Sunday, July 11, 2010

Judge Under Fire To Retire? Contempt Case Heats Up: Judge Yaffe vs Richard I. Fine

Judge David P. Yaffe


Los Angeles, CA Full Disclosure Network has learned that Superior Court Judge David Yaffe plans to step down from the bench in October 2010, prior to the expiration date of his elected term of office. The reasons? Presumably by retiring early the Governor will have an opportunity to name his successor rather than having a contested election to fill the spot. But there are other possible reasons for Judge Yaffe's decision, not the least of which could be the long grueling case of jailed anti-trust attorney Richard I. Fine. Yaffe ordered Fine to be held in solitary "coercive confinement for contempt of court indefinitely, without bail, without a hearing and without a release date.

CATCH 22 KEEPS FINE IN JAIL
The Judge's Order stated that Fine would not be released from jail until he appeared at a Debtors Hearing in Deptartment 1A and provided the court with information regarding his assets. Fine had contended he would not answer the questions until he had exhausted all his appeals as the Judge's order was void and illegal. The Court had apparently set a Debtor Hearing date of June 14, 2010. As the date neared a volunteer for Richard Fine attempted to arrange with the Court and Sheriff Baca's office for transportation to the Court. Janette Isaacs related in this Email that both the Court and the Sheriff refused to transport Dr. Fine to the hearing. She was told that "budget cuts" prevented them from providing the transportation. Read her Email report to Full Disclosure as to what happened.

COMPLAINT FILED
On June 30, 2010 Richard I. Fine lodged a formal complaint with the California Commission on Judicial Performance against Judge Yaffe. Below is an excerpt with the points raised in the complaint the entire document is available at this URL:


EXCERPTS FROM COMPLAINT
Demand for Immediate Removal of Los Angeles Superior Court Judge David P. Yaffe

Los Angeles Superior Court Judge David P. Yaffe engaged in fraud upon the court, obstruction of justice, misappropriation of funds, bribery, violation of Code of Judicial Ethics Canons 4D(1), 3E(2), 3E(1) and 2, violation of CCP § 170.1(a)(b)(A)(iii), violation of California Constitution Article 1; §§ 7 and 15 (due process) and section 3 (Petition Government for Redress of Grievances, violation of U.S. Constitution Fifth Amendment and Fourteenth Amendment (due process), First Amendment (Petition the Government for Redress of Grievances) and Article II, Clause 2 (Supremacy Clause), violation of the “Intangible Right to Honest Services (18 U.S.C. § 1346, and violation of his oath of office, in his actions in the case of Marina Strand Colony II Homeowners Association v. County of Los Angeles, LASC Case No. BS 109420 (Marina Strand case) and its ancillary contempt proceeding against Richard I. Fine (FINE).


The Marina Strand case was a writ of mandate proceeding brought to invalidate the County Board of Supervisors May 15, 2007 illegal certification of an environmental impact report (EIR) applied for by Los Angeles County and its co-applicant Del Rey Shores Joint Venture and Del Rey Shores Joint Venture North (collectively Del Rey Shores) to re-develop the Del Rey Shores Apartment Complex in Marina Del Rey, California from 200 plus units to 500 plus units extending five stories high with “sails” on the roof resulting in the buildings rising to approximately 100 feet above the ground level of the surrounding two story buildings . The proposed redevelopment also increased the parking spaces from 200 plus to 1,000 plus.

I. Judge Yaffe Committed “Fraud Upon the Court” By Presiding Over the Marina Strand Case While Having Received Illegal Payments From Los Angeles County and Not Having Disclosed Such Thereby Voiding All of His Actions.

II. Senate Bill SBX 211’s Retroactive Immunity is Limited to Just the Payments of the County Benefits to the Judges and Nothing More by its Terms.

III. Judge Yaffe Deliberately Lied in a Court Document

IV. Judge Yaffe Violated CCP Section 170.3(c)(4) by Refusing to Leave the Marina Strand Case After he was Disqualified and by Refusing to Send the File to the Presiding Judge for Re-Assignment.

V. From the Outset of the Marina Strand Case Judge Yaffe Violated Canons 4D(1), 3E(2), 3E(1)2 and CCP Section 170.1(a)(b)(A)(iii) by Taking the Los Angeles County Money, Not Disclosing Such and Not Disqualifying Himself.

VI. Judge Yaffe Violated CCP section 1216.

VII. Judge Yaffe Violated Federal and State Due Process, His Oath of Office and the Supremacy Clause of the U.S. Constitution by Judging his Own Actions in the Contempt Proceeding Ancillary to the Marina Strand Case.

VIII. By Taking Payments From Los Angeles County Which Were also Illegal and “Bribes” Judge Yaffe Violated Federal and State Constitutional Due process

IX. Judge Yaffe Violated Due Process by Holding Fine in Contempt and Ordering him and Keeping him in “Coercive Confinement” Without a Hearing. X. Judge Yaffe’s Actions are Not an Isolated Incident But a Continuing Course of Conduct that Mandates his Removal.

CONCLUSION OF COMPLAINT:
Judge Yaffe is the “tip of the iceberg” of the largest judicial scandal in American history. In Los Angeles County alone, approximately $300 million of illegal payments have been made to Los Angeles Superior Court judges from Los Angeles County since the late 1980’s.

Illegal payments have been made to superior court judges in 55 of the 58 California counties. Approximately 90 percent of the court of appeal justices received illegal county payments when they were superior court judges. Based on their biographic records, five of the seven California Supreme Court judges, including the Chief Justice, received illegal county payments when they were superior court judges.

All of these superior court judges, court of appeal justices and superior court justices received retroactive immunity as of May 21, 2009 from civil liability, criminal prosecution and disciplinary actions for the illegal county payments. They did not receive immunity for failure to disclose the payments, “fraud upon the court”, federal criminal acts such as violating the Intangible Right to Honest Services – 18 U.S.C. 1346, violating federal and state constitutional due process and the right to petition the government to redress a grievance.

At the present time California has “the best judiciary that money can buy”. The corruption of the California judiciary due to the illegal county payments exceeds that of any country in the world as it affects over 90 percent of the judges and justices.

The commission must remove Judge Yaffe and then remove every other judge and justice who has taken illegal county payments until the integrity of the judiciary is restored.
Until such time, no Californian will receive a “fair trial presided over by an impartial judge.”

I, Richard I. Fine, declare under penalty of perjury under the laws of the State of California that the foregoing facts are within my personal knowledge and if called to testify, I could and would competently testify thereto.

Executed this ___ day of June, 2010, at Los Angeles, California.

4 comments:

  1. US v. Stewart 234 f. supp 94 (1964) if a US government officer acts in violation of the constitution, he ceases to represent the government.
    Title 5 US Code sec. 556(d), 557, and 706. Courts loose jurisdiction if they don't follow due process of law.
    Also, Boyd v. United States 116 USR 616.Can't use a mans private papers against him. (5th amendment)
    Judge Yaffe has been impersonating a judge for over a year, what's he going to "retire" from?

    ReplyDelete
  2. The fact that this issue continues to go on and on, proves the deep corruption in our system. The underlying case is a model for a quid pro quo case against the L.A. County Board of Supervisors. That is really what we're talking about here. Attorney General Jerry Brown refused to pursue this aspect of this case as have other branches of government. Why? This case is a perfect example of why Brown should not become Governor. His refusal to investigate and prosecute this case is totally unacceptable. The corruption must stop!

    ReplyDelete
  3. This is just one symptom of why I retired from the LAPD after only 20 years of service (1980-2000).

    How does one arrest common crooks and gangsters when you work with and for politicians and judges like these? The problem isn't goons like these, but the acquiescent peers and the media that quietly stands by and does nothing.

    Like many, I look forward to the collapse of unions and the union-controlled politicians who've held LA and California residents hostage for so long. This will continue until Angeleno and California voters feel enough pain. They clearly haven't - YET. That day will come!

    ReplyDelete
  4. These are small $ numbers compared to the trillions vanished from the Pentagon and not investigated by Rumsfeld before Sept 11, 2001.

    Minuscule considering Bernanke distributed $15 trillion to "100's of banks with access to the Federal Reserve"...which banks? Bernanke refuses to answer.

    We will look like the favalos in Brazil. The rich living in gated communities while the masses survive as best they can in cities ruled by gangs.

    18 months in solitary...how does one compensate all that stolen time? I trust God will grant Dr. Fine an extension to cover time lost incarcerated. (wink)

    ReplyDelete