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14 January 2014
SHORTCUTS TO POPULAR
SUBJECTS AND POSTS
Judge Thadd Blizzard Misconduct: Court Order Authorizes Unlawful Child

Abduction for Judge Pro Tem Attorney Richard Sokol
JUDICIAL MISCONDUCT
(63)
JUDGE PRO TEM
(49)
Judge Thadd Blizzard Approves Illegal Out-of-State

Child Relocation for Temporary Judge Lawyer
Richard Sokol - Opposing Attorney Stunned
ATTORNEY MISCONDUCT
(35)
Tuesday Document Dump
SCBA
(22)
A leaked court reporter transcript

obtained by Sacramento Family
Court News reveals that Judge
Thadd Blizzardlast November
retroactively endorsed an unlawful outof-state "move away" and child
abduction at the request of local judge
pro tem attorney Richard Sokol.The
unprecedented ruling went against
San Francisco attorney Archibald
Cunningham, who the transcript
reflects was dumbfounded by the
decision.
ARTS & CULTURE

(21)
The bizarre chain-of-events began

after Cunningham's client, Robert
Saunders, filed paperwork seeking
child visitation under an existing
temporary custody order. After the
San Francisco attorney and social justice advocate Archibald Cunningham was
visitation paperwork was lodged,
shockedwhen Judge Thadd Blizzard authorized an illegal child abduction for
Sokol's client, April Berger,
Sacramento Superior Court judge pro tem attorney Richard Sokol.
abruptlymoved to Hawaii with the
parents' twin daughters without the permission of the court.
To continue reading, and to view the complete court reporter transcript, click Read more >> below...
Under state law, a parent may not take children and relocate out-of-state without court approval before the move,
especially under a temporary custody order. A parent seeking to relocate must by law first seek court approval
for the move, and "the noncustodial parent still has standing to oppose the relocation" in court, according to
California Practice Guide: Family Law, the gold standard family law legal reference used by judges and
attorneys. Without prior court approval, an out-of-state move away is considered criminal child abduction if it
maliciously "deprives a person of a right to visitation," according toPenal Code 278.5(a). The criminal statute
alsospecifies that the retroactive,after-the-fact orderissued by Blizzard for Sokol "does not constitute a
defense" to the crime.
MATTHEW J. GARY
(33)
FLEC
(28)
CHILD CUSTODY
(21)
PETER J. McBRIEN
(20)
ROBERT SAUNDERS
(20)
WATCHDOGS
(19)
CHARLOTTE KEELEY
(18)
CJP
(18)
EMPLOYEE MISCONDUCT
(18)
PRO PERS
(18)
DOCUMENTS
(16)
DIVORCE CORP
(13)
JAMES M. MIZE
(12)
COLOR OF LAW SERIES
(11)
CONFLICT OF INTEREST
(11)
SATIRE
(11)
WOODRUFF O'HAIR
POSNER and SALINGER
(11)
JAIME R. ROMAN
(10)
LAURIE M. EARL
(10)
NO CONTACT ORDERS
(10)
SHARON A. LUERAS
(10)
WHISTLEBLOWERS
(10)
CARLSSON CASE
(9)
RAPTON-KARRES
(9)
CHRISTINA VOLKERS
(8)
FERRIS CASE
(8)
JESSICA HERNANDEZ
(8)
JULIE SETZER
(7)
YOUTUBE
(7)
State law, including California criminal jury instructions, indicate that Judge Thadd Blizzard and judge pro tem attorney Richard Sokol
may have been accessories after the fact to a criminal child abduction.
Sacramento Family Court "Hometowning" History
Cunningham's reaction to the outcome was similar to that of Stephen R. Gianelli, another San Francisco attorney
who previously was "hometowned" in Sacramento Family Court. Hometowning refers to local judges
givingpreferential treatment to select, local attorneys.Click herefor Gianelli's account of his experience as an
"outsider" attorney. Hometowning is consideredunethical and is prohibited by the Code of Judicial Ethics,
according to retired judge David Rothman, author of the California Judicial Conduct Handbook. Sacramento
Family Court reform advocates have documented that judge pro tem attorneys often receive kickbacks in the
form of rubber-stamped orders, and other forms of favorable treatment when representing clients in court in
exchange for operating the court's settlement conference program. Click here for SFCN coverage of temporary
judge controversies.
The transcript, case records, and a second transcript from a related, previous hearing also indicate that Blizzard
manipulated the proceedings through intentional misstatements and omissions of material fact in order to achieve
the outcome demanded by Sokol, conduct prohibited by the Code of Judicial Ethics. Family court watchdogs
assert that the collusion between full-time judges and judge pro tem attorneys deprives the public of the federally
protected right to honest government services, a racketeering crime under 18 USC 1346.
The Robert Saunders-April Berger case is one of fourSacramento County Family Court cases included in the
documentary film Divorce Corp, now playing in major U.S cities. The movie "exposes the corrupt and collusive
industry of family law in the United States," and portrays the Sacramento court system as the most corrupt in the
country. For our continuing coverage of the film, click here.
Click to visit Sacramento Family Court News on: Facebook, YouTube, Google+, Scribd, Vimeo, and Twitter.
For additional reporting on the people and issues in this post, click the corresponding labels below the
document:
3rd DISTRICT COA

(6)
CIVIL RIGHTS
(6)
CHRISTINA ARCURI
(5)
CONTEMPT
(5)
THADD BLIZZARD
(5)
FAMILY LAW FACILITATOR
(4)
LUAN CASE
(4)
CANTIL-SAKAUYE
(3)
MIKE NEWDOW
(2)
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ANALYSIS,
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BEVEREN,
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Location:
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Association
PR Brown 11 months ago - Shared publicly

Judge Misconduct: Hon. Thadd A. Blizzard Authorizes Unlawful Child Abduction for
Judge Pro Tem Attorney Richard Sokol
Judge Thadd Blizzard Approves Illegal Out-of-State Child Relocation for Temporary Judge
Attorney Richard Sokol - Opposing Attorney Stunned Monday Document Dump A leaked
court reporter transcript obtained by Sacramento Family Court News reveals that Judge
Th...
1 Reply
Sacramento County Bar Association Family Law Section Watchdog & Whistleblower
News via Google+ 8 months ago (edited) - Shared publicly
Sacramento
attorney Richard Sokol obtains after-the-fact order authorizing illegal, out-ofstate child move away from Judge Thadd Blizzard. San Francisco opposing attorney
stunned. Details at the link below:
#RichardSokol
1 Reply
Stephen Meehan 8 months ago

Ditto. My ex was living working in Monterey, had vacated her residence in
Massachusetts, and was under an expensive Maryland Custody Decree with shared
legal and physical custody. The Courts effectively gave her retroactive immunity, a
Read more
PR Brown 8 months ago

breakdown? We've got another post in the
Thanks for the comment: Systemic rule of law
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DOCUMENT LIBRARY
15 September 2013
SUBJECTS AND POSTS
Attorney Richard Sokol Fraud on the Court: Sworn Temporary Judges

Richard Sokol and Elaine Van Beveren Engage in Historical Revisionism Part 1
JUDICIAL MISCONDUCT
(63)
Judge Pro Tem Divorce Lawyer Richard Sokol Caught

on Transcript Making Demonstrably False Claim
About Illegal Arrest of Indigent, Disabled Litigant
JUDGE PRO TEM

(49)
ATTORNEY MISCONDUCT
(35)
MATTHEW J. GARY
(33)
FLEC
(28)
SCBA
(22)
The Historical Revisionism of Sworn Temporary Judges Richard Sokol and Elaine Van Beveren - Part 1
A Special News and Analysis Series by Pelican Briefed
ARTS & CULTURE

(21)
CHILD CUSTODY
(21)
One form of historical revisionism is

the illigitmate distortion of the historical
record such that certain events appear
in a more or less favorable light,
according to Wikipedia. The distortion
of history to deny historical crimes is
sometimes called negationism.
Historical revisionism is often
associated with after-the-fact
justifications for, or denial of war
crimes, such as the Holocaust and the
Armenian Genocide. Some countries
have laws making it a crime to
disseminate revisionist material, such
as Holocaust denial propaganda.
Revisionist tactics include deception,
denial and trivialization.
A court reporter transcript obtained by Sacramento Family Court News shows that the same tactics have recently
been used in Sacramento Family Court by judge pro tem attorneys Richard Sokol and Elaine Van
Beveren.Van Beveren currently also is an officer of the Sacramento County Bar Association Family Law
Executive Committee. The transcript records Sokol and Van Beveren disseminating subtle and overt falsehoods,
deceptions, denials and trivializations about the unlawful 2009 assault and arrest of indigent, disabled litigant and
family court watchdogRobert Saunders,in the courtroom ofJudge Matthew Gary. Both Sokol and Van Beveren
were eyewitnesses to the incident. In April, 2012 SFCN published an in-depth, investigative report on the debacle
and subsequent events, including the vindication of Saunders by two outside, independent judges.Click here to
read our report.
To continue reading, click Read more >> below...

The vindication, however, implicated both Van Beveren and Sokol for failing to report or otherwise take corrective
PETER J. McBRIEN
(20)
ROBERT SAUNDERS
(20)
WATCHDOGS
(19)
CHARLOTTE KEELEY
(18)
CJP
(18)
EMPLOYEE MISCONDUCT
(18)
PRO PERS
(18)
DOCUMENTS
(16)
DIVORCE CORP
(13)
JAMES M. MIZE
(12)
COLOR OF LAW SERIES
(11)
(11)
SATIRE
(11)
WOODRUFF O'HAIR
POSNER and SALINGER
(11)
JAIME R. ROMAN
(10)
action for Gary's misconduct. As sworn temporary judges, the two attorneys are bound by Canon 3D(1) of the
Code of Judicial Ethics - the ethical rules for judges -which requires them to "take or initiateappropriate
corrective action" when they know of misconduct by another judge. The rule is a critical, self-policing
component of the Code, intended to keep judge misconduct in check. Both Van Beveren and Sokol witnessed
Gary's misconduct, and both got away with doing nothing, a violation of Canon 3D(1).
Now, four years later, recent proceedings in the case suggest that the judge pro tem attorneys are attempting to
cover up their own prior misconduct and discredit the victim of Gary's actions by rewriting the history of the case.
Their strategy involves influencing the current judge assigned to the case through the use of false statements and
omissions of material facts about the original incident, and other unethical tactics. The case was, and continues to
be a definitive example of rampant family court corruption and the cronyism between private sector attorneys who
also hold the office of temporary judgeand are contracted to run the court's settlement conference
program,and full-time Sacramento County Superior Court judges, according to family court reform advocates.
LAURIE M. EARL
(10)
NO CONTACT ORDERS
(10)
SHARON A. LUERAS
(10)
WHISTLEBLOWERS
(10)
CARLSSON CASE
(9)
RAPTON-KARRES
(9)
CHRISTINA VOLKERS
(8)
FERRIS CASE
(8)
JESSICA HERNANDEZ
(8)
JULIE SETZER
(7)
YOUTUBE
(7)
3rd DISTRICT COA
(6)
CIVIL RIGHTS
(6)
CHRISTINA ARCURI
(5)
CONTEMPT
(5)
THADD BLIZZARD
(5)
Richard Sokol of the family law firm Sokol & Bristow LLP was recorded on transcript making a number of demonstrably false statements,
including this one, about the 2009 assault and arrest of Robert Saunders by Judge Matthew Gary and courtroom bailiff J. Strong. Judge
Thadd Blizzard has yet to report Sokol's misconductas required by Canon 3D(2) of the Code of Judicial Ethics.
(4)
LUAN CASE
(4)
CANTIL-SAKAUYE
(3)
MIKE NEWDOW
(2)
In the first installment of this series, SCBA Family Law Section attorney and judge pro tem Richard Sokol is
caught on transcript making the demonstrably false claim that Gary didnt have [Saunders] arrested; he had
him taken from court. Sokols claim is contradicted by court records, including the arrest report of Garys
courtroom bailiff and Sacramento County Sheriffs Department Deputy J. Strong.
J. Strong #423 was ordered by Judge Matthew J. Garyto take Robert Saunders into custody
for contempt of court. Deputy Strong advised [Saunders] that he was under arrest, reads the
police report.
The court reporter transcript with Sokols falsehood, along with the report of Deputy Strong are posted below. Under
state attorney ethics law, including Business & Professions Code section 6106, Sokols affirmative
misrepresentation is an act of moral turpitude and constitutes a cause for disbarment or suspension from the
practice of law. Virtuallyany form of attorney dishonesty or deception, including a half-truth, or the omission of
material facts, is the equivalent of an outright lie, according to the State Bar. In addition, an attorney who
intentionally deceives a court or any party is subject to misdemeanor criminal prosecution under Business and
ProfessionsCode 6128.
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California state law designates deceit by an attorney intended to deceive a court as a misdemeanor crime. Court watchdogs assert that
the law goes unenforced in family court proceedings.
For other State Bar references defining and prescribing the punishment for Sokol's misleading statement, visit the
SFCN Attorney Misconduct page. Click here. Sokol made several additional demonstrably false statements at
the same court hearing. Click here to view other articles in this series.
For additional reporting about the people and issues in this post, click the corresponding labels below the
document.
J. Richard Sokol Moral Turpitude False Statement in Court - Sokol by Sacramento Family Court News
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ANALYSIS,
ELAINE VAN BEVEREN,
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25 October 2013
SUBJECTS AND POSTS
Divorce Lawyer J. Richard Sokol Misconduct: Caught in Cover Up of Judge

Matthew Gary Abuse of Authority-Illegal Arrest Order, Engages in
Historical Revisionism - Part 2
JUDICIAL MISCONDUCT
(63)
Judge Pro Tem Lawyer Richard Sokol Gives False

Testimony, Blames Victim for Judge Matthew Gary
Misconduct and Abuse of Disabled, Unrepresented
Pro Per Litigant
The Historical Revisionism of Sworn Temporary Judges Richard Sokol and Elaine Van Beveren - Part 2
A Special News and Analysis Series by Pelican Briefed
JUDGE PRO TEM

(49)
ATTORNEY MISCONDUCT
(35)
MATTHEW J. GARY
(33)
FLEC
(28)
SCBA
(22)
ARTS & CULTURE
(21)
CHILD CUSTODY
(21)
PETER J. McBRIEN
(20)
A court reporter transcript obtained by

records divorce attorney Richard
Sokol making demonstrably false
statements at a court hearing before
Judge Thadd Blizzard. Sokol's
apparent motive was to demonize and
discredit the opposing party in a family
court child custody dispute. Sokol is a
Sacramento County Superior Court
sworn temporary judge and
Sacramento Bar Association Family
Law Section member.
Sokol is caught on court reporter

transcript giving a false account of a
This is Part 2 of our series "The Historical Revisionism of Sworn Temporary Judges
prior court hearing before
Richard Sokol and Elaine Van Beveren." To view Part 1, click here.
controversial Judge Matthew Gary
in the same case. At the previous hearing, Gary had Robert Saunders, the unrepresented, pro per opposing party,
arrested and jailed for contempt of court. Saunders also was charged with resisting arrest by Gary's courtroom
bailiff, Sacramento County Sheriff's Department Deputy J. Strong. As Sacramento Family Court News
reported in 2012, two outside, independent judges who later reviewed the incident found that Gary was at fault,
and cleared Saunders of all charges.Gary was involuntarily disqualified, and banned from hearing further
proceedings in the case by San Joaquin Superior Court Judge Xapuri Villapudua.
To continue reading, click Read more >> below:
More than three years later in open court, judge pro tem lawyer Richard Sokol gave a fabricated dramatization of
ROBERT SAUNDERS
(20)
WATCHDOGS
(19)
CHARLOTTE KEELEY
(18)
CJP
(18)
EMPLOYEE MISCONDUCT
(18)
PRO PERS
(18)
DOCUMENTS
(16)
DIVORCE CORP
(13)
JAMES M. MIZE
(12)
COLOR OF LAW SERIES
(11)
(11)
SATIRE
(11)
WOODRUFF O'HAIR
POSNER and SALINGER
(11)
JAIME R. ROMAN
(10)
LAURIE M. EARL
(10)
the incident to Judge Thadd Blizzard:

"I was within one foot of the -- of Mr. Saunders. He was acting out of control. The judge asked
him no fewer than five times to leave. It was over; he refused to leave. If anybody wants to talk
to the bailiff, who was finally standing next to him saying, come on, it's time to go. He started
wrestling with that bailiff. Another bailiff had to come from another court, leaped across the
table to pin him down. This was a fight in court, caused not by Judge Gary, and Judge Gary
correctly had him removed," Sokol claimed to Blizzard.
NO CONTACT ORDERS
(10)
SHARON A. LUERAS
(10)
WHISTLEBLOWERS
(10)
CARLSSON CASE
(9)
In reference to the subsequent review and disqualification by Judge Villapudua, Sokol also falsely claimed that Gary
did not file a response to the request for disqualification filed by Saunders, and that that was why Gary was
disqualified by Villapudua. "The problem is that he, Judge Gary, did not file a responsive thing to his filing
down the road," Sokol lied. To view Gary's "responsive thing," filed in Sacramento County Superior Court, click
here.
RAPTON-KARRES
(9)
Sokol likely had a second motive for

giving a false account of the
incident: The subsequent vindication
of Saunders implicated Sokolfor
failing to report or otherwise take
corrective action for Gary's
misconduct. As a sworn temporary
judge, Sokol is bound by Canon 3D(1)
of the Code of Judicial Ethics - the
ethical rules for judges -which
requires all judge pro tems "take or
initiateappropriate corrective
action" when they know of
misconduct by another judge. The
rule is a critical, self-policing
component of the Code, intended to
keep judge misconduct in check.
Sokolwas an eyewitness to Gary's
misconduct and did not report the
incident, a violation of Canon 3D(1).
JESSICA HERNANDEZ
(8)
CHRISTINA VOLKERS
(8)
FERRIS CASE
(8)
JULIE SETZER
(7)
YOUTUBE
(7)
3rd DISTRICT COA
(6)
CIVIL RIGHTS
(6)
CHRISTINA ARCURI
(5)
CONTEMPT
(5)
THADD BLIZZARD
(5)
(4)
LUAN CASE
(4)
Judge pro tem attorney Richard Sokol falsely claimed that JudgeMatthew Gary
did not submit a response to a disqualification challenge filed by disabled
family court litigant Robert Saunders.
Now, four years later, recent proceedings in the case suggest that one of Sokol's objectives isto cover up his own
prior misconduct and discredit the victim of Gary's actions by rewriting the history of the case. The strategy involves
influencing the current judge assigned to the case through the use of false statements and omissions of material
facts about the original incident, and other unethical tactics. The case was, and continues to be a definitive
example of rampant family court corruption and the cronyism between private sector attorneys who also hold the
office of temporary judgeand are contracted to run the court's settlement conference program,and full-time
Sacramento County Superior Court judges, according to family court reform advocates.
The court reporter transcript memorializing Sokols falsehoods, along with the accurate account of what occurred
are posted below. Under state attorney ethics law, including Business & Professions Code section 6106,
Sokols affirmative misrepresentations are acts of moral turpitude and constitute a cause for disbarment or
suspension from the practice of law. Virtuallyany form of attorney dishonesty or deception, including a halftruth, or the omission of material facts, is the equivalent of an outright lie, according to the State Bar. Sokol
also omitted from his testimony the material facts that two outside judges found Saunders innocent of the charges
against him. In addition, an attorney who intentionally deceives a court or any party is subject to misdemeanor
criminal prosecution under Business and ProfessionsCode 6128.
CANTIL-SAKAUYE
(3)
MIKE NEWDOW
(2)
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An attorney who intentionally deceives a court or any party is subject to misdemeanor criminal prosecution under California law. Family
court reform advocates charge the law is routinely violated by attorneys, and goes unenforced by judges, prosecutors, and California
State Bar Chief Trial Counsel Jayne Kim.
For other State Bar references defining and prescribing the punishment for Sokol's misleading statements, visit
the SFCN Attorney Misconduct page. Click here. Sokol made several additional demonstrably false statements
at the same court hearing, but has never been held accountable for the misconduct.Click here to view other
articles in this series.
For additional reporting about the people and issues in this post, click the corresponding labels below the
document.
Richard Sokol divorce attorney Sacramento caught on transcript making false statements and other acts of
mo... by M.P. Roberts

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Labels:
ANALYSIS,
ELAINE VAN BEVEREN,
FLEC,
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MATTHEW J. GARY,
NEWS,
REVISIONISM SERIES,
RICHARD SOKOL,
ROBERT SAUNDERS,
SCBA,
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Location:
Sacramento Family Law Court 3341 Power Inn Road, Sacramento, CA 95826, USA William Ridgeway Family
Courthouse

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DOCUMENT LIBRARY
21 August 2014
SUBJECTS AND POSTS
Judge Pro Tem Misconduct: Temporary Judges Richard Sokol and Elaine
Van Beveren Fail To Report, Help Cover Up Judge Matthew Gary
Misconduct
JUDICIAL MISCONDUCT
(63)
Whistleblower Leaks Disturbing Video of Illegal

Assault and Arrest of Family Court Litigant Ordered
by Judge Matthew J. Gary
JUDGE PRO TEM

(49)
ATTORNEY MISCONDUCT
(35)
MATTHEW J. GARY
(33)
FLEC
(28)
SCBA
(22)
ARTS & CULTURE
(21)
CHILD CUSTODY
(21)
PETER J. McBRIEN
(20)
ROBERT SAUNDERS
(20)
WATCHDOGS
(19)
CHARLOTTE KEELEY
(18)
CJP
(18)
EMPLOYEE MISCONDUCT
(18)
PRO PERS
(18)
DOCUMENTS
(16)
DIVORCE CORP
(13)
A startling courthouse security video leaked by a government whistleblowerrecords the illegal 2009 assault and
arrest of indigent, disabled pro per litigant and family court reform activistRobert Saunders. During a March 9,
2009 court hearing,Judge Matthew Gary ordered the self-represented Saunders arrested and jailed for contempt
of court. Two outside, independent judges who later reviewed the incident determined that both the contempt
charge and arrest were illegal.
One of the two reviewing judges also issued an order removing Gary from the case for bias and violating state
contempt law. The new video leak appears to reinforce the review findings, showing Saunders sitting passively at
the courtroom counsel table until a painful "control hold" is applied to his arm by a deputy sheriff. When Saunders
reacts to the pain, a wrestling match ensues until additional deputies arrive to subdue and apply handcuffs to the
illegally arrested victim. The pro per is then shuffled off to the county jail through a rear exit in the courtroom.
Saunders is 5' 8" tall, weighs 162 pounds, relies on a cane to walk, and, at the time of the arrest, was 57-years-old,
according to the police reportfrom the incident.
To continue reading, click Read more >> below:
JAMES M. MIZE
(12)
COLOR OF LAW SERIES
(11)
(11)
SATIRE
(11)
WOODRUFF O'HAIR
POSNER and SALINGER
(11)
JAIME R. ROMAN
(10)
LAURIE M. EARL
(10)
Judge Matthew J. Gary has a long,documented history of bias and abuse of authority against financially
disadvantaged litigants who cannot afford an attorney and are forced to represent themselves in court. A right-wing
ideologue, Gary also reportedly despises what he refers to as the "entitlement mentality" of indigent court users
who obtain fee waiver orders, which allow them to file court documents without paying filing fees. Most pro per
litigants rely on fee waivers to ensure their access to the court.
NO CONTACT ORDERS
(10)
SHARON A. LUERAS
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In one case, Gary illegallymisused fee waiver lawagainst an indigent, unrepresented domestic violence victim
to both obstruct an appeal of his own orders and help a judge pro tem attorney client - and spousal abuse
perpetrator - avoid a spousal support obligation. The judge-attorney tag-team strategy left the abuse victim
penniless, and homeless. In another case, Gary ordered an indigent, disabled pro per to pay $920 of her $1,256
monthly disability income to her ex-husband, who earned $8,089 per month, according to court records. As a
result of the order, the disabled single parentcouldn't pay her rent, wasevicted from her home, and became
homeless. In March, a still-pending appeal in the case was the subject of a front page story in the Sacramento
Bee. A federal class-action lawsuit on behalf of these and several other Gary victims is rumored to be in the works.
CARLSSON CASE
(9)
The 2009 Robert Saunders contempt arrest debacle was witnessed by controversial judge pro tem divorce
attorneysRichard Sokol, shown in the left foreground of the video, and Elaine Van Beveren, who is off-camera.
As sworn temporary judges who witnessed the incident, both were required by state law - Canon 3D(1) of the
California Code of Judicial Ethics - to report Gary's misconduct, or otherwise take some form of corrective
action. Neither attorney did, and in subsequent proceedings last year in the same case before a different
judge,lied about the incident, portraying Saunders as being at fault. The ruse apparently fooled Judge Thadd
Blizzard, who late last year approved an out-of-state criminal child abductionfor Sokol's client - the mother of
Saunders' children.
JULIE SETZER
(7)
In 2012, Sacramento Family Court Newsreported on the illegal arrest of Saunders and the later review of the
incident by Judges Xapuri B. Villapudua and Richard Gilmour. Our original article is reprinted below:
Family Court Judge Matthew J. Gary Disqualified

From Case for Bias and Unlawful Arrest of Pro Per
RAPTON-KARRES
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YOUTUBE
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3rd DISTRICT COA
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CIVIL RIGHTS
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(5)
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LUAN CASE
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CANTIL-SAKAUYE
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Exclusive:
Internal court records obtained by Sacramento
Family Court news reveal that a San Joaquin
County judge in 2010 issued a court order
removingJudge Matthew Gary from a
Sacramento Family Court case for misconduct
and bias against a disabled, unrepresented
litigant. Although Gary contested the removal
action and denied the bias and misconduct
charges, after reviewing the evidenceSan
Joaquin County Superior Court Judge Xapuri
B. Villapuduarejected Gary's version of events
and ordered the controversial judge disqualified
from any further proceedings in the case.
The motion to recuse, or remove, Gary from the
case was filed by pro per Robert Saunders. In
accordance with state law, the motion was heard
and decided by a neutral, outside-the-county
judge. At the time the motion was
filed,California Supreme Court Chief Justice
Judge Matthew J. Gary, Sacramento CountySuperior Court.A fellow judge
Ronald George assigned Villapudua to decide
orderedGary removed from the RobertSaunderscase for abuse of the
unrepresented litigant and misuse of contempt law.
the case. In her ruling rejecting Gary's denial
and removing the judge from the case,
Villapudua made it clear which of the conflicting stories was believable.
"Based on the evidence submitted the court does find that a reasonable person might
entertain a doubt that Judge Matthew J. Gary would be able to be impartial. Three separate
witnesses stated Judge Gary was impatient and rude to [Saunders]. Three separate witnesses
declared the judge appeared biased during the hearing, making snide or rude comments to
[Saunders]. From the sworn declarations submitted it appears Judge Gary became embroiled
during the hearing on March 9, 2009. Judge Gary appeared to lose his patience with
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[Saunders]. He did not adhere to the proper procedure for contempt and had [Saunders]
arrested and forcibly removed from his courtroom by multiple bailiffs," Villapudua wrote in the
court order ending Gary's jurisdiction over the case. Click here to view the order.
Villapudua's assessment of Gary's credibility and the unlawful arrest and incarceration of Saunders for contempt of
court was reaffirmed by a second judge who, at a subsequent court hearing in Sacramento County Superior
Court, dismissed a resisting arrest charge against Saunders from the same incident. Evidence in the criminal
case included a video recording of the debacle, according to thearrest reportof a courtroom bailiff. In addition,
the unlawful contempt of court and resisting arrest incident was witnessed by judge pro tem attorneys Richard
Sokol and Elaine Van Beveren, both of whom failed to interveneas required by the Code of Judicial Ethics.
Gary currently is the Supervising Family Law, Probate and ADA Judge.
"Gary Became Embroiled...Did Not Adhere To Proper

Procedure For Contempt"

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Assigned to the case by the California Supreme Court Chief Justice, San Joaquin County Superior Court Judge Xapuri Villapudua ordered
Judge Matthew Gary disqualified to hear further proceedings in the Robert Saunders case.
In his motion to disqualify Gary from the case, Saunders asserted that the judge was rude, impatient, and abused
his authority by having him arrested and dragged from the courtroom. As Villapudua's order reflects, Saunders'
claims were supported by the sworn testimony of three separate eyewitnesses who confirmed Saunders' account
of the incident. The witnesses also testified that Gary m ade snide or rude comments directed at Saunders, and
appeared biased during the hearing. In his defense, Gary submitted to the San Joaquin County judge a onesentence answer denying the charges made by Saunders."I deny the allegations stated in Respondent's
Challenge," Gary stated under penalty of perjury. Click here to view Gary's denial. To view the minute order
issued by Gary after the hearing in which he charged Saunders with contempt of court, click here.
Second Independent Judge Vindicates Saunders

Judge Villapudua issued her order banning Gary from the Saunders case on January 7, 2010. Five months later, a
second judge with no connection to family court dismissed the resisting arrest charge filed against Saunders by
Gary's courtroom bailiff and Sacramento County Sheriff's Department Deputy J. Strong. The dismissal of the
criminal case by former prosecutor and veteran Sacramento County criminal courtJudge Richard Gilmour infers
that the video recording of the incident also supported Saunders' contention that both the contempt and resisting
arrest charges were baseless and motivated by Gary's temper, embroilment and abuse of authority.

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The resisting arrest charge filed by Judge Matthew Gary's courtroom bailiff J. Strong against Robert Saunders was dismissed by Judge
Richard Gilmour on May 10, 2010.

JDSupra Law News
Judge Pro Tem Eyewitnesses Fail To Intervene
Fathers 4 Justice
The unlawful contempt of court and resisting arrest incident was witnessed by attorneys Richard Sokol and Elaine
Van Beveren. Both attorneys are Sacramento County Superior Court sworn temporary judges. Judge pro tem
attorneys are by law required to take or initiate corrective action if they witness another judge violate the law or
any provision of the Code of Judicial Ethics. Canon 3D(1), an important self-policing component of the Code,
mandates the intervention to maintain public confidence in the courts and ensure that judge misconduct is kept in
check. As confirmed by two independent judges, Gary's actions were clear violations of several sections of the
ethics code, but court records and other eyewitness accounts indicate that neither Sokol, nor Van Beveren
complied with the misconduct reporting requirement. Click here to view an internal Judicial Council of California
memo about the legal duty. In addition, courtroom clerk Christina Arcuri had a legal and ethical duty to report
the misconduct by the judge, but took no action.

In a different case last year Judge Matthew Gary suffered a full reversal by theThird District Court of Appeal.
As in the Saunders case, inSeaton v. SeatonGary also did not follow established law. After conducting his own
investigation and forensic analysis on a 20-year-old marriage certificate signature, Garyconcluded thatthe
signature was not made by an extremely intoxicated person, as Patricia Seaton had claimed. The judge then
nullified a 17-year marriage so that Patricia would be deprived of all property, support and other rights associated
with a lawful marriage. The appellate courtreversed Gary's decision, noting that the issues Gary had with Patricia's
credibility were irrelevant to determining whether the marriage was valid.
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Both Gary and Villapudua were appointed to the bench in June, 2007 byGovernor ArnoldSchwarzenegger.
Judge Gary is paid $169,289 per year.
PelicanBriefed
FCAC News
Gary Receives "Poster Child of

the Month" Award from Family
Court Advocacy Group
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For his deference to attorneys, and mismanagement ofSacramento

County Family Court, Gary received a "Poster Child of the Month
Award" from theFamily Court Accountability Coalition, a
statewide family court watchdog group. Gary received the honor for
"serial due process, equal protection and access to the courts
violations," according to theFCAC Blog.
138824
136
"Anecdotal evidence suggests that the current presiding

judge,Matthew J. Garyis a right-wing, anti-government
ideologue who believes government is dysfunctional and is
determined to prove it...while collecting a $170,000 annual
salary from the state."
FCACalso cited a 2007,Sacramento Lawyermagazine interview
with Gary:
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San Joaquin County Superior Court
Judge Xapuri B. Villapudua
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"Gary characterizes his legal philosophy as favoring judicial restraint. Among the U.S. Supreme Court
justices who he admires are Antonin Scalia..."
UPDATE:Family Law Courts.com askswhether Family Court bailiffs are enforcing the law or acting as judicial
puppets.
Labels
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* Controversial Judge Matthew Gary Removed from Supervisory Position
* Matt Gary Disqualification Records & Update
* Supervising Judge Matt Gary Warns Family Court Problems Will Get Worse
* Judge Matthew Gary Reversed by 3rd District Court of Appeal for Improper Investigation, Forensic
Analysis
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03 February 2014
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Judge Thadd Blizzard Misconduct, Divorce Corp, Judge Pro Tem Corruption
Top Monthly Reads On Sacramento Family Court News Top 10 List
JUDICIAL MISCONDUCT
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Temporary Judge Controversy, Divorce Corp & Judge

Thadd Blizzard Child Abduction Approval Most Read
Posts for January
ATTORNEY MISCONDUCT
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After just two weeks online, our exclusive investigative reportabout Judge
Thadd Blizzard'srule of law breakdown authorizing an illegal, out-of-state
child abduction quickly became the third most read article for January. The
January 10 nationwide release of the documentary film Divorce Corp
renewed interest in our early, exclusive coverage of the project from May
2013, giving the classic post the number two spot in the monthly rankings. A
new post about the film, and the Divorce Corp search label page also
made last month's Top 10 list. And the perennially popular Judge Pro Tems
page held the top spot with nearly 500 views for the month.
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The Top 10 most viewed posts or pages at Sacramento Family Court

News compiled by Google Analytics for January 2014 (click to view):
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ARTS & CULTURE

(21)
CHILD CUSTODY
(21)
PETER J. McBRIEN
(20)
ROBERT SAUNDERS
(20)
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Judge Thadd Blizzard
1. Judge Pro Tems page: Sacramento Family Law Court Temporary

Judge Program - Attorney "Cartel" Controls Court Operations, Charge Whistleblowers: 499 pageviews.
2. Divorce Attorneys and Family Law Industry Called Corrupt and Collusive in Groundbreaking Documentary
Film To Include Sacramento Family Court Case post: 289 pageviews.
3. Judge Thadd Blizzard Misconduct: Court Order Authorizes Unlawful Child Abduction for Judge Pro Tem
Attorney Richard Sokol post: 223 pageviews.
4. Judge Matthew Gary search label page: 174 pageviews.
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CJP
(18)
EMPLOYEE MISCONDUCT
(18)
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(18)
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(16)
5. Sacramento Judge & Attorney Misconduct: New York Times Reviews Divorce Corp Documentary
Featuring Four Sacramento Court Cases post: 172 pageviews.
DIVORCE CORP
(13)
6. Sacramento Superior Court Corruption: 2014 the Year of the Disgruntled Litigant - Holiday Edition
RoadDog Satire post: 171 pageviews.
JAMES M. MIZE
(12)
7. Divorce Corp search label page: 145 pageviews.

8. Judge Peter McBrien Commission on Judicial Performance Leaked Transcript of Judicial Misconduct
Prosecution post: 138 pageviews.
9. Attorney Misconduct page- California Divorce Lawyer and Family Law Attorney Misconduct and Ethics:
137 pageviews.
10. Family Law and Judge Misconduct: Hon. Matthew J. Gary Ordered Removed From Family Court Case by
Fellow Judge for Misconduct, Bias & Abuse of Unrepresented Litigant post: 137 pageviews.
For additional reporting on the people and issues in this post, click the corresponding labels below:
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PR Brown 6 months ago - Shared publicly

Sacramento Family Court News Top 10 List: Judge Thadd Blizzard Misconduct,
Divorce Corp, Judge Pro Tem Corruption Top Monthly Reads
Temporary Judge Controversy, Divorce Corp & Judge Thadd Blizzard Child Abduction
Approval Most Read Posts for January Judge Thadd Blizzard After just two weeks online,
our exclusive investigative report about Judge Thadd Blizzard's bizarre authorization o...
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Intuitive Sparkle via Google+ 6 months ago - Shared publicly
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PR Brown originally shared this
Sacramento Family Court News Top 10 List: Judge Thadd Blizzard
Misconduct, Divorce Corp, Judge Pro Tem Corruption Top Monthly Reads
Temporary Judge Controversy, Divorce Corp & Judge Thadd Blizzard Child
Abduction Approval Most Read Posts for January Judge Thadd Blizzard After
just two weeks online, our exclusive investigative report about Judge Thadd
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A Sacramento Family Court News investigation indicates that ideology and undisclosed conflicts of interest play a significant role in the
outcome of appeals in the Third District Court of Appeal.
An Exclusive Sacramento Family Court News Investigation
This ongoing investigative project was last updated in June, 2014.
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Sacramento Family Court Newsis conducting an ongoing investigationof published and unpublished 3rd District
Court of Appeal decisions in trial court cases originating from family courts. This page is regularly updated with
our latest news, analysis, and opinion. Our preliminary findings reveal an unsettling link between how an appeal is
decided and the political ideology, work history, and family law bar ties of the court of appeal justices assigned to
the appeal.Our investigation indicates that the outcome of an appeal is in large part dependent on the luck of the
justice draw. Appeals are assigned to three of ten justices. The background of each appears to play a significant
role in how an appeal is decided.
For example, 3rd District unpublished opinions show
that Court of Appeal justices who were elevated to
the appellate courtfrom Sacramento
CountySuperior Court will often effectively cover for
judicial errors in appeals from the same court. Third
District Justices George Nicholson, Harry E. Hull,
Jr.,Ronald B. Robie, and Presiding Justice Vance
W. Rayepreviously were trial court judges
inSacramento County Superior Court. Each have
social and professional ties to family court judges and
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Filing an appeal in the 3rd District can be a gamble. Depending
JAIME R. ROMAN
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on the three justices assigned, the outcomemay be influenced

attorney members of the Sacramento County Bar
byideology and unacknowledged conflictsof interest.
Association Family Law Section.After his retirement
in 2011, 3rd District Presiding Justice Arthur
Scotland described the professional and personal relationships he had with attorneys during his career on the
bench.
"[I] enjoy friendships...I go to all the county bar events. I do that for two reasons. One, I think
it's a responsibility of a judge to be active in the community, and the attorneys appreciate it.
But I really like the people. I really like going to these events. I enjoy friendships and that sort
of thing." Click here to view Scotland's statement.
To get a sense of the collusive atmosphere in Sacramento Family Law Court, we recommend reading our special
Color of Law series of investigative reports, which document the preferential treatment provided by family court
employees and judges to SCBA Family Law Section lawyers at the trial court level. Click here to view the Color
of Law series.Financially disadvantaged, unrepresented litigants who face opposing parties represented by SCBA
attorneys assert that the collusive collegiality taints appeal proceedings in the appellate court.
Pro per advocates contend that under Canon 3E(4)(a) and (c) of the Code of Judicial Ethics, Raye, Robie, Hull
and Nicholson should disqualify themselves from participating in any appeal originating fromSacramento Family
Law Court. Advocates argue that the same conflict of interest principles apply to family court appeals that resulted
in the self-recusal, or removal, of Vance Raye from participating in the 2002 Commission on Judicial
Performance prosecution of family courtJudge Peter McBrien. To view the 2002 Raye recusal andCJP decision
against McBrien, click here.The CJP has disciplined judges for violating the Code of Judicial Ethics rules
requiring judges to disclose conflicts. Click here for examples of CJP conflict of interest disciplinary decisions.
It is a basic principle of law that state appellate justices and federal judges with personal or professional
relationships with trial court judges connected to an appeal or federal court action should disqualify themselves to
avoid the appearance of partiality. Click here to view a recent order issued by a federal judge disqualifying the
entire bench of the Fresno Division of the US District Court for the Eastern District of Californiadue to personal
and professional relationships with local state court judges. The conflict disclosure problem infects the Superior
Court as well. To the benefit of local family law attorneys who also hold the office of temporary judge in the same
court, Sacramento Family Law Court judges effectively have institutionalized noncompliance with state conflict
of interest disclosure laws.Click here. For an example of a Sacramento County civil court trial judge who fully
complied with conflict laws, click here.Without oversight or accountability, family court judges routinely - and in
violation of state law - ignore the same disclosure requirements.
History & Origins of the Current Sacramento County

Family Court System
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WE SUPPORT
In 1991, as a superior court judge, current3rd District
Justice Vance Raye partneredwith controversial family
court Judge Peter J. McBrien and attorneys from the
Sacramento County Bar Association Family Law
Sectionin establishing the current, dysfunctional Sacramento
Family Courtsystem, according to the sworn testimony of
McBrien at his 2009 judicial misconduct trial before the
Commission on Judicial Performance.
Electronic Frontier
Foundation
Behind closed doors and under oath, the judge provided

explicit details about the 1991 origins of the present-day
family court structure. The public court system was built to the
specifications of private-sector attorneys from the SCBA
Family Law Section Family Law Executive Committee,
according to McBrien's testimony.To view McBrien's detailed
description of the collusive public-private collaboration, posted
online exclusively by SFCN, click here. To view the same,
current day collusion, click here. The 1991 restructuring plan
began with a road trip suggested by the family law bar:
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"[T]he family law bar, and it was a fairly strong bar

here in Sacramento, initiated the concept of a trip
to Orange County and San Diego County to pick up
Tani Cantil Sakauye worked with Peter J. McBrien
some ideas about how their courts were structured.
in Sacramento County Superior Court from 1997-2005.

And myself and Judge Ridgeway and two family
law attorneys made that trip and came back with
various ideas of how to restructure the system," McBrien told the CJP.Click hereto view.

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But before his sworn 2009 CJP testimony, McBrien gave the public a different account of the road trip and who
restructured the family court system in 1991.As reported by the Daily Journal legal newspaper
McBriendishonestly impliedthat the system was conceived and implemented by judges alone after they made a
county-paid "statewide tour" of family law courts. The judge omitted from the story the fact that the trip was initiated
by the family law bar, and included two private-sector family law attorneys who took the county-paid trip with
McBrien and the late Judge William Ridgeway.
"[M]cBrien and a few other Sacramento judges went on a statewide tour of family law courts.
At the time, there were continual postponements of trials. 'This is how we came up with the
system today,' McBrien said. 'It was the best trip Sacramento County ever paid for.' The
judges changed the local system so that family law judges presided over both law and motion
matters and trials..."the Daily Journal reported. Click here to view.

Metropolitan News
Enterprise
California Statutes
Under oath, McBrien admitted that the private-sector, for-profit family law bar dictated the public court facility
restructuring plan - conceived to serve the needs and objectives of SCBA Family Law Section member attorneys
- which then essentially was rubber-stamped by the bench.
"[T]he Bar culled through the various ideas and options, came up with a plan, presented it to
the family law bench. We made what adjustments we felt were appropriate and then presented
the whole of it to the full bench," and the plan was approved. Click here to view.
In essence, McBrien disclosed that the current public court system was set up by and for local attorneys with little, if
any, consideration of theneeds of the 70 percent of court users unable to afford counsel. The system also has
shown it is designed to repel carpetbagger, outsider attorneys, like Stephen R. Gianelli of San Francisco, and
Sharon Huddle of Roseville. Click here and here. "[T]his is a 'juice court' in which counsel outside Sacramento
have little chance of prevailing...[the] court has now abandoned even a pretense of being fair to out-of-town
counsel," Gianelli said.According to the Commission on Judicial Performance - the state agency responsible
for oversight and accountability of California judges - the structure is known as a "two-track system of justice."
"In this case, we again confront the vice inherent in a two-track system of justice, where
favored treatment is afforded friends and other favored few, and which is easily recognized as
'corruption at the core of our system of impartial equal justice, and...intolerable," the CJP said
in a 2005 judicial discipline decision involving a Santa Clara County judge.To view a list of
similar CJP decisions, click here.
According to the gold standard reference on judicial ethics, the California Judicial Conduct Handbook [pdf],
published by the California Judges Association, providing preferential treatment to local, connected attorneys
also is known as "hometowning," and is prohibited by the Code of Judicial Ethics.To view this section of the
Handbook, click here.
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Keeping Neutral Judges Out-of-the-Loop
One objective of the revamped system was to

keep all family court proceedings in-house: within
the isolated family relations courthouse. Prior to
the change, trials were conducted at the
downtown, main courthouse and before judges
more likely to have a neutral perspective on a
given case, and less likely to have ties to the
family law bar.
"The judges changed the local system
so that family law judges presided over
both law and motion matters and trials,
which used to be sent to a master
calendar department and competed
with criminal trials for scheduling," the
Daily Journal reported.
Family court watchdogs and whistleblowers
allege that under the system set up by Raye and
McBrien, the local family law bar - through the
Family Law Executive Committee or FLEC now controls for the financial gain of members
virtually all aspects of court operations, including
local court rules.A cartel of local family law
attorneys receive preferential treatment from
family court judges and appellate court
be gender-specific)
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justicesbecause the lawyers are members of the

Sacramento Bar Association Family Law
Section, hold the Office of Temporary Judge,
and run the family court settlement conference
program, court reform advocates charge.
JDSupra Law News

Justice Ronald Robie performs in the "Judge's Choir" for the
Sacramento County Bar Association Family Law Section
Holiday Luncheon.
Fathers 4 Justice
HuffPost Divorce
Leon Koziol.Com
Court watchdogs have catalogued and documented examples of judge pro tem attorney favoritism, and
flagrantbias against unrepresented litigants and "outsider" attorneys. Click here for a list of watchdog claims.
Published and unpublished 3rd District opinions indicate that Court of Appeal justices without direct ties to the
same superior court are more likely to follow the law, and less likely to whitewash trial court mistakes.
Carlsson Case Exposes 3rd District Ideology &

Undisclosed Conflict of Interest Issues
Moving Past Divorce

Superior Court
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One of these things is not like the others, One of these things just doesn't belong,
Can you tell which thing is not like the others, By the time I finish my song?
Third District Court of Appeal Justices Ronald B. Robie, Harry E. Hull Jr., George Nicholson and Cole Blease.
Only Blease (R) has no past connection to Sacramento County Superior Court.
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One of the few Third District opinions to critically, and scathingly scrutinize the problematic Sacramento Family
Court system was the 2008 decisionIn re Marriage of Carlsson, authored by Associate JusticesM. Kathleen
Butz, Cole Blease and Rick Sims.The opinion criticized explicitly the conduct of controversial Sacramento
County Family Court Judge Peter J. McBrien. None of the three 3rd District justices who decided the appeal
had ever worked as a judge in Sacramento County. A fourth outsider jurist,Sixth District Court of Appeal
Presiding Justice Conrad L. Rushing subsequently characterized McBrien's conduct in the Carlsson case as a
"judicial reign of terror."In addition to ordering a full reversal and new trial, the 3rd Districtdecision subjected
McBriento a second disciplinary action by the state Commission on Judicial Performance.
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The judge's first go-round with the CJPstemmed from McBrien's 2000 arrest for felony vandalism under Penal
Code 594 in connection with the destruction of public-owned trees - valued at more than $20,000 - at the Effie
Yeaw Nature Center in Ancil Hoffman Park, Carmichael, California. McBrien had the trees cut to improve the
view from his home on a bluff above the park. Click here for the 2001Sacramento News and Review coverage
of the case.Click here to view the original summons charging McBrien with felony vandalism. Click here to view
the report of Sacramento County District Attorney's Office Criminal Investigator Craig W. Tourte detailing the
complete investigation of McBrien's crime, posted online for the first time exclusively by SFCN.
Less than 48 hours after the judge was charged with the felony, McBrien negotiated a plea bargain, pleading no
contest to a misdemeanor violation of Penal Code 384a,paying restitution of $20,000, and a fine of $500.The
improved view increased thevalue of the judge's home by at least $100,000, according to a local real estate
agent, and the sweetheart deal outraged the Ancil Hoffman Park personnel who originally discovered the
butchered trees and conducted the initial investigation. McBrien's subsequent 2009 sworn testimony before the
CJP recounting his criminal case starkly contradicted Tourte's report and the truth about his criminal conviction.
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In the documentary film Divorce Corp, Ulf Carlsson describes egregious misconduct by Sacramento Family Law Court Judge Peter McBrien. Using
misleading sworn testimony about McBrien's reversal rate in the appellate court, 3rd District Court of Appeal Presiding Justice Arthur G. Scotland
effectively saved McBrien from being removed from the bench by the Commission on Judicial Performance.
Presiding Justice Arthur G. Scotland Intervenes in

McBrien CJP Prosecution
On his second trip to the CJP woodshed, Judge
PeterMcBrien needed all the help he could get to
save his job, and then-Third District Court of
Appeal Presiding Justice Arthur Scotland
delivered in a big way. Among other slight-of-hand
tricks, Scotland devised a clever artifice to make it
appear to the CJP judges assigned to decide
McBrien's fate that the trial court judge had a much
lower than average rate of reversal in the court of
appeal.
CHRISTINA ARCURI
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(3)
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(2)
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(4)
DEMOTION
Scotland's 2009 testimony on McBrien's behalf

also was controversial and may itself have violated
the Code of Judicial Ethics. A critical self-policing
component of the Code,Canon 3D(1) requires
judges who have reliable information that another
judge has violated any provision of the Code take
"appropriate corrective action, which may include
reporting the violation to the appropriate authority."
Click here to view Canon 3D(1).Click here to view
a Judicial Council directive about the duty to take
corrective action, and the types of corrective action
required.
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DENISE
GARY
(2)
DSM-301.7
(1)
EDITORIAL
(1)
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FREIDBERG
(2)
EFF
(2)
RICHARDS
(1)
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(2)
DISQUALIFICATION
(2)
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(7)
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ATTORNEY
(5)
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CORP
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LAWYER
(5)
DOCUMENTS
(16)
DONALD TENN
(3)
DONNA
By his own admission, Scotland's career in the Judicial Branch of government was the result of connections and
preferential treatment. The former justice candidly recited his life history in a nearly three-hour interview for the
CaliforniaAppellate Court Legacy Project in 2011. Like other gratuitous "tough-on-crime"conservative
ideologues from a law enforcement background who rose to power in the 1980's, Scotland apparently lived the
cliche of beingborn on third base and going through life thinking he hit a triple. His interest in law developed
when he worked as an undercover narcotics agent for the state Department of Justice.
EFFICIENCY
IN
GOVERNMENT
ELAINE VAN
BEVEREN
(13)
ELECTIONS
(1)
AWARD
(1)
Tani Cantil-Sakauye, Arthur Scotland, George Nicholson and
While under oath before the CJP, Scotland verified
Peter McBrien all workedfor former California Attorney General

that he was aware ofMcBrien's misconduct in the
and Governor George Deukmejian.All were appointed to the
Sacramento County bench by Deukmejian.

Carlsson case.Scotland essentially defied the selfpolicing Canon and, in effect,the published Carlsson
opinion authored by his co-workers Butz, Blease and Sims, and instead testified in support of McBrien at the CJP.
In it's final decision allowing McBrien to remain on the bench, the CJP specifically cited Scotland's testimony as a
mitigating factor that reducedMcBrien's punishment. Click here.An examination of Scotland's career in
government - funded by the taxpayers of California - provides insight into the tactics, motives, and questionable
ethics behind his unusual involvement in the McBrien matter.
EMILY
GALLUP
(3)
EMPLOYEE CODE OF ETHICS
(4)
EMPLOYEE
MISCONDUCT
(18)
EQUAL PROTECTION
(2)
EUGENE L. BALONON
(1)
EVIDENTIARY OBJECTIONS
(2)
EX PARTE
(1)
F4J
(4)
FAMILY COURT
(9)
FAMILY
COURT
COURT
AUDITS
(1)
FAMILY
CONDITIONS
(2)
FAMILY COURT
MEDIA COVERAGE
(1)
FAMILY COURT PROCEDURE
(1)
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COURT
SACRAMENTO
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FAMILY
COURTHOUSE
(1)
FAMILY
LAW
"[I] bluffed my way through the interview, and I got hired as a narcotics agent in 1969...I was
an undercover narcotics agent. I've bought a lot of dope in my life...all lawfully, but I've
bought a lot of dope," Scotland said. "And I testified in court. And that's what got me
fascinated in the legal process...and it got me involved in the law." Click here to view.
Having worked with prosecutors as an undercover cop, Scotland
decided he wanted to be one. But due to his lackluster
performance as a college student, law school presented a
problem, albeit a problem easily solved through a family
connection.
"[I] thought, I want to be a prosecutor. I'm going to go
to law school; I want to be a prosecutor. So I applied
in 1971. I applied to only one school: University of the
Pacific, McGeorge School of Law...[M]y grades weren't
all that great. I did very well on the LSAT test: I did
excellent on that. But I didn't figure I could get
accepted anywhere else, 'cause I really hadn't been a
serious student. So I went to University of Pacific,
McGeorge School of Law," Scotland explained. "I didn't
know [McGeorge Dean Gordon D.Schaber], but my
dad did. And my dad had done some life insurance,
estate planning work for McGeorge. And again, my
dad was an influence on my life because he knew
people and he set me up with jobs. And I'm sure that
one of the reasons I got selected for McGeorge School
of Law is my dad's relationship with the dean."Click
here to view.
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FAMILY
LAW
COUNSELOR
(4)
FAMILY
LAW
FACILITATOR
(4)
FATHERS FOR JUSTICE

(1)
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(2)
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(2)
FERRIS CASE
(8)
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(2)
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AMENDMENT COALITION
(2)
FLEC
(28)
FOIA
(2)
FOX
(1)
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(4)
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RANSOM
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M.
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(2)
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(4)
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(1)
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(1)
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STRONG
(2)
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ESTON
(2)
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JAMES M.
MIZE
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(6)
JERRY BROWN
BROSNAHAN
(1)
Arthur Scotland used a family connection to get into
a law schoolwith liberal admission standards.
After graduation, but before he was licensed to practice law, Scotland nonetheless practiced law while employed as
a deputy district attorney for Sacramento County. In the outside world, the unauthorized practice of law is a
crime. But in Scotland's protective law enforcement bubble, "laws" are only enforced against drug addicts and the
unwashed masses. As Scotland explained in his own words, laws are actually only "rules" when a sworn peace
officer breaks one.
"Actually, before I even got sworn in in the bar, I was assigned out to juvenile hall and we
prosecuted...I prosecuted cases without any supervision - you know, against...really against
the rules...we were trying cases without any supervision." Click here.
In McGregor v. State Bar, the seminal case on the unauthorized practice of law, the California Supreme Court
explained why a nonlicensed person is prohibited from exercising the special powers and privileges of a lawyer.
"The right to practice law not only presupposes in its possessor integrity, legal standing and
attainment, but also the exercise of a special privilege, highly personal and partaking of the
nature of a public trust. It is manifest that the powers and privileges derived from it may not
with propriety be delegated to or exercised by a nonlicensed person." Click here.
25 years after he obtained his license to practice law, Justice Arthur G. Scotlandexploited the implied integrity of
his court of appeal office and exercised his special privilege in a way that to many Sacramento Family Court
litigants was a manifest violation of the public trust.
The Artifice
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JERRY
GUTHRIE
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(10)
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YOU CAN USE

(3)
News10
(1)
To help his old friend Pete McBrien keep his job, Justice Arthur G. Scotland concocted a clever plan intended to deceive the judges
deciding McBrien's punishment at the Commission on Judicial Performance.
NO CONTACT ORDERS
(10)
OPEN GOVERNMENT
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OPINION
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PARENT
RIGHTS
(1)
PARENTAL
In his Commission on Judicial Performance sworn character witness testimony for his old friend and law
enforcement co-workerPeter McBrien, Arthur Scotland drew on his training and experience in deceit from his
days as a narc."[Y]ou have to be an actor, you have to play the game," Scotland explained in the 2011 interview.
In front of the three CJP judges responsible for hearing evidence and deciding McBrien's fate, Scotland concocted
a clever, deceptive plan - an artifice in legal terminology - and convincingly delivered an award worthy actor's
performance.
While testifying for McBrien,Scotland also revealed that his appearance on the troubled judge'sbehalf effectively
was voluntary. Before subpoenaing Scotland to testify, McBrien's defense attorney confirmed that Scotland would
not object to the subpoena. Click here. Judicial ethics Canon 2B restricts use of the prestige of judicial office to
advance the personal interests of the judge or others. Canon 2B(2)(a) permits a judge to testify as a character
witness only when subpoenaed. The transcript of Scotland's testimony also showed that -to prepare his CJP
testimony - the presiding justice of the 3rd District affirmatively and voluntarily took the initiative(presumably on
his own time) to research 3rd District family court appeals where McBrien was the trial court judge. His objective
was to show the CJP that McBrien had a low reversal rate in the appellate court.
"I also, by the way -- when you called me to ask if I would object to being Subpoenaed as a
witness, and I said no, I did research. I looked up -- I knew what this was all about, so I
researched the number of appeals from cases from Judge McBrien's court. And so I -- and I
looked -- I read all the opinions in which he was reversed in full or in part...
I've known Judge McBrien for 32 years. I got to know, then, Deputy Attorney General Pete
McBrien. When I left the Sacramento County District Attorney's Office and went to work for
the California Attorney General's Office, he was already a Deputy Attorney General there. So I
got to know him there, mainly professionally. Socially to a relatively minor extent. We had -we had two co-ed softball teams. He played on one; I played on another. Of course, we would
attend office functions together. His -- one of his very best friends was my supervisor in the
Attorney General's Office. So, on occasion -- not frequently, but on occasion we would attend
social events with others from the office....
[McBrien had] seven reversals in whole or in part, out of 110 appeals, which is about 6%,
which actually is a remarkably good reversal rate. Because our average reversal rate in civil
cases is 20 to 25 percent." Scotland testified at pages 549-553 of the reporter's transcript. Click
here.
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PAULA
SALINGER
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PETER J. McBRIEN
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PHILLIP HERNANDEZ
ALIENATION
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PRESIDING JUDGE
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PERS
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PSY
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RAOUL
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(3)
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(2)
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(12)
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HIGHT
(5)
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O'HAIR
(8)
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(20)
ROLAND
L. CANDEE
(1)
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(1)
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(1)
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(4)
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(1)
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SALMEN
(2)
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(3)
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(4)
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COUNTY
SUPERIOR
COURT
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FAMILY
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SUPERIOR COURT
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(2)
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SETTLEMENT CONFERENCE
Scotland's claim that McBrien had a

"remarkably good reversal rate" was,
at best, a half-truth. Under the legal
and ethical standards applicable to
lawyers and judges, a half-truth is the
same as a "false statement of fact" or
what the general public refers to as a
lie. Click here.
What Scotland withheld from the CJP

is the fact that the vast majority of
appeals from family court are never
decided on the merits. Unlike appeals
from civil cases, most family court
appeals are taken by unrepresented
parties who fail to navigate the
complexities of appellate procedure
and never make it past the preliminary
stages of an appeal. In other words,
Scotland rigged his statistics. While
McBrien may have had seven
reversals out of 110 appeals filed, only
a small portion of the 110 appeals filed
were actually decided on the merits.
(1)
THORBOURNE
(1)
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SFCN READERSHIP DATA
(4)
SHARON A. LUERAS
(10)
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(6)
SO YOU WANT TO GO TO
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(4)
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(5)
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(6)
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(5)
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WAGNER
(2)
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WHITE
(2)
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GEVERCER
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(1)
STEVE
STEVEN
(1)
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STEVEN
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FUNNIES
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WEEK
(2)
SUPERIOR COURT
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SUPREME COURT
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TAMI
Arthur Scotland poses with the fruits of a drug bust from his days as an
undercover cop. Trained to lie and deceive in order to make undercover
drug buys, Scotland acknowledged his skill in the role.
"You have to be an actor, you have to play the game," he said in 2011.
Scotland then made a disingenuous, self-serving apples-to-oranges comparison between the reversal rate in civil
case appeals - where both sides are usually represented by an attorney, or team of attorneys, and appeals are
decided on the merits - with the reversal rate in family court cases, where neither qualifier is true.SFCNcurrently is
conducting an audit of 3rd District family court appeals, and will have more on this subject in the near future.
Blame the Victim
BOGERT
(1)
TAXPAYERS
(1)
TERRY FRANCKE
(1)
BLIZZARD
(5)
THADD
THADDEUS
STEVENS
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(1)
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(5)
TIMOTHY ZEFF
(5)
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ULF
LEE
JONES
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(5)
UNITED
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(1)
UPDATE
(2)
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(3)
VEXATIOUS LITIGANT
(2)
VICTORY OUTREACH CHURCH

(1)
VL-CLASS-ACTION
(1)
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STREET JOURNAL
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WASTE
(1)
In a final act of both flagrant cronyism to his friend and former Department of Justice co-workerPete McBrien,
and disrespect to the work of his fellow 3rd District Court of AppealJusticesKathleen Butz, Cole Blease and
Rick Sims whose published opinion in the Carlsson caseresulted in McBrien's prosecution by the CJP, Scotland
had the balls to suggest that disciplining McBrien for his conduct in Carlsson would be a "miscarriage of justice,"
that would allow "incompetent attorneys to run the court instead of competent judges."
"And you haven't asked me this question, but if [McBrien] were, for some reason, to be found
to have violated the canons of judicial ethics, or whatever, I frankly -- I know about these
cases; I know about the Carlsson case. I think it would be a miscarriage of justice. I think it
would send the wrong signal to judges and practitioners that you don't allow -- that you would
be allowing incompetent attorneys to run the court instead of competent judges," Scotland
testified at the CJP.
Like Scotland, 6th District Court of Appeal Presiding Justice Conrad Rushingknew well the Carlsson case,
which he said "developed a certain notoriety."Unlike Scotland, Rushing wasn't an old friend and coworker of
McBrien who would disingenuously suggest the blame for McBrien's "reign of terror" lay with an incompetent
attorney. Scotland's colleagues at the 3rd District,Butz, Blease and Sims reversed and remanded the Carlsson
case for retrial based on extremely rare, reversible per se, egregiousstructural and constitutional error by Judge
McBrien.Aftercarefully scrutinizing the trial court record, the panel made no mention of attorney "incompetence" in
their published opinion.
However, Scotland's incompetence assertion to the CJP did, coincidentally, perfectly dovetail with
thecarefullycrafted defense McBrien's legal team presented during three days of CJP testimony to the three-judge
CJP panel assigned to decide McBrien's fate. A key component of McBrien's defense relied on suspiciously
consistent witness testimony portraying Ulf Carlsson's attorneySharon Huddle as incompetent and effectively
provoking McBrien's multiple violations of the Code of Judicial Ethics. CJP prosecutor Andrew Blum mocked the
risible defense in a confidential court reporter transcript leaked to SFCN. Click here to view the transcript.
Ironically, the time-tested, repugnant but effectiveblame the victim strategy, was coldly aided and abetted by
Scotland, a justice who rose to power with the backing and endorsements of victims rights groups
includingCrime Victims United of California, and the Doris Tate Crime Victims Bureau. To help McBrien's
defense team, Scotland dusted off thedog-eared playbook of exploiting victims, one way or another, to advance
his personal agenda.
Scotland's irony-infusedblame the victim testimony, misleading appeal reversal data, and theweight of
character witness testimonyfrom a sitting Court of Appeal presiding justice, along with similar character
testimony from Sacramento CountySuperior Court Judges James Mize, Thomas Cecil (currentlyOf Counsel
at the family, family law firm Cecil & Cianci) , Michael Garcia and Robert Hight, and Sacramento County Bar
Association Family Law Section attorneys and judge pro temsCamille Hemmer, Jerry Guthrie, Robert O'Hair
and Russell Carlson all tipped the scale just enough to enable McBrien to keep his job. Click here to view the
complete, 12-page CJP summary of the McBrien character witness testimony.
Despite the parade of former law enforcement co-workers, friends, and family court judge pro tem
croniesMcBrien marshaled on his behalf, two of the voting CJP members saw through the ruse and dissented
from the decision to let the judge remain on the bench, stating they would have removed McBrien from
office.Click here.When he referred to McBrien's conduct in the Carlsson case as a "judicial reign of terror," 6th
District Justice Rushingalso noted that "two of the nine participating members [voted] to remove him from
the bench." Click here.
The Carlsson case is prominently featured in Divorce Corp, a documentary film that "exposes the corrupt and
collusive industry of family law in the United States." The production team for the film conducted a nationwide
search for the most egregious examples of family court corruption and collusion, and four Sacramento County
cases are included in the movie. Narrated by Dr. Drew Pinsky,Divorce Corp opened in theaters in major U.S.
cities on January 9, 2014. Following the theatrical run, the documentary will be released on DVD, RedBox, Netflix,
broadcast and cable TV. Click here for our continuing coverage of Divorce Corp.To view trailers for the movie on
YouTube, click here.
Rehabilitation FAIL
The near-career death experience apparently has had no discernible corrective effect on the ethically-challenged
judge. In subsequent proceedings in his courtroom involving the judge pro tem attorneys (and lawyers at the
same firms as the judge pro tems) whose CJP testimony effectively saved his $170,00 per year job,McBrien
reportedly has never disclosed to opposing parties and attorneys the potential conflict of interest as required by
Canon 3E(2) of the Code of Judicial Ethics. The failure to disclose the potential conflict is a violation of the canon
and other state laws, according to the CJP, Judicial Council, and California Judges Association. For the
exclusive SFCN report on conflict of interest law, click here.
Justice George Nicholson & the Law Enforcement
WATCHDOGS
(19)
WHISTLEBLOWER
PROTECTION
ACT
(2)
WHISTLEBLOWERS
(10)
WHITE HOUSE
(1)
WOODRUFF
O'HAIR POSNER and
SALINGER
(11)
XAPURI B.
VILLAPUDUA
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YOLO
COUNTY
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YOUTUBE
(7)
BlueCode of Silence
In addition, unpublished Third District Court of
Appealdecisions indicate that justices who come
from a law enforcement background appear to take
to the bench with them the "Blue Code of Silence"
culture often found in law enforcement agencies.
3rd District Associate Justice George Nicholson
worked as a prosecuting attorney for more than
15 years before being appointed to the bench in
Sacramento County. The first time Governor
George Deukmejian submitted Nicolson's name to
the bar for review as a judge in 1983, he was rated
as "not qualified," according to the Sacramento
Bee.
"George Nicholson, Republican candidate
for attorney general in 1982, has been
pursuing all manner of public legal
positions: U.S. District Court judge,
California Superior Court judge, U.S. Attorney, public defender in Riverside County. The other
day, when Gov. George Deukmejian appointed him a Sacramento Municipal Court judge, he
finally got one. It's an appointment that ought to cause serious concern both within the State
Bar and in the community. When Deukmejian submitted Nicholson's name to the bar for
review on a possible appointment to the Superior Court in 1983, he was rated 'not qualified.'
The bar now ranks him 'qualified', the lowest acceptable rating of three the bar can give.
Third District Court of Appeal Associate Justice George Nicholson
rode to the benchon a "law and order" agenda.
No one can be certain precisely why Nicholson received such low ratings, but there is enough
in his public record to raise serious questions about his temperament and judgment. In 1979,
he left a job as director of the District Attorneys Association after an audit showed that the
organization's finances had been badly mismanaged and that it was on the verge of
bankruptcy. Later, as a senior assistant attorney general, he was twice admonished by
superiors for promoting a ballot measure in ways that could be mistaken as an official state
Justice Department endorsement of the measure. More recently, a federally funded $4 million
'National School Safety Center' affiliated with Pepperdine University that he directed was
embroiled in an extended controversy during which 18 of 30 staff members either resigned or
were fired.
The U.S. General Accounting Office, which conducted an audit into the management of the
Pepperdine program and into how the federal money was being spent, cleared the center of
fiscal irregularities, attributing the problems to Nicholson's 'combative' personality and
management style. But because of those problems, Pepperdine named a new executive
director, who, the auditors said, restored stability to the management of the program 'while
retaining Nicholson's creative talents,'" the Sacramento Bee said in 1987. Click here.
Nicholson subsequently was elected to both Sacramento County Superior Court and the 3rd District Court of
Appeal with backing from law enforcement, Crime Victims United and other Astroturf "victims rights" and "law
and order" groups. Crime Victims United is funded by - and acts essentially as asubsidiaryof - the California
Correctional Peace Officers Association, the controversial prison guard union.
A principal architect of Proposition 8 the "The Crime Victims' Bill of Rights", after a failed run as the GOP
candidate for attorney general Nicholson rode an anti-Rose Bird, tough-on-crime platform to the bench. Over
several decades, Associate Justice Nicholson played a significant role in giving the United States one of the
highest per capita rates of incarceration in the world. Thanks to Nicholson, the prison guard union, and
Astroturf "victims rights" groups bankrolled by the union, California now spends a significantly larger portion
of the state budget on corrections than on higher education.
Role of Political
Ideology
In 1985, Nicholson was demoted
from his position as director of the
federally financed National School
Safety Center in Sacramento. The
center was administered by
Pepperdine University at Malibu,
and established with a $3.8 million
Justice Department grant awarded
without competitive bidding. Under

Nicholson's leadership, 20 of the
original 30 staff members who set up
Third District Court of Appeal justices who previously were Sacramento
the Center resigned or were
County Superior Court judges include Harry E. Hull Jr., Ronald B. Robie,
dismissed. The Associated Press
George Nicholson Louis Mauro, and Presiding Justice Vance Raye.
reported that that the debacle was
rooted in ideological conflicts between Nicholson and staff whom Nicholson perceived as too liberal. According to
the AP coverage:
"Several [staffers] described Nicholson as a political conservative who mistrusted his mostly
liberal staff members, argued with them unceasingly about the direction of projects, and
accused them of disloyalty when they questioned his ideas.
'When it became obvious to him he attracted a number of us with a different political
philosophy, we were not permitted to do our work,' said Shirley Ruge, a former principal of
schools for delinquent children and one of those dismissed. 'We were considered
troublemakers and he wanted to shut us up.'"
Nicholson and former 3rd District Presiding Justice Arthur Scotland have been close friends and colleagues for
more than 30 years. For the California Appellate Court Legacy ProjectNicholson conducted an almost threehour interview with Scotland on December 8, 2011. The transcript of the interaction reads like a meeting of the
Nicholson-Scotland mutual admiration society. Nicholson opened the interview detailing the joint work history of the
BFFs.
"George Nicholson: We are here with retired Presiding Justice Arthur G. Scotland, who served
on the Court of Appeal, Third Appellate District, for more than 20 years, from 1989 to 2011,
and that...the last dozen of which he was the Administrative Presiding Justice. I'm George
Nicholson, Justice of the Court of Appeal, Third Appellate District, and I had the pleasure of
serving with Presiding Justice Scotland for 20 years on this court. Before that, we served
together as trial judges on the Sacramento Superior Court, and even before that we served
together in the Governor's Office during the Deukmejian administration and in the California
Department of Justice. This has been a long time coming, Scotty, hasn't it?Arthur Scotland:
Nick, it has, and it's a delight for me to have you interview me for this project."
Click here to view the full interview transcript.
"Judgment Roll" Standard of Review Hits Hardest

Indigent and Low-Income Litigants
In addition, the Third District Court of Appealin Sacramento applies a unique and previously rarely used
"judgment roll" standard of review that in virtually every case where applied results in affirmance of trial court
rulings. Appeals brought by self-represented indigent and low-income litigants make up the vast majority of appeals
where the 3rd District applies the judgment roll standard of review. Although the appellate court has authored
dozens of decisions invoking the draconian standard against family court litigants, it has managed to keep the
assembly line, boilerplate process under the radar. The court has not published a single judgment roll appeal
originating from family court. Click here to see a list of unpublished 3rd District opinions archived by Google
Scholar. The judgment roll summary affirmance process helps the court maintain its title as the most
efficientCourt of Appeal in the state. Equal protection of the law is implicated because other appellate court
districts do not apply the standard nearly as often as the Third District. Equal application of the law is a
foundational attribute of American Democracy.
Justices of the Third District Court of Appeal in Sacramento:

Vance W. Raye, Administrative Presiding Justice.
Cole Blease
Ronald Robie
William Murray Jr.
George Nicholson
Kathleen Butz
Elena Duarte
Harry Hull Jr.
Louis Mauro
Andrea Lynn Hoch
For additional Sacramento Family Court News reporting on the Court of Appeal for the Third Appellate
District, click here.
Chief Justice Tani Cantil-Sakauye, Justice Goodwin Liu, Justice Marvin R. Baxter, Justice Ming W. Chin, Justice Kathryn M. Werdegar,
Justice Joyce L. Kennard, and Justice Carol A. Corrigan of the Supreme Court are responsible for oversight and accountability of the 3rd
District Court of Appeal, and the other appellate courts in the state.
Home
Tani G. Cantil-Sakauye & Oversight of California Courts

State officials and agencies responsible for oversight and accountability of California courts, Sacramento Family Law Court, administrators, judges and employees include:Tani
G. Cantil-Sakauye Chief Justice - Elaine M. Howle State Auditor Bureau of State Audits - Victoria B. Henley Director Chief Counsel
Commission on Judicial Performance - Steven Jahr Administrative Director of the Courts - Phillip J. Jelicich Principal Auditor Bureau of State Audits - Janice M.
Brickley Legal Advisor to Commissioners Commission on Judicial Performance - Judicial Council and Court Leadership Services Division Jody Patel Chief of Staff - Doug D. Cordiner
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Sacramento Family Court News Exclusive Investigative Report

This investigative report is ongoing and was last updated in September, 2014.
ARTS & CULTURE

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As many of the articles on our main page reflect,

Sacramento Family Law Court whistleblowers
and watchdogs contendthat a "cartel" of local
family lawattorneys receive kickbacks and other
forms ofpreferential treatment from family
courtjudges, administrators and
employeesbecause the lawyers are members
of the Sacramento County Bar Association
Family Law Section, hold the Office of
Temporary Judge,and run the family court
settlement conference program on behalf of
the court.
The kickbacks usually consist of "rubberstamped" court orders which are contrary to
established law, and cannot be attributed to the
exercise of judicial discretion.For a detailed
overview of the alleged collusion between judge
pro tem attorneys and family court employees
and judges, we recommend our specialColor of
Law series of investigative reports. The reports
document some of the preferential treatment
provided by family court employees and judges
to SCBA Family Law Section judge pro tem
lawyers. Click here to view the Color of Law
series. For a list of our reports about family court
temporary judges and controversies, click here.
PETER J. McBRIEN
(20)
ROBERT SAUNDERS
(20)
WATCHDOGS
(19)
CHARLOTTE KEELEY
(18)
CJP
(18)
EMPLOYEE MISCONDUCT
(18)
PRO PERS
(18)
DOCUMENTS
(16)
DIVORCE CORP
(13)
JAMES M. MIZE
(12)
COLOR OF LAW SERIES
(11)
Sacramento Family Court reform advocates assert that collusion

between judges and local attorneysdeprives financially disadvantaged,
unrepresented pro per court users of their parental rights, community
assets, and due process and access to the court constitutional rights.
The current day Sacramento County Family Court system andattorney operated settlement conference program
was set up in 1991 by and for the lawyers of theSacramento County Bar Association Family Law Section,
according to the sworn testimony of controversial family court Judge Peter J. McBrien at his
2009Commission on Judicial Performance disciplinary proceedings. Click here to read Judge McBrien's
(11)
SATIRE
(11)
WOODRUFF O'HAIR
POSNER and SALINGER
(11)
JAIME R. ROMAN
(10)
testimony. In his own testimony during the same proceedings, local veteran family law attorney and judge pro
tem Robert J. O'Hair corroborated McBrien's testimony and attested to McBrien's character and value to
Sacramento County Bar Association Family Law Section members. Click here to view this excerpt of O'Hair's
testimony. To view O'Hair's complete testimony, click here.Court watchdogs assert that the settlement conference
kickback arrangement between the public court and private sector attorneys constitutes a racketeering enterprise
which deprives the public of the federally protected right to honest government services.
LAURIE M. EARL
(10)
Court reform and accountability advocates assert that the local family law bar- through the Family Law
ExecutiveCommitteeor FLEC - continues to control for the financial gain of members virtually all aspects of court
operations, and have catalogued documented examples of judge pro tem attorney preferential treatment and
bias against unrepresented litigants and"outsider" attorneys,including:
CARLSSON CASE
(9)
Divorce Corp, a documentary film that "exposes the corrupt and collusive industry of family law in
the United States" was released in major U.S. cities on January 10, 2014. After a nationwide search for
the most egregious examples of family court corruption, the movie's production team ultimately included
fourcases from Sacramento County in the film, more than any other jurisdiction. Judge pro tem
attorneys Charlotte Keeley, Richard Sokol, Elaine Van Beveren and Dianne Fetzer are each
accused of unethical conduct in the problem cases included in the movie. The infamous Carlsson case,
featuring judge pro tem attorney Charlotte Keeley and Judge Peter McBrien is the central case
profiled in the documentary, with Sacramento County portrayed as theGround Zeroof family court
corruption and collusion in the U.S. Click here for our complete coverage of Divorce Corp.
Judge Thadd Blizzard issued a rubber-stamped, kickback order in November, 2013 for judge pro tem
attorney Richard Sokol authorizing an illegal out-of-state move away and child abduction by Sokol's
client, April Berger. The opposing counsel is an "outsider" attorney from San Francisco who was
dumbfounded by the order. Click here for our exclusive report, which includes the complete court
reporter transcript from the hearing. Click here for our earlier report on the unethical practice of
"hometowning" and the prejudicial treatment of outsider attorneys.
Whistleblower leaked court records indicate that Sacramento Bar Association Family Law
Executive Committee officer and judge pro tem attorney Paula Salinger engaged in obstruction of
justice crimes against an indigent, unrepresented domestic violence victim. The victim was a witness in
a criminal contempt case against a Salinger client. The circumstances surrounding the obstruction of
justice incident also infer collusion between Salinger and controversial Judge Matthew J. Gary. For
our complete investigative report,click here.
Two "standing orders" still in effect after being issued by Judge Roland Candee in 2006 override a
California Rule of Court prohibiting temporary judges from serving in family law cases where one party
is self-represented and the other party is represented by an attorney or is an attorney. The orders were
renewed by Presiding Judge Laurie M. Earl in February, 2013.Click here for details.
Sacramento Family Court judges ignore state conflict of interest laws requiring them to disclose to
opposing parties when a judge pro tem working as a private attorney represents a client in family
court. Click here for our exclusive investigative report. Click here for a list of other conflict of interest
posts.
Family court policies and procedures, including local court rules, are dictated by the SCBA Family Law
Executive Committeefor the financial benefit of private sector attorneys, and often disadvantage the
70 percent of court users without lawyers, according to family court watchdogs and whistleblowers.
For example, in sworn testimony by Judge Peter McBrien before the Commission on Judicial
Performance,McBrien described seeking and obtaining permission from FLEC to change a local rule.
Click here and here.
In November, 2012 Sacramento Family Court Judge Jaime R. Romanissued a rubber-stamped,
kickback orderdeclaring a family court party a vexatious litigant and ordering him to pay $2,500 to
the opposing attorney, both without holding the court hearing required by law. The opposing attorney
who requested the orders is Judge Pro Tem Charlotte Keeley. The blatantly illegal orders resulted in
both an unnecessary state court appeal and federal litigation, wasting scarce judicial resources and
costing taxpayers significant sums.Click here for our exclusive coverage of the case.
Judge Matthew Gary used an unlawful fee waiver hearing to both obstruct an appeal of his own orders
and help a client of judgepro tem attorney Paula Salinger avoid paying spousal support. Click here for
our investigative report.
An unrepresented, disabled 52-year-old single mother was made homeless by an illegal child support
order issued by Judge Matthew Gary for SCBA Family Law Section attorney Tim Zeff, the partner of
temporary judge Scott Buchanan. The rubber-stamped, kickback child supportorder, and other
proceedings in the case were so outrageous that the pro per is now represented on appeal by a team
of attorneys led by legendary trial attorney James Brosnahan of global law firm Morrison & Foerster.
For our exclusive, ongoing reports on the case, click here.
Judge pro tem attorneys Richard Sokol and Elaine Van Beverenhelped conceal judge misconduct
and failed to comply with Canon 3D(1) of the Code of Judicial Ethics when they were eyewitnesses to
NO CONTACT ORDERS
(10)
SHARON A. LUERAS
(10)
WHISTLEBLOWERS
(10)
RAPTON-KARRES
(9)
CHRISTINA VOLKERS
(8)
FERRIS CASE
(8)
JESSICA HERNANDEZ
(8)
JULIE SETZER
(7)
YOUTUBE
(7)
3rd DISTRICT COA
(6)
CIVIL RIGHTS
(6)
CHRISTINA ARCURI
(5)
CONTEMPT
(5)
THADD BLIZZARD
(5)
(4)
LUAN CASE
(4)
CANTIL-SAKAUYE
(3)
MIKE NEWDOW
(2)
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an unlawful contempt of court and resisting arrest incident in Department 121. Both Sokol and Van
Beveren failed to report the misconduct of Judge Matthew Gary as required by state law.Van
Beveren isan officer of the SCBA Family Law Executive Committee.Click here for our exclusive
report...
...Four years later, Sokol and Van Beveren in open court disseminated demonstrably false and
misleading information about the unlawful contempt of court and resisting arrest incident. The
apparent objective of the judge pro tem attorneys was to discredit the victim of Gary's misconduct,
trivialize the incident, and cover up their own misconduct in failing to report the judge. For our follow-up
reports, click here. In 2014, a video of the illegal arrest and assault was leaked by a government
whistleblower. Click here for details.

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In 2008controversial family courtJudge Peter J. McBriendeprived a family court litigant of a fair trial
in a case where the winning party was represented by judge protemattorney Charlotte Keeley. In a
scathing, published opinion, the 3rd District Court of Appealreversed in full and ordered a new
trial. 6th District Court of Appeal Presiding Justice Conrad Rushing characterized McBrien's
conduct in thecase as a "judicial reign of terror."McBrien subsequently was disciplined by the
Commission on Judicial Performance for multiple acts of misconduct in 2009.Click here to read the
court of appeal decision. Click here to read the disciplinary decision issued by the CJP.
State Bar Court
Judge pro tem attorneysCamille Hemmer,Robert O'Hair,Jerry GuthrieandRussell Carlsoneach

testified in support ofJudge Peter J. McBrienwhen thecontroversialjudge was facing removal from
the bench by theCommission on Judicial Performancein 2009.As a sworn temporary judges aware
of McBrien's misconduct, each wasrequired byCanon 3D(1)of theCode of Judicial Ethicsto take or
initiate appropriate corrective action to address McBrien's misconduct. Instead, each testified as a
character witnessin supportof the judge. In theCJP'sfinal disciplinary decision allowing McBrien to
remain on the bench, theCJPreferred specifically to the testimony as a mitigating factor that reduced
McBrien's punishment.Click here. Court records indicate thatJudge McBrienhas not disclosed the
potentialconflict of interestto opposing attorneys and litigants in subsequent appearances by the
attorneys in cases before the judge.Click hereforSFCNcoverage of conflict issues.
Judge pro temattorneysTerri Newman,CamilleHemmer,Diane WasznickyandDonna
Reedwereinvolved in a proposedscheme to rig a recall electionofcontroversialJudgePeter J.
McBrienin 2008. The plan involved helping McBrien defeat the recall by electing him "Judge of the
Year" before the November election.Click herefor theSacramento News and Reviewreport.
Judge pro tem attorney Robert J. O'Hair testified as a character witness for controversial Judge Peter
J. McBrien at the judge's second CJP disciplinary proceeding in 2009.Paula Salinger, an attorney
at O'Hair's firm,Woodruff, O'Hair Posner & Salingerwas later granted a waiver of the requirements to
become ajudge pro tem. A family court watchdog asserts the waiver was payback for O'Hair's
testimony for McBrien.Click hereto read our exclusive investigative report.
In cases where one party is unrepresented, family court clerks and judges permit judge pro tem
attorneys to file declarations which violate mandatory state court rule formatting requirements. The
declarations- on blank paper and without line numbers - make it impossible for the pro per to make
lawful written evidentiary objections to false and inadmissible evidence. Click here for our report
documenting multiple state court rule violations in a motion filed bySCBA Family Law Section officer
and temporary judgePaula Salinger. To view the pro per responsive declaration objecting to the illegal

Association
be gender-specific)
Directory
Parents Association
Center for Judicial
Excellence
Divorce Corp
FindLaw
JDSupra Law News
filing click here, and click here for the pro per points & authorities.
Family court clerks and judges allow judge pro tem attorneys to file a fabricated "Notice of Entry of
Findings and Order After Hearing" in place of a mandatory Judicial Council Notice of Entry of
Judgment FL-190 form. The fake form omits critical appeal rights notifications and other information
included in the mandatory form. Click here for our exclusive report.
Sacramento Family Court temporaryjudgeandfamily law lawyerGary Appelblatt was charged with
13-criminal counts including sexual battery and penetration with a foreign object. The victims were
clients and potential clients of the attorney.The judge pro tem ultimately pleaded no contest to fourof
the original 13-counts, including sexual battery, and was sentenced to 18-months in prison. Court
administrators concealed from the public that Appelblatt held the Office of Temporary Judge.Click
hereto read our report.
Judge pro tem and SCBA Family Law Section attorneyScott Kendall was disbarred from the practice
of law on Nov. 24, 2011. Kendall was disbarred for acts of moral turpitude, advising a client to violate
the law, failing to perform legal services competently, and failing to keep clients informed, including not
telling a client about a wage garnishment order and then withdrawing from the same case without
notifying the client or obtaining court permission. Court administrators concealed from the public that
Kendall held the Office of Temporary Judge.Click here to view our report.
Fathers 4 Justice
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Judge pro tem attorneys Nancy Perkovich and Jacqueline Estonin 2008 helped Donna Gary - the
wife of Judge Matthew J. Gary - promote and market ClientTickler, a client management software
program for attorneys. The judge reportedly has never disclosed the conflict of interest as required by
the Code of Judicial Ethics. Click here for our exclusive report on the controversy.
PR Brown
PelicanBriefed
In February, 2013 the website of family law firm Bartholomew & Wasznicky cut off the public from the
only online access to The Family Law Counselor, a monthly newsletter published by the Sacramento
Bar Association Family Law Section. Lawyers at the firm include judge pro tem attorneys Hal
Bartholomew, Diane Wasznicky and Mary Molinaro. As SFCN has reported, articles in the
newsletter often reflect an unusual, collusive relationship between SCBA attorneys and court
administrators and judges.Click here for our report.
FCAC News
Family court reform advocates assert that judge pro tem attorneys obtain favorable court rulings on
disputed issues at a statistically improbable rate. The collusion between full-time judges and judge pro
tem attorneys constitutes unfair, fraudulent, and unlawful business practices, all of which are
prohibited under California unfair competition laws, including Business and Professions Code
17200, reform advocates claim.
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Unfair competition and the collusion between judges and judge pro tem attorneys ultimately results in
unnecessary appeals burdening the appellate court system, and other, related litigation that wastes
public funds, exposes taxpayers to civil liability, and squanders scarce court resources.
Watchdogs point out that the court operates what amounts to a two-track system of justice. One for
judge pro tem attorneys and another for unrepresented, financially disadvantaged litigants and
"outsider attorneys." Two-track systems are prohibited by the Code of Judicial Ethics, according to
the Commission on Judicial Performance and the California Judicial Conduct Handbook, the gold
standard reference on judge misconduct.Click here for articles about the preferential treatment given
judge pro tem attorneys. Click here for examples of how pro pers are treated.
After representing a client in Sacramento Family Court, San Francisco attorney Stephen R. Gianelli
wrote "this is a 'juice court' in which outside counsel have little chance of prevailing...[the] court has now
abandoned even a pretense of being fair to outside counsel." Click here to read Gianelli's complete,
scathing account.
The Sacramento County Bar Association Family Law Section is led by an "Executive Committee"
("FLEC") of judge pro tem attorneys composed ofChair Russell Carlson, Vice Chair Elaine Van
Beveren, Treasurer Fredrick Cohen and Secretary Paula Salinger. Three of the four have been
involved in legal malpractice litigation, violations of the Code of Judicial Ethics, or as a defendant in
federal civil rights litigation. Click here to read SFCN profiles of the Executive Committee members.
Click here for otherarticles about FLEC.
Judge pro tem attorneys are by law required to take or initiate corrective action if they learn that
another judge has violated any provision of the Code of Judicial Ethics, or if a lawyer has violated any
provision of the California Rules of Professional Conduct. Family court watchdogs assert that
temporary judges regularly observe unethical and unlawful conduct by family court judges and attorneys
but have never taken or initiated appropriate corrective action, a violation of the judge pro tem oath of
office. To view the applicable Code of Judicial Ethics Canons,Click here. For a Judicial Council
directive about the obligation to address judicial misconduct, a critical self-policing component of the
Code of Judicial Ethics, click here.
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