Salinger partner Paula Salinger allegedly engaged in obstruction of justice crimes against an indigent, disabled domestic violence victim without an attorney. Oversight authorities, including Sacramento County District Attorney Jan Scully and the State Bar have declined to investigate the allegations. 


Whistleblower leaked records from a Sacramento Family Court case - embedded at the bottom of this post - indicate that criminal acts were committed by family law attorney and temporary judge Paula Salinger against an indigent, unrepresented, pro per family court party.

The pro per was a victim and witness in a family court criminal contempt case filed against a Salinger client, and the pro per also is disabled with a cognitive disability, and is a domestic violence victim, according to court records.

Family court reform advocates say the case is another example of the complete lack of oversight and accountability of attorneys who engage in egregious misconduct against disadvantaged, pro per litigants who can't afford legal representation.

To continue reading, click Read more >> below:

14 January 2014

Judge Thadd Blizzard Controversy: Court Order Authorizes Criminal Child Abduction for Judge Pro Tem Attorney Richard Sokol - Whistleblower Leak

A whistleblower leaked court reporter transcript records Judge Thadd Blizzard approving a
criminal child abduction by a client of part-time judge divorce lawyer Richard Sokol.
 

Tuesday Document Dump

A whistleblower leaked court reporter transcript obtained by Sacramento Family Court News reveals that Judge Thadd Blizzard last November retroactively endorsed an unlawful out-of-state "move away" and child abduction at the request of local judge pro tem attorney Richard Sokol.  The transcript is embedded at the end of this article.

The unprecedented ruling went against San Francisco attorney Archibald Cunningham, who the transcript reflects was dumbfounded by the decision.

The bizarre chain-of-events began after Cunningham's disabled client, Robert Saunders, filed paperwork seeking child visitation under an existing temporary custody order. After the visitation paperwork was lodged, Sokol's client, April Berger, abruptly moved to Hawaii with the parents' twin daughters without the permission of the court.

To continue reading, and to view the complete court reporter transcript, click Read more >> below...

15 February 2013

Andy Furillo, Sacramento Bee & Court Administrators Conceal Temporary Judge Status of Sexual Predator Family Law Attorney

Judge Pro Tem Attorney Gary Appelblatt Convicted of Sexual Battery Against Clients

Sacramento Bee Whitewashes Coverage

Sacramento Family Court News Exclusive
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 -Andy Furillo - Sacramento Bee - Bar Association Sacramento, Family Law Attorney Gary Appelblatt, Temporary Judge, Judge Pro Tem, Divorce Lawyer - Sacramento Bee - Joyce Terhaar Editor and Senior Vice President – Deb Anderluh Senior Editor for Investigations and Enterprise – Sacramento Bee - Marjie Lundstrum Reporter-Investigations – Ken Chavez Senior Editor-Local News – Maury Macht Team Leader II-Local News – Kim Minugh Reporter-Crime – Charles Piller Reporter-Investigations – Cynthia Hubert Reporter-Social Services – Sacramento Bee – Tom Knudson Reporter-Investigaions – Denny Walsh Reporter-Federal/State Supreme Courts – Phillip Reese Reporter-Investigations – Anthony Sorci Team Leader-Local News – Steuart Leavenworth Editorial Page Editor – Gary Reed Forum Editor – Dan Morain Senior Editor – Sacramento Bee – Ginger Rutland Associate Editor – Foon Rhee Associate Editor – Brian Blomster Online News Editor - Elaine M. Howle State Auditor Bureau of State Audits - Victoria B. Henley Director Chief Counsel Commission on Judicial Performance – Steven Jahr Administrative Director of the Courts - Phillip J. Jelicich Principal Auditor Bureau of State Audits - Janice M. Brickley Legal Advisor to Commissioners Commission on Judicial Performance - Judicial Council and Court Leadership Services Division Jody Patel Chief of Staff - Doug D. Cordiner Chief Deputy State Auditor Bureau of State Audits - Bradford L. Battson Senior Attorney III Commission on Judicial Performance - Judicial and Court Operations Services Division Curtis L. Child Chief Operating Officer – Donna L. Neville Staff Counsel IV Bureau of State Audits- Sei Shimoguchi Senior Attorney III Commission on Judicial Performance - Judicial and Court Administrative Services Division Curt Soderlund Chief Administrative Officer - 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 Kevin R. Culhane – Hon. Kevin R Culhane – Judge Kevin Culhane -
The criminal defense lawyer for Judge Pro Tem Gary 
Appelblatt argued that the alleged sexual battery by 
his client was consensual.

The first sexual battery victim of Sacramento Family Court Temporary Judge Gary Appelblatt contacted the Sheriff's Department on Feb. 17, five years ago today. 


The then-prominent Sacramento Bar Association Family Law Section attorney ultimately was charged with 13-criminal counts including sexual battery and penetration with a foreign object. The victims were Appelblatt's divorce clients and potential clients.

"[A]ppelblatt invited the clients into his American River Drive law office and drew the blinds. He shooed out any visitors and locked the door. Then, testimony showed, the 57-year-old divorce lawyer moved the women over for physical exams on what the judge described as the attorney's 'convenient couch.' Some had their tops removed, and he reached into the pants of some of the other women...[Deputy District Attorney Keith Hill] said the lawyer's perversions took advantage of weakened victims who sought his professional services at 'terrible emotional' times in their lives," Sacramento Bee reporter Andy Furillo wrote in 2008. 

In 2008 and 2009 the Bee published four stories about the Appelblatt case - three with the byline of Furillo - a veteran reporter on the courthouse beat. None of the stories disclosed that Appelblatt held the Office of Temporary Judge. 

To continue reading, 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:   

26 November 2012

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: 

06 July 2012

Attorney Misconduct: Federal Indictment for Unethical, Illegal Attorney Conduct Includes Obtaining False and Misleading Testimony

Federal Conspiracy, Honest Services Fraud Indictment Includes Violations of Attorney Fiduciary and Legal Duties

Friday Document Dump

Violations of lawyer ethical standards can be used as evidence of criminal conduct, according to records from a U.S. District Court. A federal criminal indictment filed against an attorney in Nevada indicates that violations of professional standards are one component in a criminal prosecution for honest services mail or wire fraud, conspiracy, money laundering, witness tampering and obstruction of justice. Personal injury attorney Noel Gage was charged in a scheme to defraud clients of the honest services of their attorneys, and obtain the money and property of others by false pretenses, representations, promises, omissions of material fact, and half-truths. The indictment recites the duties owed by an attorney to a client, including providing honest services that are free from self-dealing, corruption, fraud, deceit and conflicts of interest. According to the document, the duties include: 
  • The duty to deal honestly and forthrightly with others in connection with a client's case;
  • The duty to provide honest and independent counsel to clients;
  • The duty to remain free of conflicts of interest with a client; 
  • The duty to act at all times in the best interests of the client; 
  • The duty to disburse money from the proceeds of a client's settlement or judgment honestly and with full disclosure to the client; and 
  • The duty to ensure that others who are employed by the attorney in connection with a client's case comport with the same duties and obligations listed above.     


For additional reporting on the issues in this post, click the corresponding labels below: 

27 April 2012

Judge Matthew Gary Abuse of Authority: Indigent, Disabled, Unrepresented Litigant Illegally Arrested and Jailed for Contempt of Court

Judge Matthew Gary Escapes Accountability for Illegal Arrest and Incarceration of Disabled Pro Per

Friday Document Dump

As this document reflects, Sacramento County Family Court Judge Matthew Gary ordered his courtroom bailiff to arrest and jail unrepresented, disabled litigant Robert Saunders for contempt of court on March 9, 2009. The incident was witnessed by Sacramento County Bar Association Family Law Section attorneys Richard Sokol and Elaine Van Beveren. Each lawyer also serves as a temporary judge in the same court. 

Two independent judges subsequently determined that both the arrest and contempt charge were unlawful, and the criminal case was dismissed. Both Sokol and Van Beveren had a legal and ethical duty to report Gary's misconduct. Courtroom clerk Christina Arcuri also had a legal and ethical duty to report the misconduct. None of the witnesses reported the misconduct or otherwise took any corrective action. At the same hearing, the judge issued an illegal "no-contact" order prohibiting Saunders from having any contact with his twin daughters. Saunders has not seen his children since. Gary has never been held accountable for his misconduct and violation of Saunders' constitutional, civil, and parental rights. Click here to read the exclusive Sacramento Family Court News report of the March 9, 2009 incident.