Judges refuse to show up to public hearing discussing court problems and abuses

It has been said that Marin Court critics undermine confidence in the judiciary process, but the truth is that corrupt practices by the judges and DA is what undermines the publics trust in them.

For many years Marin County judges have refused to address problems parents have faced in the family court, showing their ongoing bias and arrogant disregard for the law and Constitutional Rights. Victims of these judicial abuses are not going to be silenced. Failing to show up to hear what the public and professionals have to say about it, is just another example of the ongoing presumption that they can get away with any behavior they so chose, even if it is illegal. Valerie

Marin Independent Journal article of Sept 29, 2006
http://www.marinij.com/marin/ci_4416713


Judges, court officials skip forum
Nancy Isles Nation

Founders of a nonprofit organization determined to bring accountability to the Marin courts want judicial officials to pay attention to concerns of the public - even if they choose not to participate in public forums.

At a meeting Wednesday, a panel of legal experts assembled by the Center for Judicial Excellence discussed the county courts and what residents can do to assure fair treatment in the legal system.

An audience of about 150 learned that judges and court personnel invited to attend the forum chose not to - and panelists noted their absence.

"I would imagine they are going to hear about it," said Alameda Superior Court Judge Kevin Murphy of Mill Valley. "They are going to be aware of it. The fact that you are talking about it if it doesn't get their attention, they will hear about it."

Panelist Victoria Henley, director of the California Commission on Judicial Excellence, said judicial officers often have concerns about making comments in public.

"The judicial code prevents judges from being involved with public clamor," Henley said. "Collaboration is a very recent phenomenon."

Collaboration is just what the Center for Judicial Excellence has in mind. The recently formed organization has gathered public documents, including a 2002 audit of the Marin Superior Court that included critical observations about its operations.

Questions from the audience included one on a sensitive subject in Marin -a concern that judges favor men in child custody cases even if the wife asserts that her husband is a batterer. Fairfax Town Councilwoman Mary Ann Maggiore submitted a question on the topic.

Judge Murphy said that in Alameda County, batterers do not receive favorable treatment and that prosecutors and judges take domestic violence seriously.

Panelist Barbara Kauffman, a Marin family-law attorney, asserted that is not the case in Marin.

"In the family law system, it's not treated as a crime, it's treated as a family matter," Kauffman said, adding that advisers routinely order joint custody to batterers. "It's a problem in Marin, I have to say."

Kauffman suggested that anyone entering the family-law court with claims of domestic violence seek assistance from advocacy groups such as Marin Abused Women's Services.

Kauffman also suggested that litigants look into public disclosures by judges so they know which lawyers have contributed to their election campaigns and where they have financial interests.

Henley was asked whether the California Commission on Judicial Excellence had disciplined a Marin judge - but said she could not say whether any had been sanctioned privately.

"I am not aware of any public discipline in the last 10 years," Henley added.

Contact Nancy Isles Nation via e-mail at civiccenter@neteze.com

Tips and Pointers for moms who may face incarceration

I am offering some practical advice for any mom who may be worried about arrest. I believe that many more protective moms will be jailed before these injustices are stopped. What I can do is tell you what I learned when I was jailed in Nov. 2001 and it is best to be prepared way ahead of time. Be fearless and get these things ready before going to court...

Clip nails and shave underarms and legs if necessary since they won't allow you to have clippers in jail.

Need a haircut and conditioner for your hair? Do it now.

If you can get some cash for your purse, do so and then have them add some of it to your account so you can buy commissary items. Leave enough in coins and bills in your purse for phone calls and taxi if needed when they let you out as it may be very
late at night.

Be aware that it is a common practice to let women out on the streets in a rundown downtown area between 2-4am, supposedly that is a low impact time on the jail staff, but to me it seems set up to cover up.

Empty purse of anything that is not essential since they will look at everything.

Bring a list of names, addresses and phone numbers to add to your approved contact/visitor list and make sure they are included otherwise you may be denied contact with the outside. Tell supporters that you will have to make collect calls and approximately when to expect them.

Immediately ask supporters to contact the jail about visits and getting mail to you,
get your jail ID number and then have them post online so we can inundate the jail with mail supporting you.

Bring bottles with meds so you can show jail medical personnel and they have to aid you in keeping up with your prescriptions, otherwise note it to bring up in court later as a violation of your rights.

Have a bra with underwires? Remove them or else your bra will be taken away.

It is illegal to require you to submit to a cavity search so if they try to do it to you, call them on it. The law says they can only do it if they suspect you of having drugs or weapons up your vagina or butt, and only if it ties in with your charges. The matron will back off if you explain why you are being arrested, and ask her to look at the paperwork to verify. It is usually done to humiliate you to the extent that they want to make you feel powerless and inhuman.

Smile for the camera and ask that they take your mug shot before you have to shower otherwise they will want to take your pic while your hair is a wet mess for the same dehumanizing reasons. They will also try to give you clothing that is 3X too big or small. Same reasons.

Remember that most of the women in jail are basically good people who made mistakes. They are not the enemy and are going thru tuff times too, so don't take anything personal that may be said. Most will be friendly especially when they find out why you are in jail. Offer them help if they have custody problems and be sensitive to their own charges, many are there because they are involved in drugs and may have lost their children due to that. Allow them to feel that you are on the same level as they are, and not special since you didn't have to commit a crime to have been arrested. Mainly they just want to feel that they are victims of circumstances that got out of control too.

It is not like in the movies and lesbians know who the other lesbians are and they are not going to attack a straight woman and force her to have sex. Mostly they are friendly and stick together, minding their own business.

Clicks form just like in High School. The new people are constantly changing so you will have no problem finding a place to sit or someone to sit with. You will be able to tell the long term incarcerated women because they have a set routine and stick to their own small group, usually they have jobs as trustees.

Eat some food otherwise you will be isolated in a cell and then forced to eat. I was told that if you have allergies or dietary restrictions you can ask and receive special meals. Most jail food is not great and sort of like what you received in the elementary school cafeteria- bologne, fresh fruit, milk, corn bread and beans etc. Salads are rare. Usually as a new inmate you will be invited to sit with other women who will be happy to take your extra food since many druggies are starving and can't eat enough. Don't let the deputies see you giving away the food, make it look as tho you are eating no matter what.

Be kind to the staff and they will be kind to you, with very few exceptions.

If there is any support group, join it. Allies will be found in the church groups and parenting classes, valuable allies mostly being the instructors and ministers that come in from the outside.

Jail is not going to be fun, but they will not harm you either. It is mostly boring and then there are moments that you will face some sort of humiliating acts such as late night police training raids where they force you out of bed and tear up your
cell looking for drugs and weapons, and at that time they will look at all of your court papers to see what you are working on, and in some mothers' cases, they have taken the paperwork as "contraband", which means that they are worried about it being used against the court. Make sure there are copies available to be delivered to you.

Complaining to the judge won't get you anywhere as I believe they encourage or order these thefts.

Marin County, CA Superior Court corruption investigation

Target: Alberto Gonzales, US Attorney General, U.S. Department of Justice

This petition is to request a special investigation by Attorney General Alberto Gonzales into the ongoing corruption in Marin County, CA superior court.

US AG Special Litigation Section has authority to investigate state and local law enforcement agencies and is authorized to take action if there is a pattern or practice of illegal conduct.

CONSPIRACY AGAINST RIGHTS
Section 241 of Title 18 is the civil rights conspiracy statute.

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States

In July 2005 California AG Bill Lockyer’s released findings by his Domestic Violence Task Force that determined the criminal justice system is failing to enforce DV laws.

1) Marin County, CA judges have a long history of denying orders of protection for victims of DV and child abuse, routine denial of all evidence and witnesses when the accused party fails to show up for the restraining order hearing. In cases involving child custody and domestic violence, sole custody or unsupervised visitation have been given to the perpetrators of abuse in direct conflict of child welfare and DV laws.

2) Ex-parte, secret, in-chambers meetings between the abuser, his attorney and the judge are used to change custody to the abuser. Ex-parte hearings are not allowed unless proper notice is given to the opposing party and she or a legal representative is present. Fraud Upon the Court can occur when any order is made under these circumstances, the order and subsequent orders made that rely upon the illegal order are invalid and not enforceable.

3) Conspiracy to obstruct justice happens when officers of the court assist each other to cover evidence of criminal activity committed by judges, attorneys and perpetrators of abuse. Conspiracy can occur when confidential court files are missing evidence that was supportive of the abuse or violence, as well as when psychiatric, psychological, medical, school and police reports are illegally removed from the files, motions for discovery denied, due process is ignored.

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