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Re: [tips_and_tricks] Disqualifying Calif. State Judges

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  • 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 1 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 2 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 3 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 4 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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