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1 2 SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO 3 --- o o o --- 4 In re the Matter of: 5 APRIL BERGER, 6 Petitioner, 7 vs ) ) ) ) ) ) ) ) ) CASE NO. 06FL04415 8 9 10 ROBERT SAUNDERS, DEPARTMENT 121 Respondent. ) { I 1 _ t · , . < ··· · ;' \ , :. )iw 1 :: Lr 11 REPORTER'S TRANSCRIPT OF PROCEEDINGS 12 BEFORE THE HONORABLE THOMAS M. CECIL, JUDGE THEREOF. 13 MAY 8, 2009 14 --- o o o --- 15 16 17 For the Petitioner: APPEARANCES 18 LAW OFFICE OF RICHARD J. SOKOL 7801 Folsom Boulevard., #106 19 Sacramento, California 95826 BY: Richard J. Sokol 20 21 For the Respondent: 22 ROBERT SAUNDERS, In Propria Persona 23 24 --- o o o ---

Judge Thomas Cecil Systemic Lawbreaking Admission: Whistleblower Leaked Court Reporter Transcript Family Code Case Management Law Illegally Used in Sacramento Superior Court by Part-Time

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Whistleblower leak: Serial misuse of Family Code case management law by judge pro tem lawyers against indigent, self-represented litigants. Judge Thomas Cecil admission on court reporter transcript.From Sacramento Family Court News:"As many of the articles on our main page reflect, Sacramento Superior Court whistleblowers and watchdogs contend that a "cartel" of local family law attorneys receive kickbacks and other forms of preferential treatment from family court judges, administrators and employees. The lawyers receive an assortment of illegal kickbacks because they are members of the Sacramento County Bar Association Family Law Section, work as part-time judges, and run the family court settlement conference program on behalf of the court. The kickbacks usually consist of "rubber-stamped" court orders which are contrary to established law, and cannot be attributed to the exercise of judicial discretion. Most of the illegal orders are issued against indigent, or financially disadvantaged "pro per" parties without an attorney. Many of the pro pers also are disabled." To continue reading, visit this URL: http://sacramentocountyfamilycourtnews.blogspot.com/p/temporary-judges.html

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Page 1: Judge Thomas Cecil Systemic Lawbreaking Admission: Whistleblower Leaked Court Reporter Transcript Family Code Case Management Law Illegally Used in Sacramento Superior Court by Part-Time

1

2

SUPERIOR COURT OF CALIFORNIA

IN AND FOR THE COUNTY OF SACRAMENTO

3 ---ooo---

4 In re the Matter of:

5 APRIL BERGER,

6 Petitioner,

7 vs

) ) ) ) ) ) ) ) )

CASE NO. 06FL04415

8

9

10

ROBERT SAUNDERS, DEPARTMENT 121

Respondent.

____________________________ ) { I 1 _ t � ·::.,..; �

, .< ···· ;'\ � ,:....)iw 1 \:._ ::!J Lr

11 REPORTER'S TRANSCRIPT OF PROCEEDINGS

12 BEFORE THE HONORABLE THOMAS M. CECIL, JUDGE THEREOF.

13 MAY 8, 2009

14 ---ooo---

15

16

17 For the Petitioner:

APPEARANCES

18 LAW OFFICE OF RICHARD J. SOKOL 7801 Folsom Boulevard., #106

19 Sacramento, California 95826 BY: Richard J. Sokol

20

21 For the Respondent:

22 ROBERT SAUNDERS, In Propria Persona

23

24 ---ooo---

Pat
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Page 2: Judge Thomas Cecil Systemic Lawbreaking Admission: Whistleblower Leaked Court Reporter Transcript Family Code Case Management Law Illegally Used in Sacramento Superior Court by Part-Time

1

2

3

4

5

6

7

that , the

THE COURT :

MR . SOKOL :

f i l i ng .

THE COURT :

MR . SOKOL :

THE COURT :

MR . SOKOL :

Okay .

I don ' t know i f t he Court h a s read

His f i l ing?

His f i l ing for

Have I read his f i l ing?

H i s f i l ing for - - h i s f i l ing f o r

8 the - - a s I s a i d in my - - be fore I even s ta rted t oda y , h i s

9 f i l ing f o r that cont i nued hea r i ng i s t o obj ect t o the o rder

1 0 that h a s been made s ever a l t imes for p s ychol o g i c a l

1 1 evalua t i on on the g rounds that p s ychi a t r y i s a f raud .

1 2

1 3

THE COURT : I ' m s o r ry - -

MR . SOKOL : I woul d l i ke u s - - my c l i ent not to

1 4 have t o go t o another hearing . I a s k that a c a s e management

1 5 be put s o that h e doe s n ' t do another f i l i ng wit hout

1 6 agreement o f the Court , and i t ' s j us t out o f cont r o l , Your

1 7 Hono r .

1 8

1 9

2 0

THE COURT : Okay , two things .

MR . SOKOL : Y e s .

THE COURT : Number one , h i s - - I wa s t rying t o

2 1 make a point , and my p o i nt rea l l y i s not s ome t h i ng that i s

2 2 cont r a r y t o your c l i ent ' s intere s t . The point that I was

2 3 going t o ma ke i s i f he had an att orney who wa s advi s i ng him

2 4 st i l l , he o r she woul d undoubtedl y be t e l l ing M r . Saunde rs

2 5 that t h i s part i cu l a r path that he i s t a king i s p roba b l y not

2 6 a path that i s des t ined to r e s u l t i n p o s i t i ve even t s

2 7 occu r r i ng w i t h rega rd t o p arent ing , t ime with h i s kids , et

2 8 cete r a . My gratuitou s c omment . Number two , h i s mot i on

SACRAMENTO O F F I C I AL COURT REPORTERS -------- 1 0 4

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Page 3: Judge Thomas Cecil Systemic Lawbreaking Admission: Whistleblower Leaked Court Reporter Transcript Family Code Case Management Law Illegally Used in Sacramento Superior Court by Part-Time

1 i sn ' t i n front o f me , s o I can ' t get r i d o f i t . Number

2

3

three , unde r t he Fami l y Code I cannot order c a s e management

against t he part i e s ' j o int w i sh e s , and that i s the s t atute ,

4 de spite the cul tu re o f S a cramento County Sup e r i o r Court and

5 fami l y l aw . Number whatever I ' m on , three o r four , what you

6 probabl y should be do ing on May 1 8 t h i s sugge s t i ng t o

7 whoeve r i s h e a r ing t h i s case that a f i nding be made that

8 Mr . S aunde r s i s a vexat ious l i t i gant because that i s the

9 prop e r cour s e o f a c t i on , i f there i s a course o f act i on .

1 0 But we cannot force c a s e management on part i e s . And a l l o f

1 1 us i n t h i s b u i lding hope f u ll y n ow unde r s t and that that i s

1 2 the law . Pa rdon me , it ' s a lways been t h e l aw , but now

1 3 unde r s t and that t hat i s the way we are proceeding . The l a s t

1 4 thing that I did be fore I l e ft i n December was t a ke every

1 5

1 6

case that I have unde r c a s e management , undo t hem a l l ,

unl e s s the peop l e had both cons ented , and I t h i n k every

1 7 other j udge o n the bench has done the s ame thing because we

1 8 don ' t h ave t he power t o do t h i s uni l a t e ra l l y .

1 9 I am not - - I want t o ma ke i t c l e a r , I ' m not un s ympathe t i c

2 0 t o your c l i ent ' s p o s i t i on b a s ed on what I ' ve h e a rd , but that

2 1 i s a di f ferent i s sue than the i s sue that i s being t r i ed in

2 2 front o f me , and that i s her - - I mean , s he i s ba s i c a l l y

2 3 t e s t i fying that i n June o f ' 0 6 , over two and a ha l f years

2 4 ago , a lmo s t three yea r s ago , t h i s event transpi red which

2 5 resulted in her evi cting Mr . S aunder s and s t a rt i ng t h rough

2 6 thi s three vol ume s et . And up unt i l Octobe r , i f I r e c a l l

2 7 correct l y , never had these a l l egations surfaced, neve r had

2 8 she s ought a DVRO , and only when minor s ' coun s e l get s bumped

SACRAMENTO O F F I C I AL COURT REPORTERS -------- 1 0 5

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Page 4: Judge Thomas Cecil Systemic Lawbreaking Admission: Whistleblower Leaked Court Reporter Transcript Family Code Case Management Law Illegally Used in Sacramento Superior Court by Part-Time

Investigative Reporting, News, Analysis, Opinion & Satire

Sacramento Family Court NewsHOME JUDGE PRO TEMS 3rd DISTRICT COURT of APPEAL RoadDog SATIRE

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ATTORNEY MISCONDUCT DOCUMENT LIBRARY

15 September 2013

Sworn Temporary Judge Divorce Attorneys Richard Sokol and Elaine Van Beveren Engage in Historical Revisionism - Part 1

The Historical Revisionism of Sworn Temporary Judges Richard Sokol and Elaine Van Beveren - Part 1A Special News and Analysis Series by Pelican Briefed

One form of historical revisionism is the “illigitmate distortion of the historical record such that certain events appear in a more or less favorable light,” according to Wikipedia. The distortion of history to deny historical crimes is sometimes called negationism. Historical revisionism is often associated with after-the-fact justifications for, or denial of war crimes, such as the Holocaust and the Armenian Genocide. Some countries have laws making it a crime to disseminate revisionist material, such as Holocaust denial propaganda. Revisionist tactics include deception, denial and trivialization.

A court reporter transcript obtained by Sacramento Family Court News shows that the same tactics have recently been used in Sacramento Family Court by judge pro tem attorneys Richard Sokol and Elaine Van Beveren. Van Beveren currently also is an officer of the Sacramento County Bar Association Family Law Executive Committee. The transcript records Sokol and Van Beveren disseminating subtle and overt falsehoods, deceptions, denials and trivializations about the unlawful 2009 assault and arrest of indigent, disabled litigant and family court watchdog Robert Saunders, in the courtroom of Judge Matthew Gary. Both Sokol and Van Beveren were eyewitnesses to the incident. In April, 2012 SFCN published an in-depth, investigative report on the debacle and subsequent events, including the vindication of Saunders by two outside, independent judges. Click here to read our report.

To continue reading, click Read more >> below...

The vindication, however, implicated both Van Beveren and Sokol for failing to report or otherwise take corrective action for Gary's misconduct. As sworn temporary judges, the two attorneys are bound by Canon 3D(1) of the

Judge Pro Tem Divorce Lawyer Richard Sokol Caught on Transcript Making Demonstrably False Claim About Illegal Arrest of Indigent, Disabled Litigant

JUDICIAL MISCONDUCT (58)

JUDGE PRO TEM (44)

ATTORNEY MISCONDUCT (31)

MATTHEW J. GARY (28)

FLEC (26)

ARTS & CULTURE (21)

PETER J. McBRIEN (20)

SCBA (20)

CHILD CUSTODY (19)

WATCHDOGS (19)

CHARLOTTE KEELEY (18)

EMPLOYEE MISCONDUCT (18)

PRO PERS (18)

ROBERT SAUNDERS (17)

DOCUMENTS (16)

CJP (15)

DIVORCE CORP (13)

JAMES M. MIZE (12)

COLOR OF LAW SERIES (11)

SATIRE (11)

CONFLICT OF INTEREST (10)

JAIME R. ROMAN (10)

LAURIE M. EARL (10)

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Page 5: Judge Thomas Cecil Systemic Lawbreaking Admission: Whistleblower Leaked Court Reporter Transcript Family Code Case Management Law Illegally Used in Sacramento Superior Court by Part-Time

Code of Judicial Ethics - the ethical rules for judges - which requires them to "take or initiate appropriate corrective action" when they know of misconduct by another judge. The rule is a critical, self-policing component of the Code, intended to keep judge misconduct in check. Both Van Beveren and Sokol witnessed Gary's misconduct, and both got away with doing nothing, a violation of Canon 3D(1). Now, four years later, recent proceedings in the case suggest that the judge pro tem attorneys are attempting to cover up their own prior misconduct and discredit the victim of Gary's actions by rewriting the history of the case. Their strategy involves influencing the current judge assigned to the case through the use of false statements and omissions of material facts about the original incident, and other unethical tactics. The case was, and continues to be a definitive example of rampant family court corruption and the cronyism between private sector attorneys who also hold the office of temporary judge and are contracted to run the court's settlement conference program, and full-time Sacramento County Superior Court judges, according to family court reform advocates.

In the first installment of this series, SCBA Family Law Section attorney and judge pro tem Richard Sokol is caught on transcript making the demonstrably false claim that Gary “didn’t have [Saunders] arrested; he had him taken from court.” Sokol’s claim is contradicted by court records, including the arrest report of Gary’s courtroom bailiff and Sacramento County Sheriff’s Department Deputy J. Strong.

“J. Strong #423 was ordered by Judge Matthew J. Gary…to take Robert Saunders into custody for contempt of court. Deputy Strong advised [Saunders] that he was under arrest,” reads the police report.

The court reporter transcript with Sokol’s falsehood, along with the report of Deputy Strong are posted below. Under state attorney ethics law, including Business & Professions Code section 6106, Sokol’s affirmative misrepresentation is an act of moral turpitude and “constitutes a cause for disbarment or suspension” from the practice of law. Virtually any form of attorney dishonesty or deception, including a half-truth, or the omission of material facts, is the equivalent of an outright lie, according to the State Bar. For other State Bar references defining and prescribing the punishment for Sokol's misleading statement, visit the SFCN Attorney Misconduct page. Click here. Sokol made several additional demonstrably false statements at the same court hearing. Click here to view other articles in this series.

For additional reporting about the people and issues in this post, click the corresponding labels below the document.

J. Richard Sokol Moral Turpitude False Statement in Court - Sokol by Sacramento Family Court News

Richard Sokol of the family law firm Sokol & Bristow LLP was recorded on transcript making a number of demonstrably false statements, including this one, about the 2009 assault and arrest of Robert Saunders by Judge Matthew Gary and courtroom bailiff J. Strong. Judge

Thadd Blizzard has yet to report Sokol's misconduct as required by Canon 3D(2) of the Code of Judicial Ethics.

SHARON A. LUERAS (10)

WHISTLEBLOWERS (10)

WOODRUFF O'HAIR POSNER and SALINGER (10)

CARLSSON CASE (9)

RAPTON-KARRES (9)

CHRISTINA VOLKERS (8)

JESSICA HERNANDEZ (8)

FERRIS CASE (7)

JULIE SETZER (7)

YOUTUBE (7)

3rd DISTRICT COA (6)

CHRISTINA ARCURI (5)

CIVIL RIGHTS (4)

CONTEMPT (4)

FAMILY LAW FACILITATOR (4)

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Shelby Livingston 5 months ago (edited) - Shared publicly

A determination of child support depends on a variety of factors including: the income of each spouse and the amount of time the children spend with each parent. We always need to work to ensure that we receive a fair and accurate result.Adelman Legal Divorce Attorneys - http://adelmanlegal.com/family-law

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Labels: ANALYSIS, ATTORNEY MISCONDUCT, ELAINE VAN BEVEREN, FLEC, JUDGE PRO TEM, MATTHEW J. GARY, NEWS,

REVISIONISM SERIES, RICHARD SOKOL, ROBERT SAUNDERS, SCBA, THADD BLIZZARD

Location: William Ridgeway Family Relations Courthouse 3341 Power Inn Road, Sacramento, CA 95826, USA

1 SUPERIOR COURT O F CALIFORNIA

2 IN AND FOR THE COUNTY OF SACRAME

3 - - - ooo - - -

SHOW ME MORE LIKE DIVORCE ATTORNEY J. RICHARD SOKOL MORAL

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Local & National Family Court-Family Law Sites & Blogs (may be gender-specific)

Page 7: Judge Thomas Cecil Systemic Lawbreaking Admission: Whistleblower Leaked Court Reporter Transcript Family Code Case Management Law Illegally Used in Sacramento Superior Court by Part-Time

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14 January 2014

Judge Thadd Blizzard Misconduct: Court Order Authorizes Unlawful Child Abduction for Judge Pro Tem Attorney Richard Sokol

Tuesday Document Dump

A leaked court reporter transcript obtained by Sacramento Family Court News reveals that Judge Thadd Blizzard last November retroactively endorsed an unlawful out-of-state "move away" and child abduction at the request of local judge pro tem attorney Richard Sokol. The unprecedented ruling went against San Francisco attorney Archibald Cunningham, who the transcript reflects was dumbfounded by the decision.

The bizarre chain-of-events began after Cunningham's client, Robert Saunders, filed paperwork seeking child visitation under an existing temporary custody order. After the visitation paperwork was lodged, Sokol's client, April Berger, abruptly moved to Hawaii with the parents' twin daughters without the permission of the court.

To continue reading, and to view the complete court reporter transcript, click Read more >> below...

Under state law, a parent may not take children and relocate out-of-state without court approval before the move, especially under a temporary custody order. A parent seeking to relocate must by law first seek court approval for the move, and "the noncustodial parent still has standing to oppose the relocation" in court, according to California Practice Guide: Family Law, the gold standard family law legal reference used by judges and attorneys. Without prior court approval, an out-of-state move away is considered criminal child abduction if it maliciously "deprives a person of a right to visitation," according to Penal Code § 278.5(a). The criminal statute also specifies that the retroactive, after-the-fact order issued by Blizzard for Sokol "does not constitute a defense" to the crime.

Judge Thadd Blizzard Approves Illegal Out-of-State Child Relocation for Temporary Judge Attorney Richard Sokol - Opposing Attorney Stunned

San Francisco attorney and social justice advocate Archibald Cunningham was shocked when Judge Thadd Blizzard authorized an illegal child abduction for

Sacramento Superior Court judge pro tem attorney Richard Sokol.

JUDICIAL MISCONDUCT (58)

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ATTORNEY MISCONDUCT (31)

MATTHEW J. GARY (28)

FLEC (26)

ARTS & CULTURE (21)

PETER J. McBRIEN (20)

SCBA (20)

CHILD CUSTODY (19)

WATCHDOGS (19)

CHARLOTTE KEELEY (18)

EMPLOYEE MISCONDUCT (18)

PRO PERS (18)

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Posted by PR Brown at 9:31 AM

Labels: ANALYSIS, ARCHIBALD CUNNINGHAM, ATTORNEY MISCONDUCT, CRIMINAL CONDUCT, ELAINE VAN BEVEREN, JUDICIAL

MISCONDUCT, NEWS EXCLUSIVE, RICHARD SOKOL, ROBERT SAUNDERS, THADD BLIZZARD

Location: Sacramento Superior Court 3341 Power Inn Road, Sacramento, CA 95826, USA William Ridgeway Family Relations

Courthouse

Cunningham's reaction to the outcome was similar to that of Stephen R. Gianelli, another San Francisco attorney who previously was "hometowned" in Sacramento Family Court. Hometowning refers to local judges giving preferential treatment to select, local attorneys. Click here for Gianelli's account of his experience as an "outsider" attorney. Hometowning is considered unethical and is prohibited by the Code of Judicial Ethics, according to retired judge David Rothman, author of the California Judicial Conduct Handbook. Sacramento Family Court reform advocates have documented that judge pro tem attorneys often receive favorable treatment when representing clients in court in exchange for operating the court's settlement conference program. Click here for SFCN coverage of temporary judge controversies.

The transcript, case records, and a second transcript from a related, previous hearing also indicate that Blizzard manipulated the proceedings through intentional misstatements and omissions of material fact in order to achieve the outcome demanded by Sokol, conduct prohibited by the Code of Judicial Ethics. Family court watchdogs assert that the collusion between full-time judges and judge pro tem attorneys deprives the public of the federally protected right to honest government services, a racketeering crime under 18 USC 1346.

The Robert Saunders-April Berger case is one of four Sacramento County Family Court cases included in the documentary film Divorce Corp, now playing in major U.S cities. The movie "exposes the corrupt and collusive industry of family law in the United States," and portrays the Sacramento court system as the most corrupt in the country. For our continuing coverage of the film, click here.

Click to visit Sacramento Family Court News on: Facebook, YouTube, Google+, Scribd, Vimeo, and Twitter. For additional reporting on the people and issues in this post, click the corresponding labels below the document:

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FERRIS CASE (7)

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YOUTUBE (7)

3rd DISTRICT COA (6)

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JUDGE PRO TEM RACKETEERING

Sacramento Family Court News Exclusive Investigative ReportThis investigative report is ongoing and was last updated in April, 2015.

As many of the articles on our main page reflect, Sacramento Family Law Court whistleblowers and watchdogs contend that a "cartel" of local family law attorneys receive kickbacks and other forms of preferential treatment from family court judges, administrators and employees because the lawyers are members of the Sacramento County Bar Association Family Law Section, hold the Office of Temporary Judge, and run the family court settlement conference program on behalf of the court.

The kickbacks usually consist of "rubber-stamped" court orders which are contrary to established law, and cannot be attributed to the exercise of judicial discretion. For a detailed overview of the alleged collusion between judge pro tem attorneys and family court employees and judges, we recommend our special Color of Law series of investigative reports.

The Color of Law series reports catalog some of the preferential treatment provided by family court employees and judges to SCBA Family Law Section judge pro tem lawyers. Click here to view the Color of Law series. For a list of our reports about family court temporary judges and controversies, click here.

The current day Sacramento County Family Court system and attorney operated settlement conference program was set up in 1991 by and for the lawyers of the Sacramento County Bar Association Family Law Section,

Sacramento Superior Court Temporary Judge Program Controversy

Judge Pro Tem Attorney "Cartel" Controls Court Operations, Charge Whistleblowers

Sacramento Family Court reform advocates assert that collusion between judges and local attorneys deprives financially disadvantaged, unrepresented pro per court users of their parental rights, community assets, and due process and access to the court constitutional rights.

JUDICIAL MISCONDUCT (67)

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FLEC (28)

ARTS & CULTURE (23)

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PETER J. McBRIEN (22)

SCBA (22)

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CJP (18)

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DOCUMENTS (16)

DIVORCE CORP (15)

JAMES M. MIZE (15)

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RAPTON-KARRES (11)

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according to the sworn testimony of controversial family court Judge Peter J. McBrien at his 2009 Commission on Judicial Performance disciplinary proceedings. Click here to read Judge McBrien's testimony.

In his own testimony during the same proceedings, local veteran family law attorney and judge pro tem Robert J. O'Hair corroborated McBrien's testimony and attested to McBrien's character and value to Sacramento County Bar Association Family Law Section members. Click here to view this excerpt of O'Hair's testimony. To view O'Hair's complete testimony, click here.

Court watchdogs assert that the settlement conference kickback arrangement between the public court and private sector attorneys constitutes a racketeering enterprise which deprives the public of the federally protected right to honest government services.

Court reform and accountability advocates assert that the local family law bar - through the Family Law Executive Committee or FLEC - continues to control for the financial gain of members virtually all aspects of court operations, and have catalogued documented examples of judge pro tem attorney preferential treatment and bias against unrepresented litigants and "outsider" attorneys, including:

Divorce Corp, a documentary film that "exposes the corrupt and collusive industry of family law in the United States" was released in major U.S. cities on January 10, 2014. After a nationwide search for the most egregious examples of family court corruption, the movie's production team ultimately included four cases from Sacramento County in the film, more than any other jurisdiction. Judge pro tem attorneys Charlotte Keeley, Richard Sokol, Elaine Van Beveren and Dianne Fetzer are each accused of unethical conduct in the problem cases included in the movie. The infamous Carlsson case, featuring judge pro tem attorney Charlotte Keeley and Judge Peter McBrien is the central case profiled in the documentary, with Sacramento County portrayed as the Ground Zero of family court corruption and collusion in the U.S. Click here for our complete coverage of Divorce Corp.

Judge Thadd Blizzard issued a rubber-stamped, kickback order in November, 2013 for judge pro tem attorney Richard Sokol authorizing an illegal out-of-state move away and child abduction by Sokol's client, April Berger. The opposing counsel is an "outsider" attorney from San Francisco who was dumbfounded by the order. Click here for our exclusive report, which includes the complete court reporter transcript from the hearing. Click here for our earlier report on the unethical practice of "hometowning" and the prejudicial treatment of outsider attorneys.

Whistleblower leaked court records indicate that Sacramento Bar Association Family Law Executive Committee officer and judge pro tem attorney Paula Salinger engaged in obstruction of justice crimes against an indigent, unrepresented domestic violence victim. The victim was a witness in a criminal contempt case against a Salinger client. The circumstances surrounding the obstruction of justice incident also infer collusion between Salinger and controversial Judge Matthew J. Gary. For our complete investigative report, click here.

Two "standing orders" still in effect after being issued by Judge Roland Candee in 2006 override a California Rule of Court prohibiting temporary judges from serving in family law cases where one party is self-represented and the other party is represented by an attorney or is an attorney. The orders were renewed by Presiding Judge Laurie M. Earl in February, 2013. Click here for details.

Sacramento Family Court judges ignore state conflict of interest laws requiring them to disclose to opposing parties when a judge pro tem working as a private attorney represents a client in family court. Click here for our exclusive investigative report. Click here for a list of other conflict of interest posts.

Family court policies and procedures, including local court rules, are dictated by the SCBA Family Law Executive Committee for the financial benefit of private sector attorneys, and often disadvantage the 70 percent of court users without lawyers, according to family court watchdogs and whistleblowers. For example, in sworn testimony by Judge Peter McBrien before the Commission on Judicial Performance, McBrien described seeking and obtaining permission from FLEC to change a local rule. Click here and here.

In November, 2012 Sacramento Family Court Judge Jaime R. Roman issued a rubber-stamped, kickback order declaring a family court party a vexatious litigant and ordering him to pay $2,500 to the opposing attorney, both without holding the court hearing required by law. The opposing attorney who requested the orders is Judge Pro Tem Charlotte Keeley. The blatantly illegal orders resulted in both an unnecessary state court appeal and federal litigation, wasting scarce judicial resources and costing taxpayers significant sums. Click here for our exclusive coverage of the case.

Judge Matthew Gary used an unlawful fee waiver hearing to both obstruct an appeal of his own orders and help a client of judge pro tem attorney Paula Salinger avoid paying spousal support. Click here for our investigative report.

An unrepresented, disabled 52-year-old single mother was made homeless by an illegal child support order issued by Judge Matthew Gary for SCBA Family Law Section attorney Tim Zeff, the partner of

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temporary judge Scott Buchanan. The rubber-stamped, kickback child support order, and other proceedings in the case were so outrageous that the pro per is now represented on appeal by a team of attorneys led by legendary trial attorney James Brosnahan of global law firm Morrison & Foerster. For our exclusive, ongoing reports on the case, click here.

Judge pro tem attorneys Richard Sokol and Elaine Van Beveren helped conceal judge misconduct and failed to comply with Canon 3D(1) of the Code of Judicial Ethics when they were eyewitnesses to an unlawful contempt of court and resisting arrest incident in Department 121. Both Sokol and Van Beveren failed to report the misconduct of Judge Matthew Gary as required by state law. Van Beveren is an officer of the SCBA Family Law Executive Committee. Click here for our exclusive report...

...Four years later, Sokol and Van Beveren in open court disseminated demonstrably false and misleading information about the unlawful contempt of court and resisting arrest incident. The apparent objective of the judge pro tem attorneys was to discredit the victim of Gary's misconduct, trivialize the incident, and cover up their own misconduct in failing to report the judge. For our follow-up reports, click here. In 2014, a video of the illegal arrest and assault was leaked by a government whistleblower. Click here for details.

In 2008 controversial family court Judge Peter J. McBrien deprived a family court litigant of a fair trial in a case where the winning party was represented by judge pro tem attorney Charlotte Keeley. In a scathing, published opinion, the 3rd District Court of Appeal reversed in full and ordered a new trial. 6th District Court of Appeal Presiding Justice Conrad Rushing characterized McBrien's conduct in the case as a "judicial reign of terror." McBrien subsequently was disciplined by the Commission on Judicial Performance for multiple acts of misconduct in 2009. Click here to read the court of appeal decision. Click here to read the disciplinary decision issued by the CJP.

Judge pro tem attorneys Camille Hemmer, Robert O'Hair, Jerry Guthrie and Russell Carlson each testified in support of Judge Peter J. McBrien when the controversial judge was facing removal from the bench by the Commission on Judicial Performance in 2009. As a sworn temporary judges aware of McBrien's misconduct, each was required by Canon 3D(1) of the Code of Judicial Ethics to take or initiate appropriate corrective action to address McBrien's misconduct. Instead, each testified as a character witness in support of the judge. In the CJP's final disciplinary decision allowing McBrien to remain on the bench, the CJP referred specifically to the testimony as a mitigating factor that reduced McBrien's punishment. Click here. Court records indicate that Judge McBrien has not disclosed the potential conflict of interest to opposing attorneys and litigants in subsequent appearances by the attorneys in cases before the judge. Click here for SFCN coverage of conflict issues.

Judge pro tem attorneys Terri Newman, Camille Hemmer, Diane Wasznicky and Donna

Reed were involved in a proposed scheme to rig a recall election of controversial Judge Peter J. McBrien in 2008. The plan involved helping McBrien defeat the recall by electing him "Judge of the Year" before the November election. Click here for the Sacramento News and Review report.

Judge pro tem attorney Robert J. O'Hair testified as a character witness for controversial Judge Peter J. McBrien at the judge's second CJP disciplinary proceeding in 2009. Paula Salinger, an attorney at O'Hair's firm, Woodruff, O'Hair Posner & Salinger was later granted a waiver of the requirements to become a judge pro tem. A family court watchdog asserts the waiver was payback for O'Hair's testimony for McBrien. Click here to read our exclusive investigative report.

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In cases where one party is unrepresented, family court clerks and judges permit judge pro tem attorneys to file declarations which violate mandatory state court rule formatting requirements. The declarations - on blank paper and without line numbers - make it impossible for the pro per to make lawful written evidentiary objections to false and inadmissible evidence. Click here for our report documenting multiple state court rule violations in a motion filed by SCBA Family Law Section officer and temporary judge Paula Salinger. To view the pro per responsive declaration objecting to the illegal filing click here, and click here for the pro per points & authorities.

Family court clerks and judges allow judge pro tem attorneys to file a fabricated "Notice of Entry of Findings and Order After Hearing" in place of a mandatory Judicial Council Notice of Entry of Judgment FL-190 form. The fake form omits critical appeal rights notifications and other information included in the mandatory form. Click here for our exclusive report.

Sacramento Family Court temporary judge and family law lawyer Gary Appelblatt was charged with 13-criminal counts including sexual battery and penetration with a foreign object. The victims were clients and potential clients of the attorney. The judge pro tem ultimately pleaded no contest to four of the original 13-counts, including sexual battery, and was sentenced to 18-months in prison. Court administrators concealed from the public that Appelblatt held the Office of Temporary Judge.Click here to read our report.

Judge pro tem and SCBA Family Law Section attorney Scott Kendall was disbarred from the practice of law on Nov. 24, 2011. Kendall was disbarred for acts of moral turpitude, advising a client to violate the law, failing to perform legal services competently, and failing to keep clients informed, including not telling a client about a wage garnishment order and then withdrawing from the same case without notifying the client or obtaining court permission. Court administrators concealed from the public that Kendall held the Office of Temporary Judge. Click here to view our report.

Judge pro tem attorneys Nancy Perkovich and Jacqueline Eston in 2008 helped Donna Gary - the wife of Judge Matthew J. Gary - promote and market ClientTickler, a client management software program for attorneys. The judge reportedly has never disclosed the conflict of interest as required by the Code of Judicial Ethics. Click here for our exclusive report on the controversy.

In February, 2013 the website of family law firm Bartholomew & Wasznicky cut off the public from the only online access to The Family Law Counselor, a monthly newsletter published by the Sacramento Bar Association Family Law Section. Lawyers at the firm include judge pro tem attorneys Hal Bartholomew, Diane Wasznicky and Mary Molinaro. As SFCN has reported, articles in the newsletter often reflect an unusual, collusive relationship between SCBA attorneys and court administrators and judges. Click here for our report.

Family court reform advocates assert that judge pro tem attorneys obtain favorable court rulings on disputed issues at a statistically improbable rate. The collusion between full-time judges and judge pro tem attorneys constitutes unfair, fraudulent, and unlawful business practices, all of which are prohibited under California unfair competition laws, including Business and Professions Code § 17200, reform advocates claim.

Unfair competition and the collusion between judges and judge pro tem attorneys ultimately results in unnecessary appeals burdening the appellate court system, and other, related litigation that wastes public funds, exposes taxpayers to civil liability, and squanders scarce court resources.

Watchdogs point out that the court operates what amounts to a two-track system of justice. One for judge pro tem attorneys and another for unrepresented, financially disadvantaged litigants and "outsider attorneys." Two-track systems are prohibited by the Code of Judicial Ethics, according to the Commission on Judicial Performance and the California Judicial Conduct Handbook, the gold standard reference on judge misconduct. Click here for articles about the preferential treatment given judge pro tem attorneys. Click here for examples of how pro pers are treated.

After representing a client in Sacramento Family Court, San Francisco attorney Stephen R. Gianelli wrote "this is a 'juice court' in which outside counsel have little chance of prevailing...[the] court has now abandoned even a pretense of being fair to outside counsel." Click here to read Gianelli's complete, scathing account.

The Sacramento County Bar Association Family Law Section is led by an "Executive Committee" ("FLEC") of judge pro tem attorneys composed of Chair Russell Carlson, Vice Chair Elaine Van Beveren, Treasurer Fredrick Cohen and Secretary Paula Salinger. Three of the four have been involved in legal malpractice litigation, violations of the Code of Judicial Ethics, or as a defendant in federal civil rights litigation. Click here to read SFCN profiles of the Executive Committee members. Click here for other articles about FLEC.

Judge pro tem attorneys are by law required to take or initiate corrective action if they learn that another judge has violated any provision of the Code of Judicial Ethics, or if a lawyer has violated any provision of the California Rules of Professional Conduct. Family court watchdogs assert that temporary judges regularly observe unethical and unlawful conduct by family court judges and attorneys but have never taken or initiated appropriate corrective action, a violation of the judge pro tem oath of

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office. To view the applicable Code of Judicial Ethics Canons, Click here. For a Judicial Council directive about the obligation to address judicial misconduct, a critical self-policing component of the Code of Judicial Ethics, click here.

For information about the role of temporary judges in family court, click here. For official Sacramento County Superior Court information about the Temporary Judge Program click here. Using public records law, Sacramento Family Court News obtained the list of private practice attorneys who also act as judge pro tems in Sacramento Family Law Court. Each lawyer on the list below is currently a temporary judge, or was a temporary judge in 2009, 2010, 2011, 2012 or 2013. SFCN cross-checked each name on the Sacramento County judge pro tem list with California State Bar Data. The first name in each listing is the name that appears on the Sacramento County judge pro tem list, the second name, the State Bar Number (SBN), and business address are derived from the official State Bar data for each attorney. The State Bar data was obtained using the search function at the State Bar website.

For-profit, private sector lawyers who also hold the Office of Temporary Judge:

Sandy Amara, Sandra Rose Amara, SBN 166933, Law Office of Sandra Amara,1 California Street, Auburn, CA 95603.

Mark Ambrose, Mark Anthony Ambrose, SBN 141222, Law Offices of Mark A. Ambrose, 8801 Folsom Blvd. Ste. 170, Sacramento, CA 95826. Ambrose unethically advertises himself as a temporary judge.

Kathleen Amos, Kathleen Swalla Amos, SBN 112395, Attorney at Law & Mediator, 206 5th

Street, Ste. 2B Galt, CA 95632.

Gary Appelblatt, Gary Michael Appelblatt, SBN 144158, 3610 American River Drive #112, Sacramento, CA 95864. Appelblatt was disbarred by the State Bar on Sept. 24, 2010 after being convicted of sexual battery against clients. Click here for our exclusive report. Appelblatt is a graduate of McGeorge School of Law.

Beth Appelsmith, Beth Marie Appelsmith, SBN 124135, 1430 Alhambra Blvd. Sacramento CA 95816.

Bunmi Awoniyi, Olubunmi Olaide Awoniyi, SBN 154183, Law Office of Bunmi Awoniyi a PC, 1610 Executive Ct. Sacramento, CA 95864. Awoniyi unethically advertises herself as a temporary judge. Awoniyi was appointed a Superior Court Judge in December 2012 and holds court in Department 120 of Sacramento Family Court.

Alexandre C. Barbera, C. Alexandre Barbera, SBN 70071,915 Highland Point Drive, Ste. 250 Roseville, CA 95678.

A number of family court whistleblowers have leaked court records indicating that judge pro tem attorneys receive from

judges kickbacks and other preferential treatment in exchange for operating the family court settlement conference program.

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