Wednesday, September 09, 2009

Criminal Immunity For California Judges & Government Officials ?



Hon. Attorney General Edmund G. Brown, Jr.
Susan Duncan Lee, Opinion Supervisor
California Department of Justice
455 Goldengate Ave. #1100
San Francisco CA 94102-7004


Hon. Attorney General Edmund G. Brown, Jr.:

Attached is a copy of the California Appellate Court decision People v. Sperl(1976) 54 . Cal.App.3d 43; and we are asking for the Attorney General's determination (opinion) as to whether or not the embezzlement of public funds as described in this case under Pen. Code, § 424 and any other sections of the penal code are enforceable in the circumstances described in SBX2 11 in Sections 5,6,7 regarding government officials and California Judges.

Specifically we need to know whether the adoption of the statute (Senate Bill SBX2 11), without being placed in the government code is sufficient to confer immunity on government officials and California Judges particularly for payments made after July 1, 2008 where immunity may not necessarily apply.

Provision Missing From Government Code:
"This bill would provide that no governmental entity, or officer or
employee of a governmental entity, shall incur any liability or be
subject to prosecution or disciplinary action because of benefits
provided to a judge under the official action of a governmental
entity prior to the effective date of the bill on the ground that
those benefits were not authorized under law. "
Full Disclosure Network contacted the Office of Senator Daryl Steinberg, sponsor of Senate Bill SBX2 11 to determine if the missing sections that address immunity for judges and government officials is located elsewhere in the Code and were informed that those sections were not codified and therefore not necessary to have been included in the California Codes.

Your prompt response is appreciated,
Leslie Dutton
Producer
Full Disclosure Network
337 Washington Blvd. #1
Marina del Rey, CA 90292
310-822-4449
http://www.fulldisclosure.net/

cc:
Teri Whitcraft ABC 20/20
Partick McDonald, L A Weekly
Ron Kaye, ourla.org
Dan Walters, Sacramento Bee
Troy Anderson, Daily News
Roger Grace, Met News
Dave Houston, Daily Journal
Matt Lait, L A Times
Victoria Kim, L A TImes
Amy Chance, Sacramento Bee
Elizabeth McMahon, AHRC News
Andre Coleman, Pasadena Weekly
Richard Binder, Incisive Media
Kenneth Ofgang, Met News

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