Russell Carlson Testimony for Judge Peter McBrien Defense Team: Code of Judicial Ethics Violations Prosecution by the Commission on Judicial Performance – Character Witness Testimony by Judge Pro Tem Attorney Russell W. Carlson of Carlson & Gevelinger Law Firm – Sacramento Superior Court Corruption-Racketeering Allegations Evidence Catalog: 18 USC 1962 RICO Racketeering – 18 USC 1346 Honest Services Fraud – 18 USC 371 Conspiracy to Defraud United States – 18 USC 666 Theft-Bribery Concerning Programs Receiving Federal Funds – 18 USC 1341 Mail Fraud – 18 USC Wire Fraud – California Supreme Court Justice Tani Cantil-Sakauye, Justice Goodwin Liu, Justice Carol Corrigan, Justice Leondra Kruger, Justice Ming Chin, Justice Mariano-Florentino Cuellar, Kathryn Werdegar Supreme Court of California
Russell Carlson Testimony for Judge Peter McBrien Defense Team: Code of Judicial Ethics Violations Prosecution by the Commission on Judicial Performance – Character Witness Testimony by Judge Pro Tem Attorney Russell W. Carlson of Carlson & Gevelinger Law Firm – Sacramento Superior Court Corruption-Racketeering Allegations Evidence Catalog: 18 USC 1962 RICO Racketeering – 18 USC 1346 Honest Services Fraud – 18 USC 371 Conspiracy to Defraud United States – 18 USC 666 Theft-Bribery Concerning Programs Receiving Federal Funds – 18 USC 1341 Mail Fraud – 18 USC Wire Fraud – California Supreme Court Justice Tani Cantil-Sakauye, Justice Goodwin Liu, Justice Carol Corrigan, Justice Leondra Kruger, Justice Ming Chin, Justice Mariano-Florentino Cuellar, Kathryn Werdegar Supreme Court of California
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INQUIRY CONCERNING
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REPORTED BY:
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JUN 2 3 2009
STATE OF CALIFORNIA
COMMISSJON ON
JUDICIAL PERFORMANCE
INQUIRY CONCERNING
JUDGE PETER J. McBRIEN,
F IL E D
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Commission
on
Judicial Perfor
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No. 1 85
" [T]his is a very serious proceeding. There' s no question about it. And the
problem is, when people 's livelihood is on the line, I think that you should
be able to show as much positive aspects of somebody, especially Judge
McBrien here, who has gone out-he' s not been prodded. He got into the
soup kitchen right after the search warrant was filed [in the tree case] . And
these are things he said he wants to do. He wants to make amends, and I
think that' s quite good." (Exhibit 46, pp. 1 29- 1 30)
Judge McBrien's post-hearing statement
In response to his hearing testimony about the prior disciplinary matter, and the
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Commission' s introduction of his prior sworn statement, Judge McBrien submitted the
PART VIII
CHARACTER EVIDENCE
At the hearing, Judge McBrien called numerous witnesses to testify to his good
character and judicial demeanor.
Judge James Mize, the presiding judge of the Sacramento Superior Court, often
appeared before Judge McBrien in the family law division before his own appointment to
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the bench in 2000. Judge Mize testified that when he appeared as an attorney in family
law cases, Judge McBrien was fair, impartial, courteous, dignified, and patient, and Judge
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Mize considered him an asset to the family law bench. As a family law practitioner,
1 14
If you' re a good, prepared family law attorney, you want to be in his court. If you' re
unprepared and you ' re not a good family law attorney, you may not necessarily want to
be in his court." (HT 5 56) Justice Scotland testified that Judge McBrien did not act
inappropriately, even if an attorney was not prepared. (HT 5 57)
Justice Scotland testified Judge McBrien was an asset to the family law bench, and
it would be a great blow to family law practitioners and the bench if he left the division
for any reason. Justice Scotland greatly respected Judge McBrien for voluntarily staying
in the family law division because it was a tough assignment and involved very
or
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appeared before Judge McBrien in family law cases since Judge McBrien' s assignment to
that depatiment. Judge McBrien was courteous to litigants and attorneys, patient, and
j udicially dignified. Judge McBrien' s demeanor was "what I would expect of a judge."
(HT 5 1 4-5 1 6) Judge McBrien had ruled against Mr. Guthrie but he had always been fair.
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(HT 5 1 5)
Russell Carlson, an attorney for 1 3 years, testified his practice was about 80
percent family law, and he was a member of the Family Law Section of the Sacramento
County Bar Association. He also served voluntarily as a pro tem judge in the family law
division. (HT 5 1 8-5 1 9) He had tried cases and argued law and motion matters before
Judge McBrien. He testified that Judge McBrien was courteous to litigants and attorneys,
patient, and dignified. Judge McBrien was always fair, even when Mr. Carlson did not
agree with his rulings. (HT 520)
Judge McBrien was "[a]bsolutely" an asset to the family law bench. "He's been
the mainstay throughout my career in family law . . . . So if I have cases where I have
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questions on how to judge my role, this is who I will go to, Judge McBrien, to ask those
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questions. When I ' m pro temming, if l have particular problems or need to bring litigants
or attorneys down, this is the judge I ' ll bring them to." (HT 52 1 )
Robert O ' Hair testified he had practiced family law since 1 98 1 or 1 982. He was a
certified family law specialist, a member of the Sacramento County Bar Association' s
Family Law S ection, and he served on that section' s executive committee. (HT 5 83-5 86)
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He worked with Judge McBrien in that capacity on methods to streamline family law
cases and improve the local rules. (HT 5 86-5 8 8) Mr. O' Hair testified Judge McBrien
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was dedicated to the improvement of family law in Sacramento County, and he was "one
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of the more active judges" in that area compared to other members of the bench. (HT
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5 88)
Mr. O'Hair conducted four or five trials before Judge McBrien, and "[s] ome of my
biggest defeats have probably come from Judge McBrien." (HT 5 8 8 , 5 89) Mr. O' Hair,
however, considered Judge McBrien an asset to the family law bench, and described him
as fair, patient, courteous to litigants and attorneys, hard working, and knowledgeable
about the law . (HT 5 8 8- 5 89)
Camille Hemmer testified she had exclusively practiced family law in Sacramento
since 1 98 5 , and she was a certified family law specialist. (HT 59 1 ) She was a member
of the S acramento County Bar Association, and held every post in that organization. She
also served on the Family Law Section' s executive committee. She briefly represented
Mr. Carlsson in his dissolution. (HT 592-593 )
Ms. Hemmer regularly appeared before Judge McBrien. She tried five or six cases
and argued about 40 law and motion matters before him, and worked with him on the
Family Law Section's Executive Committee. (HT 593-594) She testified Judge McBrien
was patient, courteous to litigants and attorneys, and an asset to the superior court bench.
He was a good judge and she would continue to accept trial assignments before him. (HT
5 94-595)
1 20
reflect any bias or prejudice against either Mr. Carlsson or Ms. Huddle. Aside from the
incident on the last afternoon of trial, Judge McBrien never prevented a witness from
testifying and never cut off a witness ' s testimony. While Judge McBrien improperly and
inappropriately terminated the trial, Ms. Huddle failed to pursue other opportunities to
introduce evidence through a settled statement or stipulation, and her failure to do so was
based upon her own decisions and not on Judge McBrien' s conduct.
FA CTORS IN A GGRA VA T/ON
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2. Judge McBrien continues to lack insight into how his actions in the Carlsson
matter would be perceived by the public .
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4. At the Special Masters ' hearing, Judge McBrien gave testimony inconsistent
with his prior sworn statement regarding the underlying matter of his prior public
admonishment.
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5 . Judge McBrien improperly tried to use the Special Masters ' hearing as a public
forum to address a grievance with the media on a prior disciplinary matter.
FA CTORS IN MITIGA TION
1 . Judge McBrien is extremely hard working, keeps long hours, willingly works
through lunch hours, and takes short breaks to make sure parties get their trial time.
2 . Judge McBrien voluntarily stayed in the family law division for nearly 20
years .
3 . Judge McBrien played an active role in revising the family law system to allow
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4. Judge McBrien had a good faith belief in his duty to repmi a possible criminal
violation.
6. The disciplinary action taken against Mr. Carlsson by his employer was based
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1 0 . Judge McBrien has served as a mentor to new judges in the family law
division.
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1 1 . Judge McBrien has continued to work with the family law bar to improve the
trial system in family law division.
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Respectfully submitted,
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Hon. Dennis A. Cornell
Presiding Special Master
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18 July 2013
SHORTCUTS TO POPULAR
SUBJECTS AND POSTS
Vance W. Raye Third District Justice and Judge Peter McBrien Turn Over
Court Operations to SCBA Family Law Section Lawyers
JUDICIAL MISCONDUCT
(63)
ATTORNEY MISCONDUCT
(35)
SCBA
(22)
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MATTHEW J. GARY
(33)
FLEC
(28)
PRO PERS
(18)
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EMPLOYEE MISCONDUCT
(18)
DOCUMENTS
(16)
DIVORCE CORP
(13)
Vance Raye and Peter J. McBrien were the
architects of the current family court system.
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Privacy Policy
ATTORNEY MISCONDUCT
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HOME
The 1991 restructuring plan began with a road trip suggested by the family law bar:
"[T]he family law bar, and it was a fairly strong bar here in Sacramento, initiated the concept of a trip
to Orange County and San Diego County to pick up some ideas about how their courts were
structured. And myself and Judge Ridgeway and two family law attorneys made that trip and came
back with various ideas of how to restructure the system," McBrien told the CJP.Click hereto view.
But before his sworn 2009 CJP testimony,
McBrien gave the public a differentaccount of
the road trip and who restructured the family
JAMES M. MIZE
(12)
COLOR OF LAW SERIES
(11)
CONFLICT OF INTEREST
(11)
SATIRE
(11)
WOODRUFF O'HAIR
POSNER and SALINGER
(11)
JAIME R. ROMAN
(10)
LAURIE M. EARL
(10)
NO CONTACT ORDERS
(10)
or
k
SHARON A. LUERAS
(10)
WHISTLEBLOWERS
(10)
The judge omitted from the story the fact that the
trip was initiated by the family law bar, and
included two private-sector family law attorneys
who took the county-paid tour with McBrien and
the late Judge William Ridgeway. As the Daily
Journal reported:
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FERRIS CASE
(8)
JESSICA HERNANDEZ
(8)
'Now, if you're ready and unable to settle, chances are 99.9 percent that you are going out [to trial] the
first time,' McBrien said. 'A lot of that is attributable to the willingness of the Sacramento bar to work
as settlement counselors.'"Click hereto view theDaily Journalreport.
To continue reading the rest of this article, visit our special, updated 3rd District Court of Appeal page. Click
here. For more on the alleged collusion between judges and attorneys who also serve as Sacramento Superior
Court temporary judges and work as settlement counselors, visit our special judge pro tems page.For additional
posts about the people and issues in this report, click on the corresponding labels below.
Posted by
PelicanBriefed
at
11:20 AM
CHRISTINA VOLKERS
(8)
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RAPTON-KARRES
(9)
CARLSSON CASE
(9)
JULIE SETZER
(7)
YOUTUBE
(7)
3rd DISTRICT COA
(6)
CIVIL RIGHTS
(6)
CHRISTINA ARCURI
(5)
CONTEMPT
(5)
THADD BLIZZARD
(5)
FAMILY LAW FACILITATOR
(4)
LUAN CASE
(4)
CANTIL-SAKAUYE
(3)
MIKE NEWDOW
(2)
Labels:
3rd DISTRICT COA,
ANALYSIS,
APPEALS,
ATTORNEY MISCONDUCT,
CJP,
FLEC,
JUDGE PRO TEM,
JUDICIAL MISCONDUCT,
NEWS EXCLUSIVE,
PETER J. McBRIEN,
SCBA,
VANCE W. RAYE
- William R. Ridgeway
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Location:
Sacramento County Superior Court Family Relations Courthouse - 3341 Power Inn Road, Sacramento, CA 95826, USA
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Sacramento Family Court News via Google+ 1 year ago - Shared publicly
Vance W. Raye Third District Justice and Judge Peter McBrien Turn Over Court Operations
to SCBA Family Law Section Lawyers.
Leaked Transcript Indicates Vance Raye & Judge Peter McBrien Enabled Family Law Bar
Control of Court in 1991:
In 1991, as a superior court judge, current 3rd District Court of Appeal Presiding Justice
COMMISSION
ON
JUDICIAL
--
PERFORMANCE
-oOo
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INQUIRY
CJP
CONCERNING
PETER
J.
ORIGINAL
McBRIEN
185
NO.
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TRANSCRIPT
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HEARING
14
1,
THE
MASTERS
CALIFORNIA
2009
PAGES
- 250
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VOLUME
OF
SPECIAL
1,
APRIL
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BEFORE
SACRAMENTO,
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JUDGE
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REPORTED
BY:
SANDRA LEHANE
REGISTERED PROFESSIONAL
23
CERTIFIED
SHORTHAND
155
24
Alameda,
Orr
NO.
7372
Road
California
(510)
REPORTE:R
REPORTER
94502
864-9645
25
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IN RE
CJF NO.
185 - 4/1/09
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A.
Q.
A.
It is.
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building.
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no.
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So the Bar
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here in Sacramento,
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as of how
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Now,
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There is.
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There was.
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There is.
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Q.
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Okay.
We
first of all,
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good relationship.
But basically,
we moved to a system
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departments on Monday,
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calendar.
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Q.
Tuesday,
Wednesday,
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and we hear
in fact,
those
Backing up,
/09----------------------~
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Q.
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Correct.
Q.
current system?
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Correct.
Q.
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at the time,
Court of Appeal?
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escapes me,
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years.
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Dave Sterling?
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Dave Sterling.
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Now,
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Was that
4/1/09 - -_ _ _ _ _ _ _ _--1
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plan,
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It was.
Q.
When?
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Tuesdays and
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Friday;
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right?
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Wednesdays f
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be willing to volunteer,
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~----------------------IN
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191
They are.
Q.
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If,
less trial,
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No.
Q.
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The attorneys.
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411109----------------------~
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complete it,
Q.
A.
They would.
Q.
Carlsson vs.
A.
Correct.
Q.
obviously,
Carlsson case?
in the respondent's
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MR. MURPHY:
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May I
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THE WITNESS:
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MR.
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Okay.
yes.
MURPHY:
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Exhibit C,
THE WITNESS:
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MURPHY:
you said C?
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Ms.
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Q.
Carlsson asking to
continuance?
A.
185
joinder
411109------------~
193
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232
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(35)
MATTHEW J. GARY
(33)
FLEC
(28)
ARTS & CULTURE
(23)
CHILD CUSTODY
(22)
PETER J. McBRIEN
(22)
SCBA
(22)
ROBERT SAUNDERS
(21)
WATCHDOGS
(20)
EMPLOYEE MISCONDUCT
(19)
CJP
(18)
PRO PERS
(18)
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DOCUMENTS
(16)
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DIVORCE CORP
(15)
JAMES M. MIZE
(15)
COLOR OF LAW SERIES
(11)
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JUDICIAL MISCONDUCT
(67)
CHARLOTTE KEELEY
(18)
The kickbacks usually consist of "rubberstamped" court orders which are contrary to
established law, and cannot be attributed to the
exercise of judicial discretion.For a detailed
overview of the alleged collusion between judge
pro tem attorneys and family court employees
and judges, we recommend our specialColor of
Law series of investigative reports.
SHORTCUTS TO POPULAR
SUBJECTS AND POSTS
The current day Sacramento County Family Court system andattorney operated settlement conference program
was set up in 1991 by and for the lawyers of theSacramento County Bar Association Family Law Section,
CONFLICT OF INTEREST
(11)
RAPTON-KARRES
(11)
SATIRE
(11)
WHISTLEBLOWERS
(11)
WOODRUFF O'HAIR
POSNER and SALINGER
(11)
according to the sworn testimony of controversial family court Judge Peter J. McBrien at his
2009Commission on Judicial Performance disciplinary proceedings. Click here to read Judge McBrien's
testimony.
CARLSSON CASE
(10)
JAIME R. ROMAN
(10)
In his own testimony during the same proceedings, local veteran family law attorney and judge pro tem Robert J.
O'Hair corroborated McBrien's testimony and attested to McBrien's character and value to Sacramento County
Bar Association Family Law Section members. Click here to view this excerpt of O'Hair's testimony. To view
O'Hair's complete testimony, click here.
LAURIE M. EARL
(10)
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NO CONTACT ORDERS
(10)
SHARON A. LUERAS
(10)
Court watchdogs assert that the settlement conference kickback arrangement between the public court and private
sector attorneys constitutes a racketeering enterprise which deprives the public of the federally protected right
to honest government services.
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JESSICA HERNANDEZ
(8)
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Divorce Corp, a documentary film that "exposes the corrupt and collusive industry of family law in
the United States" was released in major U.S. cities on January 10, 2014. After a nationwide search for
the most egregious examples of family court corruption, the movie's production team ultimately included
fourcases from Sacramento County in the film, more than any other jurisdiction.Judge pro tem
attorneys Charlotte Keeley, Richard Sokol, Elaine Van Beveren and Dianne Fetzer are each
accused of unethical conduct in the problem cases included in the movie. The infamous Carlsson case,
featuring judge pro tem attorney Charlotte Keeley and Judge Peter McBrien is the central case
profiled in the documentary, with Sacramento County portrayed as theGround Zeroof family court
corruption and collusion in the U.S. Click here for our complete coverage of Divorce Corp.
FERRIS CASE
(8)
Judge Thadd Blizzard issued a rubber-stamped, kickback order in November, 2013 for judge pro tem
attorney Richard Sokol authorizing an illegal out-of-state move away and child abduction by Sokol's
client, April Berger. The opposing counsel is an "outsider" attorney from San Francisco who was
dumbfounded by the order. Click here for our exclusive report, which includes the complete court
reporter transcript from the hearing. Click here for our earlier report on the unethical practice of
"hometowning" and the prejudicial treatment of outsider attorneys.
Whistleblower leaked court records indicate that Sacramento Bar Association Family Law
Executive Committee officer and judge pro tem attorney Paula Salinger engaged in obstruction of
justice crimes against an indigent, unrepresented domestic violence victim. The victim was a witness in
a criminal contempt case against a Salinger client. The circumstances surrounding the obstruction of
justice incident also infer collusion between Salinger and controversial Judge Matthew J. Gary. For
our complete investigative report,click here.
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Two "standing orders" still in effect after being issued by Judge Roland Candee in 2006 override a
California Rule of Court prohibiting temporary judges from serving in family law cases where one party
is self-represented and the other party is represented by an attorney or is an attorney. The orders were
renewed by Presiding Judge Laurie M. Earl in February, 2013.Click here for details.
Sacramento Family Court judges ignore state conflict of interest laws requiring them to disclose to
opposing parties when a judge pro tem working as a private attorney represents a client in family
court. Click here for our exclusive investigative report. Click here for a list of other conflict of interest
posts.
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Family court policies and procedures, including local court rules, are dictated by the SCBA Family Law
Executive Committeefor the financial benefit of private sector attorneys, and often disadvantage the
70 percent of court users without lawyers, according to family court watchdogs and whistleblowers.
For example, in sworn testimony by Judge Peter McBrien before the Commission on Judicial
Performance,McBrien described seeking and obtaining permission from FLEC to change a local rule.
Click here and here.
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Judge Matthew Gary used an unlawful fee waiver hearing to both obstruct an appeal of his own orders
and help a client of judgepro tem attorney Paula Salinger avoid paying spousal support. Click here for
our investigative report.
An unrepresented, disabled 52-year-old single mother was made homeless by an illegal child support
order issued by Judge Matthew Gary for SCBA Family Law Section attorney Tim Zeff, the partner of
JULIE SETZER
(7)
Court reform and accountability advocates assert that the local family law bar- through the Family Law
ExecutiveCommitteeor FLEC - continues to control for the financial gain of members virtually all aspects of court
operations, and have catalogued documented examples of judge pro tem attorney preferential treatment and
bias against unrepresented litigants and"outsider" attorneys,including:
CHRISTINA VOLKERS
(8)
YOUTUBE
(7)
(4)
LUAN CASE
(4)
MIKE NEWDOW
(4)
WE SUPPORT
Electronic Frontier
Foundation
First Amendment Coalition
Californians Aware
temporary judge Scott Buchanan. The rubber-stamped, kickback child supportorder, and other
proceedings in the case were so outrageous that the pro per is now represented on appeal by a team
of attorneys led by legendary trial attorney James Brosnahan of global law firm Morrison & Foerster.
For our exclusive, ongoing reports on the case, click here.
Judge pro tem attorneys Richard Sokol and Elaine Van Beverenhelped conceal judge misconduct
and failed to comply with Canon 3D(1) of the Code of Judicial Ethics when they were eyewitnesses to
an unlawful contempt of court and resisting arrest incident in Department 121. Both Sokol and Van
Beveren failed to report the misconduct of Judge Matthew Gary as required by state law.Van
Beveren isan officer of the SCBA Family Law Executive Committee.Click here for our exclusive
report...
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...Four years later, Sokol and Van Beveren in open court disseminated demonstrably false and
misleading information about the unlawful contempt of court and resisting arrest incident. The
apparent objective of the judge pro tem attorneys was to discredit the victim of Gary's misconduct,
trivialize the incident, and cover up their own misconduct in failing to report the judge. For our follow-up
reports, click here. In 2014, a video of the illegal arrest and assault was leaked by a government
whistleblower. Click here for details.
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CALIFORNIA JUDICIAL
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In 2008controversial family courtJudge Peter J. McBriendeprived a family court litigant of a fair trial
in a case where the winning party was represented by judge protemattorney Charlotte Keeley. In a
scathing, published opinion, the 3rd District Court of Appealreversed in full and ordered a new
trial. 6th District Court of Appeal Presiding Justice Conrad Rushing characterized McBrien's
conduct in thecase as a "judicial reign of terror."McBrien subsequently was disciplined by the
Commission on Judicial Performance for multiple acts of misconduct in 2009.Click here to read the
court of appeal decision. Click here to read the disciplinary decision issued by the CJP.
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California Courts
Homepage
California Courts YouTube
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Judicial Council
Commission on Judicial
Performance
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State Bar of California
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be gender-specific)
ABA Family Law Blawg
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California Coalition for
Families and Children
California Protective
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Excellence
Courageous Kids Network
Divorce & Family Law News
Divorce Corp
In cases where one party is unrepresented, family court clerks and judges permit judge pro tem
attorneys to file declarations which violate mandatory state court rule formatting requirements. The
declarations- on blank paper and without line numbers - make it impossible for the pro per to make
lawful written evidentiary objections to false and inadmissible evidence. Click here for our report
documenting multiple state court rule violations in a motion filed bySCBA Family Law Section officer
and temporary judgePaula Salinger. To view the pro per responsive declaration objecting to the illegal
filing click here, and click here for the pro per points & authorities.
Fathers 4 Justice
HuffPost Divorce
Leon Koziol.Com
or
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Family court clerks and judges allow judge pro tem attorneys to file a fabricated "Notice of Entry of
Findings and Order After Hearing" in place of a mandatory Judicial Council Notice of Entry of
Judgment FL-190 form. The fake form omits critical appeal rights notifications and other information
included in the mandatory form. Click here for our exclusive report.
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Weightier Matter
Sacramento Family Court temporaryjudgeandfamily law lawyerGary Appelblatt was charged with
13-criminal counts including sexual battery and penetration with a foreign object. The victims were
clients and potential clients of the attorney.The judge pro tem ultimately pleaded no contest to fourof
the original 13-counts, including sexual battery, and was sentenced to 18-months in prison. Court
administrators concealed from the public that Appelblatt held the Office of Temporary Judge.Click
hereto read our report.
CONTRIBUTORS
Cathy Cohen
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Judge pro tem and SCBA Family Law Section attorneyScott Kendall was disbarred from the practice
of law on Nov. 24, 2011. Kendall was disbarred for acts of moral turpitude, advising a client to violate
the law, failing to perform legal services competently, and failing to keep clients informed, including not
telling a client about a wage garnishment order and then withdrawing from the same case without
notifying the client or obtaining court permission. Court administrators concealed from the public that
Kendall held the Office of Temporary Judge.Click here to view our report.
PR Brown
PelicanBriefed
FCAC News
Judge pro tem attorneys Nancy Perkovich and Jacqueline Estonin 2008 helped Donna Gary - the
wife of Judge Matthew J. Gary - promote and market ClientTickler, a client management software
program for attorneys. The judge reportedly has never disclosed the conflict of interest as required by
the Code of Judicial Ethics. Click here for our exclusive report on the controversy.
In February, 2013 the website of family law firm Bartholomew & Wasznicky cut off the public from the
only online access to The Family Law Counselor, a monthly newsletter published by the Sacramento
Bar Association Family Law Section. Lawyers at the firm include judge pro tem attorneys Hal
Bartholomew, Diane Wasznicky and Mary Molinaro. As SFCN has reported, articles in the
newsletter often reflect an unusual, collusive relationship between SCBA attorneys and court
administrators and judges.Click here for our report.
Family court reform advocates assert that judge pro tem attorneys obtain favorable court rulings on
disputed issues at a statistically improbable rate. The collusion between full-time judges and judge pro
tem attorneys constitutes unfair, fraudulent, and unlawful business practices, all of which are
prohibited under California unfair competition laws, including Business and Professions Code
17200, reform advocates claim.
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Unfair competition and the collusion between judges and judge pro tem attorneys ultimately results in
unnecessary appeals burdening the appellate court system, and other, related litigation that wastes
public funds, exposes taxpayers to civil liability, and squanders scarce court resources.
PR Brown
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Watchdogs point out that the court operates what amounts to a two-track system of justice. One for
judge pro tem attorneys and another for unrepresented, financially disadvantaged litigants and
"outsider attorneys." Two-track systems are prohibited by the Code of Judicial Ethics, according to
the Commission on Judicial Performance and the California Judicial Conduct Handbook, the gold
standard reference on judge misconduct.Click here for articles about the preferential treatment given
judge pro tem attorneys. Click here for examples of how pro pers are treated.
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After representing a client in Sacramento Family Court, San Francisco attorney Stephen R. Gianelli
wrote "this is a 'juice court' in which outside counsel have little chance of prevailing...[the] court has now
abandoned even a pretense of being fair to outside counsel." Click here to read Gianelli's complete,
scathing account.
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The Sacramento County Bar Association Family Law Section is led by an "Executive Committee"
("FLEC") of judge pro tem attorneys composed ofChair Russell Carlson, Vice Chair Elaine Van
Beveren, Treasurer Fredrick Cohen and Secretary Paula Salinger. Three of the four have been
involved in legal malpractice litigation, violations of the Code of Judicial Ethics, or as a defendant in
federal civil rights litigation. Click here to read SFCN profiles of the Executive Committee members.
Click here for otherarticles about FLEC.
Judge pro tem attorneys are by law required to take or initiate corrective action if they learn that
another judge has violated any provision of the Code of Judicial Ethics, or if a lawyer has violated any
provision of the California Rules of Professional Conduct. Family court watchdogs assert that
temporary judges regularly observe unethical and unlawful conduct by family court judges and attorneys
but have never taken or initiated appropriate corrective action, a violation of the judge pro tem oath of
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office. To view the applicable Code of Judicial Ethics Canons,Click here. For a Judicial Council
directive about the obligation to address judicial misconduct, a critical self-policing component of the
Code of Judicial Ethics, click here.
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Ambrose, Mark Anthony Ambrose, SBN 141222, Law Offices of Mark A. Ambrose, 8801
Folsom Blvd. Ste. 170, Sacramento, CA 95826. Ambrose unethically advertises himself as a temporary judge.
Kathleen Amos, Kathleen Swalla Amos, SBN 112395, Attorney at Law & Mediator,206 5th
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Gary Appelblatt, Gary Michael Appelblatt, SBN 144158, 3610 American River Drive #112,
Beth
Bunmi Awoniyi, Olubunmi Olaide Awoniyi, SBN 154183, Law Office of Bunmi Awoniyi a
PC,1610 Executive Ct. Sacramento, CA 95864. Awoniyi unethically advertises herself as a temporary judge.
Awoniyi was appointed a Superior Court Judge in December 2012 and holds court in Department 120 of
Sacramento Family Court.
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Sacramento, CA 95864. Appelblatt was disbarred by the State Bar on Sept. 24, 2010 afterbeing convicted of
sexual battery against clients. Click here for our exclusive report. Appelblatt is a graduate of McGeorge School of
Law.
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A Sacramento Family Court News investigation indicates that ideology and undisclosed conflicts of interest play a significant role in the
outcome of appeals in the Third District Court of Appeal.
SHORTCUTS TO POPULAR
SUBJECTS AND POSTS
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Sacramento Family Court Newsis conducting an ongoing investigationof published and unpublished 3rd District
Court of Appeal decisions in trial court cases originating from family courts. This page is regularly updated with
our latest news, analysis, and opinion. Our preliminary findings reveal an unsettling link between how an appeal is
decided and the political ideology, work history, and family law bar ties of the court of appeal judges assigned to
the appeal.
DOCUMENTS
(16)
DIVORCE CORP
(15)
JAMES M. MIZE
(15)
Our investigation indicates that the outcome of an appeal is in large part dependent on the luck of the justice draw
and the undisclosed connections between the trial court judge whose order is appealed, the trial and appellate
court attorneys, and the judges assigned to resolve the appeal.
(11)
The collusive atmosphere falls hardest on unrepresented or "pro per" appeal parties who can't afford to hire a
local appellate attorney. 3rd District appeal outcome statistical data reveals a virtually perfect record of success for
attorneys in cases where the opposing party is a pro per. Appeals taken by pro per litigants rarely, if ever,
succeed.
RAPTON-KARRES
(11)
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PRO PERS
(18)
In addition, a separateSFCN investigation has uncovered evidence that both trial and appellate court judges,
part-time judges, and court employees deliberately obstruct appeals by indigent, unrepresented parties. Appeal
data from the Third District reveals that most pro per appeals are never decided on the merits and are instead
CONFLICT OF INTEREST
(11)
SATIRE
(11)
WHISTLEBLOWERS
(11)
WOODRUFF O'HAIR
POSNER and SALINGER
dismissed on legal technicalities, which are often caused by the deliberate acts of government employees.
(11)
Court whistleblowers assert and have documented that the family law division of Sacramento Superior Court and
the 3rd District Court of Appeal effectively operate as a RICO racketeering enterprise that deprives the public
of the federally protected right to honest government services, and includes predicate acts of mail and wire
fraud. Click here to read our full report on the allegations.
CARLSSON CASE
(10)
JAIME R. ROMAN
(10)
LAURIE M. EARL
(10)
NO CONTACT ORDERS
(10)
Third District Court of Appeal cases are assigned to three of ten judges. The background of each appears to be
a critical factor in how an appeal is decided.
CHRISTINA VOLKERS
(8)
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The 2014 documentary film Divorce Corp, designated Sacramento County as the most corrupt family court in
the United States. Court watchdogs contend that the scale and scope of the corruption rivals the Kids for Cash
scandal in Luzerne County, Pennsylvania, which also became a documentary film.
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SHARON A. LUERAS
(10)
FERRIS CASE
(8)
JESSICA HERNANDEZ
(8)
JULIE SETZER
(7)
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Each have personal, social, or professional ties to family court judges and attorney members of the Sacramento
County Bar Association Family Law Section.After his retirement in 2011, 3rd District Presiding Justice
Arthur Scotland described the professional and personal relationships he had with attorneys during his career on
the bench.
"[I] enjoy friendships...I go to all the county bar events. I do that for two reasons. One, I think
it's a responsibility of a judge to be active in the community, and the attorneys appreciate it.
But I really like the people. I really like going to these events. I enjoy friendships and that sort
of thing." Click here to view Scotland's statement.
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Sacramento Lawyer, the monthly magazine of the Sacramento County Bar Association each month publishes
accounts of recent social, educational and charitable events sponsored by the association, its 17 specialty law
sections - including the family law section - and its eight local affiliates, including the Asian/Pacific Bar
Association, and Women Lawyers of Sacramento. Most are well attended by a mix of state and federal judges,
court administrators, supervisors and employees, and lawyers.
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To get a sense of the collusive atmosphere in Sacramento Family Law Court, we recommend reading our special
Color of Law series of investigative reports, which document the preferential treatment provided by family court
employees and judges to SCBA Family Law Section lawyers at the trial court level. Click here to view the Color
of Law series.Financially disadvantaged, unrepresented litigants who face opposing parties represented by SCBA
attorneys assert that the collusive collegiality taints appeal proceedings in the appellate court.
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Pro per advocates contend that under Canon 3E(4)(a) and (c) of the Code of Judicial Ethics, Raye, Robie, Hull
and Nicholson should disqualify themselves from participating in any appeal originating fromSacramento Family
Law Court. Advocates argue that the same conflict of interest principles apply to family court appeals that resulted
in the self-recusal, or removal, of Vance Raye from participating in the 2002 Commission on Judicial
Performance prosecution of family courtJudge Peter McBrien. To view the 2002 Raye recusal andCJP decision
against McBrien, click here.The CJP has disciplined judges for violating the Code of Judicial Ethics rules
requiring judges to disclose conflicts. Click here for examples of CJP conflict of interest disciplinary decisions.
YOUTUBE
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3rd DISTRICT COA
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(4)
LUAN CASE
(4)
MIKE NEWDOW
(4)
WE SUPPORT
Electronic Frontier
Foundation
First Amendment Coalition
Californians Aware
It is a basic principle of law that state appellate justices and federal judges with personal or professional
relationships with trial court judges connected to an appeal or federal court action should disqualify themselves to
avoid the appearance of partiality. Click here to view a recent order issued by a federal judge disqualifying the
entire bench of the Fresno Division of the US District Court for the Eastern District of Californiadue to personal
and professional relationships with local state court judges.
The conflict disclosure problem infects the Superior Court as well. To the benefit of local family law attorneys who
also hold the office of temporary judge in the same court, Sacramento Family Law Court judges effectively have
institutionalized noncompliance with state conflict of interest disclosure laws.Click here. For an example of a
Sacramento County civil court trial judge who fully complied with conflict laws, click here.Without oversight or
accountability, family court judges routinely - and in violation of state law - ignore the same disclosure
requirements.
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But before his sworn 2009 CJP testimony, McBrien gave the public a different account of the road trip and who
restructured the family court system in 1991.As reported by the Daily Journal legal newspaper
McBriendishonestly impliedthat the system was conceived and implemented by judges alone after they made a
county-paid "statewide tour" of family law courts. The judge omitted from the story the fact that the trip was initiated
by the family law bar, and included two private-sector family law attorneys who took the county-paid trip with
McBrien and the late Judge William Ridgeway.
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"[M]cBrien and a few other Sacramento judges went on a statewide tour of family law courts.
At the time, there were continual postponements of trials. 'This is how we came up with the
system today,' McBrien said. 'It was the best trip Sacramento County ever paid for.' The
judges changed the local system so that family law judges presided over both law and motion
matters and trials..."the Daily Journal reported. Click here to view.
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Under oath, McBrien admitted that the private-sector, for-profit family law bar dictated the public court facility
restructuring plan - conceived to serve the needs and objectives of SCBA Family Law Section member attorneys
- which then essentially was rubber-stamped by the bench.
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"[T]he Bar culled through the various ideas and options, came up with a plan, presented it to
the family law bench. We made what adjustments we felt were appropriate and then presented
the whole of it to the full bench," and the plan was approved. Click here to view.
In essence, McBrien disclosed that the current public court system was set up by and for local attorneys with little, if
any, consideration of theneeds of the 70 percent of court users unable to afford counsel. The system also has
shown it is designed to repel carpetbagger, outsider attorneys, like Stephen R. Gianelli of San Francisco, and
Sharon Huddle of Roseville. Click here and here.
"[T]his is a 'juice court' in which counsel outside Sacramento have little chance of prevailing...
[the] court has now abandoned even a pretense of being fair to out-of-town counsel," Gianelli
said.
According to the Commission on Judicial Performance - the state agency responsible for oversight and
California Courts
Homepage
California Courts YouTube
Page
Judicial Council
Commission on Judicial
Performance
Sacramento County Family
Court
3rd District Court of Appeal
State Bar of California
State Bar Court
Sacramento County Bar
Association
Local & National Family CourtFamily Law Sites & Blogs (may
be gender-specific)
ABA Family Law Blawg
Directory
California Coalition for
Families and Children
California Protective
Parents Association
Center for Judicial
Excellence
Courageous Kids Network
Divorce & Family Law News
Divorce Corp
Divorced Girl Smiling
Family Law Case Law from
FindLaw
Family Law Courts.com
Family Law Updates at
Fathers 4 Justice
"In this case, we again confront the vice inherent in a two-track system of justice, where
favored treatment is afforded friends and other favored few, and which is easily recognized as
'corruption at the core of our system of impartial equal justice, and...intolerable," the CJP said
in a 2005 judicial discipline decision involving a Santa Clara County judge.To view a list of
similar CJP decisions, click here.
HuffPost Divorce
Leon Koziol.Com
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According to the gold standard reference on judicial ethics, the California Judicial Conduct Handbook [pdf],
published by the California Judges Association, providing preferential treatment to local, connected attorneys
also is known as "hometowning," and is prohibited by the Code of Judicial Ethics.To view this section of the
Handbook, click here.
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CONTRIBUTORS
Cathy Cohen
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Court watchdogs have catalogued and documented examples of judge pro tem attorney favoritism, and
flagrantbias against unrepresented litigants and "outsider" attorneys. Click here for a list of watchdog claims.
Published and unpublished 3rd District opinions indicate that Court of Appeal justices without direct ties to the
same superior court are more likely to follow the law, and less likely to whitewash trial court mistakes.
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One of these things is not like the others, One of these things just doesn't belong,
Can you tell which thing is not like the others, By the time I finish my song?
Third District Court of Appeal Justices Ronald B. Robie, Harry E. Hull Jr., George Nicholson and Cole Blease.
Only Blease (R) has no past connection to Sacramento County Superior Court.
One of the few Third District opinions to critically, and scathingly scrutinize the problematic Sacramento Family
Court system was the 2008 decisionIn re Marriage of Carlsson, authored by Associate JusticesM. Kathleen
Butz, Cole Blease and Rick Sims.The opinion criticized explicitly the conduct of controversial Sacramento
County Family Court Judge Peter J. McBrien. None of the three 3rd District justices who decided the appeal
had ever worked as a judge in Sacramento County.
A fourth outsider jurist,Sixth District Court of Appeal Presiding Justice Conrad L. Rushing subsequently
characterized McBrien's conduct in the Carlsson case as a "judicial reign of terror."In addition to ordering a full
reversal and new trial, the 3rd Districtdecision subjected McBriento a second disciplinary action by the state
Commission on Judicial Performance.
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The judge's first go-round with the CJPstemmed from McBrien's 2000 arrest for felony vandalism under Penal
Code 594 in connection with the destruction of public-owned trees - valued at more than $20,000 - at the Effie
Yeaw Nature Center in Ancil Hoffman Park, Carmichael, California. McBrien had the trees cut to improve the
view from his home on a bluff above the park. Click here for the 2001Sacramento News and Review coverage
of the case.Click here to view the original summons charging McBrien with felony vandalism. Click here to view
the report of Sacramento County District Attorney's Office Criminal Investigator Craig W. Tourte detailing the
complete investigation of McBrien's crime, posted online for the first time exclusively by SFCN.
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Less than 48 hours after the judge was charged with the felony, McBrien negotiated a plea bargain, pleading no
contest to a misdemeanor violation of Penal Code 384a,paying restitution of $20,000, and a fine of $500.The
improved view increased thevalue of the judge's home by at least $100,000, according to a local real estate
agent, and the sweetheart deal outraged the Ancil Hoffman Park personnel who originally discovered the
butchered trees and conducted the initial investigation. McBrien's subsequent 2009 sworn testimony before the
CJP recounting his criminal case starkly contradicted Tourte's report and the truth about his criminal conviction.
LAWYER
(1)
CALIFORNIANS AWARE
(2)
CAMILLE HEMMER
(3)
CANTIL-SAKAUYE
(5)
CARLSSON CASE
(10)
(4)
CHARLOTTE
KEELEY
(18)
CHILD
CUSTODY
(22)
CHILD
SUPPORT
(4)
CHRISTINA
ARCURI
(5)
CHRISTINA
VOLKERS
(8)
CIVICS
(1)
CIVIL LIABILITY
(1)
CIVIL
RIGHTS
(6)
CJA
(3)
CJP
(18)
ClientTickler
(2)
CNN
CODE OF JUDICIAL
ETHICS
(12)
CODE OF
(1)
SILENCE
(2)
COLLEEN
MCDONAGH
(3)
COLOR OF
(11)
SERIES
LAW
CONFLICT OF INTEREST
(11)
CONSTITUTIONAL
RIGHTS
(3)
CONTEMPT
(5)
COURT CONDITIONS
(2)
COURT EMPLOYEE
(1)
COURT
EMPLOYEE CODE OF ETHICS
(1)
COURT POLICIES
(1)
COURT
RULES
(4)
COURTS
(1)
CPG
FAMILY LAW
(1)
CRIMINAL
CONDUCT
(11)
CRIMINAL
LAW
(3)
CRONYISM
(2)
DAVID KAZZIE
(4)
DEMOTION
(1)
DENISE
GARY
(2)
DSM-301.7
(1)
EDITORIAL
(1)
EDWARD
FREIDBERG
(2)
EFF
(2)
RICHARDS
(1)
DIANE WASZNICKY
(2)
DISQUALIFICATION
(2)
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(7)
DIVORCE
ATTORNEY
(5)
DIVORCE
CORP
(15)
DIVORCE
LAWYER
(5)
DOCUMENTS
(16)
DONALD TENN
(3)
DONNA
EFFICIENCY
IN
GOVERNMENT
ELAINE VAN
BEVEREN
(13)
ELECTIONS
(1)
AWARD
(1)
EMILY
GALLUP
(3)
(4)
EMPLOYEE
MISCONDUCT
(19)
EQUAL PROTECTION
(2)
EUGENE L. BALONON
(1)
EVIDENTIARY OBJECTIONS
(2)
EX PARTE
(1)
F4J
(4)
FAMILY COURT
(9)
FAMILY
COURT
In the documentary film Divorce Corp, Ulf Carlsson describes egregious misconduct by Sacramento Family Law Court Judge Peter McBrien. Using
COURT
misleading sworn testimony about McBrien's reversal rate in the appellate court, 3rd District Court of Appeal Presiding Justice Arthur G. Scotland
AUDITS
(1)
FAMILY
CONDITIONS
(2)
MEDIA COVERAGE
or
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FAMILY COURT
effectively saved McBrien from being removed from the bench by the Commission on Judicial Performance.
(1)
FAMILY COURT PROCEDURE
(9)
FAMILY
LAW
COUNSELOR
(4)
FAMILY
LAW
FACILITATOR
(4)
FEDERAL LAW
(2)
FEDERAL
LAWSUITS
(2)
FEE WAIVERS
(2)
FERRIS CASE
(8)
FIRST
AMENDMENT
(2)
FIRST
AMENDMENT COALITION
(2)
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By his own admission, Scotland's career in the Judicial Branch of government was the result of connections and
preferential treatment. The former justice candidly recited his life history in a nearly three-hour interview for the
CaliforniaAppellate Court Legacy Project in 2011. Like other gratuitous "tough-on-crime"conservative
ideologues from a law enforcement background who rose to power in the 1980's, Scotland apparently lived the
cliche of beingborn on third base and going through life thinking he hit a triple. His interest in law developed
when he worked as an undercover narcotics agent for the state Department of Justice.
"[I] bluffed my way through the interview, and I got hired as a narcotics agent in 1969...I was
an undercover narcotics agent. I've bought a lot of dope in my life...all lawfully, but I've
bought a lot of dope," Scotland said. "And I testified in court. And that's what got me
fascinated in the legal process...and it got me involved in the law." Click here to view.
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LAW
COURTHOUSE
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FAMILY
et
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(1)
FAMILY
COURT
SACRAMENTO
(2)
FAMILY
FLEC
(28)
FOIA
(2)
FOX
(1)
FREDRICK COHEN
(4)
GANGNAM STYLE
(1)
GARY E.
RANSOM
(1)
GARY
M.
APPELBLATT
(2)
GEORGE
NICHOLSON
(1)
GERALD UELMEN
(1)
GINGER
GREGORY
SYLVESTER
(1)
DWYER
(1)
HAL
BARTHOLOMEW
(1)
HATCHET
DEATH
(1)
HAZART SANKER
(2)
HONEST SERVICES
(4)
INDIGENT
(1)
INFIGHTING
(1)
J.
STRONG
(2)
JACQUELINE
ESTON
(2)
JAIME R.
ROMAN
(10)
JAMES
BROSNAHAN
(1)
JAMES
M.
MIZE
(15)
JEFFREY
POSNER
(6)
(1)
JERRY
JERRY BROWN
GUTHRIE
(1)
JESSICA HERNANDEZ
(8)
JODY PATEL
(1)
JOHN E.B. MYERS
(1)
JOSEPH SORGE
(1)
JOYCE
KENNARD
(1)
JOYCE TERHAAR
(1)
JUDGE
PRO TEM
(50)
JRC
(1)
JUDGE
(1)
JUDGE SALARIES
(1)
JUDGES
(10)
JUDICIAL CONDUCT
HANDBOOK
(1)
JUDICIAL
COUNCIL
(5)
JUDICIAL
MISCONDUCT
(67)
JUDY HOLZER
HERSHER
(1)
JULIE SETZER
(7)
KIDS FOR CASH
(2)
LAURIE M. EARL
(10)
LAW
LIBRARY
(1)
LAW SCHOOL
(5)
LAWYER
(1)
LAWYERS
(7)
LEGAL AID ASSOCIATION of
CALIFORNIA
(1)
LEGISLATURE
(1)
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LINCOLN
(1)
ROBERTS
(5)
LOUIS MAURO
(1)
LUAN
CASE
(4)
MALPRACTICE
(4)
MARY
MOLINARO
(1)
MATTHEW
HERNANDEZ
(7)
MATTHEW J. GARY
(33)
MCGEORGE
SOL
(2)
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MEDIA
(1)
MICHAEL
all that great. I did very well on the LSAT test: I did
excellent on that. But I didn't figure I could get
accepted anywhere else, 'cause I really hadn't been a
serious student. So I went to University of Pacific,
McGeorge School of Law," Scotland explained.
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GRACE
(1)
NANCY PERKOVICH
(4)
NEW YORK TIMES
(2)
NEWS
(24)
NEWS
EXCLUSIVE
(26)
NEWS
After graduation, but before he was licensed to practice law, Scotland nonetheless practiced law while employed as
a deputy district attorney for Sacramento County. In the outside world, the unauthorized practice of law is a
crime. But in Scotland's protective law enforcement bubble, "laws" are only enforced against drug addicts and the
unwashed masses. As Scotland explained in his own words, laws are actually only "rules" when a sworn peace
officer breaks one.
"Actually, before I even got sworn in in the bar, I was assigned out to juvenile hall and we
prosecuted...I prosecuted cases without any supervision - you know, against...really against
the rules...we were trying cases without any supervision." Click here.
In McGregor v. State Bar, the seminal case on the unauthorized practice of law, the California Supreme Court
explained why a nonlicensed person is prohibited from exercising the special powers and privileges of a lawyer.
"The right to practice law not only presupposes in its possessor integrity, legal standing and
attainment, but also the exercise of a special privilege, highly personal and partaking of the
nature of a public trust. It is manifest that the powers and privileges derived from it may not
with propriety be delegated to or exercised by a nonlicensed person." Click here.
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25 years after he obtained his license to practice law, Justice Arthur G. Scotlandexploited the implied integrity of
his court of appeal office and exercised his special privilege in a way that to many Sacramento Family Court
litigants was a manifest violation of the public trust.
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The Artifice
NO CONTACT ORDERS
(10)
OPEN GOVERNMENT
(2)
OPINION
(12)
PARENT
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MIKE NEWDOW
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NANCY
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In his Commission on Judicial Performance sworn character witness testimony for his old friend and law
enforcement co-workerPeter McBrien, Arthur Scotland drew on his training and experience in deceit from his
days as a narc."[Y]ou have to be an actor, you have to play the game," Scotland explained in the 2011 interview.
In front of the three CJP judges responsible for hearing evidence and deciding McBrien's fate, Scotland concocted
a clever, deceptive plan - an artifice in legal terminology - and convincingly delivered an award worthy actor's
PARENTAL
PAULA
(15)
SALINGER
PETER J. McBRIEN
(22)
PHILLIP HERNANDEZ
(1)
(3)
PRESIDING JUDGE
(2)
PRO
PERS
(18)
PROTEST
(9)
PSY
(1)
PUBLIC
RECORDS
(1)
RAOUL
THORBOURNE
(1)
M.
RAPTON(11)
KARRES
RECOGNITION/AWARDS
(3)
REVISIONISM SERIES
(2)
RICHARD SOKOL
(12)
ROBERT
HIGHT
(9)
ROBERT
O'HAIR
(8)
ROBERT SAUNDERS
(21)
ROLAND
L. CANDEE
(1)
RON BURGUNDY
(1)
RONALD
ROBIE
(1)
RUSSELL CARLSON
(4)
RUSSELL L. HOM
(1)
RYDER
SALMEN
(2)
S. HINMAN
(3)
SACRAMENTO BEE
(4)
SACRAMENTO
COUNTY
SUPERIOR
COURT
(2)
SACRAMENTO
FAMILY
COURT
(13)
SACRAMENTO
SUPERIOR COURT
(12)
SANCTIONS
(2)
SANTA
CLARA
LAW SCHOOL
(1)
SARAH ANN
STEPHENS
(1)
SATIRE
(11)
SCBA
(22)
SCHWARZENEGGER
(1)
SCOTT
BUCHANAN
(5)
SCOTT
KENDALL
(1)
SCSD
(1)
SEATON
CASE
(1)
SELF-HELP
(1)
SETTLEMENT CONFERENCE
(2)
SFCN READERSHIP DATA
(4)
SHARON A. LUERAS
(10)
SHARON HUDDLE
(6)
SO YOU WANT TO GO TO
LAW
To help his old friend Pete McBrien keep his job, Justice Arthur G. Scotland concocted a clever plan intended to deceive the judges
deciding McBrien's punishment at the Commission on Judicial Performance.
(1)
ALIENATION
SCHOOL
(4)
SOCIOECONOMIC BIAS
(5)
STATE AUDITOR
(6)
STATE BAR
(5)
STEPHEN
WAGNER
(2)
LEAVENWORTH
WHITE
BURLINGHAM
GEVERCER
(1)
(2)
(1)
(1)
STEUART
STEVE
STEVEN
STEVEN
STEVEN
performance.
SUNDAY
(15)
FUNNIES
SPIELBERG
(1)
While testifying for McBrien,Scotland also revealed that his appearance on the troubled judge'sbehalf effectively
was voluntary. Before subpoenaing Scotland to testify, McBrien's defense attorney confirmed that Scotland would
not object to the subpoena. Click here. Judicial ethics Canon 2B restricts use of the prestige of judicial office to
advance the personal interests of the judge or others. Canon 2B(2)(a) permits a judge to testify as a character
witness only when subpoenaed.
SUNSHINE
WEEK
(2)
SUPERIOR COURT
(2)
SUPREME COURT
(3)
TAMI
The transcript of Scotland's testimony also showed that -to prepare his CJP testimony - the presiding justice of the
3rd District affirmatively and voluntarily took theinitiative (presumably on his own time) to research 3rd District
family court appeals where McBrien was the trial court judge. His objective was to show the CJP that McBrien had
a low reversal rate in the appellate court.
STEVENS
(1)
THE RUTTER GROUP
THOMAS WOODRUFF
(5)
TIMOTHY ZEFF
(5)
TOMMY
ULF
LEE
JONES
(1)
CARLSSON
(6)
UNITED
NATIONS
(1)
UPDATE
(2)
VANCE W. RAYE
(3)
VEXATIOUS LITIGANT
(2)
VL-CLASS-ACTION
[McBrien had] seven reversals in whole or in part, out of 110 appeals, which is about 6%,
which actually is a remarkably good reversal rate. Because our average reversal rate in civil
cases is 20 to 25 percent." Scotland testified at pages 549-553 of the reporter's transcript. Click
here.
Scotland's claim that McBrien had a
"remarkably good reversal rate" was,
at best, a half-truth. Under the legal
and ethical standards applicable to
lawyers and judges, a half-truth is the
same as a "false statement of fact" or
what the general public refers to as a
lie. Click here.
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Arthur Scotland poses with the fruits of a drug bust from his days as an
"You have to be an actor, you have to play the game," he said in 2011.
Scotland then made a disingenuous, self-serving apples-to-oranges comparison between the reversal rate in civil
case appeals - where both sides are usually represented by an attorney, or team of attorneys, and appeals are
decided on the merits - with the reversal rate in family court cases, where neither qualifier is true.SFCNcurrently is
conducting an audit of 3rd District family court appeals, and will have more on this subject in the near future.
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THADD
THADDEUS
(1)
THOMAS M. CECIL
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I've known Judge McBrien for 32 years. I got to know, then, Deputy Attorney General Pete
McBrien. When I left the Sacramento County District Attorney's Office and went to work for
the California Attorney General's Office, he was already a Deputy Attorney General there. So I
got to know him there, mainly professionally. Socially to a relatively minor extent. We had -we had two co-ed softball teams. He played on one; I played on another. Of course, we would
attend office functions together. His -- one of his very best friends was my supervisor in the
Attorney General's Office. So, on occasion -- not frequently, but on occasion we would attend
social events with others from the office....
BLIZZARD
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"I also, by the way -- when you called me to ask if I would object to being Subpoenaed as a
witness, and I said no, I did research. I looked up -- I knew what this was all about, so I
researched the number of appeals from cases from Judge McBrien's court. And so I -- and I
looked -- I read all the opinions in which he was reversed in full or in part...
BOGERT
(1)
TAXPAYERS
(1)
TERRY FRANCKE
(1)
or
k
(1)
WALL
STREET JOURNAL
(1)
WASTE
(1)
WATCHDOGS
(20)
WHISTLEBLOWER
PROTECTION
ACT
(2)
WHISTLEBLOWERS
(11)
WHITE HOUSE
(1)
WOODRUFF
O'HAIR POSNER and
SALINGER
(11)
XAPURI B.
VILLAPUDUA
(4)
YOLO
COUNTY
(1)
YOUTUBE
(7)
had the balls to suggest that disciplining McBrien for his conduct in Carlsson would be a "miscarriage of justice,"
that would allow "incompetent attorneys to run the court instead of competent judges."
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"And you haven't asked me this question, but if [McBrien] were, for some reason, to be found
to have violated the canons of judicial ethics, or whatever, I frankly -- I know about these
cases; I know about the Carlsson case. I think it would be a miscarriage of justice. I think it
would send the wrong signal to judges and practitioners that you don't allow -- that you would
be allowing incompetent attorneys to run the court instead of competent judges," Scotland
testified at the CJP.
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Like Scotland, 6th District Court of Appeal Presiding Justice Conrad Rushingknew well the Carlsson case,
which he said "developed a certain notoriety."Unlike Scotland, Rushing wasn't an old friend and coworker of
McBrien who would disingenuously suggest the blame for McBrien's "reign of terror" lay with an incompetent
attorney. Scotland's colleagues at the 3rd District,Butz, Blease and Sims reversed and remanded the Carlsson
case for retrial based on extremely rare, reversible per se, egregiousstructural and constitutional error by Judge
McBrien.Aftercarefully scrutinizing the trial court record, the panel made no mention of attorney "incompetence" in
their published opinion.
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Despite the parade of former law enforcement co-workers, friends, and family court judge pro tem
croniesMcBrien marshaled on his behalf, two of the voting CJP members saw through the ruse and dissented
from the decision to let the judge remain on the bench, stating they would have removed McBrien from
office.Click here.When he referred to McBrien's conduct in the Carlsson case as a "judicial reign of terror," 6th
District Justice Rushingalso noted that "two of the nine participating members [voted] to remove him from
the bench." Click here.
The Carlsson case is prominently featured in Divorce Corp, a documentary film that "exposes the corrupt and
collusive industry of family law in the United States." The production team for the film conducted a nationwide
search for the most egregious examples of family court corruption and collusion, and four Sacramento County
cases are included in the movie. Narrated by Dr. Drew Pinsky,Divorce Corp opened in theaters in major U.S.
cities on January 9, 2014. Following the theatrical run, the documentary will be released on DVD, RedBox, Netflix,
broadcast and cable TV. Click here for our continuing coverage of Divorce Corp.To view trailers for the movie on
YouTube, click here.
Rehabilitation FAIL
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The near-career death experience apparently has had no discernible corrective effect on the ethically-challenged
judge. In subsequent proceedings in his courtroom involving the judge pro tem attorneys (and lawyers at the
same firms as the judge pro tems) whose CJP testimony effectively saved his $170,00 per year job,McBrien
reportedly has never disclosed to opposing parties and attorneys the potential conflict of interest as required by
Canon 3E(2) of the Code of Judicial Ethics. The failure to disclose the potential conflict is a violation of the canon
and other state laws, according to the CJP, Judicial Council, and California Judges Association. For the
exclusive SFCN report on conflict of interest law, click here.
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No one can be certain precisely why Nicholson received such low ratings, but there is enough
in his public record to raise serious questions about his temperament and judgment. In 1979,
he left a job as director of the District Attorneys Association after an audit showed that the
organization's finances had been badly mismanaged and that it was on the verge of
bankruptcy. Later, as a senior assistant attorney general, he was twice admonished by
superiors for promoting a ballot measure in ways that could be mistaken as an official state
Justice Department endorsement of the measure. More recently, a federally funded $4 million
'National School Safety Center' affiliated with Pepperdine University that he directed was
embroiled in an extended controversy during which 18 of 30 staff members either resigned or
were fired.
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The U.S. General Accounting Office, which conducted an audit into the management of the
Pepperdine program and into how the federal money was being spent, cleared the center of
fiscal irregularities, attributing the problems to Nicholson's 'combative' personality and
management style. But because of those problems, Pepperdine named a new executive
director, who, the auditors said, restored stability to the management of the program 'while
retaining Nicholson's creative talents,'" the Sacramento Bee said in 1987. Click here.
Nicholson subsequently was elected to both Sacramento County Superior Court and the 3rd District Court of
Appeal with backing from law enforcement, Crime Victims United and other Astroturf "victims rights" and "law
and order" groups. Crime Victims United is funded by - and acts essentially as asubsidiaryof - the California
Correctional Peace Officers Association, the controversial prison guard union.
A principal architect of Proposition 8 the "The Crime Victims' Bill of Rights", after a failed run as the GOP
candidate for attorney general Nicholson rode an anti-Rose Bird, tough-on-crime platform to the bench. Over
several decades, Associate Justice Nicholson played a significant role in giving the United States one of the
highest per capita rates of incarceration in the world. Thanks to Nicholson, the prison guard union, and
Astroturf "victims rights" groups bankrolled by the union, California now spends a significantly larger portion
of the state budget on corrections than on higher education.
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In addition, the Third District Court of Appealin Sacramento applies a unique and previously rarely used
"judgment roll" standard of review that in virtually every case where applied results in affirmance of trial court
rulings. Appeals brought by self-represented indigent and low-income litigants make up the vast majority of appeals
where the 3rd District applies the judgment roll standard of review. Although the appellate court has authored
dozens of decisions invoking the draconian standard against family court litigants, it has managed to keep the
assembly line, boilerplate process under the radar. The court has not published a single judgment roll appeal
originating from family court. Click here to see a list of unpublished 3rd District opinions archived by Google
Scholar. The judgment roll summary affirmance process helps the court maintain its title as the most
efficientCourt of Appeal in the state. Equal protection of the law is implicated because other appellate court
districts do not apply the standard nearly as often as the Third District. Equal application of the law is a
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For additional Sacramento Family Court News reporting on the Court of Appeal for the Third Appellate
District, click here.
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Click to visit Sacramento Family Court News on: Facebook, YouTube, Google+, Scribd, Vimeo, and Twitter.
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Chief Justice Tani Cantil-Sakauye, Justice Goodwin Liu, Justice Marvin R. Baxter, Justice Ming W. Chin, Justice Kathryn M. Werdegar,
Justice Joyce L. Kennard, and Justice Carol A. Corrigan of the Supreme Court are responsible for oversight and accountability of the 3rd
District Court of Appeal, and the other appellate courts in the state.
Home
G. Cantil-Sakauye Chief Justice - Elaine M. Howle State Auditor Bureau of State Audits - Victoria B. Henley Director Chief Counsel
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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 - Tani Cantil-Sakauye Judicial Council of California - Judicial and Court Administrative Services Division Curt Soderlund Chief Administrative Officer -
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The Chief Justice Tani G. Cantil-Sakauye is the leader of the state's third branch of government, the Judicial Branch. Her responsibilities include serving as Chief
Justice of the California Supreme Court, chair of the Judicial Council, and chair of the Commission on Judicial Appointments.
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of Temporary Judge, Oath of Office of Temporary Judge, California Rules of Court, California Code of Judicial
Ethics, County of Sacramento Superior Court, Sacramento Family Law Court, Family Court Sacramento, William R. Ridgeway Family Relations Courthouse, Judge Stephen W.
White, Judge Steve White, Judge Matthew J. Gary, Hon. Matthew J. Gary, Judge Laurie M. Earl, Hon. Laurie M. Earl, Judge Peter J. McBrien, Hon. Peter J. McBrien, Judge Jaime
R. Roman, Hon. Jaime R. Roman, Judge Sharon A. Lueras, Hon. Sharon A. Lueras, Judge Thadd A. Blizzard, Hon. Thadd A. Blizzard, Sacramento County Superior Court Supervising
Family Law Facilitator, Sacramento County Superior Court Court Executive Officer Christina Volkers, Sacramento Family Court Director of Operations Julie Setzer, Sacramento
Family Court Manager Colleen McDonagh, Sacramento Family Court Supervising Courtroom Clerk Denise Richards, County of Sacramento Superior Court, Attorney Steven R.
Burlingham; Gary, Till & Burlingham,
Attorney Camille H. Hemmer; Law Offices of Camille Hemmer, Attorney Jeffrey Posner; Woodruff, OHair, Posner &
Attorney Diane Wasznicky, Family law attorney Charolotte Keeley, Charlotte Leigh Keeley,
Attorney Fredrick Cohen, Law Offices of Fredrick Cohen, Attorney Bunmi Awoniyi, Law Office of Bunmi Awoniyi, Attorney Richard Sokol, Law Offices
of Richard Sokol, Attorney John OMalley, Downey Brand, attorney Robert OHair, Robert James OHair, Attorney Joseph Winn, Law Offices of Winn &
Salinger, Attorney Hal Bartholomew; Bartholomew & Wasznicky,
Winn, Family Law Paula Salinger, attorney Paula Dawn Salinger, Attorney Elaine Viola Van Beveren,
Offices of Mark Ambrose, Attorney Nancy Perkovich, Perkovich Law Offices, Attorney Gary Michael Appelblatt, attorney D. Thomas Woodruff, Daniel
Thomas Woodruff, family law attorney Russell Carlson, Russell William Carlson, Sacramento County Bar Association, Family Law Section, Family Law
Executive Committee,
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Sacramento Family Court News - Newsroom Law Library & Legal Resources
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The news analysis and opinion content at Sacramento Family Court News is partly based on the legal references and treatises used by judges and attorneys. Click here for a
description of our newsroom law library and the publications we use to research and report Sacramento Family Law Court issues. Most family law attorneys belong to the
Sacramento County Bar Association Family Law Section. The section is headed by the Family Law Executive Committee, also known by the acronym FLEC. The committee is
composed of CHAIR RUSSELL CARLSON, VICE CHAIR ELAINE VAN BEVEREN, TREASURER FREDRICK COHEN, and SECRETARY PAULA SALINGER. Family court watchdogs charge that
the committee acts as a shadow government controlling most operations, including dictating local court rules in Sacramento family law court.
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Family
Law Counselor is available at the
Bartholomew & Wasznicky
website. Click here. UPDATE: In February,
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