From: richardfine@richardfinelaw.com
Subject: Legislation to Amend SBX 2 11 Requested to Be Sponsored by Senator Leno and Assemblymember Blumenfield
Date: April 19, 2013 12:08:48 PM PDT
To: arnie <at> arnierosner.com, richardfine <at> richardfinelaw.com

Dear Arnie:

Attached hereto please find: (1)
a cover letter to Chairmen Leno of the California Senate Budget and Finance Committee and Chairman Blumenfield of the California Assembly Budget Committee; (2) Legislation to Repeal Section 2 of SBX 2 11 and Amend Sections 5 and 6; and (3) a short resume.

As you are aware SBX 2 11, Section 2 extended the illegal payments to "current" judges from counties and courts in 2009 after such were held to violate California Constitution Article 6, Section 19. The 6 year elected terms of these judges are now over and Section 2 is moot. It needs to be repealed to avoid any confusion.

Section 2 also stated that the counties "may elect" to pay all the judges on the court. These payments are illegal both under California Constitution Article 6, Section 19, as held in the decision of  Sturgeon v, County of Los Angeles, 167 Cal.App.4th 167 (2008) Review Denied 12/23/2008, but under California Criminal law and federal criminal law and should not be in the statute.

Section 5 of SBX 2 11 gave the judges who received the illegal county and/or court payments and the county supervisors who made the payments retroactive immunity from criminal prosecution, civil liability and disciplinary action, without forcing them to resign.

SBX 2 11 was passed with only 3 dissenting votes in the entire Legislature. Since it acknowledged that the payments were criminal in Section 5 by giving retroactive immunity from criminal prosecution, the vote  effective impeached, convicted and entered judgment for "misconduct in office" under California Constitution Article 4, Section 18 (a) and (b) against the judges who received the retroactive immunity.

90% of the approximate 2,000 judges in California received the illegal payments and the retroactive immunity. They presided over cases in the following areas of law:
(1) administrative law cases; (2) child custody and family law cases; (3) class action cases; (4)  conservatorship and elder cases; (5) constitutional law cases; (6)  contract cases; (7) criminal cases; (8) death, estate, guardianship and probate cases; (9)  eminent domain cases; (10) environmental cases; (11) government abuse of power cases; (12) personal injury cases; (13)  property cases; (14) regulation cases; (15) tax cases; (16) traffic cases, and (17) zoning cases, amongst others.

Over $350 million was paid to the judges in illegal payments. All of their decisions, orders and judgments in cases or appeals which a county who paid these judges who presided over the case or appeal was either a party, a witness or interested in the result of the case or appeal, were void and null because the actions of the county and the judges were a "fraud upon the court" under U.S. Supreme Court and California precedent.

The judiciary, the Commission of Judicial Performance, the Attorney General and the District Attorneys did nothing to enforce the relevant laws and the judges refused to disqualify themselves from cases even though they were required to do so under law.

The result is that for the last 25 years California has suffered with a corrupt judiciary and the citizens have not had any constitutional rights of due process or access to the courts.

This legislation will change the situation. It will amend Section 5 of SBX 2 11 to remove all judges who received county and/or court payments and retroactive immunity from judicial office and preclude them from ever holding another office. It will also remove the county supervisors
who paid the judges the illegal payments and received retroactive immunity from office and preclude them from holding another office.
 
It will also preclude any judge who received or is receiving county or court payments, but did not receive retroactive immunity, from presiding in the county which gave the judge the payments or presiding over any case in which such county is a party, witness or has an interest in the case. These latter judges are also subject to criminal prosecution since they do not have immunity.

The Legislation also amends Section 6 of SBX 2 11 to require the Judicial Council to make annual reports to the  Legislature on which counties and courts are making illegal payments.

The Legislature can pass this Legislation as part of the Budget Act since SBX 2 11 was a Budget Trailer bill in 2009.

I urge you to send these documents to all of your friends and organizations with the request that each of them e mail every California Senator and Assembly Member and

 "urge each Senator and Assembly Member to co sponsor and vote to enact the Legislation proposed by Richard I. Fine, PhD, Chairman of the Campaign for Judicial Integrity to Amend SBX 2 11."

I also request that you urge each of your friends and organizations to make this "go viral" by posting the "request", the cover letter, the Legislation and the resume on facebook, talking about the campaign and legislation on twitter, doing you tube stories, doing petitions, calling newspapers and TV Stations and giving them the story, and most important letting the Senators and Assembly Members know that there are more voters wanting this Legislation enacted in each of their districts than the handful of judges and their friends  who may be against it.

All this can be accomplished without a person leaving their "arm chair". This can be accomplished by taking  advantage of all of the benefits of the use of "social media" and the power of communicating with our representatives by e mail and any other advanced method which will attain their attention.    

This is an opportunity to achieve a real victory, remove corruption, and restore the judicial system and our constitutional rights.

This action does require people to donate money. It only requires people to send their e mails and organize their friends and organizations to send e mails supporting the legislation, get on facebook, linked in, talk on twitter, call into radio and TV shows and anything else they wish.

Almost everyone has had a bad experience due to a judge being "biased" and making decisions, orders and judgments in favor of counties or favoring the counties' interests. Now we know the reason.  Now we can do something about it. Now we can achieve a honest judiciary who is not receiving illegal payments. 

The only opposition we have are the corrupt judges who received criminal payments and who want to keep their jobs. There are only 2,000 of them.  They do not have enough manpower or individual resources to combat us. If they illegally use State resources, we will make it public and prosecute them criminally for misuse of public funds.  

When each Senator and Assembly Member realize that the strength of the voters supporting the Legislation is so great that they may not re elected them unless they support this Legislation, they will "do the right thing".

Remember Margaret Mead: "
Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has."

We do not need to change the world, we do not need to "change the world", we only need to make the California judicial system honest for 38 million people.

Now is the time for us to exercise our power and take back our judicial system. The simple question is: Are you willing to achieve a victory?
   
Regards,
Richard