A California state commission that reviews the performance of judges has received an increasing number of complaints about California judges in each of the last three years, the commission's annual report states.
The recently released report also showed that the panel, known as the Commission on Judicial Performance, has closed more complaint cases without taking disciplinary action against judges.
Victoria Henley, the commission's director-chief counsel, said the majority of complaints were closed without disciplinary action because they raised challenges to a judge's legal rulings ---- which are outside of the commission's purview ---- instead of allegations of judicial misconduct.
Misconduct by a judge includes yelling, rudeness, profanity, communicating with only one party in a case, making public comments about a case, and out-of-court behavior such as drunken driving or using court stationery for personal reasons, the commission's report stated.
The increase in the number of complaints comes after six straight years in which the commission received fewer complaints about judges, the report stated.
The commission does not track how many complaints come from each county, Henley said. No San Diego County Superior Court judge has been publicly disciplined since 2000, according to the commission's Web site.
San Diego Superior Court Presiding Judge John Einhorn said an increase in the number of complaints should not raise concerns about the judiciary.
"It has no significance because the complaints can be about someone dissatisfied with the results who thinks that by contacting me or the commission, they can change the results," Einhorn said.
The commission is not an "appellate body" and cannot reverse rulings, Henley said.
State and local officials said they did not know of any reason why the number of new complaints statewide had begun to rise.
"It's not apparent to me," Henley said.
Bonnie Russell, a Del Mar resident who runs two Web sites that are highly critical of judges in San Diego County and elsewhere, said she was surprised that people were filing more complaints with the commission because so few result in disciplinary action.
Russell said she had filed two or three complaints with the commission to no avail in connection with a custody battle with her ex-husband.
"I have based my complaints on rulings and an abuse of discretion or power, which I thought was clear," Russell said.
For example, in a 2002 letter to the commission, Russell leveled several allegations, including that a judge had been biased against her, kept her from seeing her daughter for two years, and had owned a building that leased office space to attorneys who appeared before him.Russell said she received responses from the commission indicating that it closed its investigations of her complaints because she had not provided additional information.
Henley said the commission cannot address a judge's legal decisions.
"A lot of people don't really understand what the commission is here for," Henley said. "When a litigant shows nothing more than dissatisfaction with a legal ruling, the case is closed."
The 11-member commission, which has a $3.9 million budget, was formed in 1960 "to receive and investigate complaints of judicial misconduct," its annual report stated.
The California state constitution specifies that the commission shall be made up of an appeals court justice and two Superior Court judges appointed by the state Supreme Court; two attorneys with more than 10 years' experience in California appointed by the governor; and six citizens who are not judges or attorneys. The governor, state Senate rules committee and state Assembly speaker each appoint two of the private citizen commissioners.
The commission's actions include an initial review of a complaint, which can be closed without disciplining a judge. The commission also can conduct formal hearings and decide to send a judge an advisory letter disapproving of certain conduct, admonish a judge privately or publicly, censure a judge publicly, or remove a judge from office.
In 2001 Los Angeles Superior Court Judge Patrick Couwenberg is removed from the bench for falsely claiming to have fought in Vietnam and worked for the CIA. He also made intentionally false statements to an attorneys group that he attended college on the GI Bill and had a shrapnel wound in his groin. Couwenberg blamed the lies on a mental condition called "pseudologia fantastica.''
Superior Court Judge Joan Weber, the supervising judge of the Superior Court's North County branch, said she has read about the commission's formal hearings in newspapers like others do and that the hearings "seem to be very thoroughly presented."
Complaints against judges are not always resolved within the same year that they are received.
In 2004, the commission received 1,114 new complaints, an increase of 10.2 percent from the number it received in 2003 and the third straight annual increase of more than 9.9 percent.
The number of complaints closed without disciplinary action after an initial review has risen more than 9 percent each of the last three years. The number of complaints closed in 2004 after an initial review rose to 993, an increase of 9.6 percent from 2003. Another 60 complaints were closed without any disciplinary action after a preliminary investigation, down from 62 in 2003.
The commission sent 13 advisory letters to judges, privately admonished eight judges, publicly admonished three and completed the removal of one judge from office in 2004. None of the public discipline involved San Diego County judges.
Russell said she believes no private disciplinary measures should be allowed.
"For a body that was formed to protect the public from bad judges, they have way too many private reprovals," she said.
Weber said she has never received private discipline from the commission and could not say how other judges react to it. Weber said she hoped judges would take note of a private admonishment like any other criticism, but that judges are human and react differently.
The commission's report stated that in 2004, the highest percentage of complaints, 44 percent, involved criminal cases, followed by general civil cases at 19 percent, and family law cases at 16 percent. Those percentages have remained generally consistent since 2001, according to commission reports.
Henley said that criminal cases may account for the highest percentage, in part, because prison inmates sometimes send copies of their petitions for a writ of habeas corpus seeking a new trial to the commission. Henley said the commission treats those petitions as complaints to review.
Where to file a complaint against a California judge, see: http://www.cjp.ca.gov/
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9 comments:
Judges do it, and lawyers too.
They lie about the things they do.
How can you tell if a lawyer is lying? His lips move. Rocky Delgadillo, the City Attorney who ran for State Attorney General against Jerry Brown has told people over the years that, in the words of the L.A. Times, "he made it out of his Eastside neighborhood by winning a football scholarship to Harvard University, where he was an Academic All-American before going on to become a professional football player." Turns out that what he meant to say all these years was, again in the words of the L.A. Times, "he never played in a pro football game and . . . his Harvard financial aid was not an athletic scholarship . . . ."
Yet in an essay written by Mr. Rockard Delgadillo and posted at http://latino.si.edu/YoungAmericanos/page%205_rocky%20delgadillo.htm, (according to http://web.archive.org in 2003) he personally made the claim, “After graduating from Harvard with honors and spending a short time playing professional football in New York and Canada, I returned to my high school as a coach and teacher while waiting to start law school at Columbia University.”.
And even today, on the Delgadillo for Attorney General website (http://rocky2006.com/content/view/2/10), Delgadillo claims to have played “a brief stint as a professional football player…”
Ace Smith, consultant for the Brown campaign said: “Mr. Delgadillo needs to take responsibility for these falsehoods and apologize for his actions. He should start by deleting the false statements about his non-existent pro-football career off his Rocky2006.com website.”
Born July 15, 1960, City Attorney Rocky Delgadillo is a native of Northeast Los Angeles. With his election as City Attorney in 2001, he became the first half-Latino to win citywide office in more than 100 years. Running unopposed, he was re-elected in March 2005 to a second four-year term.
He ran against former Governor and current Mayor of Oakland Jerry Brown in the 2006 race for the Democratic nomination for state attorney general of California.
Delgadillo had claimed to have received a football scholarship to Harvard and played professional football. After an investigation by newspapers he corrected the record.
June 21, 2007.
The Los Angeles city prosecutor who threw stones -- claiming special treatment -- at Los Angeles County Sheriff Lee Baca after Paris Hilton's early release from jail is now watching the glass house he inhabits shatter into shards.
City Attorney Rocky Delgadillo admitted Wednesday after a story appeared in the Los Angeles Times that his wife was wanted for arrest for nine years. The Times reported a warrant for Michelle Delgadillo was issued by a judge in 1998 after she failed to appear in court on charges of driving without insurance on a suspended license in an unregistered car.
Originally charged under her maiden name, Michelle Delgadillo, was never detained during the nine ensuing years, though the court order for her arrest remained valid until Wednesday.
Hours after the Times story broke, she appeared in court to plead no contest to a misdemeanor charge of driving without a license, and the warrant was canceled.
She was sentenced to 12 months on probation and fined 431 U.S. dollars, according to a spokesman for Delgadillo's office.
Other stones being tossed Delgadillo's way include his admission Tuesday to reporters that his wife had been driving his city-owned vehicle on a suspended license when it was damaged in a 2004 accident and later repaired at taxpayer expense.
He also acknowledged he drove for more than a year without automobile insurance required of all California drivers and that his wife was uninsured when she left the scene of another 2004 accident involving the couple's personal car.
At a City Hall news conference, Delgadillo called his own behavior a breach of "the public trust." On Wednesday, he and his wife issued statements saying they were "embarrassed" by the latest revelations, and Delgadillo said he had been unaware of his wife's arrest warrant until Wednesday.
The Calipornia court system is the only one that I have seen so far that places the burden of proof on the accused rather than the accuser.
Judge Petrucelli of Fresno County Family Court has shown this repeatedly by allowing Dale Bruder, a known liar and criminal (read: lawyer) from Tulare, CA to file false documents in Fresno County Superior court. It is amazing that a "judge" can base his decisions on statements from a "man" and his mouth-piece while holding documents in his hand that contradict the submitted statements. ISN'T PERJURY A CRIME IN THIS COUNTRY????!!!!!!
Yes it is but Calipornia is not concerned with the truth, law or justice.
I stumbled across your blog. Great work - you ought to expand this in to abuses in family law courts! My blog will help you come up to speed on the national problem www.carinaandpierce.com
keep up the great work...
~ Paul, Alameda, CA
If anyone can help I would appreciate this. America is being deluged by incompetent bureaucrats and politicians / judges who have no concept of the Bill of Rights or the Liberties of the US Constitution.
Because I was retaliated against by law enforcement for complaining about this following 3 year long siege my wife and I endured, I have hidden the names and place out of fear of further retaliation as a crime victim / whistle blower. I was not arrested for anything because we did nothing wrong, though the following story, shows what can happen to you if you report the wrong criminals who may be connected to the local authorities in some way or other. This story shows how corrupt a local Judge is and pretty much all the local policy makers in this red neck Podunk County.
All of the information in this article points to a very dangerous individual, according to dozens of witnesses, who for several years terrorized a neighborhood. Under ousted DA, he was prosecuted. The new DA was alleged to have some sort of special relationship with a friend of this “psychotic” violent stalker. When the New DA took office policy was changed, and this defendant on ¼ million dollar bail under The old DA, was allowed, given authority, authorized, permitted without consequence or fear of arrest, to commit dozens of felonies against more than 17 individuals in a 3 year period, while he was diagnosed a manic depressant psychotic with personality disorders free on bail in 3 separate criminal incidences for putting guns to children’s heads stating he would shoot them, to vandalism, and trespassing. Imagine this, he was allowed to carry a weapon, and bragged in the news paper for all to see, that he always was armed, yet he was being treated for mental illness and arrested for violence. He got off scott free, without any witnesses who could contradict the dozens of witnesses that were prevented by The New DA from testifying in violation of civil liberties and statutes, just as he said the defendants friend, the new DA would see to it.
A web site was created by me called www.preventmurder.org I had to remove it, as the Sheriffs made an incident report and informed the whole department that I was accusing them of allowing murders, which was not true. I was citing cases where statute was not followed regarding PC 646.9 and County Law enforcement ignored statute regarding stalkers resulting in murders. An obvious oversight that warranted criticism, and is a right in the U.S. that is not to be hindered by retaliatory punitive behavior without due process. This was a violation of my First Amendment Right to Freedom of Speech and the Press. This County was lacking training regarding stalkers who had killed their victims, who were led to believe that an order of the Superior Court “protecting them” from harm from their stalker would actually be enforced to protect them, and that reliance upon these fraudulent documents called restraining orders, was causing unnecessary deaths when after reporting violations, victims where murdered. All restraining order related murders are preventable. Due process denies stalkers the right to kill, and takes away the benefit of doubt without violating their rights! That sounds odd, but if you think about it, unless you have a restraining order against you, behavior common to killers is overlooked and sheriff’s cannot prevent sudden rage killers from doing the deed. But if they have been identified and a civil hearing shows cause to restrict their behavior for simple, “annoyance” either remove the word annoy or arrest this individual. The decision to allow the stalker to kill is not left up to a Judge it is left up to a menial sheriff officer, who is not hired to judge but to enforce laws. I quickly learned that our local county Sheriff’s had very little training or knowledge of the penal code 646.9 or the dozens of appellate court cases untying the hands of officers, who would rather give benefit of doubt to stalkers.
I complained to my representatives. All of them. They contacted the Sheriff and were falsely told that I was not a crime victim, but I was a criminal defendant awaiting trial myself. Imagine elected and Supervisory officials who lie to elected officials of highest California offices of public trust, who still take home a pay check, and will receive retirement for the rest of their lives, while you and I have to toil in a hard life to pay for fuel and taxes, and if there is any left over, feed your family scraps. To add insult to injury, when these officials discovered this information they did nothing to correct it or inform authorities. Finally, an investigation by a political party member received this in writing from a Board of Supervisor office of an elected Board of Supervisor. We were wondering why our protected property right of Goodwill between our representatives was no longer available, and why we were no longer entitled to services that our tax dollars funded such as law enforcement and Title 1 section 28 of the Cal Constitution regarding the Crime Victims Bill of Rights. Our County refused us that bill of rights. All of this was done in violation of civil code Section 52.1 and 53 under the color of authority and U.S. Code Section 1983 of Title 42. It is as if the mafia has been elected to office, and they haven’t murdered us, but they are oppressing us and tormenting us. If they would murder us, we would be out of our misery at least. They actually used a criminal as the military would use a guided missile to attack their enemy. I use this as an analogy of course. The person we complained of was originally arrested, was allowed to violate Penal Code 422 at least 6 or 7 times P.C. 245a 7 counts, P.C. 646.9 at least 7 counts, P.C. 166(a)4, P.C. 185, P.C. 185, P.C. P.C.§136.1(a)(1)(2)(b)(1)(2)(3)(C)(1)(2)(4)(d)(f), Title 18 §151 of the U.S. Code [threatening to murder and tampering with witnesses] against many community members who have affidavits that the county criminal division refused to file, although some are on file in the civil courts and was evidence to cause a dozen or so plaintiffs to prevail in obtaining protection or restraining orders to let us think because it said “protection order,” we would be safe. He was already aimed in out direction, all they had to do was turn the other cheek and pretend that it wasn’t happening, and pretend they did, and it is recorded and documented by many witnesses. We just got to get honest officials in front of the evidence, and that is not easy! He was successful in deterring his witnesses and victims, with the assistance of County Sheriff and DA, as evidence will show allowed him to intimidate and threaten to murder his victims and witnesses. Stuff you see on TV and you think will never happen to you. He successfully broke witness protection laws and was acquitted by corruption from a corrupt Judge, who instructed the Jury to believe that the defendant was “truthful and honest,” due to a character witness who perjured statements who the county should have arrested for threatening witnesses who signed affidavits that were ignored. The county eagerly dropped the other cases because witnesses would not testify in fear of the murder threats, and we asked the county for protection and the county did not want to protect us or charge him on 30 violations of restraining orders ranging from pc245 and other stalking acts. I believe they did this because they wanted it to appear that this defendant actually did nothing wrong, destroying our credibility and their liability for wrong doing. The restraining order didn’t work! On the contrary, that just enraged this person and the assaults escalated with the approval and sanction of the County who wouldn’t lift a finger to help us because we complained over their heads. We [a dozen or so separate crime victims] filed approximately 30 or more incident reports and a dozen sworn affidavits noting the offenses. Why else would an elected Board of Supervisor send a letter to a credible person, stating falsely casting me in a false light stating that I was a criminal defendant awaiting trial, who the county arrests on “numerous occasions” “multiple times.” Perhaps the BOS non arrest but charge for drunk driving can explain a few things. She wrecked off the road onto private property endangered the lives of her constituents, and then attempted to flee the scene and wrecked across the street according to news report. She was not arrested but only charged. Corruption is rampant among the highest officials to the street cops, because it is not reported by media as corrupt. This is life in America today. The media allows citizens to be oppressed and have their reputations and character destroyed, in order to cover up wrong doing by those that feed them news , and then in the open public allows politicians to walk away from criminal acts without any scrutiny.
I forwarded this information I was given to a law enforcement agency outside of the county. In retaliation, the elected Board of Supervisor, whom I voted for, recruited and attempted to enroll a division of the CHP called the Dignitary Threat Assessment Team into her Section 1983 Title 42 criminal act violations. She had my house surrounded by County Sheriffs Squadrons. We were in tremendous fear and didn’t know why they were there, or if they were going to shoot us or frame us up for something. Two CHP detectives said they were here to offer me help in my complaints. I didn’t know they were CHP until prior to leaving about 2 hours later. They told me that they were concerned about what I wanted to do to the Board of Supervisor. Since I had made no threats, they had no right to attempt to arrest me for something without probable cause. These guys were huge. They had 4 county or state squad cars assisting for back up with many armed deputies. This was not normal operating procedure to send a well armed militia force to help me with my complaints.
They left without arresting me, but detained me against my will without cause, invaded my home, grilled me a few hours, and allowed the person I was testifying against and had a restraining order in violation of the order, post on a web site and in public places all over the County references to this incident that stated, I was being punished and charged for speaking out against the government! The CHP detectives commented on what a nice home I built and they left apologizing for bothering me.
This was terrifying and I could not leave my home for fear of resisting arrest. I just did what they told me to do thinking that they could have done me some great harm due to the distrust for our local authorities anybody in our position would have developed.
I followed the advice of the Attorney General office and filed all local complaints and waited more than a year while we were under siege, unable to use our home we paid thousands for a permit to use. I filed a complaint with the Grand Jury. A Judge issued me a cease and desist order from filing a complaint barring my contact with my ongoing case GJ07-007. He threatened me with financial sanctions and imprisonment. They even fabricated a story about how I had been ordered to not contact the Grand Jury by some fictitious entity that doesn’t exist and had ignored this fictitious entity, or new statute that was made in my honor, though I never signed a waiver of my constitutional rights, unless they have a forged document that they will wave in some incompetent investigators face. I never even had a hearing regarding this. I was charged with a crime by a criminal court judge, and sentenced to deprivation of constitutional rights perhaps for life, I am not sure, as I have not filed a writ of habeas corpus and paid the fee for that writ. I never even remember getting charged or arrested for this crime? Is this legal? Is being a Superior Court Judge, authorize enforcing illegal effects of a Title 42 section 1983 violation of U.S. Code? Can his immunity be abrogated? I have never been ordered before him. He has never questioned me. He just don’t want my filing a Grand Jury complaint against him and his golfing buddies. I never complained about him…till now.
Eventually, the County, despite being caught by the gracious political party member, who although, emailed me stating that, “this could ruin his career,” the county has been successful in deterring any help from outside sources do to political consequences and the successful defamation against me has had a quenching affect on my constitution liberties as made evident. I don’t dare speak publicly because the last time I had a stalker released from jail in order to punish me. My actions got this guy acquitted. He doesn’t realize I’m his best friend ever.
So, I have almost completed my complaint. I have pages of appellate decisions regarding overcoming the immunity that the County has lost by their malicious callous wanton disregard for our constituently protected rights and their deliberate indifference and the unlawful policy. I have a copy of a policy prima facie evidence that unlawfully singles my family and community of 17 or more individuals to deny protected sacred rights, naming all of the co defendants who participated in this policy from the county. This country was founded on a promissory note from our Forefathers called the Constitution. We all know, the great cost of lives in wars that gave us this freedom, but this Counties current administration has desecrated these freedoms and prosecute this desecration without ceasing. I too am an American, though born in a foreign country, I too, still deserve protection. My dad was military, and I didn’t live here till I was 15. Now I’m 50 and I have no country to call my own
Please assist me in some way, exposing these villains, or helping my case in some way.
Sincerely,
Director
preventmurder@yahoo.com
www.preventmurder.org site down due to government retaliation and persecution for practicing free speech, freedom of the press and redressing grievances with the local County Government.
I wouldn't believe everything homesculptor said. There is a reason he is feeling ignored by our County officials. Because he isn't telling the absolute truth on everything. I know, I am the wife to the supposed "stalker" he speaks of. What HOMESCULPTOR is saying is a pack of lies. To read more go to my site about this situation... www.pretentiousneighbor.today.com.,
pursecuted_one@hotmail.com. I will forward any information of his bogus lies, police reports that HOMESCULPTOR chopped and cropped and previously posted on his website.
Sincerely, persecuted by HOMESCULPTOR FOR 3 YEARS.
I filed a complaint about a judge who was friends with the doctor I sued for medical malpractice. This judge was clearly biased - the doctor operated on more than a DOZEN of the wrong parts, including the wrong leg. He altered the medical records to try to cover it up. The evidence of all that was unrefuted by the doctor - they just said, "We deny her allegations". The judge ruled against me, ordered me to pay the doctor's attorney fees, and in his ruling he said, " I don't think he [the doctor] did anything wrong". I found out later that the judge and doctor are long time friends and their wives socialize together. The commission did absolutely nothing, and gave no explanation.
did the same thing in a case i handled where the defendant was the judges doctor for a cancer therapy and the other defendant were her medical providers for a number of years and as she said she has been lucky enough to have both of them treat her. she did not allow cross examination of a medical experts flown done by the defense from Yale but said if plaintiff had further cross examination then 50 minutes she could do it on a phone conference as the experts prior commitment to return to yale was morte important. her friend of many years was a juror as were employees of the defendant. all class of hispanics were allowed off the jury. one of the CJC members was on the appellate panel when the case was brought up on appeal.cjc is a judge friendly organization that politically protects corrupt judges if they rule for the large defense firms,
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