WHY JUDGES OR ATTORNEYS MUST SOMETIMES RECUSE THEMSELVES

But as the public may talk about recusal when it is discussed in major news stories, many don’t understand what the term actually means or the greater implications it has on the judicial system. Here’s why someone may recuse themselves from a case and what happens if someone who should have recused themselves didn’t do so.

What Does Recuse Mean in Law?

A recusal occurs when a judge or prosecutor would would have normally taken a case does not participate in it. This can happen if they are removed from the case due to a motion on behalf of an attorney or due to the individual’s decision. Recusals usually take place due to a conflict of interest of some type that will result in the judge or prosecutor being too biased to fairly participate in the case. Some of the top reasons a recusal may take place include:

• Bias or prejudice concerning the party or their attorney. If a judge or prosecutor has a bias or prejudice against the defendant or their defense attorney, then they cannot take the case. Simply trying a case involving the person or their lawyer in the past isn’t enough, there must be evidence there is actual bias or prejudice preventing them from acting fairly in the trial.
• A personal relationship to the party or their attorney. Alternatively, if the judge or prosecutor has a personal relationship to either the defendant or their lawyer, they cannot be expected to be fair, it doesn’t matter if this means the defendant is a loved one or a neighbor the judge or prosecutor sued in the past, if the two have a relationship beyond a simple acquaintance (just being friends on Facebook isn’t enough), the judge or prosecutor needs to recuse themselves.
• An economic interest in the case. While this is more commonly a problem for judges handling civil cases, it can still affect criminal ones as well. For example, if the prosecutor’s wife holds a lot of stock in a company being tried for fraud (which would likely result in the stock plummeting if the company is found guilty), he might be, or at least seem, less likely to try very hard to prove the company’s guilt, which is why he would be expected to recuse himself in such a case.
• A judge’s personal knowledge of disputed facts. This is less of a problem for prosecutors, but often there is evidence uncovered during the investigation of a case that is not actually admitted in the factual record of the case or that conflicts with the evidence presented in court. If a judge knows about such evidence, it could stop her from being impartial and she should recuse herself. Similarly, if a judge was the prosecutor in a case years ago that is later appealed, she could not judge the appeal.

What Happens if Someone Refuses to Recuse Themselves

Most judges and prosecutors will automatically recuse themselves if they feel there is a conflict of interest. If they do not, the defendant’s criminal attorney can file a motion to have the either judge or prosecutor recused from the case and the prosecutor can file one to have the judge recused. The judge may then determine if the prosecutor should be recused and will also make the determination about whether or not he should be recused if it was against him. If he decides he should not be recused, the side that filed the motion can then be able to have the motion heard by a higher judge.

If it is discovered after the fact that the judge or prosecutor should have recused themselves and did not, the case can be appealed and the court may order a new trial. The judge or prosecutor may also face disciplinary measures, which could even include disbarment.

When Defense Lawyers Have Conflicts of Interest

It’s worth knowing that defense lawyers can be conflicted on cases but it is not the same as recusal. The usual grounds are that a defense lawyer shouldn’t represent more than one defendant on a case. Another conflict is the defense lawyer has previously represented a co-defendant or a witness in the case.

Anyone who believes their motion to recuse a judge or prosecutor was improperly denied should tell their lawyer and be sure to include all relevant details regarding why they believe the judge or prosecutor should recuse themselves.

source 

28 U.S. Code § 144 – Bias or prejudice of judge

Rule 2.3: Bias, Prejudice, and Harassment

(A) A judge shall perform the duties of judicial office, including administrative duties, without bias or prejudice.

(B) A judge shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, and shall not permit court staff, court officials, or others subject to the judge’s direction and control to do so.

(C) A judge shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice, or engaging in harassment, based upon attributes including but not limited to race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, against parties, witnesses, lawyers, or others.

(D) The restrictions of paragraphs (B) and (C) do not preclude judges or lawyers from making legitimate reference to the listed factors, or similar factors, when they are relevant to an issue in a proceeding.

Tort Claims Form File Government Claim for Eligible Compensation

Complete and submit the Government Claim Form, including the required $25 filing fee or Fee Waiver Request, and supporting documents, to the GCP.

See Information Guides and Resources below for more information.

Tort Claims – Claim for Damage, Injury, or Death

• Federal –  Federal SF-95 Tort Claim Form Tort Claim online here or download it here or here from us

• California – California Tort Claims Act – California Tort Claim Form Here or here from us

• Complaint for Violation of Civil Rights (Non-Prisoner Complaint) and also UNITED STATES DISTRICT COURT PDF

Taken from the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Forms source

GRANDPARENT CASE LAW 

Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes

Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required

Cal State Bar PDF to read about Three Parent Law –
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf

Distinguishing Request for Custody from Request for Visitation

Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship

Child’s Best Interest in Custody Cases

When is a Joinder in a Family Law Case Appropriate? – Reason for Joinder

Joinder In Family Law Cases – CRC Rule 5.24

GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center

Motion to vacate an adverse judgment

Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder

When is a Joinder in a Family Law Case Appropriate?

Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848

Punsly v. Ho (2001) 87 Cal.App.4th 1099

Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

Ian J. v. Peter M

Can I Use Text Messages in My California Divorce?

Two-Steps And Voila: How To Authenticate Text Messages

How Your Texts Can Be Used As Evidence?

California Supreme Court Rules:
Text Messages Sent on Private Government Employees Lines
Subject to Open Records Requests

case law: City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government  Employees

Public Records Practices After the San Jose Decision

The Decision Briefing Merits After the San Jose Decision

Here is the Public Records Service Act Portal for all of CALIFORNIA Click Here

Rules of Admissibility – Evidence Admissibility

Confrontation Clause – Sixth Amendment

Exceptions To The Hearsay Rule – Confronting Evidence

Prosecutor’s Obligation to Disclose Exculpatory Evidence

Successful Brady/Napue Cases – Suppression of Evidence

Cases Remanded or Hearing Granted Based on Brady/Napue Claims

Unsuccessful But Instructive Brady/Napue Cases

ABA – Functions and Duties of the Prosecutor – Prosecution Conduct

Frivolous, Meritless or Malicious Prosecution – fiduciary duty

Police BodyCam Footage Release

Electronic Audio Recording Request of OC Court Hearings

19-year-old Zaid Gracia’s wish to become a police officer came true when he was made an honorary police officer of the Houston Police Department last December.

Zaid Garcia is a burn survivor. As a toddler, he was involved in a fire accident in which 80% of his body was burned when a candle fell and their house caught on fire. The accident blinded him permanently and he also lost both of his hands.

As a little boy, he had to endure many surgeries and faced great challenges over the years as he grew older. But the fighting spirit in him never dimmed or died, even once.

“It’s been a hard path, but I healed, I want to inspire people,” he said.

Garcia had dreamt of becoming a police officer since he was 10 years old but had never really believed that he would become one. However, it would take 9 more years for his wish to be fulfilled.

His dream finally comes true

When social media influencer, Isaiah Garza came across Garcia’s story, he was inspired and wanted to help him fulfill his dream. So he tracked him down.

Garza says, “His mental willpower is beautiful and it doesn’t stop him from wanting to be who he wants to be, everything he’s been through, he still stands tall, and he just is such a brave human being and so much courage.”

Garza, was able to get in touch with the Houston Police Department to help Garcia’s dream be fulfilled.

Garcia spent a day at the academy of HPD doing everything an officer would; learning to make a traffic stop, clearing a room and taking down a suspect, meeting a K9 officer, and at the shooting range.

Later, he also got the opportunity to address the cadets at the academy. Sharing his life’s story, he told them, “I ended up proving the doctors wrong, too, you know. They thought I could not make it, but here I am”.

Trainee officers and staff were left speechless, visibly emotional, and in awe by the courage and brave spirit of the teenager as he shared his story.

“You make our jobs worthwhile and rewarding and I’ll remember your testimony about wanting to be part of law enforcement for the rest of my life,” said a prosecutor who was teaching the class of cadets to Garcia.

“Everybody who’s come in contact and had the pleasure of meeting him today has left better than before they met him,” said one sergeant.

Garcia was also given a junior police officer uniform and a certificate by Chief Troy Finner, who stated that it was a great honor to bestow on Garcia an honorary officer of HPD.

Garcia wants to help people and has a bigger dream of becoming a motivational speaker someday. His journey has only begun and he hopes to inspire more people in the future.

“In some way, you can achieve your dream,” he said. “I may be different, but it doesn’t mean that it stops me.”

Garcia’s story is a great example of a resilient spirit. It teaches us an important lesson of not taking life for granted, complaining less, and being thankful for what we have. And to never ever give up in life. source

How is Zaid Garcia Now ?

The video below is from his very own YouTube Channel called Zaid the burned survivor @zaidtheburnedsurvivor776

Subscribe to him below

https://www.youtube.com/@zaidtheburnedsurvivor776

‘You make our jobs worthwhile’: Burn survivor inspires LEOs while serving as an officer for a day

The teen, who suffered burns to 80% of his body during a fire, got to experience being an officer while inspiring Houston PD members along the way.

GALVESTON COUNTY, Texas — For 19-year-old Zaid Garcia, becoming a police officer has been a lifelong dream since he was 10 years old, but he always felt his dream might be out of reach.

“I told her, ‘Mom, I think I can do it,’” Garcia told KPRC News. “To be honest, I didn’t even believe it myself.”

His doubts stemmed from a life-changing accident when he was a young child living in Mexico.

Garcia suffered severe burns to more than 80% of his body, blinding him, and causing him to lose both hands, according to KPRC News. The serious injuries put him in a coma and resulted in many surgeries over the years.

“No one knows how but a candle fell, and when the candle fell, the house caught on fire,” he told KPRC.

When Los Angeles social media influencer Isaiah Garza heard about Garcia’s story and aspirations of becoming an officer, he tracked him down to make his dream become a reality.

“His mental willpower is beautiful and it doesn’t stop him from wanting to be who he wants to be,” Garcia told the news platform. “Everything he’s been through, he still stands tall, and he just is such a brave human being and so much courage.”

Garza contacted the Houston Police Department, and the teen spent a day at HPD’s Academy in North Houston doing everything an officer would: learning to make a traffic stop on the driver’s track, helping clear a room and take down a suspect, meeting a K-9 officer, and visiting the shooting range.

Garcia spoke to a group of cadets at the academy that day, telling them, “I ended up proving the doctors wrong, too, you know. They thought I could not make it, but here I am.”

A prosecutor who was teaching the class of cadets was touched by the teen’s story of perseverance and strength.

“You make our jobs worthwhile and rewarding and I’ll remember your testimony about wanting to be part of law enforcement for the rest of my life,” the prosecutor told Garcia during the class.

After receiving a junior police officer uniform and being presented with a certificate by Chief Troy Finner, Garcia proclaimed this day one of the best in his life.

“In some way, you can achieve your dream,” he said. “I may be different, but it doesn’t mean that it stops me.” source

Boy, 16, who survived 80% burns but was blinded raises £300,000 in huge fundraising drive to get his sight back

• WARNING: THIS ARTICLE CONTAINS CONTENT SOME MAY FIND DISTRESSING 
• Zaid Garcia, from Galveston, Texas, has been blind since accident at age of two
• Teenager lost both of his hands and five toes, and his eyes were severely singed
• Doctors covered eyes with layer of skin to let them heal and protect from light 
• But now Zaid wants to go through with surgeries to let him see his family again 
• To donate towards Zaid’s surgery, visit his GoFundMe page by clicking here

A schoolboy who miraculously survived 80 per cent burns is raising money so he can see his family and friends for the first time since an horrific accident as a toddler.

A schoolboy who miraculously survived 80 per cent burns is raising money so he can see his family and friends for the first time since an horrific accident as a toddler.

The teenager lost both of his hands and five toes, and his eyes were so severely burned that surgeons covered them with skin to let them heal.

Zaid is hoping to get his sight back through surgery to have the layer of skin removed and his eye lids reconstructed.

He says the first thing he wants to see is his best friend Julia’s ‘beauty’ and his family.

A GoFundMe page was set up by non-profit organisation Special Books for Special Kidswith the initial goal of raising £50,000. 

But supporters turned out in droves and have so far raised £300,000 for the teenager.

Zaid Garcia, from Galveston, Texas, has been blind since the age of two after a candle caught fire to his blankets as he slept and burned him alive

Zaid said: ‘I’m sharing my story to inspire people and show them that miracles do exist.

‘When I was two-and-a-half my mum took me to bed and […] a candle fell and it caught on fire.

‘I was super injured. I’ve had so many operations now that I can’t even remember. I’ll probably have more skin grafts [in the future].

‘They amputated both my hands and they took the fingers too. I have both my legs and feet.’

He added: ‘I have five toes on the left and on the right, I have one toe. I don’t walk normally. I don’t step flat.

‘The doctors shut my eyes under the skin. I don’t know why they didn’t just take them out – probably because they thought I would see in the future.

‘So my next hope is to get my vision back. I’ve been blind since the accident. If I was to have this surgery it would be the first time I’d see the world properly [since before the fire].

‘To be able to see my family again after 14 years will be good. I think it’ll be cool. The first thing I want to see would be one of my friends. My best friend from school, Julia. I’d like to see her beauty, I guess.’

The teenager lost both of his hands and five toes, and his eyes were so severely burned that surgeons covered them with skin to let them heal

After the incident, Zaid was flown from his former home in Mexico to a hospital in San Antonio, Texas, where he received the treatment for fourth degree burns, which ultimately saved his life.

When Zaid was released from hospital, his family settled in the US state, where he currently attends a school for the blind.

Zaid said: ‘It was hard growing up to be honest. People are scared of me because of the way I look and when I was young, I tried to commit suicide.

‘My mum told me that was not the right thing. I was finding it hard to fit in at school and make friends. I work hard to improve each day. I just want to be accepted.

‘When people meet my parents, my mum prepares them. She explains, “Hey, I have a child with disabilities.”

  

‘She prepares them. Of course, they get surprised, but [soon] they only care about my personality.

‘[When people meet me now], I hope that they think I’m interesting – that I’m easy to talk to. I like going out with friends and giving them time to talk with me if they need something.

‘I like to sing and sometimes I write songs or poems. I love art and playing around with pencils. I have other interests, and I hope people see that when they meet me.’

Zaid has overcome many obstacles throughout his life but remains hopeful for the future, when he plans to become a translator and motivational speaker.

He added: ‘I hope people will realise that you shouldn’t give up just because they tell you you’re not going to make it. I want to encourage people.

‘The doctors said I was going to die. There was no hope for me. They predicted that I would not be able to talk, but I’m a miracle because of that. I can say thank you in nine languages.

‘The most important thing for me is learning languages – Finish, Swedish, Danish, Chinese. In the future I want to be an interpreter and maybe a motivational speaker.

‘Spanish is my first language and I learnt English at school when I was just nine-years-old. I’m a sophomore this year. I’m working hard on my exams and I will probably go to college.

‘My parents say to me ‘be good’ when I go to school. They are very supportive and encourage me to carry on as if nothing happened.’

To donate towards Zaid’s surgery, visit his GoFundMe page by clicking here.\

 

WHAT ARE FOURTH DEGREE BURNS?

It is often thought that third-degree burns are the worst.

However, the degrees of burns can actually go higher.

Though not commonly mentioned, burn classification includes fourth-degree burns.

This is the deepest and most severe of burns and are potentially life-threatening.

These burns destroy all layers of your skin, as well as your bones, muscles, and tendons.

There is no feeling in the area since the nerve endings are destroyed.

This is because the nerves are responsible for sending pain signals to your brain. source

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The Inspiring Journey Of Zaid Garcia: Before And After Burn

All you need to know about the Transformation of Zaid Garcia, before and after the Burn.

Zaid Garcia, a 20-year-old from Texas, was a typical young man, joyful, carefree, and full of hope. His life, however, took a tragic turn in 2019 when he received third-degree burns in a fire mishap. He was struggling for his life after the accident, which left him with burns attempting to cover 80% of his body. Yet Zaid’s story is about more than simply his survival; it’s also about his miraculous metamorphosis following the disaster. In this post, we will look at Zaid Garcia’s before and after, from the person he used to be prior to the burn to the person he has become since.

Zaid Garcia

Mental Transformation:

Zaid’s mental makeover following the burn is equally astounding. The accident has already left him with physical scars, but it additionally also impacted him emotionally. He had to accept that he was no longer the same guy he was before the fire. Instead of concentrating on the past, Zaid used his experience to inspire others. He began speaking at gatherings and sharing his experience to inspire people to never give up on their aspirations.

Others’ Reactions:

Zaid’s metamorphosis has had tremendous repercussions on others. His tale has had an impact on the lives of people all across the world, and his story has served as an inspiration to many. His optimistic attitude and perseverance to overcome hardship have inspired many people to follow their aspirations, regardless of the obstacles they may face.

“How many people got a chance at a job and the pride of earning an income, even temporarily, from his actions.”

August 11 will mark seven years since one of the world’s greatest comedic minds passed away. Robin Williams was just 63 when he was found dead at his home in California. He had committed suicide after battling severe depression.

But even now, we are still discovering incredible things about the actor and comedian, and further proof that he was one of the most generous and kind-hearted men in showbusiness.

Brian Lord is a fan of the actor and works in the entertainment. In a post on his blog, he shared something he learnt about the actor when he tried to book Williams for an event. Author Perry Marshall shared Lord’s post on Facebook, a revelation that just demonstrated once again the size of Williams’ heart.

The story revolves around the rider (a set of conditions that a celebrity will send to an event before attending) that Williams asked for.

Lord writes: “Years ago I learned a very cool thing about Robin Williams, and I couldn’t watch a movie of his afterward without thinking of it. I never actually booked Robin Williams for an event, but I came close enough that his office sent over his rider.”

He continues: “When I got Robin Williams’ rider, I was very surprised by what I found. He actually had a requirement that for every single event or film he did, the company hiring him also had to hire a certain number of homeless people and put them to work.

“I never watched a Robin Williams movie the same way after that. I’m sure that on his own time and with his own money, he was working with these people in need, but he’d also decided to use his clout as an entertainer to make sure that production companies and event planners also learned the value of giving people a chance to work their way back.”

“I wonder how many production companies continued the practice into their next non-Robin Williams project, as well as how many people got a chance at a job and the pride of earning an income, even temporarily, from his actions,” Lord contemplates.

“He was a great multiplier of his impact. Let’s hope that impact lives on without him. Thanks, Robin Williams – not just for laughs, but also for a cool example.”

What a man he was.

Robin Williams used the height of his popularity to help homeless people get work on his films. The great Robin Williams committed suicide in the summer of 2014. It was a public passing that many fans and admirers still struggle to cope with. Luckily for us fans, however, Robin’s phenomenal body of work remains behind, as do the heartwarming stories about the late actor.

A fan and entertainment industry worker, Brian Lord, spoke about a rider in Robin Williams’s contract that required the production hire homeless people to work on the film. The document also contained food specifics and other requests from the actor, many of them trivial, as is common for riders in the entertainment industry. But the ever-creative Robin also saw the opportunity to make a difference in the lives of the poor, and he took it.

Employment Rider Requests Help For Homeless People

Brian Lord was greatly impacted by seeing such a generous note in Robin’s rider. Brian states, “I couldn’t watch a movie of his afterward without thinking of it. You can learn a lot about a person from their rider.”

Although Brian and Robin never officially worked together, the rider was in Brian’s possession. The kindness and love that Robin personified were evident in his unusual request. Brian says, “He actually had a requirement that for every single event or film he did, the company hiring him also had to hire a certain number of homeless people and put them to work.”

Robin Williams and his USO Tours

The actor has always been a celebrity for the people. Robin was a USO entertainer for more than 12 years, making troops laugh and forget about their immediate hardships for even just a brief moment. John Hanson, senior vice president at the USO, states, “He loved going on our tours and meeting troops and finding out more about them. It was clear to the troops that he was interested in them, from the troops who came backstage to talk about their own sobriety issues to their experiences with AA and the support that he gave them.”

Fellow frequenter of USO Tours and comedian Lewis Black describes Robin’s character as well. Black says, “His generosity of spirit was as boundless as his comedy.” It was clear that Robin Williams was sent here to bring joy and comfort to us all, wherever we are on this Earth.

Whether the reports of the ‘Homeless People Help Rider‘ are 100% true or part of a rumor that was expanded upon over the years, Robin Williams will forever go down in history as one of the funniest and kindest people ever to live. He’s forever immortalized for his dozens of entertaining films, but more importantly, for the beauty of his heart.

Whether he caught your attention on Mork & Mindy, or if Mrs. Doubtfire and Good Morning, Vietnam were the inciting interest, most people have enjoyed some aspect of Robin Williams’s career. Please enjoy this tribute we put together for one of our favorite entertainers of all time, Mr. Robin Williams. source