Joseph Sweeney is a diligent court reformer who is seeking appointment to the California Commission on Judicial Performance. (Joe for CJP) CJP is the state agency which is to oversee ethics in the California courts. For good cause, they are currently being audited by the state auditor.
“Tremendous cover article by Alastair Bland in Sacramento News & Review. Quoted are a defecting former San Diego County family judge, very prominent attorneys, Berkeley and Cal State professors, and leaders of activist organizations, including myself. Stories of mothers and a father trying to get their kids back. Study showed that in 98% of the cases in which children were taken from the mother, the father had an attorney and the mother did not. If a study were done of the reverse situation, I have little doubt the result would have been reversed, too. This is not a men v. women issue, it’s a justice issue. Great work to all my colleagues in the article.”
Mr. Sweeney is right. This is the most well written and comprehensive article that I have seen to date regarding the cesspool of cronyism, bias and conflicts of interest that the California judicial branch has become from lack of effective oversight. To quote some highlights from Mr. Bland’s article:
“But Judge Peter McBrien—still with the court today—was convinced the boy had been coached by his mother to concoct the allegations and handed him over to his father for primary custody. The reports of abuse continued. In July 1995, the child called the police himself, asking for protection from his dad.
According to a report by the responding police officer, obtained by SN&R, the boy graphically described being sodomized. The 5-year-old told the same story to a CPS social worker and even drew an image of his father raping him before a camera on a tripod. In the crude drawing, the dad’s face is smiling while the child cries.
The boy spent some time in foster care but was eventually court-ordered back to his dad. His mother died of cancer in 1998, and his story was orphaned to obscurity.
Connie Valentine founded the California Protective Parents Association in Sacramento in 1999 in direct response to the case. Almost 20 years later, she’s still trying to reform what she says is a corrupt branch of the court system that destroys lives…”
“An East Bay group called Court Reform LLC is lobbying for several procedural changes that could benefit family court litigants unable to afford attorneys. And the Socioeconomic Justice Institute, a newly founded organization based in the Silicon Valley, is preparing to launch a class-action lawsuit against California court administrators and several judges, including Mize and McBrien.
‘An entire branch of government is operating in the dark, like the Catholic Church,’ said Kathleen Russell, executive director of the Center for Judicial Excellence, a Marin County organization that aims to protect litigants’ basic courtroom rights. ‘This has become an unregulated cottage industry that is completely unaccountable to anyone.”
“The court system is systematically trafficking children who are abused by a parent away from their safe parent who is trying to protect them and into contact with the parent they say is harming them,’ Russell said. ‘It happens almost every time like clockwork. If you raise an allegation of abuse, the system starts turning against you, even if you have legitimate medical evidence that the kid has been raped or beaten, or there is testimony from the emergency room doctors saying they see evidence of abuse.’
Linda Barnard, a licensed marriage therapist in Sacramento who regularly testifies in court as a domestic violence expert witness, describes the same recurring outcomes in cases where a woman reports abuse.
‘The more frantic the mother becomes, the more they think she’s crazy, and pretty soon the abusive parent ends up with the kid,” she said. “Many times people are actually afraid now to disclose abuse because they’re afraid they’ll lose their kids.”
“In theory, judges would stamp out systemic corruption that turned family court squabbles into money-making schemes—but they don’t, at least not always, according to DeAnn Salcido, a former family court judge in San Diego County.
In fact, Salcido says judges may actually cash in on the system by becoming private custody mediators after they retire, a service for which they can pocket $500 an hour. Since lawyers are the ones who recommend these mediators, it behooves a judge to curry favor with established family law attorneys during their time on the bench, Salcido explains.
On the other hand, ‘judges who piss attorneys off won’t be recommended,’ explained Salcido, now a family law attorney herself. This system, she says, fosters cronyism between judges and attorneys and leads to biased rulings in the family courts.
Moreover, Salcido says, the mediation service itself is a scam. She says mediators often fail to fact-check what one parent tells them, leading to badly flawed custody recommendations—which, she notes, judges follow most of the time. ‘They’re basically delegating their decision-making to the mediator’, she said
‘It’s dumbfounding,’ Salcido said. ‘Only in family court can a child who has claimed to be abused by a person be then forced to be in that person’s company.”
“Judges don’t follow the laws, but then the CJP doesn’t do anything about it,’ said Stephen James, the co-director of the Socioeconomic Justice Institute and an investigative reporter with years of experience studying California’s family courts.
Sweeney, at Court Reform LLC, was keen on learning more about the complaints—who filed them and why. He submitted a public records request with the commission last February to access this information, and the agency promptly refused to hand it over.
Shortly thereafter, the state auditor, answering to public outcry, similarly demanded access to the CJP’s records. In its 56-year history, the commission has never been audited—and the secretive 11-member unit, which filed a lawsuit on October 20, 2015, to block the audit, is trying to keep it that way.
The CJP’s director did not return multiple calls from SN&R seeking comment….”
“The tide may be turning slowly in favor of families, parents and children. The state auditor has the Commission on Judicial Performance in the hot seat. Court Reform LLC’s Sweeney is even applying to serve as one of the CJP’s six public members.
James, at the Socioeconomic Justice Institute, is working closely with Carlsson and Susan Ferris—who went four years without seeing her daughter due to a series of Sacramento court actions that James insists were illegal—on the class action lawsuit against the state, which he expects to have filed within six months.
On January 3, the Ninth Circuit of the U.S. Court of Appeals ruled that CPS [Child Protective Services] workers who place a child in an abusive home can be held accountable, whereas previously they have been protected by immunity.
James, a former SN&R contributor, says the decision, made in Pasadena, sets a groundbreaking precedent that could start the unraveling of immunity protections for employees of the family courts, where judges and attorneys, without transcripts to track their behavior, rarely face legal consequences for their actions.”
‘The pressure is going to start coming from the top down to the county level,” James said. ‘The family courts are going to start getting the message that they need to follow the law, stop with the cronyism and giving favorable rulings to their favorite attorneys, and stop the bias against the people who can’t afford attorneys.”
The author of this blog, Sharon Noonan Kramer, has been working to get the United States Department of Justice (USDOJ) to prosecute for case-fixing Strategic Litigation Against Public Participation (SLAPP) in the San Diego Superior Court and Appellate Court. The case-fixing, including concealment of falsified court documents, has been occurring for now twelve years. The relentless and unpunished judicial and attorney misconduct has been on behalf of the SLAPP plaintiffs who are toxic tort expert defense witnesses, Veritox, Inc.
Veritox, Inc. is frequently hired by attorneys of the USDOJ, municipalities in California and in other states to serve as toxicologist expert defense witnesses in mold litigations. The purpose of their hirings and the purpose of the unpunished SLAPP fixing are to stave off government liability for disabilities caused by poorly maintained government buildings. As of December 2016, the USDOJ is still refusing to prosecute the “California Judiciary”.
If you would like to voice your support to Governor Jerry Brown and California legislators to appoint Mr. Sweeney as a citizen member of the state’s judicial oversight committee, please see the contact information to do so, at this link: JOE for CJP.
As of September 7-11, 2016 a Gallup Poll showed only 12% of those polled had a “great deal” of trust in the Judicial Branch, 37% had “none at all” or “not very much” and only 49% had a “fair amount.”
The Judicial Branch functions on the public’s perception of its integrity and freedom from corruption.
Lack of Integrity and Judicial Corruption manifest through bias, “bribery”, conflicts of interest, financial investments or transactions, undisclosed campaign contributions or loans to a judge’s judicial campaign by a party to the litigation, and other violations of law or Canons of Judicial Ethics.
The underlying issue of the 2016 election is lack of integrity, judicial corruption and its effect on each and every voter. Each party platform spoke of changing the criminal justice system, but neither attacked the cause for change, i.e. lack of judicial integrity and judicial corruption.
Sooner or later, almost all of the issues discussed in the 2016 election campaign will be before either the federal or a state Judicial Branch. Unless the Judicial Branch is perceived to possess integrity and be free of corruption, the issues and promises of the 2016 election will be meaningless.
Selecting Supreme Court nominees for political beliefs was discussed in the 2016 campaigns, but once selected, the Supreme Court justices continue to be able to avoid disqualifying themselves when a conflict of interest arises, neither the parties or the country will receive a fair hearing.
Political campaigns at the Presidential, Senate, House of Representatives, state and municipal levels ignored the underlying problem of lack of integrity and judicial corruption.
With a close election and candidates needing every vote, voters have the power to demand judicial integrity be restored and judicial corruption end.
Before November 8, 2016, voters demand by e-mail, letter, petition, telephone and at each candidate speech or gathering, each Presidential, Senate, House and state candidate pledge to introduce and support legislation to:
end judicial corruption;
restore judicial integrity by restricting absolute judicial immunity to be available only to the judge’s legal reasoning of the judge’s decision being appealed and removing all other functions or collateral circumstances such as malice or bias which contributed to such decision;
restore judicial integrity by ending quasi judicial immunity; and
restore judicial integrity by removing judges from deciding their own or other judges’ disqualification motions.
Together, voters will restore judicial integrity and end judicial corruption with the 2016 election.
Richard I. Fine, Ph.D.; Strategic Consultant and Mediator; Chmn., Campaign for Judicial Integrity; Co-Chmn., Judicial Reform Comm., DivorceCorp.”
Click HEREto add comment to the Daily Kos article.
For a greater understanding of what can happen to thousands of people’s lives when political prostitutes disguised as honorable California judges and justices are not held accountable for case-fixing on behalf of undesirable elements within the United States government, see my latest blog on Katy’s Exposure
“Concerns about the inner workings of the U.S. Centers for Disease Control and Prevention (CDC) have been mounting in recent months amid disclosures of cozy corporate alliances. Now a group of more than a dozen senior scientists have reportedly lodged an ethics complaint alleging the federal agency is being influenced by corporate and political interests in ways that shortchange taxpayers.
A group calling itself CDC Scientists Preserving Integrity, Diligence and Ethics in Research, or (CDC SPIDER), put a list of complaints in writing in a letter to CDC Chief of Staff and provided a copy of the letterto the public watchdog organizationU.S. Right to Know(USRTK). The members of the group have elected to file the complaint anonymously for fear of retribution.”
This is what I have been trying to get to public light over the Toxic Mold issue for now eleven years. The CDC is selling scientific fraud which professes to prove the biocontaminants in water damaged buildings can never reach a level to cause brain injury, disability and death.
They are doing it by a widely marketed bogus risk assessment model that was concocted in 2001 by Bryan Hardin and Bruce Kelman, the “Veritox Theory” (See link marked Exhibit 2).
Hardin is a retired Deputy Director of CDC NIOSH. Kelman is an old Tobacco Scientist. They are both prolific expert defense witnesses in Toxic Mold litigation and two of the six owners of Veritox, Inc.
I published a writing on the Internet in 2005 explaining how they were marketing the scientific fraud with “nonprofit” medical associations, the U.S. Chamber of Commerce and a U.S. Congressman to mislead the courts to deny liability for causation of Toxic Mold disabilities.
The California courts aided Kelman and Hardin and their corrupt California attorney, Keith Scheuer, to frame me for libel for the writing to keep the CDC backed-fraud going.
“MS. KRAMER: NO, I DID NOT HEAR THE IMPORTANT THING. I DIDN’T HEAR AN APOLOGY THAT THE COURT’S FRAMED ME FOR LIBEL SEVEN YEARS AGO. I’M SITTING HERE IN HANDCUFFS FOR SPEAKING THE TRUTH ABOUT A FRAUD AND POLICY. IF YOU WANT TO SEND ME BACK TO
JAIL, FINE, BUT I’M NOT SIGNING AN APOLOGY FOR THE COURT DOING THAT.”
I can’t get the USDOJ to prosecute the California judges and justices for case-fixing to aid the CDC backed-fraud without greater sunlight on the issue. See their latest refusal below.
The Gossiping Ninnies within the Mold Issue make it a thousand times harder to get the truth to light. They keep promoting that it’s not a government backed-crime that is harming everyone; and that I’m lying about the corruption in the California court when case-fixing for Kelman & Hardin is aiding the crime to continue — while people are dying from the fraud in policy covered up by the fraud in the California courts.
As some of you know, I am constantly having to fend off the Gossiping Ninnies in the Toxic Mold issue. These aren’t naysayers of the dangers of mold. These are stupid pompous asses within the mold community itself who do everything they can to try to discredit the importance of getting the naysaying fraud out of gov’t backed policies and medical association position statements.
This is the area of this issue that I have worked for over a decade, i.e, removing science fraud from federally funded policies, physician educational materials and toxic torts. It’s cost me all (including going to jail) not to shut up of the naysaying scientific fraud, how it is marketed to U.S. physicians with federal funds, and how lives are devastated from it.
The Ninnies spend much time on FB patting each other on the back of how wonderful they are at advancing the science and are “helping” people – while they reach maybe the same 500 people at a time with their words of wisdom.
The sad thing is, they are right about avoidance of mold being key to recovery. But they can’t seem to grasp that it doesn’t matter if they are right if the U.S. government is mass-marketing that they are wrong. News flash, the U.S. government can reach millions of physicians, policy setters and people in general in matter of minutes with whatever they choose to market.
Nope. These little pompous asses think any efforts to try to change government backed and funded policy is just frivolous and they take every opportunity they can to discredit work and cast doubt in this area. They make me extremely angry by their convoluting the issue and confusing those being injured by contaminants in water damaged buildings with their petty gossip.
This is because of the thousands of lives being devastated by them making it a thousands times harder to cause gov’t backed policy change. They make me so mad that am not above publicly using the “F” word and even the “C” word regarding the Gossiping Ninnies.
The very first sentence in the Daily Beast article is this “caring” physician making fun of her patient for asking questions if mold could be contributing to his health condition. She then goes on to cite the retired Mold Position Statementof the American Academy of Allergy, Asthma and Immunology (AAAAI) as current accepted science of why mold could not be causing or contributing to the problem. (See last page in link above noting the Position Statement is sunset).
She linked to Dr. Ritchie Shoemaker’s mold conference that was occurring at the same time in LA when this article came out, while trying to present that she knows it’s just quackery (and again making fun of her own patient).
There is a mother whose child died from being sick with mold and being institutionally discriminated against because of this naysaying science being promoted by horrid people like Dr. Khan. The mother put out a blog last week asking that people contact the Daily Beast and request that they take the hateful and discrimination-causing article down.
The mother spent days fact checking and writing her blog. OMG! She cited me challenging the AAAAI out-of-date publication in the Daily Beast article and requesting they take the article down. This, of course, was unacceptable to the Gossiping Ninnies.
So what did the Gossiping Ninnies do? They immediately jumped into gear of gossiping on FB and promoting that my work and those who seek to remove fraud from policy is nothing, position statements come down on their own, don’t worry about some bogus article, they’ll never change, etc.
Here’s one example. This one was posted directly on the mother’s blog — gutting any chance that her blog would cause Moldies to actually jump into unified action to try to shut down the astroturfing and government backed science fraud, which is harming so many.
A charter member of the Toxic Mold Gossiping Ninny Club, who has been a thorn in my side for years, wrote in the comment section on the mother’s blog:
“Sadly, there is nothing that can be done, to have the Daily Beast article revised or removed, due to the way the internet functions. The out-of-date source that the article’s author used, to write her misleading article, will exist as an internet reference source until the end of time. The way the internet was created failed to provide a way to delete information when that information was updated by the source of that information. Both the updated, and the out-of-date information remain searchable by Google, and the selection of which of those two sources to believe is left to the intelligence of the web surfer. The “sunsetting” of the old source has always been misunderstood by my dear friend Sharon Kramer. Sunsetting only means that you can no longer find the old source when you search that one website. The sunsetting was an automatic procedure of the publisher of the out-of date article, not a great victory for Sharon’s persistent attacks and legal maneuvers. After a pre-set number of years, that publisher stated that the old information was no longer the current opinion of “their” group, and would no longer appear when searched for on their web site. In some instances, when such a removal is made, Google informs the searcher that she is viewing a “cached” article, and not an article that appears on an active web site. But not in all cases. An example of this, are my 20 year old listings on the singles dating web sites that I created over 20 years ago. On those sites my photo still shows a nice full head of black hair and a flat stomach. I am forever young, in spite of my repeated requests to those dating services to delete me from their membership.”
My response was:
First of all, let me say that Joe X is in NO WAY a dear friend of mine, nor does he understand what it means when a medical association “sunsets” position statements. That would most likely be because he didn’t work with Dr. Hodgson of OSHA for a couple of years to cause the sunsetting of the ACOEM mold statement. He doesn’t have the behind the scenes emails in his possession of what it took to get it down. I do.
People like Joe who are always willing to voice their opinions, but actually do ZERO to remove false science from policies, medical school teachings and toxic torts over the mold issue, are who make it difficult on us who actually do cause changes in policy.
It’s people like Joe who aid the false science to continue to cause the institutionalized discrimination to continue. Nope. Joe X is no friend of mine and if you are trying to get help from a mainstream physician (who is still being misinformed) Joe is no friend of your’s either. He might as well work for the defense in mold litigation.
This article by the Emory Fellow is what’s known as “astroturfing”. What Joe is doing, while trying to present that he is my friend, is the same.
The piece de resistance of the Confederacy of Dunces is the concept that the Daily Beast article must have run because the doctors are afraid of the Ninnies. Pure nonsense. This is how the naysayers have astroturfed the scientific fraud into physician educationover the mold issue for years for the purpose of influencing mold litigations — another area the Ninnies seem to know nothing about. (See 2007 Wall Street Journal article “Amid Suits Over Mold Experts Wear Two Hats” for how and why the science fraud is marketed to doctors to influence the courts)
So Gossiping Ninnies, this post is for YOU. It’s hard enough to have to fight the Centers for Disease Controland systemic corruption in California courtsfor aiding the naysaying fraud to continue to harm so many – by criminal means. No one needs your little gossipy asses constantly nipping at my heels and trying to discredit me every step of the journey for daring to tell the truth of how the fraud remains in policy.
Sit down and shut the fuck up because there is naysaying scientific fraud to be removed from policies over the Toxic Mold issue and lives to be saved. Your stupid gossip makes it 1000 times harder to accomplish this.
Everyone in the “mold community” knows who this little band of asses are. They’ve been trashing people for years, not just me, in their self-promotion — while people are dying from the fraud remaining in policies. I think it’s long past time that they be made to stop.
If you would like to voice your concern to the Editor of the Daily Beast regarding their publication of Dr. Khan’s dangerous and discriminatory astroturfing, the contact information is:
If you would like for the Gossiping Ninnies to see this so maybe they will get a clue to stop, just repost it on FB. They’ll come out of the woodwork spouting snide comments faster than a water damaged building can begin to grow mold. It will be easy to identify who they are!
Judges’ Commission Seeks to Gut Scope of State-Ordered Audit
October 23, 2016
SAN FRANCISCO (CN) – The California Commission on Judicial Performance (CJP) is challenging the scope of an audit of its operations ordered earlier this year by the Legislature, claiming that the state Constitution prohibits oversight of the self-perceived-above-the-law independent state agency.
“If you imagine for a moment an auditor asking a court ‘We want to know how you resolve cases,’ you can see where there’s a concern,” CJP attorney Joe Tailwagger said in an interview. “But the CJP isn’t a court, so this argument is really just for stonewalling and is irrelevant.”
Desperately trying to invoke the separation of powers doctrine that prohibits the Legislature from interfering with the judiciary, the CJP writ petition asks that the state auditor refrain from examining how this state agency investigates complaints against the judiciary.
The commission also wants the state auditor barred from accessing confidential records related to its investigations to protect its staff and members from public scrutiny when violating the rights of the public and non-inner-circle judges.
“The public seems to feel that there are several judges who have been privately admonished, if admonished at all, who should have been removed from the bench for destroying lives while case fixing. We’re afraid that a real gander of the CJP records may prove them right,” Tailwagger said.
This past August, the Legislature voted unanimously to audit the commission, a constitutionally established state agency in charge of investigating and disciplining judges. The audit was a result of public outcry from activist groups that the commission hasn’t been sufficiently harsh on errant judges, that its proceedings aren’t sufficiently transparent, and that the CJP has served more as a lapdog for politically connected, inner-circle judges, rather than a watchdog.
The commission was formed in 1960 and originally included nine members. Most of its proceedings were confidential, and in 1994 voters passed Proposition 190 mandating open proceedings and increased the membership to eleven. This occurred after a whistleblower within the CJP informed the legislature that the independent state agency was nurturing a culture of corruption in the courts.
The proposition also changed the composition of the commission: three judges appointed by the Supreme Court, two attorneys appointed by the governor, and six citizens – two appointed by the governor, two by the Senate Committee on Rules, and two by the Speaker of the Assembly. As it stands today, the CJP Chairman is under criminal investigation.
The Supreme Court has the authority to review and overturn the commission’s rulings, as in the recent case of Judge Nancy Ayers, where the high court dismissed the commission’s advisory letter against her for keeping a guide dog she was training in her courtroom.
The Supreme Court seems to have no concerns about lack of judicial ethics when disabled members of the public have their rights violated by judges and the CJP refuses to admonish. When the CJP refuses to admonish, there is no recourse for the harmed public.
This will be the first time in its history that the commission has been audited and the commission has much to hide.
Tailwagger said that on the whole, the commission operates in the public eye and then let out a big laugh right after he made the statement.
“The CJP doesn’t operate entirely in confidence. Many proceedings are open to the public. For instance, it sometimes publicly admonishes judges when retaliating for political purposes. But some cases call for privacy for the same purpose,” he said.
Aside from its usual examination of budget and spending, State Auditor Elaine Howle has also been asked to review the commission’s rules, standards and procedures. This will be a futile task without being able to examine how the commission’s rules, standards and procedures have been abused behind closed doors.
Tailwagger said the commission has no problem with the auditor looking into its finances, but other aspects of the audit go too far into where the real heart of the problem lays.
“Many of the categories are attempting to look at the very core function of how a court process works and that would be unprecedented to allow that,” he said. [I did not change this quote. So the dysfunction of the “very core function” of the CJP is not what should be audited???]
The auditor proposes looking into the commission’s rules on confidentiality and why certain proceedings are kept private, reviewing its process for investigating legal error, and examining the commission’s standards for handling cases and when to contact complainants, witnesses and judges.
Howle’s office also notes that the audit will take roughly 4,100 hours, with no set completion date, at a cost of roughly $492,000. The CJP is also contesting the cost, saying it cannot afford to pay a nearly $500,000 bill with a yearly budget of $4.6 million; and they would like to receive more money from the legislature for the time it will take to thwart an effective audit.
Tailwagger said the commission isn’t using its petition to skirt the audit, but wants some clarification on how many people should leave the country now before the criminal charges and arrests begin.
“This isn’t an agency that’s looking for a free pass,” he said. “We’ve gone to the judges who we aid their lack of ethics to get some protection so this audit can’t go forward on things that are appropriate. We are hoping this will be a matter that will not be handled very quickly and efficiently because our paper shredders are already working day and night.”
Howle’s office did not respond to a request for comment.
The above is a spoof. The links are real. The CJP really has gone to the exact entity whose ethics they are charged with overseeing, the courts, to try to stop an audit of the CJP’s “very core function”. The need for this audit was supported by public organizations and judicial organizations who are tired of the CJP aiding the ethics problems and politics in California courts, rather than stopping them.