Monday, September 26, 2022

Under New Management

Constitutional law attorney Floyd Abrams and reporter Stephen James


My name is Stephen James and I am the new administrator of the CJP News blog. Our team will be posting news and primary source records, photos, and video about judicial oversight and the California Commission on Judicial Performance. 

Many of our primary source records were obtained using public records laws. Almost everything we share and write is public domain content. Our work is not copyrighted. Our intent is that it be shared. 

Our primary purpose is to help reporters, editors, authors, producers and social media content creators report on the subject of judicial oversight and the CJP. Researching and reporting on judge misconduct and discipline can be complicated and time consuming, and our goal is to make it easier by sharing our experience, knowledge, and primary source research here. 

We've been involved in investigating and researching judge misconduct for over 30 years. 

Judge misconduct in California and nationwide is underreported because the laws and ethical standards that apply to judges can be vague and hard to understand. In many cases, the laws and ethical standards that apply to judges are vague and hard to understand by design. 

For obvious reasons - including the fact that our tax dollars pay for them - the government would prefer that the public put judges on a pedestal, and consider them above reproach. Of course, no one is above reproach, and judges are no exception. 

We have over 450 documents available online at our DocumentCloud account, and we add more each week. Again, most of it is open source and public domain, OSINT. Virtually everything we share - documents, court records, photos and video - are open source and public domain. A sample:

Let's get to work.

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Thursday, November 9, 2017

Claims of California Pro Pers Vindicated: Prominent Federal Judge Verifies Institutionalized Pro Per Bias in US Courts

United States Courts for the Ninth Circuit, Chief Judge Sidney Thomas, Judge Stephen Reinhardt, Judge Alex Kozinski, Judge Susan Graber, Judge Margaret McKeown, Judge Kim McLane Wardlaw, Judge William Fletcher, Judge Ronald Gould, Judge Richard Paez, Judge Marsha Berzon, Judge Richard Tallman, Judge Johnnie Rawlinson, Judge Jay Bybee, Judge Consuelo Maria Callahan, Judge Carlos Bea, Judge Alfred Goodwin, Judge Clifford Wallace, Judge Procter Ralph Hug, Judge Mary Schroeder, Judge Joseph Farris, Judge Harry Pregerson, Judge Dorothy Wright Nelson, Judge William Canby, Judge Diarmuid O’Scannlain, Judge Edward Levy, Judge Stephen Trott, Judge Ferdinand Fernandez, Judge Andrew Kleinfeld, Judge Michael Daly Hawkins, Judge Wallace Tashima, Judge Barry Silverman, Judge Raymond Fisher, Judge Richard Clifton, United States Court of Appeals for the Ninth Circuit, 9th Circuit Court of Appeals
ABA Journal: Posner: Most judges regard pro se litigants as 'kind of trash not worth the time.'
United States Courts for the Ninth Circuit, Chief Judge Sidney Thomas, Judge Stephen Reinhardt, Judge Alex Kozinski, Judge Susan Graber, Judge Margaret McKeown, Judge Kim McLane Wardlaw, Judge William Fletcher, Judge Ronald Gould, Judge Richard Paez, Judge Marsha Berzon, Judge Richard Tallman, Judge Johnnie Rawlinson, Judge Jay Bybee, Judge Consuelo Maria Callahan, Judge Carlos Bea, Judge Alfred Goodwin, Judge Clifford Wallace, Judge Procter Ralph Hug, Judge Mary Schroeder, Judge Joseph Farris, Judge Harry Pregerson, Judge Dorothy Wright Nelson, Judge William Canby, Judge Diarmuid O’Scannlain, Judge Edward Levy, Judge Stephen Trott, Judge Ferdinand Fernandez, Judge Andrew Kleinfeld, Judge Michael Daly Hawkins, Judge Wallace Tashima, Judge Barry Silverman, Judge Raymond Fisher, Judge Richard Clifton, United States Court of Appeals for the Ninth Circuit, 9th Circuit Court of Appeals

 Chicago Daily Law Bulletin: Posner says friction on 7th Circuit bench led to his retirement.
United States Courts for the Ninth Circuit, Chief Judge Sidney Thomas, Judge Stephen Reinhardt, Judge Alex Kozinski, Judge Susan Graber, Judge Margaret McKeown, Judge Kim McLane Wardlaw, Judge William Fletcher, Judge Ronald Gould, Judge Richard Paez, Judge Marsha Berzon, Judge Richard Tallman, Judge Johnnie Rawlinson, Judge Jay Bybee, Judge Consuelo Maria Callahan, Judge Carlos Bea, Judge Alfred Goodwin, Judge Clifford Wallace, Judge Procter Ralph Hug, Judge Mary Schroeder, Judge Joseph Farris, Judge Harry Pregerson, Judge Dorothy Wright Nelson, Judge William Canby, Judge Diarmuid O’Scannlain, Judge Edward Levy, Judge Stephen Trott, Judge Ferdinand Fernandez, Judge Andrew Kleinfeld, Judge Michael Daly Hawkins, Judge Wallace Tashima, Judge Barry Silverman, Judge Raymond Fisher, Judge Richard Clifton, United States Court of Appeals for the Ninth Circuit, 9th Circuit Court of Appeals

Above the Law: The Backstory Behind Judge Richard Posner's Retirement.

United States Courts for the Ninth Circuit, Chief Judge Sidney Thomas, Judge Stephen Reinhardt, Judge Alex Kozinski, Judge Susan Graber, Judge Margaret McKeown, Judge Kim McLane Wardlaw, Judge William Fletcher, Judge Ronald Gould, Judge Richard Paez, Judge Marsha Berzon, Judge Richard Tallman, Judge Johnnie Rawlinson, Judge Jay Bybee, Judge Consuelo Maria Callahan, Judge Carlos Bea, Judge Alfred Goodwin, Judge Clifford Wallace, Judge Procter Ralph Hug, Judge Mary Schroeder, Judge Joseph Farris, Judge Harry Pregerson, Judge Dorothy Wright Nelson, Judge William Canby, Judge Diarmuid O’Scannlain, Judge Edward Levy, Judge Stephen Trott, Judge Ferdinand Fernandez, Judge Andrew Kleinfeld, Judge Michael Daly Hawkins, Judge Wallace Tashima, Judge Barry Silverman, Judge Raymond Fisher, Judge Richard Clifton, United States Court of Appeals for the Ninth Circuit, 9th Circuit Court of Appeals

 New York Times: An Exit Interview With Richard Posner, Judicial Provocateur. 
United States Courts for the Ninth Circuit, Chief Judge Sidney Thomas, Judge Stephen Reinhardt, Judge Alex Kozinski, Judge Susan Graber, Judge Margaret McKeown, Judge Kim McLane Wardlaw, Judge William Fletcher, Judge Ronald Gould, Judge Richard Paez, Judge Marsha Berzon, Judge Richard Tallman, Judge Johnnie Rawlinson, Judge Jay Bybee, Judge Consuelo Maria Callahan, Judge Carlos Bea, Judge Alfred Goodwin, Judge Clifford Wallace, Judge Procter Ralph Hug, Judge Mary Schroeder, Judge Joseph Farris, Judge Harry Pregerson, Judge Dorothy Wright Nelson, Judge William Canby, Judge Diarmuid O’Scannlain, Judge Edward Levy, Judge Stephen Trott, Judge Ferdinand Fernandez, Judge Andrew Kleinfeld, Judge Michael Daly Hawkins, Judge Wallace Tashima, Judge Barry Silverman, Judge Raymond Fisher, Judge Richard Clifton, United States Court of Appeals for the Ninth Circuit, 9th Circuit Court of Appeals

 Above the Law: Judge Posner, Uncensored: 'I Don't Really Care What People Think.'
United States Courts for the Ninth Circuit, Chief Judge Sidney Thomas, Judge Stephen Reinhardt, Judge Alex Kozinski, Judge Susan Graber, Judge Margaret McKeown, Judge Kim McLane Wardlaw, Judge William Fletcher, Judge Ronald Gould, Judge Richard Paez, Judge Marsha Berzon, Judge Richard Tallman, Judge Johnnie Rawlinson, Judge Jay Bybee, Judge Consuelo Maria Callahan, Judge Carlos Bea, Judge Alfred Goodwin, Judge Clifford Wallace, Judge Procter Ralph Hug, Judge Mary Schroeder, Judge Joseph Farris, Judge Harry Pregerson, Judge Dorothy Wright Nelson, Judge William Canby, Judge Diarmuid O’Scannlain, Judge Edward Levy, Judge Stephen Trott, Judge Ferdinand Fernandez, Judge Andrew Kleinfeld, Judge Michael Daly Hawkins, Judge Wallace Tashima, Judge Barry Silverman, Judge Raymond Fisher, Judge Richard Clifton, United States Court of Appeals for the Ninth Circuit, 9th Circuit Court of Appeals

 Cleveland State Law Review: Socioeconomic Bias in the Judiciary. 
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Location: Commission on Judicial Performance 455 Golden Gate Ave, #14400, San Francisco, CA 94102, USA

Wednesday, October 18, 2017

Public Pressure Compels CJP to Charge Contra Costa County Repeat Offender Judge Bruce Mills with New State Law Violations

California 1st District Court of Appeal Justice J. Anthony Kline, Justice James A. Richman, Justice Therese M. Stewart, Justice Marla J. Miller First District Court of Appeal California Justice Miguel M. Marquez -Contra Costa County Superior Court Judge Jill Fannin, Judge Steve Austin, Judge Bruce Mills, Judge Edward Weil, Superior Court of California County of Contra Costa - Chief Justice Tani Cantil-Sakauye
Contra Costa County Superior Court Judge Bruce Mills is facing two new charges of misconduct by the Commission on Judicial Performance.

The CJP is the controversial state agency responsible for investigating complaints of judicial misconduct and for disciplining judges.

From the East Bay Times report:
MARTINEZ — A Contra Costa judge with a history of ethics violations was charged with judicial misconduct that could warrant his removal from the bench, records obtained Tuesday show.
The two counts of misconduct include allegations that Judge Bruce C. Mills illegally doubled the sentence of a judicial rights advocate who Mills had found to be in contempt of court. Mills jailed the man for discussing his divorce online, a decision that First Amendment experts called, “outrageous” and a free speech violation.

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Location: Contra Costa County Family Court 751 Pine St, Martinez, CA 94553, USA

Thursday, October 12, 2017

Judge Authorized Bad Faith Use of Vexatious Litigant Law In Family Court Against Financially Disadvantaged, Unrepresented Parents

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Location: Alameda County Superior Court 24405 Amador St, Hayward, CA 94544, USA

Friday, February 24, 2017

Five Year Update: Santa Clara County Judges Responsible for Probate Court Scandal Remain Unpunished, Unaccountable

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Location: Santa Clara County Courthouse 191 N 1st St, San Jose, CA 95113, USA

Friday, January 13, 2017

Disqualification Motion Allegations Include Serial Code of Judicial Ethics Violations Against Judge James Towery

U.S. Department of Justice – Civil Rights Division – Civil Division - Criminal Division - Office for Access to Justice – Antitrust Division – Office of the Inspector General – Office of Professional Responsibility – Office of Privacy and Civil Liberties – Office for Victims of Crimes – Civil RICO – Meet the U.S. Attorney – The United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 - US Attorney Northern District of California - US Attorney Central District of California - US Attorney Eastern District of California - US Attorney Southern District of California - US Department of Justice Civil Rights Division - The United States Department of Justice - Attorney General of the United States - Judge James Towery Santa Clara County Superior Court - Hon. James E. Towery Santa Clara Superior Court Silicon Valley - Judge Patricia M. Lucas Santa Clara County Superior Court Executive Officer Rebecca J. Fleming - US Court of Appeals for the Ninth Circuit Judge Sidney Runyan Thomas, Judge Steven Reinhardt, Judge Alex Kozinski, Judge William Fletcher, Judge Richard Paez, Judge Marsha Berzon, Judge Consuelo Maria Callahan, Judge Carlos Bea, Judge Michelle Friedland, Judge Alfred Goodwin, Judge John Noonan 9th Circuit Court of Appeals
Judge James E. Towery
An exhaustive, 57-page motion to disqualify controversial Santa Clara County Judge James Towery recently was filed in a family law dissolution case. A court whistleblower provided a copy of the filing to Commission on Judicial Performance Report. The motion is embedded at the end of this post.

The motion includes allegations that Towery engaged in multiple violations of the California Code of Judicial Ethics, and conveyed gender and other forms of bias against Susan Bassi, the respondent in the divorce case. Court whistleblowers assert and have documented that flagrant gender bias against divorcing wives who helped start or run family businesses is common in the Silicon Valley family court system.

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Location: Family Justice Center Courthouse 201 N 1st St, San Jose, CA 95113, USA

Thursday, January 12, 2017

Mandated Reporter Series: Judge Duty to Report Attorney Misconduct for Failure to Disclose Adverse Law

Supreme Court of California Justice Tani G. Cantil-Sakauye, Justice Goodwin Liu, Justice Ming W. Chin, Justice Kathryn M. Werdegar, Justice Carol A. Corrigan, Justice Mariano-Florentino Cuellar, Justice Leondra Kruger California Supreme Court - California 6th District Court of Appeal Justice Conrad L. Rushing, Justice Eugene M. Premo, Justice Franklin D. Elia, Justice Patricia Bamattre-Manoukian, Justice Nathan D. Mihara, Justice Miguel Marquez, Justice Adrienne M. Grover Sixth District Court of Appeal California

Under state law, California judges are mandated reporters of attorney misconduct. Judicial Ethics Code § 3D(2), Business and Professions Code §§ 6086.7 and 6086.8, and California Rules of Court rules 10.609 and 10.1017 each require judges to report specific types of lawyer misconduct. The reporting duty is mandated by law, and is not discretionary.  

 One type of common attorney misconduct is the failure to disclose adverse law in presenting a matter in court. The failure to identify law adverse to an attorneys position in court filings and during oral argument violates the California Rules of Professional Conduct, Business and Professions Code, ABA Model Rules, and decisional law. The document set embedded at the bottom of this post includes these authorities. 

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Location: California State Bar 180 Howard St, San Francisco, CA 94105, USA