Tuesday, September 15, 2009

The Day The Rule Of Law Died............. By Richard I. Fine, A Guest Editorial

Los Angeles Superior Court Judge David P. Yaffe

This is a case where L A Superior court Judge David P. Yaffe admitted taking payments from L A County, which was a party to the case before him. Senate Bill SBX2 11, enacted February 20, 2009. confirmed that the L A County payments to Judge Yaffe are criminal acts. Judge Yaffe ordered Fine (me) to pay money to L.A. County and its co-applicant for an Environmental Impact Report (EIR). He held me in contempt when I challenged his authority to do so.

The decision of Justices Tashima and N.R. Smith to deny my unopposed motion to set me free pending the decisions on the appeal is both outrageous and against the recent precedents in similar motions in the Ninth Circuit. Not only are they keeping me incarcerated during the course of the appeal they have foreclosed my right to ask the other Justices of the Ninth Circuit to overturn them. They have removed the right to have their decision questioned and reviewed by “objective” decision makers. One has to question the underlying reasons for the removal of this right.

In the recent case of Orange County Sheriff Carona, who was convicted of a crime, the Ninth Circuit granted his unopposed motion to keep him free from incarceration pending the appeal from his conviction which was based, as was my motion, that we would win on appeal.

In my case, which is not a criminal case, my incarceration exists only while the case to decide if Judge Yaffe should have recused himself is pending. It is Judge Yaffe who committed the crime, not me. However, I am the one who is incarcerated, not Judge Yaffe.

I have challenged the right of Judge Yaffe to preside in the case through a Petition for Writ of Habeas Corpus. My petition was not contested. U S Supreme Court case law supports my position on the petition and in the appeal. See the case of Caperton v. A.T. Massey Coal Co., Inc., 556 US – (2009 556 US – (2009) decided June 8, 2009 and cases cited therein.

As an analogy, the California Rules of Court contain a rule regarding motions in appellate courts. Such rule states that when a motion is not opposed, it may be deemed that the non-opposing party consents to the granting of the motion. By not opposing my motion, Judge Yaffe and the L. A. Superior Court have effectively conceded that I will win the appeal. Given this concession, it appears that the actions of Justices Tashima and Smith are nothing more than “Judges trying to protect the criminal acts of other Judges.”

Here there is something terribly wrong. I have been incarcerated for six and a half months, since March 4, 2009. No one has opposed my motion to be set free by either the District Court nor the Ninth Circuit. No one has opposed my Petition for Writ of Habeas Corpus or the grounds therein. Judge Yaffe has taken criminal payments from L. A. County and then judged his own actions in violation of due process as set forth in U.S. Supreme Court Cases.

The Rule of Law has died at the hands of Justices Tashima and Smith. Hopefully it shall be revived by other Justices in the Ninth Circuit who decide the appeal.

1 comment:

  1. Dear Richard,

    What you are experiencing is painfully familiar to any self-represented litigant in the CA courts, perhaps in all courts of all states of the USA.

    No matter what you say in your pleadings, regardless of the existing statutory and case law, your pleadings WILL BE IGNORED by the CA judges. It's just the way it is. Judges DON'T HAVE TO care about the law because of their "judicial immunity", which DE FACTO is judicial impunity.

    Given judicial impunity, why in the world would a judge, the highest ruler of the land, care about the law and waste his precious time on reading your pleadings???? He would rather play golf or go fishing or socialize with other highest rulers at a private club.

    Of course, absolute impunity leads to atrophy of mirror neurons in the brain and, subsequently, to loss of conscience, accelerated dementia and anti-social personality disorder, but judges, naturally, don't care because they are already significantly demented and anti-social.

    Please continue to fight for your right to be a normal human being with conscience, self-respect, dignity and honor. You won't be able to live with yourself if you give up.

    Respectfully yours,
    Dr. Natalia A. Sidiakina