State Auditor Files Response to Vexatious Litigation by Commission on Judicial Performance Director Victoria Henley

Commission on Judicial Performance
Director and Chief Counsel Victoria Henley

From the Daily Journal: 

Attorneys for the California State Auditor submitted a response Monday to a writ filed last month by the Commission on Judicial Performance challenging the auditor's jurisdiction.

The CJP sued Auditor Elaine M. Howle in San Francisco Superior Court in October, seeking to limit the scope of an audit ordered by the Legislature in August. The CJP is the state agency that investigates and disciplines judges charged with misconduct...

Myron Moskovitz, who represents Howle, said the CJP's arguments seek to sidestop decades of well-established law around the auditor's office and its functions.

"After they see the answer, if they still want to go to trial we will," said Moskovitz, legal director of the Moskovitz Appellate Team in Piedmont. "I don't know why they would want to. I don't think they have much of a case...

"This is the first time anyone has ever complained about their right to audit a public agency that gets public money and is supposed to serve the public," explained Moskovitz. "I don't know what they are afraid of."  

CJP Director/Chief Counsel Victoria Henley is paid $194,000 per year by California taxpayers. 

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6th District Justice Conrad Rushing Issues Sham Order for Divorce Lawyer Garrett Dailey: Indigent Pro Per Denied Right To Appeal

Justice Conrad Rushing

In an unsettling example of judge and attorney misconduct, indigent, self-represented Santa Clara County family court victim Catherine Raffa attempted to appeal a trial court order declaring her a vexatious litigant. Raffa successfully filed the appeal, # H043207, in the 6th District Court of Appeal in San Jose.

Earlier this year, the opposing attorney, veteran family law lawyer Garrett Dailey, filed a motion to dismiss the appeal because, he claimed, Raffa was a vexatious litigant and required to get permission "from the presiding justice permitting the appeal to proceed."

But a litigant appealing a vexatious litigant order issued by a trial court doesn't need permission to appeal the order. If they lose the appeal, thereafter they need permission from a presiding judge to file anything in any court. They don't need permission to appeal the initial VL order, according to both case law and statutory law, CCP § 904.1(a)(6).

Damning Report Cataloging Career Spanning Misconduct by Judge Bruce C. Mills Leaked by Whistleblower Group

Judge Bruce C. Mills

A report cataloging serial acts of misconduct spanning more than 10 years by Judge Bruce C. Mills has been leaked to the public by a court watchdog and whistleblower group.

The 51-page dossier collected both public and "secret" discipline prosecutions against the judge by the Commission on Judicial Performance, the state agency responsible for judge oversight and accountability. The report is embedded at the end of this post.

The report reveals that in addition to two well known public disciplinary actions taken against the veteran Contra Costa County jurist, Mills was also found guilty in three additional incidents where the type of discipline and name of the offender were "private" and not revealed to the public.

The group identified Mills as the offending judge in the secret proceedings by reverse engineering details from the public disciplinary actions and cross referencing the information with old CJP annual reports. The acts of public and private misconduct occurred in 2001, 2006, 2008, 2011 and 2013.

Judge Bruce Clayton Mills was appointed to the bench by Governor Pete Wilson in July, 1995. Mills worked as a Contra Costa County prosecutor from 1985-95, and was in private practice from 1984-87. The judge is a 1984 graduate of Lewis & Clark Law School in Portland, Oregon.

Commission on Judicial Performance Director Victoria B. Henley Makes Bank at CJP Protecting Judges

Commission on Judicial Performance Director Victoria Henley is paid more than the Governor of California for running a protection racket for judges. 

Special Sunday Satire by RoadDog

Keeping a lid on the epidemic of judicial corruption in California don't come cheap. The Boss of Bosses of the California Commission on Judicial Performance - the state agency that used to be responsible for keeping the state's judges in line - banked $194,000 in pay last year. Can you say "protection racket?" That's some OG gangsta shit. Who wants Victoria Henley's job? Raise your hand.   

California Commission on Judicial Performance Assessed FAILing Grade for Judicial Accountability in National Government Corruption Study

The California Commission on Judicial Performance and Director Victoria B. Henley are responsible for judicial oversight and accountability in the state.

Read the full article at the San Jose Mercury News. 

California Supreme Court Corruption: Whistleblowers Charge Supreme Court Justices with Enabling Bias Against the Poor in Family Courts

California Supreme Court Justices Tani Cantil-Sakauye, Ming Chin, Leondra Kruger, Carol Corrigan, Goodwin Liu, Mariano Cuellar and Kathryn Werdegar are accused of enabling family court bias against financially disadvantaged and disabled "pro per" litigants who cannot afford to hire a lawyer.

Institutionalized Socioeconomic Bias 

California Supreme Court judges are ignoring and thereby enabling systemic bias against the poor in family courts throughout the state, Judicial Branch reform advocates have charged.  

Earlier this year, Chief Justice Tani Cantil-Sakauye and the state Judicial Council were engulfed in a nationwide firestorm of controversy when a report released by the Lawyers Committee for Civil Rights of the San Francisco Bay Area revealed that traffic courts throughout the state were trapping the poor in long cycles of poverty using fines, fees and driver license revocations. 

Family court whistleblowers have catalogued examples showing that similar, institutionalized socioeconomic bias occurs in family courts, where more than 70 percent of court users cannot afford to hire an attorney. "This is a statewide epidemic of the same scale as the traffic courts scandal," said Ulf Carlsson, a whistleblower and former state employee. "Like they did in that debacle, the Supreme Court is playing deaf, dumb and blind to the problems." 

Sacramento Family Court News, an online, nonprofit journalism organization recently published an investigative report compiling court scandals attributed to Judicial Council Chair Tani Cantil-Sakauye. To view the report, click here. Other sources of news and information about socioeconomic bias in state courts include the California Supreme Court & Judicial Branch Report Tumblr, and the Judicial Misconduct Facebook Community. 

Commission on Judicial Performance Controversy: Judge Discipline Process Secrecy Questioned

The Commission on Judicial Performance and Director Victoria B. Henley have long been criticized for excessive secrecy when investigating allegations of judge misconduct in California. 

A Central Valley political science professor has published an editorial criticizing the state Commission on Judicial Performance for conducting secretive, "under the radar" deliberations when it considers allegations of judge misconduct brought by the public. After he filed a complaint against a court commissioner - which was summarily dismissed by the CJP - Tamir Sukkary was surprised at what he learned about CJP procedures. 

"[I] found out from my state senator's office that the CJP's meetings are neither open to the public, nor subject to the California Public Records Act, Brown Act or Freedom of Information Act," Sukkary wrote. "Not even the CJP clerical staff is allowed to attend during deliberations. Why is the commission operating in such a secretive fashion? Isn't the commission supposed to be serving the public?"

The full editorial is posted below, or at this Scribd page. Sukkary has been profiled by CBS News in Sacramento and runs a YouTube Channel featuring educational videos on political science and the Middle East. For additional reporting about the CJP, visit California Commission on Judicial Performance News.   

CJP Secrecy Questioned by Academic in Daily Journal Editorial: Deliberations of Judicial Watchdog Should Be... by California Judicial Branch News Network - Independent Investigative Reporting on California Courts

Chief Justice Tani Cantil-Sakauye Starves Courts of Funding, Spends Millions on Limo and Security Service for High Court Judges

Judicial Council Chair Tani G. Cantil-Sakauye Caught on Camera Using Highway Patrol as Personal Taxi Service

Tani Cantil-Sakauye caught in the act by News10 in Sacramento.

ABC News10 in Sacramento has caught California Supreme Court Chief Justice Tani Cantil-Sakauye in the act of using the California Highway Patrol as a personal taxi and security service at taxpayer expense.

Emmy Award winning News10 investigative reporter Thom Jensen and his photographer tailed Cantil-Sakauye and her personal, armed CHP officer and driver to her home in a gated community in the Sacramento area.

As the video records, Jensen received an inhospitable reception from the chief justice and her CHP valet. At minute 1:40 of the clip, former 3rd District Court of Appeal Justice Arthur Scotland is caught on camera telling a lie to cover for Cantil-Sakauye - his long-time former colleague from Sacramento County Superior Court, the Third District Appellate Court, and the Deukmejian administration...

Click here to read the complete article at Supreme Court of California News.

Judge Robert Hight Misconduct: Sacramento County Presiding Judge Rehires Ex-Con Judge Peter McBrien

Criminal Investigation Against Judge Peter McBrien: Whistleblower Leaked Report from Sacramento County District Attorney's Office

In 2000, Judge Peter McBrien faced
a felony criminal prosecution for
the destruction of trees in a
public park. 

The criminal investigation report of Judge Peter McBrien by Sacramento County District Attorney's Office Criminal Investigator Craig Tourte is embedded at the end of this post. To view additional records from the 2000 prosecution and conviction of McBrien, click here. To read the Sacramento News and Review cover story about the case, click here. 

In 2009, McBrien was caught lying under oath to the Commission on Judicial Performance about the circumstances surrounding his 2000 criminal conviction. 

Court watchdogs allege that the judge also is responsible for a family court criminal racketeering enterprise involving collusion and kickbacks between judges and divorce attorneys who also work as part-time judges in the same court. Click here for an investigative report by Sacramento Family Court News. 

McBrien retired from the bench in 2014, but was authorized to continue working as a family court commissioner by controversial Sacramento County Presiding Judge Robert Hight and troubled family court Supervising Judge James Mize. 

To continue reading, click Read more >> below: 

Judge James Mize Corruption, Cronyism: Rehires Dishonest, Controversial Judge Peter J. McBrien

Perjury and Lies by Judge Peter McBrien Documented by the Commission on Judicial Performance in Whistleblower Leaked Records

Sacramento Superior Court Judge Peter McBrien's personal vendetta
against Ulf Carlsson was detailed and reenacted in the 2014
documentary Divorce Corp.

False testimony under oath by Judge Peter McBrien is documented by the Commission on Judicial Performance in this set of whistleblower leaked documents, embedded below. The CJP is the state agency responsible for the oversight and accountability of judges in California. 

McBrien's serial misconduct in the Carlsson divorce case led to his prosecution by the CJP and was chronicled in the 2014 documentary film Divorce Corp. To view a clip from the movie featuring an interview with Ulf Carlsson describing what a court of appeal judge called McBrien's "judicial reign of terror," click here.

To continue reading, click Read more >> below: 

Sacramento Family Law Court Protest: Hon. Robert C. Hight - Hon. James M. Mize - Hon. Peter J. McBrien

Sacramento Family Court Protest Against Corruption and Judge Peter McBrien - Kept in Office by Testimony from Judges Robert Hight and James Mize 

From the documentary film Divorce Corp. 

Sacramento Family Law Court Protest - Judicial Council of California - California Supreme Court - CJP Victoria Henley from Sacramento Family Court News on Vimeo.

Sacramento Family Court reform activists conduct a demonstration in this clip from the documentary Divorce Corp. Among other issues, the demonstration raised awareness of family court corruption and the failure of the Commission on Judicial Performance to remove Judge Peter McBrien from the bench after his second misconduct prosecution by the CJP. Defense character witness testimony on McBrien's behalf by Sacramento Judges Robert Hight and James Mize was cited by the CJP as a mitigating factor which reduced McBrien's punishment and allowed him to remain on the bench.

For the full article, click Read more >> below...

Epic FAIL: McGeorge Law School Professor John E.B. Myers Attributes Lack of Family Court Justice to Judicial Council Forms

Sacramento Judge James Mize Apologist Attempts Diversion from Divorce Corp Documentary Scandal

Special Guest Editorial: Opinion by Cathy Cohen


McGeorge School of Law Professor John Myers blames
family court injustice on too many Judicial Council forms.

In a laughably inaccurate editorial published by the Sacramento Bee, McGeorge School of Law family law professor John E.B. Myers redefined the meaning of the out-of-touch, ivory tower academic. Among other clueless assertions, Myers made the epic LOL, demonstrably false claim that:

“Sacramento’s family court, under the wise leadership of Judge James Mize, serves the community well.”

Family court watchdogs have collected and catalogued overwhelming evidence that Judge Mize provides anything but “wise leadership,” and that the court – which operates essentially as an organized, criminal enterprise – serves only a select, exclusive group of judge pro tem lawyers. The community at large, and especially those financially disadvantaged family court users without an attorney, are subjected to second-class status under an illegal two-track system of justice. 

Documentary Film Divorce Corp Opens Nationwide January 10 - California Courts Most Corrupt in U.S.

Caught on Transcript: Justice Arthur G. Scotland Provides Misleading Character Witness Testimony for Judge Peter J. McBrien at CJP

Leaked Court Reporter Transcript Catches 3rd District Justice Arthur G. Scotland 2009 Deceptive Testimony for Judge Peter McBrien

To help Sacramento County Family Court Judge Peter McBrien avoid removal from the bench for misconduct, 3rd District Court of Appeal Justice Arthur Scotland misleads the Commission on Judicial Performance about McBrien's reversal rate in the court of appeal. Click here for the full story. 

Also included with the transcript is the felony charging document from McBrien's criminal case. Click here for more on 3rd District Appellate Court controversy. Click here for additional reporting on ethically-challenged Judge Peter McBrien at Sacramento Family Court News. Scotland is now Of Counsel at the high-power Sacramento lobby firm Nielsen Merksamer Parrinello Gross & Leoni LLP.

Jack Halpin Shasta County Judge Barred from Bench

Family Court Dispute Leads To Removal of Shasta County Judge Jack Halpin

A retired Shasta County Superior Court judge has been barred from the bench — possibly stemming from a complaint filed by a Mount Shasta attorney accusing the county court of abusing the state's system that allows him to handle some cases even after retirement, according to the Redding Record Searchlight newspaper.

It's unclear whether the notice barring Judge Jack Halpin from the Shasta County bench is related to the "quo warranto" lawsuit proceedings initiated by Mount Shasta attorney Barbara Kauffman. A quo warranto is essentially a motion to initiate removing someone from a public office, but the attorney general's office has to approve one before it proceeds — a step meant to safeguard officials against frivolous lawsuits.

Click here to read the full article at the Record Searchlight. 

Commission on Judicial Performance Director Victoria B. Henley Paid $194,000 per Year by Taxpayers

Victoria Henley, Director of the Commission on Judicial Performance is paid substantially more than the governor of California. 

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

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. 

Judge Jaime Roman Issues Illegal Blanket Order for Government Waiving Court Rule Requirements in Child Supp... by Sacramento Family Court News

Sacramento County Family Court Hon. Peter J. McBrien Felony Charging Document from 2000

Sacramento County Family Court Judge Peter McBrien Charged with Felony Criminal Conduct 

Family Court Controversy Documents

Family court Judge Peter McBrien 2000 felony charging document with attached D.A. investigator report. Summons in lieu of arrest warrant charging Peter James McBrien with the commission of a violation of Penal Code section 594, a felony. With the five-page investigation report of Sacramento County District Attorney's Office Criminal Investigator Craig W. Tourte detailing Judge McBrien's responsibility for the destruction of public owned trees valued at more than $20,000 in the Ancil Hoffman Park Effie Yeaw Nature Center in Carmichael, California. Judge McBrien had the trees destroyed to improve the view from his home, according to the investigators report. 

The case was resolved when McBrien pleaded no contest to a reduced, misdemeanor charge. Click here for the full story. Click here for local coverage of Judge McBrien at Sacramento Family Court News. Hon. Peter J. McBrien, is a Sacramento County Superior Court, family court judge. California Supreme Court Chief Justice Tani Cantil-Sakauye was a Sacramento Superior Court Judge from 1997-2005 and presided over the first court in Sacramento dedicated solely to domestic violence issues, working closely with Judge McBrien.