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Disqualifying Calif. State Judges

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  • jai mann
    ... Yes. California Civil Procedure 170.1(a)(6)(A)(iii). I recommend every one look up the disqualification procedures, even if you aren t in California, as it
    Message 1 of 6 , Jun 8, 2013
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      >It might be informative for the list to hear about them.  So, did you use the process at >CCP 170?

      Yes. California Civil Procedure 170.1(a)(6)(A)(iii). I recommend every one look up the disqualification procedures, even if you aren't in California, as it can give you an idea of what to look for in your own codes:
      http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=170-170.9

      >It would be interesting how a final arraignment was concluded and put into the record?

      They never got past the alleged
      arraignment. I tied them up by pointing out procedural deficiencies which I reminded the Judge must be addressed before an alleged defendant had to provide a plea, and before the court could attempt to enter a plea for them. I have seen
      evidence of some people who "refuse" to enter a plea and the court simply enters one for them. They clearly haven't read the statutory procedures for arraignment or they would be doing more than refusing to enter a plea. As you point out, criminal/penal procedural codes have many places to trip up these unlawful actors. Really, it behooves every one to examine such procedures, as not every thing applies to each individual, and only one who familiarizes themselves with such code can apply it in their defense of liberty.

      >NONE??!!  They found one for me!  And out of over 40 oaths I've collected,I know at least >ONE was correct!

      Well those with the appropriate oath are like fabled dragons. I believe you. Again, this issue is one I will try to push further next time. I have one win under my belt and should I be forced to deal with similar problems in the future, I have my foundation in place to work from.

      >They've
      disqualified themselves whenever I've said they are disqualified and I prove it.  I've >never had them go ahead with the CCP170 procedure.

      Excerpts from the transcript on this issue:

      Me: OKAY . WELL, ! HAVE GOT ONE OTHER CONCERN THAT HAS COME UP IN THAT TIME.
      THE COURT : OKAY.
      ME: AND THE CONCERN IS THAT I HAVE A COPY OF YOUR OATH OF OFFICE AND IT DOES NOT CONFORM TO THE OATH OF OFFICE THAT IS IN THE LEGISLATED - - LEGISLATURE'S ISSUE OF THE CONSTITUTION --
      9 THE COURT : OKAY .
      ME: -- WHICH THE SECRETARY OF STATE ' S OFFICE SENT ME, AND HAS THE OATH IN IT, AND THEY ARE TWO DIFFERENT OATHS . AND THIS IS THE OATH THAT IS SUPPOSED TO BE TAKEN BY EVERYBODY BEFORE THEY TAKE OFFICE, THE ARTICLE 20, SECTION 3 OATH . AND AS ! SAY, THE OATH THAT I HAVE HERE DOES NOT CONFORM TO THAT. SO THAT ' S
      THE COURT : I DON' T THINK IT WOULD DISQUALIFY THE COURT EITHER.
      I DON ' T - -
      ME: MAYBE NOT THE COURT, BUT I AM CONCERNED
      ABOUT WHETHER OR NOT YOUR OFFICE IS CONSIDERED VACANT --
      THE COURT : NO .
      MR. BIKLE: -- DUE TO -- WELL, THIS DOESN'T MATCH AND THE PENAL -- THE GOVERNMENT CODE 1010 I BELIEVE IT IS STATES THAT THE OFFICE IS VACANT IF THE INDIVIDUAL EITHER REFUSES OR NEGLECTS TO FILE THE ARTICLE 20 SECTION 3 OATH OF OFFICE.
      THE COURT : OKAY.
      WELL , SIR, HERE'S WHAT I WANT TO TELL YOU . IF YOU FIND -- IF YOU WANT TO CHALLENGE THE OATH OF OFFICE OF THE COURT, THAT ' S FINE, BUT YOU CAN DO IT AFTER AS PART OF ANY PROCEEDING YOU WANT TO HOLD AFTER THIS MATTER IS HEARD .
      ME: WELL, IT'S NOT THE COURT'S OATH OF OFFICE. THIS IS YOUR OATH Of OFFICE THAT i AM CALLING  INTO QUESTION. AND ANY PROCEEDINGS FOLLOWING THEREAFTER WOULD BE IN QUESTION.
      THE COURT: THAT'S I AM TELLING YOU. IF I AM IN FACT -- IF MY OFFICE IS VACANT, WHICH I WOULD JUST SAY THAT I DON'T BELIEVE THAT THAT' S A PROBLEM. BUT LET'S JUST SAY THAT IT iS CORRECT AND YOU TOOK IT UP ON APPEAL AND
      YOU SAID THIS JUDGE HAD NO JURISDICTION TO DECIDE ANYTHING IN MYCASE, THEN AT THAT TIME YOU WOULD PRESENT YOUR INFORMATION AND YOUR AUTHORITY TO ANY POWERS THAT BE TO PROVE THAT I DIDN' T HAVE JURISDICTION OVER THIS CASE .
      ME : WELL, SEE, AGAIN THIS GETS BACK TO THE ISSUE OF WHETHER OR NOT THE OFFICE OF JUDGE IS EVEN OCCUPIED BY YOU. IF I WAS TO STATE SOMETHING LIKE THAT, THEN I WOULD BE IGNORING THE FACT THAT THIS OATH DOES NOT CONFORM TO THE OATH REQUIRED TO TAKE THE OFFICE.
      THE COURT : WELL , SIR, WHAT I AM SAYING IS THAT WE NEED TO GO FORWARD WITH YOUR CASE AND YOU NEED TO TELL ME WHAT YOU WANT TO DO WITH YOUR CASE. ANY OTHER PROCEEDINGS, YOU HAVE TEN DAYS I THlNK
      FROM THE THME, WITH REGARD TO THE DISQUALIFICATION THAT A REVIEW
      ME: I WOULD LIKE ANOTHER JUDGE TO - -
      THE COURT: THAT A REVIEW ONLY BY WRIT OF MANDATE SOUGHT 8Y TEN DAYS OF NOTICE THROUGH THE PARTY'S DECISION. AND IN THE EVENT THAT A TIMELY WRIT IS SOUGHT AND AN APPELLATE
      COURT DETERMINES THAT AN ANSWER SHOULD BE TIMELY FILED, SUCH ANSWER IS FILED HEREWITH. SO WHAT DID YOU -- i DON ' T KNOW WHAT YOU WANT TO DO.
      ME: WELL, WHAT l WANT TO DO IS HAVE ANOTHER JUDGE THAT ME AND THE PLAINTIFF AGREE UPON PER 170.3 EXAMINE THIS. I CAN'T PROCEED IF THE OFFICE IS VACANT .
      THE COURT: SIR, WE HAVE TO PROCEED. I HAVE ALREADY STRICKEN THE DISQUALIFICATION AND THAT'S THE ORDER OF THE COURT .
      ME : THAT'S SEPARATE. AND I AGREE, YOU KNOW, YOU HAVE DONE THAT AND THIS IS A SEPARATE ISSUE.
      THE COURT : WELL, IT IS NOTHING IN WRITING AND I AM DENYING THAT ORALLY . IF YOU ARE MAKING A MOTION ORALLY TO RECUSE ME BECAUSE YOU BELIEVE MY OATH -- MY OFFICE IS VACANT , THEN I AM GOING TO DENY THAT AT THIS TIME.
      ME: I CAN'T RECUSE YOU, NOT -- IF THE OFFICE IS VACANT, THEN THERE IS NOTHING TO BE RECUSED.
      THE COURT: OKAY. IF YOU ARE SAYING THAT THE COURT DOESN'T HAVE JURISDICTION BECAUSE THE OFFICE lS VACANT, THEN I AM TELLING YOU THAT
      I AM GOING TO PROCEED ON THIS CASE .
      ME: OKAY. AND I OBJECT .
      THE COURT : OKAY . YOU OBJECT . WHAT DO YOU WANT TO DO IN TERMS OF FILING THE DATE FOR THE TRIAL DO YOU WANT TO SET IT FOR TRIAL?


      That's the extent of my arguments on oath disqualifications. I know I could have done better but it was my second appearance and I didn't quite have my nerves as well under control as on the 3rd and 4th appearances.

      Given that she said she was going to proceed any way do you have a recommendation for how I should have responded rather than giving a vague objection?
    • Mike
      Thank you jai for sharing your experiences. Reading your response has provided me with some ideas for what to research and some very nice information about the
      Message 2 of 6 , Jun 9, 2013
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        Thank you jai for sharing your experiences. Reading your response has provided me with some ideas for what to research and some very nice information about the process for disqualification.

        In particular I found: "Deciding Recusal Motions: Who Judges the Judges?" by Leslie W. Abramson @:
        http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1944&context=vulr

        "Judicial Disqualification: An Analysis of Federal Law", Second Edition, Federal Judicial Center, 2010 @ http://www.fjc.gov/public/pdf.nsf/lookup/judicialdq.pdf/$file/judicialdq.pdf

        and "Judicial Disqualification: What Next for Connecticut?" by Thomas J. Donlon, The Connecticut Lawyer, 2009/2010 @ http://www.rc.com/documents/what%20next%20for%20CT.pdf

        I am curious frog farmer if you will share how do you accomplish your method:

        >They've disqualified themselves whenever I've said they are disqualified and I prove it.  I've never had them go ahead with the CCP170 procedure. (emphases mine)

        To accomplish my purposes of preserving a Record for Appeal, I decided to write a FOIA Request for:

        1.) Oath of Office;
        2.) the record of his election pursuant to statute;
        3.) Record of Commission to qualify for office pursuant to statute;
        4.) Record of Voter Registration "Elective Franchise" (I located a statute: "Justices and judges not permitted to practice law or seek or hold elective or other office." Cross-reference: The National Voter Registration Act of 1993, P.L. 103-31 "TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 20 - ELECTIVE FRANCHISE SUBCHAPTER I-H - NATIONAL VOTER REGISTRATION” (emphases added);
        5.) Any/all records of shareholdings of the judge's, or his assigns (retirement benefits), in the public corporation of the city he is representing;
        6.) Any/all records of shareholdings of the judge's, or his assigns (retirement benefits), in the public corporation of the Department of Motor Vehicles.

        The first three requests would qualify the judge, the following three may disqualify him. The last two may disqualify him under JUDICIAL DISQUALIFICATION UNDER CANON 3 (1) OF THE CODE OF JUDICIAL CONDUCT 10 (2d ed. 1992).

        Given the foregoing information from the FOIA Request Nos. 4-6 I expect a judge to disqualify himself, however as the articles above indicate, it is a matter of his own "judicial discretion" on the issues raised in a motion for disqualification.

        Michael


         
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        From: jai mann <jai_mann@...>
        To: frogfrmr@...

      • originalfrogfrmr
        ... bad behavior starts the clock to file paper] AND I AM DENYING THAT ORALLY . ... cannot rule upon his own disqualification!!] ... [Same reason you cannot
        Message 3 of 6 , Jun 9, 2013
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          > Excerpts from the transcript on this issue:
          >
          > THE COURT: SIR, WE HAVE TO PROCEED. I HAVE ALREADY STRICKEN THE
          > DISQUALIFICATION AND THAT'S THE ORDER OF THE COURT .
          > ME : THAT'S SEPARATE. AND I AGREE, YOU KNOW, YOU HAVE DONE THAT AND THIS
          > IS A SEPARATE ISSUE.
          > THE COURT : WELL, IT IS NOTHING IN WRITING [read below to see that this
          bad behavior starts the clock to file paper] AND I AM DENYING THAT
          ORALLY .
          > IF YOU ARE MAKING A MOTION ORALLY TO RECUSE ME BECAUSE YOU BELIEVE MY OATH
          > -- MY OFFICE IS VACANT , THEN I AM GOING TO DENY THAT AT THIS TIME.[he
          cannot rule upon his own disqualification!!]
          > ME: I CAN'T RECUSE YOU, NOT -- IF THE OFFICE IS VACANT, THEN THERE IS
          > NOTHING TO BE RECUSED.

          [Same reason you cannot impeach Barry Soetoro!]

          > THE COURT: OKAY. IF YOU ARE SAYING THAT THE COURT DOESN'T HAVE
          > JURISDICTION BECAUSE THE OFFICE lS VACANT, THEN I AM TELLING YOU THAT
          > I AM GOING TO PROCEED ON THIS CASE .
          > ME: OKAY. AND I OBJECT .
          > THE COURT : OKAY . YOU OBJECT . WHAT DO YOU WANT TO DO IN TERMS OF FILING
          > THE DATE FOR THE TRIAL DO YOU WANT TO SET IT FOR TRIAL?
          >
          >
          > That's the extent of my arguments on oath disqualifications. I know I
          > could have done better but it was my second appearance and I didn't quite
          > have my nerves as well under control as on the 3rd and 4th appearances.
          >
          > Given that she said she was going to proceed any way do you have a
          > recommendation for how I should have responded rather than giving a vague
          > objection?

          Mr. Impersonator, you are attempting to snow me by ignoring section 170.3
          (c) (5), which plainly says that you are not permitted to pass upon this
          yourself. It is not your own illegal order that is to be appealed by writ
          of mandate, but the appeal mentioned pertains to the decision of the
          impartial judge we agree upon or who is named by the state supreme court.
          Please take a few moments to familarize yourself with the law and decide
          to conform with ALL parts of it, even those you apparently disagree with!

          170.3. (a) (1) If a judge determines himself or herself to be
          disqualified, the judge shall notify the presiding judge of the court of
          his or her recusal and shall not further participate in the proceeding,
          except as provided in Section 170.4, unless his or her disqualification is
          waived by the parties as provided in subdivision (b).


          (2) If the judge disqualifying himself or herself is the only judge or the
          presiding judge of the court, the notification shall be sent to the person
          having authority to assign another judge to replace the disqualified
          judge.


          (b) (1) A judge who determines himself or herself to be disqualified after
          disclosing the basis for his or her disqualification on the record may ask
          the parties and their attorneys whether they wish to waive the
          disqualification, except where the basis for disqualification is as
          provided in paragraph (2). A waiver of disqualification shall recite the
          basis for the disqualification, and is effective only when signed by all
          parties and their attorneys and filed in the record.


          (2) There shall be no waiver of disqualification if the basis therefor is
          either of the following:


          (A) The judge has a personal bias or prejudice concerning a party.


          (B) The judge served as an attorney in the matter in controversy, or the
          judge has been a material witness concerning that matter.


          (3) The judge shall not seek to induce a waiver and shall avoid any effort
          to discover which lawyers or parties favored or opposed a waiver of
          disqualification.


          (4) If grounds for disqualification are first learned of or arise after
          the judge has made one or more rulings in a proceeding, but before the
          judge has completed judicial action in a proceeding, the judge shall,
          unless the disqualification be waived, disqualify himself or herself, but
          in the absence of good cause the rulings he or she has made up to that
          time shall not be set aside by the judge who replaces the disqualified
          judge.

          >>>>>>>>>>>>>>>>>>>>>>>
          (c) (1) If a judge who should disqualify himself or herself refuses or
          fails to do so, any party may file with the clerk a written verified
          statement objecting to the hearing or trial before the judge and setting
          forth the facts constituting the grounds for disqualification of the
          judge. The statement shall be presented at the earliest practicable
          opportunity after discovery of the facts constituting the ground for
          disqualification. Copies of the statement shall be served on each party or
          his or her attorney who has appeared and shall be personally served on the
          judge alleged to be disqualified, or on his or her clerk, provided that
          the judge is present in the courthouse or in chambers.


          (2) Without conceding his or her disqualification, a judge whose
          impartiality has been challenged by the filing of a written statement may
          request any other judge agreed upon by the parties to sit and act in his
          or her place.


          (3) Within 10 days after the filing or service, whichever is later, the
          judge may file a consent to disqualification in which case the judge shall
          notify the presiding judge or the person authorized to appoint a
          replacement of his or her recusal as provided in subdivision (a), or the
          judge may file a written verified answer admitting or denying any or all
          of the allegations contained in the party’s statement and setting forth
          any additional facts material or relevant to the question of
          disqualification. The clerk shall forthwith transmit a copy of the judge’s
          answer to each party or his or her attorney who has appeared in the
          action.


          (4) A judge who fails to file a consent or answer within the time allowed
          shall be deemed to have consented to his or her disqualification and the
          clerk shall notify the presiding judge or person authorized to appoint a
          replacement of the recusal as provided in subdivision (a).

          >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
          (5) A judge who refuses to recuse himself or herself shall not pass upon
          his or her own disqualification or upon the sufficiency in law, fact, or
          otherwise, of the statement of disqualification filed by a party. In that
          case, the question of disqualification shall be heard and determined by
          another judge agreed upon by all the parties who have appeared or, in the
          event they are unable to agree within five days of notification of the
          judge’s answer, by a judge selected by the chairperson of the Judicial
          Council, or if the chairperson is unable to act, the vice chairperson. The
          clerk shall notify the executive officer of the Judicial Council of the
          need for a selection. The selection shall be made as expeditiously as
          possible. No challenge pursuant to this subdivision or Section 170.6 may
          be made against the judge selected to decide the question of
          disqualification.


          (6) The judge deciding the question of disqualification may decide the
          question on the basis of the statement of disqualification and answer and
          any written arguments as the judge requests, or the judge may set the
          matter for hearing as promptly as practicable. If a hearing is ordered,
          the judge shall permit the parties and the judge alleged to be
          disqualified to argue the question of disqualification and shall for good
          cause shown hear evidence on any disputed issue of fact. If the judge
          deciding the question of disqualification determines that the judge is
          disqualified, the judge hearing the question shall notify the presiding
          judge or the person having authority to appoint a replacement of the
          disqualified judge as provided in subdivision (a).

          >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
          (d) The determination of the question of the disqualification of a judge
          is not an appealable order and may be reviewed only by a writ of mandate
          from the appropriate court of appeal sought only by the parties to the
          proceeding. The petition for the writ shall be filed and served within 10
          days after service of written notice of entry of the court’s order
          determining the question of disqualification. If the notice of entry is
          served by mail, that time shall be extended as provided in subdivision (a)
          of Section 1013.


          (Amended by Stats. 2006, Ch. 567, Sec. 4. Effective January 1, 2007.)

          Maybe it's time to always take an 8th grade English teacher as an expert
          witness whenever we go tangle with these crooked fools!

          Regards,

          FF
        • originalfrogfrmr
          ... The first time I disqualified a judge I did some research on him and discovered that according to the local newspaper, he hated Volkswagen drivers.
          Message 4 of 6 , Jun 9, 2013
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            > I am curious frog farmer if you will share how do you accomplish your
            > method:
            >
            >>They've disqualified themselves whenever I've said they are disqualified
            >> and I
            > prove it.  I've never had them go ahead with the CCP170 procedure.
            > (emphases mine)
            >

            The first time I disqualified a judge I did some research on him and
            discovered that according to the local newspaper, he "hated" Volkswagen
            drivers. Guess what I drove? When they called my name I rose to speak,
            saying I disqualified him, and I held up a copy of the newspaper. He
            immediately recused himself.

            The next time it came up I let word leak out about my disqualification
            "strategery", and that's when they flew in the judge from Pasadena who had
            the right oath. He's also the guy who colluded with the DA over lunch to
            alter the ticket illegally (a felony), which story I've already told here.

            Next time it came up was when the three cops were sent here to prevent
            domestic violence. I disqualified them all verbally and none objected and
            they went away.

            Next was a CHP woman who stopped to look at my place and tell me, "this
            can't be right!" and threatened to return with a building inspector. I
            told her, "make sure you both have your oaths and bonds in order as I'll
            be disqualifying you both if they are not. You could speed things up a
            bit by bringing the proofs with you." They never returned.

            Our local law study group chipped in to get certiifed copies of all the
            oaths of all the judges in this county. One or two oaths conformed, most
            did not, and few matched others.

            My current plan is to demand an immediate appearance (versus the one with
            necessary delay) before the magistrate on duty per Penal code section 810.
            There would be the first violation of my rights, as they don't usually
            have anyone complying with that requirement. At that meeting, with
            arresting perp in tow, I would demand that the formal verified complaint
            be laid according to law (most people waive this and accept a ticket,
            which is a waiver and permits a lower standard of due process called the
            "infraction process"). There won't be one, so whatever they attempt to do
            next besides wishing us all a nice day and agreeing to give me a ride home
            will prompt me to disqualify them on account of their missing oaths and
            bonds. I've never gotten to this point yet; they will not arrest me!

            I'd have to say that 90% of them enjoy our fun, and only a few suffer,
            like the sargeant who had to flee to Florida rather than answer to
            questioning on the stand. I had him served a subpoena in front of his
            neighbors, and the server mentioned child abuse out loud...

            Regards,

            FF
          • jai mann
            ... I didn t have that part memorized at the time but I knew it and had read it. I filed the verified objection (CCP 170.3(c)(1)) against the judge hearing any
            Message 5 of 6 , Jun 10, 2013
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              >Mr. Impersonator, you are attempting to snow me by ignoring section 170.3(c) (5), which >plainly says that you are not permitted to pass upon this yourself.  It is not your own >illegal order that is to be appealed by writ of mandate, but the appeal mentioned pertains >to the decision of the impartial judge we agree upon or who is named by the state >supreme court. Please take a few moments to familarize yourself with the law and decide >to conform with ALL parts of it, even those you apparently disagree with!

              I didn't have that part memorized at the time but I knew it and had read it. I filed the verified objection (CCP 170.3(c)(1)) against the judge hearing any matters but it was with regards to a later Disqualification I laid forth. That witch still ignored the filing, and the clerk didn't do her job after getting the Ver. Obj. I almost forgot to add that clerk in to my federal suit. Thanks for reminding me :). When you have around 20 players who have committed violations of the law, the details do get overwhelming. Hopefully others are learning something from this too.

              >>>>>>>>>>>>>>>>>>>>>>>
              >(c) (1) If a judge who should disqualify himself or herself refuses or fails to do so, any >party may file with the clerk a written verified statement objecting to the hearing or trial >before the judge and setting forth the facts constituting the grounds for disqualification of >the judge. The statement shall be presented at the earliest practicable opportunity after >discovery of the facts constituting the ground for disqualification. Copies of the statement >shall be served on each party or his or her attorney who has
              appeared and shall be >personally served on the judge alleged to be disqualified, or on his or her clerk, provided >that the judge is present in the courthouse or in chambers.


              >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
              (5) A judge who refuses to recuse himself or herself shall not pass upon
              his or her own disqualification or upon the sufficiency in law, fact, or
              otherwise, of the statement of disqualification filed by a party. In that
              case, the question of disqualification shall be heard and determined by
              another judge agreed upon by all the parties who have appeared or, in the
              event they are unable to agree within five days of notification of the
              judge’s answer, by a judge selected by the chairperson of the Judicial
              Council, or if the chairperson is unable to act, the vice chairperson. The
              clerk shall notify the executive officer of the Judicial Council of the
              need for a selection. The selection shall be made as expeditiously as
              possible. No challenge pursuant to this subdivision or Section 170.6 may
              be made against the judge selected to decide the question of
              disqualification.


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