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Los Angeles Superior Court - Widespread Corruption and Refusal of US DOJ to Take Action

by Human Rights Alert, NGO Saturday, Jan. 08, 2011 at 4:33 AM
jz12345@earthlink.net PO Box 526

The Superior Court of California, County of Los Angeles, is the largest county court in the United States, with over 400 judges, serving the most populous county in the United States, with over 10 million residents. Official, expert, and media reports have documented widespread corruption of the court for over a decade, and consistent refusal of the US government to take action.

Superior Court of Los Angeles County, California

http://judgepedia.org/index.php/Superior_Court_of_Los_Angeles_County,_California

Contents

1 Judges

2 Introduction

2.1 2010 election

2.2 Endorsements

3 Allegations and Opinions of Widespread Corruption of the Superior Court of California, County of Los Angeles

3.1 The Rampart Scandal (1998-2000)

3.2 Sustain - The Case Management System of the Court

3.3 Key Cases - Evidence of Racketeering

3.3.1 1. Galdjie v Darwish

3.3.2 2. Marina Homeowners Association v Los Angeles County

3.3.3 3. Sturgeon v Los Angeles County

3.3.4 4. Karimi v Mithaiwala

3.4 High-Level Financial Mismanagement and Allegations of Bribing

3.4.1 1. Secret Corporations

3.4.2 2. Undisclosed Designation of Funds Collected by the Court

3.4.3 3. Payments by Los Angeles County

3.5 Retroactive Immunities (Pardons)Accorded to Los Angeles County Judges

3.6 Report of the Human Rights Council of the United Nations as Part of the 2010 UPR of Human Rights in the US

4 Refusal of US Department of Justice to Take Action

5 External links

6 References

The Superior Court of Los Angeles County is one of 58 Superior Courts inCalifornia.

Judges

There are over 428 judges in Los Angeles County.[1]

IntroductionThe Superior Court of California, County of Los Angeles, is the largest county court in the United States, with over 400 judges, serving the most populous county in the United States, with over 10 million residents.[2]

Official, expert, and media reports have documented widespread corruption of the court for over a decade, and consistent refusal of the US government to take action.[3]

The most notable event related to corruption of the court was the Rampart scandal (1998-2000), which was described as the largest court corruption scandal in the history of the United States. (see also Jacqueline A. Connor) [4] [5] [6] [7]

2010 election

Main article:

California judicial elections, 2010

The three incumbents up for re-election on the Los Angeles Superior Court have challengers in 2010:

Laura A. Matz, challenger is attorney Marvin G. Fischler [8]

There are three candidates for the seat of retiring judge William R. Weisman on the LA Superior Court: Deputy District Attorney Valerie F. Salkin, Pasadena attorneyAnthony de los Reyes and San Pedro attorney R. Stephen Bolinger. [9]

There are four candidates for the seat of Judge William R. Pounders who is retiring at the end of his term in January 2011. They are: Deputy City Attorney Thomas J. Griego, attorney Pattricia M. Vienna and Deputy Los Angeles District AttorneyAlan K. Schneider. [10]

Justice Emily A. Stevens is not seeking another term on the court. There are eight candidates vying for her seat: Arbitrator/mediator Elizabeth A. Moreno, Deputy Public Defender C. Edward Mack, Deputy City Attorney Chris Garcia, Deputy District Attorney Edward Nison, Beverly Hills practitioner Mark K. Ameli, Los Angeles Superior Court Referee Randolph M. Hammock, Hawthorne Deputy City Attorney Kim Smith and San Pedro attorney Kendall C. Reed. [11]

Endorsements

The L.A. Times endorses the following candidates: Randy Hammock, Soussan Bruguera, Laura A. Matz, Tony de los Reyes, Alan Schneider, and Maren Elizabeth Nelson.[12]

Allegations and Opinions of Widespread Corruption of the Superior Court of California, County of Los AngelesIn June 2010 Human Rights Alert (NGO) filed complaint with the then newly re-established Public Corruption and Civil Rights Division of the US Attorney Office, Central District of California, alleging widespread corruption and racketeering by judges of the Superior Court of California, County of Los Angeles, and Deprivation of Rights of the 10 million residents of Los Angeles County, California. [13] [14]. The complaint was based in part on official, expert, and media reports going back for over a decade.

The US Attorney Office has refused to acknowledge receipt of the complaint, and has not responded in any manner.

The Rampart Scandal (1998-2000)

The Rampart scandal was the most notable event in the history of the Court in recent decades. A series of official, expert, and media report provided detailed examination of conduct of the Los Angeles Police Department, the County District Attorney, and the Court:

"Innocent people remain in prison"

"...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."

LAPD Blue Ribbon Review Panel Report (2006)[15]

"...judges tried and sentenced a staggering number of people for crimes they did not commit."

Prof David Burcham, Dean, Loyola Law School, LA (2001) [16]

"This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."

Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) [17]

Sustain - The Case Management System of the Court

Implementation of Sustain around 1985, at a time that Ronald George, later Chief Justice of the California Supreme Court, served in leadership positions at the Superior Court of Los Angeles County, was opined as key to alleged racketeering in the Court.

Based on analysis of the system by Joseph Zernik, PhD, of Human Rights Alert (NGO),[18] a leading international computer science scholar issued an opinion supporting allegations of fraud in the system, and calling on US computer science experts to investigate the system.[19]

Key features of the system that enable the alleged racketeering in the court include, but are not limited to:

Failure to publish Local Rules of Court pertaining to new court procedures that were implemented by the Court through Sustain.

Denial of access to Sustain records in general, and the Registers of Actions (California civil dockets) in particular, in apparent violation of First Amendment rights - to access court records to inspect and to copy.

Failure to authenticate court records by the Clerk of the Court. Minutes are routinely entered by the Court in Sustain, while the Court deems the Due Process right to notice and service (inherent to authentication by the clerk) "waived".

Failure to enter judgments as required by California Civil Code to make them "effectual for any purpose", and yet enforcing their execution.

Key Cases - Evidence of Racketeering

The following cases are considered key evidence of racketeering at the Superior Court of California:

1. Galdjie v Darwish

The case is a prototype of alleged Fraud on the Court and Real estate Fraud. In May 2002, Defendant Darwish appeared in the Superior Court in Santa Monica, on a day that Jury Trial was scheduled. She was deceived to proceed to the Culver City Municipal Court, where a Judge who remained anonymous in court records conducted a "Court Trial" and ruled to take her 6-unit Santa Monica rental property. Darwish later provided a declaration that the "Muni-Judge" was John Segal. The judgment was never entered, but the property was taken by the court. The Court denies access to the case file to inspect and to copy.[20]

See additional details under John Segal

2. Marina Homeowners Association v Los Angeles County

In March 2009 JudgeDavid P. Yaffe was reported by media to have sentenced former US prosecutor to "continuous confinement" for contempt of the court. The sentencing hearing was never listed in the case online chronology. The court denies access to the case Register of Actions (California civil docket). No judgment was ever entered. Regardless, Richard Fine was arrested on that date in open court by the Sheriff's Warrant Detail, and was later held for 18 months in solitary confinement. The Sheriff booked Richard Fine as arrested on location and by authority of the non-existent "Municipal Court of San Pedro".[21] [22]

See additional details under David P. Yaffe

3. Sturgeon v Los Angeles County

From 2007 to 2009 Justice James Richmanpresided in purported litigation on petition for injunction, which originated in the secret taking by all judges of the Superior Court of Los Angeles County of "not permitted" payments from the County of Los Angeles, at ~,000 per judge per year. During the same years it became practically impossible to win a case against Los Angeles County in the court.[23]

The Superior Court quadrupled in the case as the Court, the Judge, the Clerk, and a Party (Intervenor). Justice Richman routinely referred to himself as Judge "sitting by assignment". The Court routinely referred to Justice Richman as presiding "by referrence", and Plaintiff's counsel routinely referred to Justice Richman as presiding by "designation". No court record of assignment, reference, or designation was discovered. The Court denies access to the Register of Actions (California civil docket in the case) in apparent violation of First Amendment rights. Justice Richman issued two judgments in the case - both in favor of the Court. Neither was entered, but both were falsely deemed by the Court as valid judgments - permitting the ongoing payments by Los Angeles County to the judges of the Court. [24]

See additional details under James Richman

4. Karimi v Mithaiwala

The case is claimed as a prototype of financial fraud under the guise of litigation. The case was initiated as a petition for a divorce decree. In the course of the litigation the Court seized a community property corporation through conduct of Attorney David Pasternak, former President of the Los Angeles County Bar Association and former President of Bet Tzedek ("The House of Justice"), who appeared as "Receiver". However, Attorney David Pasternak had no valid Appointment Order.[25]

It should be noted that Attorney David Pasternak appeared as "Receiver" with no valid Appointment Order also in Galjdie v Darwish (see above), Commissioner Murray Gross appeared as "Debtor Examiner" with no Appointment Order in Marina Homeowners Association v Los Angeles County, and Justice James A Richman appeared as "Referee" (according to the Court) with no Appointment Order inSturgeon v Los Angeles County.

High-Level Financial Mismanagement and Allegations of Bribing

Allegations of bribing and financial mismanagement have been leveled against the judges of the Superior Court of California, County of Los Angeles for over a decade.

1. Secret CorporationsAlready in 1999, the Washington DC "Insight Magazine" published reports of secret corporations held by the judges of the Superior Court of California, County of Los Angeles. Inexplicable fund movements were reported in and out of such corporations. [26]

2. Undisclosed Designation of Funds Collected by the CourtIn Galdjie v Darwishand other cases it was discovered that the Registers of Actions (California civil dockets) designated all fees that were collected by the Court as "Journal Entry". In other cases, such fees are designated "Filing Fees", "Motion Fees", "Stipulation Fees", etc.

Presiding Judge Charles W. McCoy, Jr. and Clerk of the Court John A Clarke have refused to disclose the ultimate designation of such funds.

Misuse of "Journal Entry" is considered in accountancy texts as a cardinal sign of high-level financial management fraud.[27]

3. Payments by Los Angeles CountyFor over a decade in the early 2000s, judges of the Los Angeles Superior Court took "not permitted" payments from the County of Los Angeles. During the same period, it became practically impossible to win a case against Los Angeles County in the Los Angeles Superior Court.

In 2009 "retroactive immunities" were signed into law for all such judges (see below).

Retroactive Immunities (Pardons) Accorded to Los Angeles County Judges

On February 20, 2009 then Governor Arnold Schwarzenegger signed SBX 2-11, a bill that accorded all judges of the Superior Court of California, County of Los Angeles County with "retroactive immunities", relative to the taking of "not permitted" payments from Los Angeles County. [28]

The California Constitution prohibits the enactment of retroactive laws.

Report of the Human Rights Council of the United Nations as Part of the 2010 UPR of Human Rights in the US

In April 2010 Human Rights Alert (NGO)submitted a report to the Human Rights Council (HRC) of the United Nations, as part of the first ever Universal Periodic Review (UPR) of Human Rights in the United States. The Human Rights Alert report was later incorporated into the official HRC Staff Report, with reference to "Corruption of the courts and the legal profession and discrimination by law enforcement in California."[29]

The report focused on evidence of corruption of the Superior Court of California, County of Los Angeles and the ongoing false imprisonment of thousands of victims of the Rampart corruption scandal (1998-2000) - the Rampart-FIPs (Falsely Imprisoned Persons).[30]

The Blue Ribbon Review Panel Report (2006) recorded the judges of the Superior Court opposing the release of the Rampart-FIPs, since it would cause "collapse of the justice system".

The other focus of the report was on housing and financial institution fraud under the guise of litigations at the Superior Court.

Refusal of US Department of Justice to Take Action

Throughout the Rampart scandal, the US Department of Justice refused to take action, and left the investigation, prosecution, and adjudication of the matter in the hands of the justice system of Los Angeles County. As a result, the victims - thousands of Rampart-FIPs (Falsely Imprisoned Persons) - remained imprisoned. The victims are almost exclusively black and Latinos.

See additional details under Jacqueline A. Connor.

In 2008 Dr Joseph Zernik [31] filed requests for Equal Protection of the 10 million residents of Los Angeles County, California, against alleged racketeering by the Superior Court judges with FBI Director and US Attorney General. The US Department of Justice refused to take action in the matter even after Congressional Inquiries by California Senator Dianne Feinstein and California Congresswoman Diane Watson. [32]

External links

Website of the Superior Court of Los Angeles County

List of Superior Court judges

Los Angeles County Bar Association judicial candidate ratings

References

California Trial Courts Roster

Wikipedia "Los Angeles County, California"

Human Rights Alert (NGO)"Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UN UPR Staff Report" April 19, 2010

'Human Rights Alert (NGO)' "Complaint Filed with US Attorney Office against California Judge Jacqueline Connor for Public Corruption and Racketeering" August 9, 2010

'Human Rights Alert (NGO)' "Rampart-FIPs (Falsely Imprisoned Persons) - A Review" December 17, 2009

'LAPD Blue Ribbon Review Panel' "Rampart Reconsidered" July 15, 2006

PBS Frontline: LAPD Blues "Rampart First Trial: Rampart False Imprisonments " July 15, 2006

Metropolitan News-Enterprise "JUDICIAL ELECTION: Los Angeles Superior Court Office No. 73", March 15, 2010

Metropolitan News-Enterprise "JUDICIAL ELECTIONS: Los Angeles Superior Court Office No. 107", March 22, 2010

Metropolitan News-Enterprise "JUDICIAL ELECTION: Los Angeles Superior Court Office No. 117", March 24, 2010

Metropolitan News-Enterprise "Four More Superior Court Candidates Receive �Qualified� Ratings", May 4, 2010

L.A. Times "Endorsements for L.A. County Superior Court," April 23, 2010

Human Rights Alert (NGO) "Human Rights Alert Complaint filed with US Attorney Office Los Angeles Re: Large Scale False Imprisonments in Los Angeles County " April 23, 2010

Human Rights Alert (NGO) "Author's Biography" Joseph Zernik, PhD"

LAPD Blue Ribbon Review Panel "Rampart Reconsidered" 2006

Prof David Burcham, Dean, Loyola Law School, LA "Policing the Justice System" 2001

Prof Erwin Chemerinsky, Dean, Irvine Law School "The Criminal Justice System of Los Angeles County" 2001

Human Rights Alert (NGO)Joseph Zernik, PhD - Biography" January 6, 2011

Prof Eliyahu Shamir "Opinion Letter re: Sustain - the Case Management System of the Superior Court of California, County of Los Angeles" April 20, 2009

Human Rights Alert "Complaint filed with US Attorney Office against Judge John Segal,Clerk John Clarke, Attorney David Pasternak,Los Angeles Superior Court" July 19, 2010

Human Rights Alert (NGO), "Richard Isaac Fine - A Review" December 17, 2009

Human Rights Alert (NGO), "Marina v LA County (BS109420) Complaint Filed with US Attorney Office, Los Angeles, against Judge David Yaffe and Sheriff Lee Baca - for Public Corruption and Deprivation of Rights in Imprisonment of Richard Fine" July 8, 2010

Human Rights Alert (NGO), "Richard Isaac Fine - A Review" December 17, 2009

Human Rights Alert (NGO), "Complaint filed with US Attorney Office, Central District of California against Justice James A. Richman, Presiding Judge Charles McCoy, Clerk John A. Clarke" July 15, 2010

Human Rights Alert (NGO), "RE: Karimi v Mithawaila (BD518503) - Complaint against Attorney David Pasternak and the Superior Court of California, County of Los Angeles, for public corruption and racketeering in pretense receiverships at the Court." August 13, 2010

Insight Magazine"LA Superior Court Judges 'Slush' Fund.Is Justice for Sale in L.A.? " April 11, 1999

Human Rights Alert (NGO) "High level financial management fraud at the Los Angeles Superior Court, Sheriff's Department - A call for action by US law enforcement" October 13, 2010

California Senate"Sbx2-11" February 14, 2009

United Nations Human Rights Council "Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR Staff report" April 19, 2010

PBS Frontline- LAPD Blues "Rampart First Trial: Rampart False Imprisonments " Broadcast: 2001,Updated May 1, 2009

Human Rights Alert (NGO)"Joseph Zernik, PhD, Biography" January 6, 2011

Human Rights Alert (NGO)"Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UN UPR Staff Report" April 19, 2010

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