Monday, December 10, 2012

Sacramento Judge Jaime R. Roman Issues Illegal Blanket Order Exempting Government From State Court Rule in Child Support Cases

California Commission on Judicial Performance Director Victoria B. Henley Chief Council - CJP Chairperson Anthony P. Capozzi, Vice-Chairperson Justice Ignazio J. Ruvolo 1st District Court of Appeal California - California 3rd District Court of Appeal – Sacramento Justice Vance W. Raye – Justice Jonathan K. Renner - Justice Coleman A. Blease – Justice Ronald B. Robie – Justice William J. Murray Jr. – Justice George W. Nicolson – Justice M. Kathleen Butz – Justice Elena J. Duarte – Justice Harry E. Hull Jr. – Justice Louis R. Mauro – Justice Andrea Lynn Hoch – Justice Jonathan K. Renner Third District Court of Appeal California
Judge Jaime Roman (L) with Judge Matthew Gary.
Sacramento Superior Court Judge Jaime Roman last month issued an illegal, standing order exempting government attorneys from state court rule requirements in child support cases. 

Roman authorized an unlawful blanket order applicable to all child support cases in Sacramento County Superior Court where the Department of Child Support Services (DCSS) is directed by the court to prepare the proposed order after hearing.

To benefit the government, the order eliminates the order after hearing notice and approval requirements of Cal. Rules of Court rule 5.125. The rule specifies that modifications to the rule can only be made when appropriate to specific cases, not all cases on a blanket basis. 

The order also was issued more than a month before the rule takes effect. Both the order and rule 5.125 appear below. Judge Roman has been involved in a number of additional controversies reported by Sacramento Family Court News.   

Roman's unilateral action exceeds his authority and violates several sections of the California Code of Judicial Ethics, according to past judge misconduct prosecutions by the Commission on Judicial Performance. Among other ethical implications, providing preferential treatment to the government creates an impermissible two-track system of justice, according to the CJP. 

Roman has worked for the government most of his career, including eleven years as a Solano County prosecutor.