Monday, September 07, 2009

9th Circuit Orders Stay In Disbarment Case of Richard I Fine



Los Angeles, CA On Wednesday, September 2, 2009 Ninth Circuit Court of Appeals Commissioner Peter L. Shaw issued a Stay Order in the Disbarment case of Richard I Fine (No. 09-80130) pending his appeal of the U. S. District Court denial of his petition for a Writ a Habeas Corpus. The Order cited a "significant overlap between the discipline case and the issues raised by respondent's pending habeas petition Fine v. Sheriff of Los Angeles County (No. 09-56073)".

JUDGE FAILS TO RECUSE: NOW AN ISSUE
This New twist provides promising in the ten year ongoing saga of beleaguered Anti-Trust Attorney Richard I Fine who has been jailed for contempt of court indefinitely. Fine was jailed by L A Superior Court Judge David Yaffe on March 4, 2009 for refusing to comply with a court order which Fine claims was an illegal order imposed by a Judge who was receiving illegal payments from in interested party in the case before him. At his March 4, 2009 Superior Court sentencing hearing, (No. 109420) Mr. Fine attempted to disqualify Judge David Yaffe from sitting on the case, noting he had been receiving payments from L. A. County, an interested party in the case (Marina Strand Colony Homeowners Assn. vs. County of L.A.).

TRANSCRIPT OF COURT TESTIMONY
A transcript of Mr. Fine's court testimony, under oath is available at this URL: http://www.fulldisclosure.net/FineContemptTranscript3-4-09.pdf. Mr. Fine also cited the October 10, 2008 Fourth District Court of Appeals ruling in Sturgeon vs County of L.A. (No. D050802) that held the payments by the County to the Judge were illegal. A copy of the ruling is available here: http://www.judicialwatch.org/documents/2008/sturgeon-v-losangeles-ruling.pdf


REACTION FROM RICHARD I FINE:

  • "This is highly significant because the issues in the disbarment and the issues in the Writ are identical. The California Supreme Court disbarred me because I brought federal civil rights cases against the judges because they were taking illegal, criminal and unconstitutional payments from the county. "
  • "The underlying issue is whether the Judges were denying people due process because they were taking money from the county. And, we know that the money they were taking from the county was unconstitutional under the Sturgeon case and it was criminal under Senate Bill SBX2 11 and we know those actions were a denial of due process of under the various U S Supreme court cases from 1927 through 2009."

  • "So in the end when the 9th Circuit will decide that it was a denial of due process for Judge Yaffe to have received illegal, criminal and unconstitutional payments from the county, a party to the case. This decision will control the disbarment proceeding. "

  • "There is further significance because four of the six California Supreme Court Justices who refused to review the Disbarment case and thereby caused the disbarment also had received illegal, criminal and unconstitutional payments from the counties and the other two Supreme Court Justice are members of Judicial Council who wrote the Senate Bill SBX2 11. (Retroactive Judicial Immunity from Criminal and Liability Prosecution) "These justices should have recused themselves from the disbarment case and by not doing so denied me due process under the US Supreme Court’s cases."

RELATED EVENTS:

  • August 12, 2009: Ninth Circuit Court Justice Andrew J. Kleinfeld restores Richard I Fine's rights to appeal the U S District Court order denying Certificate of Appealablity "with prejudice" on the issue of whether or not the Trial Court Judge David Yaffe should have recused himself.

  • August 31st, 2009: Richard I Fine filed an opening brief with the Ninth Circuit Court of Appeal raised the issue of having been denied due process by L A Superior Court Judge David Yaffe who had refused to recuse himself from the case after having received illegal payments from a party involved in the case and that he himself was a party involved in the contempt case.


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