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The California Court System or "Animal Farm" ?

(With all "Due Respect" for those who fairly administrate justice and retain ethics and behavior without reproach)

February 29, 2012, Victoria B Henley - Director-Chief Counsel of the Commission on Judicial Performance has submitted a warning letter about the next "Public Crisis" to face California due to the reduction of court reporting staff and it's certainly understated..... and it's a DOOZY Chief Counsel & Director Victoria B Henley - writes .. " to Honorable Edmund G. Brown, Jr. Honorable Tani Cantil-Sakauye. Honorable Darrell Steinberg and Honorable John A. Prez. This letter is written at the request of the Commission on Judicial Performance to alert you to a problem that the commission believes impairs its ability to fulfill its mandate to protect the public, and undermines the administration of justice in court proceedings in California." "... A review of pending investigations involving court proceedings at the commissions December 2011 meeting revealed, however, that transcripts or recordings exist in only half of the cases, which means that it may not be possible to establish with certainty whether or not misconduct occurred in half of the cases. The absence of transcripts or recordings thus impedes the commission in determining that misconduct has occurred and in protecting the public from abusive judges." The California State Financial Crisis has forced the under-funded courts to cut use of court reporters. Now the Commission on Judicial Performance as the governing body mandated to

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regulate the statutorily "immune" Judges and their actions and protect the public from
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corruption admits they fear that without a recorded or reported transcripts the burden of
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"clear and convincing evidence" required to establish legality any action of unethical, or
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corrupt actions of the judges cannot be met therefore the judge is basically free do anything
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they want .
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The depth of this urgency is found in relationship to Elkin's Commission's findings that more than 70% of litigants in family law are now unrepresented is that they would have not only no protection from abusive Judges they would have no recourse. The Elkin's Commission already found the existing system wide pattern of "due process violations" against Pro Se litigants

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They noted: "Responding attorneys and litigants have made it clear that the ability of litigants to testify at their hearings on such important substantive issues is critical to their perception of procedural justice in the family court." and in accordance The Judicial Council adopted the recommendation and amended in conformance with this recommendation. [Effective 1/1/2011] Live Testimony 217. (a) At a hearing on any order to show cause or notice of motion brought pursuant to this code, absent a stipulation of the parties or a finding of good cause pursuant to subdivision (b) the court shall receive any live, competent testimony that is relevant and within the scope of the hearing and the court may ask questions of the parties. It would stand that in the State of California where 70% of litigants are now Pro Se' and cannot afford attorneys, 1/2 of the people who come to court in are without means to protect their Federally Protected Civil Rights as guaranteed by the U.S. Constitution. The Constitution is the authority that delegates the both authority and immunity to Judges only while acting under their Jurisdictional authority. Acts that are unconstitutional are void who ones "Animal Farm" = Orwell's story combines the common dystopian theme about the danger of the quest for utopia with a strong message about the unavoidable corruption of human nature. It is the corruption found within human nature which causes the quest for utopia to become so dangerous. Those who attempting to attain, or create utopia will find that human nature itself inevitably turns that utopia into a narcissistic den of corruption, , shallowness and vice. The novel revolves around a smallish farm where the animals plot a revolution against their oppressive human masters. As the story unfolds the leaders of the revolution, the pigs, slowly become more and more corrupt. The defining moment is late in the novel when the seventh, and the most important maxim of the animals All animals are created equal is amended to say All animals are created equal but some are more equal than others. More maxims are amended as well as the pigs take on more and more of the trappings of humanity until finally, at the end they become human.

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The slow progression of the rebellion coincides with the subtle corruption of the pigs shown in their increasing desire for human luxuries and vices. The nature of the pigs corruption is shown most clearly in their greed. The insidious nature of corruption in this novel and shows how easily in can overwhelm the mind. Moreover he exposes how natural it is for a man to fall into its trap. Director Victoria B Henley continues... " 95 percent of the complaints submitted to the commission concern conduct by judges in the course of performing judicial duties in court proceedings. Because the standard of proof in commission disciplinary proceedings is clear and convincing evidence, it can be very difficult, if not impossible, to establish what was said and what occurred in the courtroom without any record of the proceedings." " ...Without any official record, the trial courts will be required to produce settled statements in those cases in which appeals are taken, a time-consuming and imprecise process at best. The use of private court reporters hired by one party in litigation raises numerous concerns, including the questionable admissibility of the transcript as an official court record and access to justice for those with limited financial means." The regulating agency of California Judges is asking for help because half of the cases in California are most likely Constitutionally unprotected for the 70% of California residents. The failure to correct this situation appears to likely result in the systematic change from "Rule of Law" to "Rule by Law". The difference being that "under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic fashion "( Li Shuguang:Poly-Science Professor). Those with "limited financial means" will become just like I did in this current case and like the respondent-King did in King Vs King -98D003898 - Orange County Superior Court under late Judge Daniel T Brice whose "Butterfly Effects" have continued to create violations and abuse. When the unregulated Judge chooses when/if they wish to follow the law, are indifferent to the litigant, and continue to issue abuse from the corners of "Chambers" where nobody can see them they will simply LIE.

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The founding father has warned us... You seem . . . to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so . . . and their power [is] the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with corruptions of time and party, its members would become despots. (Thomas Jefferson, Sept. 28, 1820) I suggest that power corrupts those that are empowered with it and restraint is proportionate to their accountability. It is only through transparency and accountability that one can prevent abuse destroying the court and thus public trust. The founding father of the Constitution of which all law, power, and immunity arrives warned us 197 years ago what the news continues reminds us almost daily. The insidious nature of corruption and power. Therefore although Judges may inherently be as honest as any other men, however Judges are granted immunity and power creating the corresponding level corruption enticement and then by only regulated and accountable to other Judges they in fact be trusted less than the ordinary person. This arrangement already a dangerously "Animal Farm" looking situation with the self regulation Jefferson often wrote about. Obviously if the farmer is afraid of the pigs getting loose and asking for help there is a "Really Big" problem at the farm. The COJD's understated concerns about California's newest problem is a 3 Alarm Fire alarm for Constitutional Abuse and we had better listen before it gets worse It's already happening elsewhere.

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Abuse of civil rights is abuse on the constitution and abuse on "the people". This case is media important because this man was rich and worth millions and still kept from the public. It is unlikely that this judge woke up one morning after years on the bench and decided he had this much power that he could do anything he wanted. Most bank robbers don't start at the US mint and most drug dealers don't start buying coke from Pablo Escobar

This is this reason everything that happens is recorded in all interactions with a Judge transparency must always be protected and even if only reviewable under appeal there should be recording of everything including judicial chambers. This is because Judge's do lie and need to be held accountable to a higher standard with harsh discipline. I'm sure if they follow all the dismissed complaints they would find that there were complaints dismissed that started out with small lies and ignoring the law when it doesn't fit your agenda and manipulation of court functions to prevent accountability. The following demonstrates "Big Picture" information available to this "closed minded" court choice to defile the Judicial Performance's legislative changes in the 2011 Elkin's Amendments as required by law. Commissioner chose to ignore "Childs Best Interest" and issue "Judicial Orders" obfuscated within a stipulation and then deny it

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