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I C J J: Nterbranch Ommission Uvenile Ustice
I C J J: Nterbranch Ommission Uvenile Ustice
MI
Report
SSIO N O
N
JU
VE
IC
B
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NILE JU
RANCH C
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INTERBRANCH COMMISSION
ON J UVENILE J USTICE
MAY 2010
IN
rehabilitation and welfare. Moreover, the Juvenile Act requires that in fashioning a disposition, a juvenile court judge must
give balanced attention to protecting the community, imposing accountability for the oenses committed, and assisting
the juvenile to develop the competencies that will be needed to become a responsible and productive member of
the community.
Subsequently, the Pennsylvania Commission on Crime and Delinquencys Juvenile Justice and Delinquency Prevention
Committee developed a juvenile justice system mission statement that has guided the Pennsylvania juvenile justice system
for over a decade. at statement provides that the juvenile justice system should be guided by the values of community
protection, victim restoration and youth redemption.
Community Protection refers to the right of all citizens to be and feel safe from crime.Victim Restoration emphasizes
that a juvenile who commits a crime harms the victim of the crime and the community, and thereby incurs an obligation
to repair that harm to the greatest extent possible. Youth Redemption embodies the belief that juvenile oenders have
strengths, are capable of change, can earn redemption, and can become responsible and productive members of
their communities.
e Interbranch Commission on Juvenile Justice concludes that Pennsylvania must give additional attention to victim
restoration. Signicant attention has been aorded the aspects of balanced and restorative justice relating to community
protection and youth redemption. However, funding has been substantially reduced for the Victims of Juvenile Oender
(VOJO) program and there is no statewide advocate for victims of juvenile crime. Moreover, some of the original victims
of the juvenile crime in Luzerne County have been denied the right to receive restitution because the juvenile adjudications
have been vacated.
erefore, the commission recommends:
1. e creation of a statewide oce of Juvenile Justice Victim Advocate. is position would be aliated with the
Oce of the Victim Advocate. e goals of victim restoration when juvenile crime is involved present complex
dynamics as society attempts to balance the unique developmental needs of children against the real harm suered
by victims. is requires a specialized expertise. e Juvenile Justice Victim Advocate, therefore, would work
collaboratively with the Pennsylvania Commission on Crime and Delinquency, statewide victim services agencies
and juvenile justice stakeholders to develop appropriate policies, guidelines, protocols, and data collection and
analysis pertaining to victims of juvenile crime.
2. e restoration of funding for the Victims of Juvenile Oenders (VOJO) program to 2005 levels. Since 2005,
funding for VOJO has dropped to $1,221,000 from $3,455,000 and further cuts are anticipated. ese cuts have
forced counties to reduce the number of advocates serving victims of juvenile crime and enhanced the diculties
associated with providing services to juvenile crime victims.
3. e creation of a Luzerne County Victims of Juvenile Crime Restitution Fund. Because the Supreme Court vacated
juvenile adjudications in Luzerne County, many victims of juvenile crime have been deprived of the benet of
restitution awards to which they would otherwise have been entitled. e commission recommends that a fund be
created and made available to Luzerne County residents who have been denied restitution payments because their
awards have been vacated as a consequence of the Supreme Courts decision. Because the amount of some restitution
awards has been questioned, the commission is unable to determine the amount of money that should be allocated
to the fund once it is created. However, the commission members believe the amount to be less than $500,000. e
commission further recommends that the Supreme Court appoint a Master to develop a method to properly
determine the amount of restitution owed to any particular victim and to distribute the funds allocated accordingly.
e commission learned that the Juvenile Court Judges' Commission (JCJC), on behalf of its judicial members, sought
guidance from the Ethics Committee of the State Conference of Trial Judges, concerning issues such as gis, oers of
transportation and lodging, board activity, and other instances which had been commonplace marketing tools by private
providers to the juvenile courts. Additional guidance was also sought regarding supervision of juvenile court sta. e
Ethics Committee responded to the JCJC, stating that due to the overall complexity of the issues and the potential impact
on other specialized courts such as drug courts, mental health courts, Orphans Courts, and proceedings involving the
elderly, a comprehensive input from a broader cross section of the judiciary was required. e Ethics Committee concluded
that there needs to be a collaborative opportunity to further dene the common interests and issues shared by the
respective specialty courts and to obtain guidance from the Pennsylvania Supreme Court in order to properly articulate
meaningful guidelines and directives.
e commission heard testimony from Robert Kuhlman, Ethics Counsel to the American Bar Association. Kuhlman
advised the commission that the Revised 2007 Model Code of Judicial Conduct provides in pertinent part more expansive
ethical guidance to judges whose roles include restorative justice principles and engagement with the community.
Kuhlman also recommended that the Supreme Court revisit the use of the aspirational language of should found within
the code to a more denitive shall when addressing concerns of known or suspected judicial misconduct.
Given the concerns expressed by the Ethics Committee of the State Trial Conference and the testimony of Kuhlman, the
commission recommends:
1. at the Supreme Court re-examine the current Code of Judicial Conduct in order to address the ethical provisions
which impact condence in our courts such as ex parte communications, impartiality, and community engagement.
2. at the Supreme Court examine whether or not the code should provide clearer language for judges to recognize
when they are obligated to report either misconduct or their belief of misconduct.
e ability of the commission to review the Judicial Conduct Board's conduct was substantially hindered by the provisions
relating to condentiality contained within the constitution itself. Aer months of ghting, arguing and cajoling, the
Judicial Conduct Board eventually provided the commission, under seal, a substantial amount of material that was critical
to the assessment process. e commission commends the Judicial Conduct Board for its nal cooperation, but the
material provided also raised more questions about the board's operations and reinforced the commission's opinion that
changes are necessary.
e commission has developed two sets of recommendations, one set of short term recommendations that can be
implemented without the need for a constitutional amendment, and a second set that will require the more arduous, but
necessary process of amending the constitution.
1. Short term recommendations:
a. e Judicial Conduct Board needs assistance in reviewing its internal operating procedures to assure that the
shortcomings evident in the Luzerne County corruption scandal are eradicated. To assist in this important
undertaking, the commission recommends the creation of a small but committed and experienced task force
comprised of experts in the elds of judicial discipline, ethics and investigations with the specic purpose of (1)
reviewing the internal operating procedures of the Judicial Conduct Board as well as the policies dealing with the
interaction between the Conduct Board's sta and its voluntary board; and (2) to make suggestions for
improvement. It is recommended that this task force include representatives of the state bar association. e
commission remains hopeful that the Judicial Conduct Board will cooperate with the task force to implement
meaningful reform to its internal policies and procedures. e commission also recommends that the Judicial
Conduct Board include a section in its next annual report addressing its work with this task force, what changes
were implemented, and how its procedures were improved.
b. In particular, the record demonstrates, both through documentary evidence and board member testimony, that
chief counsel had acquired and exercised far too much autonomy, authority and absolute discretion over how
complaints were investigated, deferred, referred, or resolved. e record further shows that chief counsel would
unilaterally act without the consultation, knowledge or approval of the Judicial Conduct Board. Whether the
evolution of chief counsel's power and autonomy developed with or without the board's approval, the record sadly
compels the conclusion that too much power was vested in chief counsel. e commission strongly recommends
that the Judicial Conduct Board and the task force weigh the obvious need for a strong chief counsel against the
constitutional obligations of the Judicial Conduct Board. e internal operating procedures must provide for clear
descriptions of the duties and responsibilities of the critical sta, create a mechanism for performance review and
accountability, and implement procedures for meaningful oversight of the sta.
c. e Judicial Conduct Board is required under the constitution to provide an annual report of its activities. e
commission recommends that the annual report provide some details as to how the Judicial Conduct Board is
operating, in particular as to how many complaints have been deferred pending criminal investigation. While the
commission recognizes the condentiality that attached to the work of the Judicial Conduct Board, it is also
painfully apparent that the Luzerne County corruption complaints somehow were allowed to languish without
appropriate attention or consideration. It is recommended that the Judicial Conduct Board include within its
annual report an index of all pending case lings, identied only by case number, with an indication as to the
current status of that particular case. If a complaint has not been resolved, then it would appear in each annual
report under its original case number. By providing this generic indexing practice, it will provide a means to
identify any complaints that have been pending without resolution for a substantial period of time.
d. e commission also recommends that the Judicial Conduct Board undertake to revise and update its Web site. It
should provide clear, simple directions to allow the public to le complaints over the internet. In addition, it
should include the reminders to the public and to professionals of their options and ethical responsibilities in
reporting judicial misconduct as more specically explained in the next recommendation.
e. During the course of testimony, it was clear that far too many professionals, let alone lay persons, were wholly
unaware that reporting judicial misconduct to the Judicial Conduct Board was not only an option, but an ethical
responsibility. e commission recommends that the Judicial Conduct Board partner with the Pennsylvania Bar
44
Association and its educational arm, the Pennsylvania Bar Institute, to create and implement an educational
program and materials to assure that practicing attorneys and judges are aware of the mandatory ethical obligation
to report judicial misconduct to the Judicial Conduct Board. Moreover, the commission also recommends that the
Judicial Conduct Board and the Pennsylvania Bar Association/Pennsylvania Bar Institute work together to create
educational material for the general public that can be made available at professional oces for purposes of
recognizing judicial misconduct and explaining how to report such misconduct to the Judicial Conduct Board.
f. While the Judicial Conduct Board contends that it lacks sucient resources to fulll its constitutional obligations,
the commission lacks sucient evidence to conclude that the board is not adequately funded. is is plainly a
budgetary issue better addressed between the Judicial Conduct Board and the Legislature.
2. Long term recommendations:
With regard to the long term recommendations, the commission has come to two inescapable conclusions: (1) the
Judicial Conduct Board lacks sucient oversight to assure that it is fullling its constitutional duties and obligations;
and (2) the existing condentiality provisions relating to the work of the Judicial Conduct Board prohibit any
meaningful oversight and accountability.
In order to eectuate the needed reforms to the Judicial Conduct Board, the commission recommends the creation
of a group, perhaps similar to the composition of the Beck Commission, to conduct a constitutional review and
study to determine what changes are necessary to assure oversight and accountability of the Judicial Conduct Board.
In particular, the commission emphasizes the following areas for review:
a. e appointment process for board members and the general board composition;
b. e powers and duties of the board;
c. Determination if the general rules governing the conduct of its members are adequate to discharge the
members' constitutional mandate and if they are being adequately implemented;
d. e creation of an appellate mechanism to the Court of Judicial Discipline for review of the Judicial Conduct
Board's decision to dismiss a complaint;
e. A careful review and revision of Article V, Section 18(a)(8) as it relates to condentiality and accountability of
the Judicial Conduct Board in fullling its constitutional obligations;
f. e creation of an outside administrator and record keeper. Such an administrator would be bound by the
condentiality standards mandated for the board and would, therefore, have access to details about complaints
and their handling. e administrator would then be in a position to audit the board's specic performance.
When warranted, the administrator could promptly question the failure to address complaints, or why
investigations were allowed to languish.
July 2013
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appeared frequently in the judges court explained that they closed their eyes
and ears
to these apparent abuses out of fear of retaliation from the judge. The
resulting silence
occurred notwithstanding the requirement in Pennsylvania
Professional Conduct Rule
8.3 that a lawyer who knows that a judge has
committed a violation of applicable rules
of judicial conduct that raises a substantial
question as to the judges fitness for office
shall inform the appropriate
authority.
The reluctance to report judicial misconduct
is evidenced most by those who are most
vulnerable to retribution or
retaliation attorneys, court employees, and other judges.
These are the
individuals in the best position to recognize judicial misconduct and the
most
likely to be a witness to it. In California in 2012, only five percent of the
complainants and witnesses when no formal charges are brought would severely
Share
compromise the commissions investigation of complaints of judicial misconduct
and
jeopardize protection of the public. Instead, the commission adopted rules,
consistent
with its long-standing practice and the practice of the State Bar
and other professional
oversight agencies, which guarantee that judges receive
sufficient information to
respond effectively to the allegations of misconduct
during the investigation, without
divulging the identity of the whistleblower
complainant or witnesses. These rules
balance the commissions responsibility
to ensure that the disciplinary process complies
with due process and is fair
to the judges who are under investigation with the
commissions mandate to
protect the public through an effective investigation
process.
Only one state, Alabama, provides
full discovery before formal charges are filed in
judicial disciplinary
proceedings. Complaints dropped almost by half when Alabama
amended its rules
in 2001 to require disclosure of the complaint and all supporting
materials. An
American Bar Association report concluded that Alabamas procedures
conflict
with national practice and are not protective of the public. They unduly burden
the system, deter the filing of valid complaints, and compromise the ability of
the
commission to effectively conduct a proper investigation. (American Bar
Association
Standing Committee on Professional Discipline, Alabama: Report on
the Judicial
Discipline System (March 2009) (ABA Report), p. 14.)
Regardless of whether a judge would
actually retaliate against a complainant, the mere
possibility of retaliation
is sufficient to deter the reporting of judicial misconduct. If
confidentiality
were not guaranteed during the commissions investigation, lawyers who
appear
regularly before a judge would naturally be concerned that reporting judicial
misconduct and cooperating with the commissions investigation will have negative
ramifications not only for themselves, but also for present and future
clients. Court
employees and others whose livelihood depends on their
association with the court
(interpreters, probation officers, etc.) would be
equally, if not more, reluctant to file a
complaint or cooperate with the
commissions investigation knowing their identity
would be disclosed to the
judge. The ABA report on Alabamas judicial disciplinary
system concluded with
respect to Alabamas disclosure rules, This practice,
particularly the
revelation of the complainants identity, has a chilling effect on those
who
may want to file a complaint against a judge. Specific instances were described
to
the team by a range of interviewees, including but not limited to potential
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SUBJECTS AND POSTS
JUDICIAL MISCONDUCT
(69)
JUDGE PRO TEM
(50)
ATTORNEY MISCONDUCT
(35)
MATTHEW J. GARY
(33)
FLEC
(28)
PETER J. McBRIEN
(24)
The kickbacks usually consist of "rubberstamped" court orders which are contrary to
established law, and cannot be attributed to the
exercise of judicial discretion.Most of the
illegal orders are issued against indigent, or
financially disadvantaged "pro per" parties
without an attorney. Manyof the pro pers also
are disabled.
The alleged criminal conduct also deprives victims of their state and federal constitutional rights, including due
SCBA
(22)
ROBERT SAUNDERS
(21)
CJP
(20)
WATCHDOGS
(20)
EMPLOYEE MISCONDUCT
(19)
CHARLOTTE KEELEY
(18)
PRO PERS
(18)
DOCUMENTS
(17)
JAMES M. MIZE
(17)
DIVORCE CORP
(15)
CARLSSON CASE
(11)
COLOR OF LAW SERIES
(11)
CONFLICT OF INTEREST
(11)
RAPTON-KARRES
(11)
SATIRE
(11)
WHISTLEBLOWERS
(11)
process, equal protection of law, access to the courts, and the fundamental liberty interest in the care,
management and companionship of their own children.
Court watchdogs charge that the settlement conference kickback arrangement between the public court and private
sector attorneys constitutes aracketeering enterprisewhich also deprives the public of thefederally
protectedright tohonest government services.The alleged federal crimes also include thetheft, misuse, or
conversion of federal fundsreceived by the court, predicate acts ofmail or wire fraud,andpredicate state law
crimes, including obstruction of justice and child abduction.
WOODRUFF O'HAIR
POSNER and SALINGER
(11)
JAIME R. ROMAN
(10)
LAURIE M. EARL
(10)
NO CONTACT ORDERS
(10)
With the help of court employeewhistleblowers, Sacramento Family Court News has partially reconstructed the
framework of the alleged criminal enterprise that, in size and scope, rivals theKids for Cashcourt scandal in
Luzerne County, Pennsylvania, and the Orange County Superior Court case-fixing corruption scheme recently
exposed by the FBI.
SHARON A. LUERAS
(10)
JESSICA HERNANDEZ
(8)
CHRISTINA VOLKERS
(8)
FERRIS CASE
(8)
JULIE SETZER
(7)
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,
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.
YOUTUBE
(7)
3rd DISTRICT COA
(6)
CIVIL RIGHTS
(6)
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.
CANTIL-SAKAUYE
(5)
THADD BLIZZARD
(5)
Reducing the Caseload and Workload of Judges and Court Staff in Exchange for Kickbacks
One objective of the illegal public-private partnership is to significantly reduce the caseload, and workload of fulltime judges by having private sector lawyers - instead of judges or court staff - operate the settlement program,
according to watchdogs.
At the settlement conferences, judge pro tem attorneys pressure divorcing couples to settle cases so they won't
use the trial court services, including law and motion hearings, ordinarily required to resolve a contested divorce. In
many cases, two lawyers - one acting as a temporary judge - with social and professional ties team up against an
unrepresented pro per to compel one-sided settlement terms. Accounts of coercive and deceptive tactics are
common.
Under the quid pro quo agreement, in exchange for reducing the workload of judges and court staff, as
opportunities arise the temporary judge attorneys are provided reciprocalkickbacks, gratuities, or emoluments
when representing clients in court. The issuance and receipt of the reciprocal benefits violates several state and
federal criminal, and civil, laws.
CHRISTINA ARCURI
(5)
CONTEMPT
(5)
(4)
LUAN CASE
(4)
MIKE NEWDOW
(4)
WE SUPPORT
Electronic Frontier
Foundation
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Californians Aware
Reciprocal benefits include the issuance ofdemonstrably illegal court orders that have ignored, and even
authorized criminal conduct by judge pro tem attorneys and their clients, including criminal child abduction.
In one case, a judge ordered the illegal arrest and assault of a disabled pro per to benefit the opposing, part-time
judge attorney. A court employee whistleblower leaked a courtroom security video of the incident. The judge pro
tem lawyer subsequently was caught on court reporter transcript defending the judge andlying about the arrest
and assault, portraying the disabled victim as being at fault.
The consistent, statistically impossible in-court success rate of judge pro tem attorneys has provided
themprominence, client referrals, wealth, and a substantial monopoly on the Sacramento County divorce and
family law business. Whistleblowers point out that this benefit of the alleged criminal organization also implicates
consumer protection andantitrust laws, including the CaliforniaUnfair Business Practices Act.
The quid pro quo arrangement also involves what whistleblowers assert is a reciprocal protection racket that
conceals the organization from discovery by law enforcement agencies and state oversight authorities, including
the Commission on Judicial Performance, responsible for judge misconduct, and the State Bar Association,
responsible for attorney accountability and discipline.
Case audits conducted by SFCN show that judge pro tem attorneys routinely violate state law, court rules, and
attorney ethics rules, but are never reported to the State Bar, or assessed fines, penalties or "sanctions" by fulltime judges as required by state law.
Pro pers who attempt to report judge pro tem attorney misconduct to the State Bar are told they need a court order
from a judge before a disciplinary investigation against an opposing attorney can take place. There are no known
instances where a judge issued such an order.
Metropolitan News
Enterprise
On the other hand, at the request of cartel attorneys, pro per litigants are routinely punished by judges with illegal
fines, draconian financial sanctions, and other types of punishment to discourage them from returning to
court, and to coerce them to accept settlement terms dictated by the opposing judge pro tem lawyers.
Google Scholar-Includes
Unpublished Case Law
Attorneys provide judges reciprocal protection by not reporting the judicial misconduct, Code of Judicial Ethics
violations, and criminal conduct committed by full-time judge cartel members. And the lawyers do more.
To help conceal and ensure the continuity of the enterprise, on the rare occasion when full-time judges doface
investigation by the Commission on Judicial Performance, members of the cartel provide false, misleading, or
otherwise gratuitous character witness testimony and other forms of support for the offending judge. The
testimony and support is designed to, and does reduce or eliminate potential punishment by the CJP, ensuring
judge members remain on the bench.
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:
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.
Judge Thadd Blizzard issued a rubber-stamped,
kickback order in November, 2013 for judge pro tem
attorney Richard Sokol authorizing an illegal out-ofstate move away and child abduction by Sokol's client,
April Berger. The opposing counsel is an "outsider"
The 2014 documentary film Divorce Corp exposed court
corruption throughout the United States and designated
attorney from San Francisco who was dumbfounded
Sacramento County as the worst-of-the-worst.
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.
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.
California Statutes
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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
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Family Law Courts.com
Family Law Updates at
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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.
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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Divorce attorney Charlotte Keeley (R) and her client Katina Rapton of
Mel Rapton Honda leave a court hearing. Keeley reportedly has billed
Rapton more than $1 million in connection with a child custody dispute.
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
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...
...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.Watch the exclusive Sacramento Family Court News video
below:
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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.
Judge pro tem attorneysCamille Hemmer,Robert O'Hair,Jerry GuthrieandRussell Carlsoneach
testified in support ofJudge Peter J. McBrienwhen thecontroversialjudge was facing removal from
the bench by theCommission on Judicial Performancein 2009.As a sworn temporary judges aware
of McBrien's misconduct, each wasrequired byCanon 3D(1)of theCode of Judicial Ethicsto take or
initiate appropriate corrective action to address McBrien's misconduct. Instead, each testified as a
character witnessin supportof the judge. In theCJP'sfinal disciplinary decision allowing McBrien to
remain on the bench, theCJPreferred specifically to the testimony as a mitigating factor that reduced
McBrien's punishment.Click here. Court records indicate thatJudge McBrienhas not disclosed the
potentialconflict of interestto opposing attorneys and litigants in subsequent appearances by the
attorneys in cases before the judge.Click hereforSFCNcoverage of conflict issues.
Judge pro temattorneysTerri Newman,CamilleHemmer,Diane WasznickyandDonna
Reedwereinvolved in a proposedscheme to rig a recall electionofcontroversialJudgePeter J.
McBrienin 2008. The plan involved helping McBrien defeat the recall by electing him "Judge of the
Year" before the November election.Click herefor theSacramento News and Reviewreport.
Judge pro tem attorney
Robert J. O'Hair testified
as a character witness for
controversial Judge Peter
J. McBrien at the judge's
second CJP disciplinary
proceeding in 2009.Paula
Salinger, an attorney at
O'Hair's firm,Woodruff,
O'Hair Posner &
Salingerwas later granted
a waiver of the
requirements to become
ajudge pro tem. A family
court watchdog asserts
the waiver was payback for
O'Hair's testimony for
McBrien.Click hereto
read our exclusive
investigative report.
LAWYER
(1)
CALIFORNIANS AWARE
(2)
CAMILLE HEMMER
(3)
CANTIL-SAKAUYE
(5)
CARLSSON CASE
(11)
(4)
CHARLOTTE
KEELEY
(18)
CHILD
CUSTODY
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CHILD
SUPPORT
(4)
CHRISTINA
ARCURI
(5)
CHRISTINA
VOLKERS
(8)
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(1)
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(1)
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CJA
(3)
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ClientTickler
(2)
CNN
CODE OF JUDICIAL
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(12)
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(1)
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(3)
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CONSTITUTIONAL
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(3)
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(2)
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(1)
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DSM-301.7
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EFF
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DIANE WASZNICKY
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DIVORCE
ATTORNEY
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DIVORCE
CORP
(15)
DIVORCE
LAWYER
(5)
DOCUMENTS
(17)
DONALD TENN
(3)
DONNA
EFFICIENCY
IN
GOVERNMENT
ELAINE VAN
BEVEREN
(13)
ELECTIONS
(1)
AWARD
(1)
Court records show that Judge Jaime Roman (L) and Judge Matthew Gary
routinely issued demonstrably illegal court orders for the benefit oflocal
attorneyswho also work as part-time judges in family court. Both judges
have been reassigned out of the family courthouse.
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
COURT
AUDITS
(1)
FAMILY
CONDITIONS
(2)
FAMILY COURT
MEDIA COVERAGE
(1)
FAMILY COURT PROCEDURE
(1)
FAMILY
COURT
SACRAMENTO
(2)
FAMILY
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.
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.
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.
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.
COURTHOUSE
(1)
FAMILY
LAW
(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)
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
(17)
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
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JUDICIAL CONDUCT
HANDBOOK
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COUNCIL
(5)
JUDICIAL
MISCONDUCT
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JUDY HOLZER
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.
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.
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.
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.
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)
LOLLIE
LINCOLN
(1)
ROBERTS
(5)
LOUIS MAURO
(1)
LUAN
CASE
(4)
MALPRACTICE
(4)
MARY
MOLINARO
(1)
MATTHEW
HERNANDEZ
(7)
MATTHEW J. GARY
(33)
MCGEORGE
MEDIA
(1)
MICHAEL
SOL
(2)
T. GARCIA
(1)
MIKE NEWDOW
(4)
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GRACE
(1)
NANCY PERKOVICH
(4)
NEW YORK TIMES
(2)
NEWS
(24)
NEWS
EXCLUSIVE
(26)
NEWS
NO CONTACT ORDERS
(10)
OPEN GOVERNMENT
(2)
OPINION
(12)
PARENT
RIGHTS
(1)
PARENTAL
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
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.
(1)
PAULA
SALINGER
(15)
PETER J. McBRIEN
(24)
PHILLIP HERNANDEZ
ALIENATION
(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
(11)
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
A number of family court whistleblowers have leaked court
recordsindicating that judge pro tem attorneys receive from
judges kickbacks and otherpreferential treatment in exchange
for operating the familycourt settlement conference program.
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
Sandy
Amara, Sandra Rose Amara, SBN 166933, Law Office of Sandra Amara,1 California
Street,Auburn, CA95603.
Mark
Ambrose, Mark Anthony Ambrose, SBN 141222, Law Offices of Mark A. Ambrose, 8801
LAW
SCHOOL
WAGNER
WHITE
GEVERCER
Beth
95816.
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.
Alexandre C. Barbera, C. Alexandre Barbera, SBN 70071,915 Highland Point Drive, Ste. 250
Roseville, CA 95678.
STEUART
(1)
(2)
BURLINGHAM
Kathleen Amos, Kathleen Swalla Amos, SBN 112395, Attorney at Law & Mediator,206 5th
Gary Appelblatt, Gary Michael Appelblatt, SBN 144158, 3610 American River Drive #112,
(2)
LEAVENWORTH
Folsom Blvd. Ste. 170, Sacramento, CA 95826. Ambrose unethically advertises himself as a temporary judge.
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.
(4)
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STATE BAR
(5)
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STEVE
STEVEN
(1)
(1)
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STEVEN
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WEEK
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(2)
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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.
EMPLOYEE MISCONDUCT
(19)
CHARLOTTE KEELEY
(18)
PRO PERS
(18)
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.
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.
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.
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
DOCUMENTS
(17)
JAMES M. MIZE
(17)
DIVORCE CORP
(15)
CARLSSON CASE
(11)
COLOR OF LAW SERIES
(11)
CONFLICT OF INTEREST
(11)
RAPTON-KARRES
(11)
SATIRE
(11)
WHISTLEBLOWERS
(11)
dismissed on legal technicalities, which are often caused by the deliberate acts of government employees.
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.
WOODRUFF O'HAIR
POSNER and SALINGER
(11)
JAIME R. ROMAN
(10)
LAURIE M. EARL
(10)
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.
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)
SHARON A. LUERAS
(10)
FERRIS CASE
(8)
JESSICA HERNANDEZ
(8)
JULIE SETZER
(7)
YOUTUBE
(7)
3rd DISTRICT COA
(6)
CIVIL RIGHTS
(6)
3rd District Court of Appeal watchdogs assert that appeal
outcomesare inconsistent, and in large part determined by
the work history,and social or professional connections
ofthe three judges assignedtodecide an appeal.
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.
CANTIL-SAKAUYE
(5)
CHRISTINA ARCURI
(5)
CONTEMPT
(5)
THADD BLIZZARD
(5)
FAMILY LAW FACILITATOR
(4)
LUAN CASE
(4)
MIKE NEWDOW
(4)
WE SUPPORT
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.
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.
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.
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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Justice Ronald Robie performs in the "Judge's Choir" for the
Holiday Luncheon.
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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CALIFORNIA
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.
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.
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.
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In the documentary film Divorce Corp, Ulf Carlsson describes egregious misconduct by Sacramento Family Law Court Judge Peter McBrien. Using
misleading sworn testimony about McBrien's reversal rate in the appellate court, 3rd District Court of Appeal Presiding Justice Arthur G. Scotland
effectively saved McBrien from being removed from the bench by the Commission on Judicial Performance.
COURT
AUDITS
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(9)
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(4)
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(2)
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(28)
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FOX
(1)
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GREGORY
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DWYER
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HAL
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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.
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
SCHOOL
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(6)
STATE BAR
(5)
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WAGNER
(2)
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BURLINGHAM
GEVERCER
(1)
(2)
(1)
(1)
STEUART
STEVE
STEVEN
STEVEN
STEVEN
SUNDAY
FUNNIES
(15)
performance.
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.
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.
"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...
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....
[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.
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.
SUNSHINE
WEEK
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(3)
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(1)
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(1)
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(5)
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(1)
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(1)
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(4)
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(5)
TIMOTHY ZEFF
(5)
TOMMY
ULF
LEE
JONES
(1)
CARLSSON
(6)
UNITED
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(1)
UPDATE
(2)
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(3)
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(2)
VL-CLASS-ACTION
(1)
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(1)
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(2)
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(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."
"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.
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.
However, Scotland's incompetence assertion to the CJP
did, coincidentally, perfectly dovetail with
thecarefullycrafted defense McBrien's legal team
presented during three days of CJP testimony to the
three-judge CJP panel assigned to decide McBrien's
fate.
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
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.
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.
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.
Click to visit Sacramento Family Court News on: Facebook, YouTube, Google+, Scribd, Vimeo, and Twitter.
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.
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