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.
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:
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.
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.
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:
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| 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.