Lack of judicial accountability a public health risk in the State of California.

The public was given an opportunity to send in written comments regarding the topic of judicial accountability in the State of California, prior to the Judicial Council meeting held on the 27th and 28th of October. Some of the comments reveal that the current pervasive lack of judicial accountability in this State is a risk to the public at large endangering litigants across the board.

From: Kevin Osborn
To: Judicial Council
Subject: Corruption in the Family Courts
Date: Thursday, October 23, 2014 3:54:14 PM
I am the husband of a domestic abuse survivor and wonderful mother of a child from
that relationship. It sickens me to hear her story and the stories of others about
how arbitrary and mean-spirited the judicial system is against mothers who just
want to protect their children from abusers.
The courts won’t believe abuse. They don’t want to hear about abuse. And they will
punish anyone who bring up abuse. Meanwhile the abusers know this quite well.
They tell the court that no abuse ever happened and the courts usually believe them
because it is easy. After all, figuring out the truth and judging is difficult. Classifying
a mother as argumentative or a liar is just easier.
The worst thing is that if the abuser and victim weren’t in a relationship, we would
treat this as a serious crime. Instead, we just ask the victim to get along with their
tormenter.
-Kevin Osborn

“October 24, 2014,
My name is Yupa Assawasuksant, a registered nurse with TWO DAISY PIN AWARDS FOR AN
EXTRA ORDINARY NURSE and a member of California Nursing Association.
As an Asian immigrant mother of color and Marin County domestic violence victim, I
was very hopeful when Ms. Tani Cantil Sakauye was elected Chief Justice. That hope
quickly turned to despair when she and other Judicial Council members supported
Judicial Councilmember and Marin Court Executive Officer Kim Turner’s destruction
of child custody evidence while a Joint Legislative Audit of the Marin Superior Court
was pending. As I told the Judicial Council when I addressed it two years ago on
October 25, 2012, my case was one of those that brought the audit to Marin, and my
child’s Family Court Services working files were destroyed. Included in the working
files were photographs of my son’s bruises, medical and dental reports, and a written
notation of his statement to the mediator that his father hit him “sometimes for fun, and
sometimes he means it”.
I believe others and I have been retaliated against for speaking out about the Marin
family court, in many different ways, from losing our children, to being treated as
ATM machines for payment to court experts and favored court minor’s counsel who
did nothing to protect our children from abuse.
While being threatened that we will be “hunted down” (levy bank accounts, etc) if
we do not pay the tens of thousands of dollars owed to court favorites, we are forced
to watch our children, placed with abusers, suffer injuries and/or begin to repeat the
cycle of abuse.
We are watching Marin judges and court clerks treat litigants with disrespect and
disdain, knowing that their actions have been approved by the Chief Justice and her
Judicial Council.
I am so personally disappointed in the Chief Justice and the Judicial Council and
wonder if you all appreciate how terribly your refusal to correct corruption in our
courts has harmed domestic violence victims and their children.
The Judicial Council is paid by the public to serve the public, and we are
requesting a public hearing about our many reasonable concerns.
Please review California State Auditor Report January 2011 Report 2009-109 page 11,
“The family court is required to determine whether the parties in a case are able to pay
all or a portion of the expenses for minor’s counsel. If the family court ascertains that
the parties cannot pay, the county pays the attorney’s compensation and expenses”
Please review State Auditor Report on page: 13, 39, 62, 63, 64, 65, 66, 67, and 68. “Of the
29 cases we reviewed, we found six cases for which the family court had not
determined the party’s ability to pay. The judge left blank the section that specifies how
the minor’s counsel fees would be paid”.
Page 62, “State law requires the family court to determine whether the parties are
unable financially to pay all or a portion of the minor’s counsel fees and states that the
county is responsible for any remaining minor’s counsel fees”.
Page 63, “We noted, however, that the order specifically has a category that states,
“Minor’s counsel shall be court compensated.” Thus, we question why the family
court commissioner would leave the section blank instead of checking off this category
to order the superior court to pay the minor’s counsel fee”.
Respectfully submitted,
Yupa Assawasuksant RN II
xxxxxxxxxxxxxxxxxxxxxx”

From: Catherine Campbell Raffa [xxxxxxxxxxxxxxx]
Sent: Friday, October 24, 2014 12:04 PM
To: Judicial Council
Subject: Judicial Accountability – Public Comment for Judicial Counsel Meeting Oct. 27 & 28
Dear Judicial Council Members:
My name is Catherine Campbell, I reside in Santa Clara County and my comment for the October 27 and 28
agenda is regarding the judicial accountability.
I have become aware of situations in Family Court that have hindered the care of our children in our state.
Since there is limited time at your meeting this coming week, I am requesting a public hearing that will allow for enough time for issues to be heard that will allow our state to continue to move forward improving the rights for children and families. I have heard situations where the law was not followed by judges thus not allowing for the best interest of the children; forcing children to live with named or convicted sex offenders; inability to appeal bad decisions based on several issues; and issues that are a result of our system which needs improvement. There are solutions for these situations. Families from all counties in California are experience these and with a proper hearing, we can began to solve our shared problems, save the state money, increase family wellness, increase productivity, decrease children at risk, and aid in the downturn of adult abuse, criminal activity and substance abuse.
I appreciate your time and effort to hear the public since it is by the public the Judicial Branch is paid and serves for the people of this state. We need California to continue to be a golden state, and it is time we do a bit of polishing in Family Court. We owe this to our state, we owe this to our children.
Sincerely,
Catherine Campbell

From: Idelle Clarke
To: Judicial Council
Subject: Comment on JUDICIAL ACCOUNTABILITY for October 27, 2014 Judicial Council business meeting
Date: Friday, October 24, 2014 2:22:04 PM
I regret that I cannot be in attendance at the October 27, 2014 Judicial Council
Business Meeting due to health issues and poverty.
JUDICIAL ABUSE HAS BECOME THE NEWEST FACE OF DOMESTIC VIOLENCE.
Tens of thousands of protective parents, heeding their fundamental
anthropologic imperative to protect their children and heeding California law that
mandates they act to protect their children from harm have been and are
everyday being deprived of their fundamental constitutional rights as parents TO
PROTECT THEIR CHILDREN, RAISE THEIR CHILDREN AND FREELY ENJOY AND
ASSOCIATE WITH THEIR CHILDREN SO AS TO BE ABLE TO INSTILL ESSENTIAL
VALUES, MORALS, KNOWLEDGE AND THE JOY SHARED BETWEEN LOVING PARENTS
AND THEIR CHILDREN. I have firsthand experience with this and can attest to
personal knowledge of countless specific incidences of profound, life changing,
retributive, and intentional acts of terror and cruelty by California Judicial Officers
and their appointees, as well as gross financial malfeasance. America’s darkest
secret is the horrors imposed on abused children who beg for protection and are
not just ignored, but often sentenced to live in total isolation from their protective
parent under the sole control of the perpetrator of abuse the child has complained
of – often times, investigated and substantiated but then entirely disregarded by
Judicial officers who, in collusion with appointees and focused on financial
incentives , are themselves , entirely unfettered trafficking in American children.
The Judicial Council expressed gratitude for the education they gained when in
2003 during it’s National Conference on Protecting Children in the Courts, UNITED
FOR JUSTICE met with the Council to screen the award winning Documentary film
entitled “ SMALL JUSTICE” followed by questions answered by the Producer
Garland Waller and various attorneys, victims and other individuals appearing in
the film as well as nationally known experts on the abusive misuse of PAS –
Parental Alienation Syndrome. So this Judicial Council has long had both
knowledge of the serious problem and has had unfettered access to experts
nationwide who offered to answer further questions and/or assist with
remedial action. BUT THE PROBLEM OF JUDICIAL DESTRUCTION OF LIVES AND
FUTURES HAS GROWN EXPONENTIALLY AND NOW EXTENDS BEYOND JUVENILE
DEPENDENCY AND FAMILY LAW COURTS TO PROBATE COURTS ,FEDERAL
BANKRUPTCY COURTS AND MORE.
THE JUDICIAL COUNCIL HAS UNDENIABLE AND URGENT RESPONSIBILITY TO
STOP JUDICIAL ABUSE, INVESTIGATE CASES WHERE CHILDREN HAVE BEEN REVICTIMIZED
AND INSURE THOSE VICTIMS ARE “MADE WHOLE” AND THAT NO
FURTHER SUCH ABUSE OCCURS. IN CALIFORNIA COURTS. POLICIES AND
PRACTICES MUST CHANGE. MOLESTATION BY A PARENT OF THEIR CHILD IS NO
LESS A CRIME THAN MOLESTATION OF THE CHILD NEXT DOOR. IT IS A CRIMINAL
MATTER, NOT A FAMILY LAW ISSUE.
Respectfully submitted, Idelle Clarke,
Protective parent of now adult LASC Conserved daughter &
Founder and former Executive Director of United for Justice

From: Dixie Duncan
To: Judicial Council
Subject: Corruption in the Family Courts
Date: Thursday, October 23, 2014 2:27:04 PM
Every year more than 3 million children witness domestic violence in their homes.
When these mother’s go to leave their abusers the abusers are allowed to continue
to hurt the mothers and the children through the family courts. Many domestic
violence cases are seen by judges as high conflict. This means that judges blame
both parties for the problems and often times blame the protective mother for not
working with the perpetrator. It is time that judges are educated about domestic
violence and it is time for abusers to lose custody until they can prove that they are
not seeking the child to perpetuate the abuse. Domestic violence perpetrators make
a choice to abuse women and children. They are not sick they choose so if they want
access to their children then they need to choose to stop the violence and only then
will we finally as a society start to see an end to this violent and often deadly crime.
Dixie Duncan

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One comment on “Lack of judicial accountability a public health risk in the State of California.

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