DISQUALIFYNG OF PREJUDICED JUDGE

CALIFORNIA LAW REGARDING JUDICIAL DISQUALIFICATION

There are times when the disqualification of a judge can be an issue. The Code of Civil Procedure 170.6 CCP is the California law that says a judge can be disqualified from presiding over a civil lawsuit or criminal trial if the judge seems to be prejudiced against one of the parties or attorneys.

If somebody wants to challenge the judge, they don’t have to prove that the judge is biased and don’t have to give any factual reasons for their claim. They have to say that they believe the judge is prejudiced and don’t think they can have a fair trial.

As soon as somebody makes this challenge, the judge must stop presiding over the case and allow it to be assigned to another judge. The challenge must be made in a timely manner, or else it will not be accepted.

Each side gets one peremptory challenge regarding the judge in a case.  A judge can also be challenged for cause, which is discussed in detail below.

The California Code of Civil Procedure CCP 170.6(a)(1) says, “a judge, court commissioner, or referee of a superior court of California shall not try a civil or criminal action or special proceeding nor hear any matter that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding.”

When someone attempts to challenge, or disqualify, a judge on the grounds of prejudice, this challenge is often called a “peremptory challenge.”

To be “disqualified” means a judge is removed from a court case, and an alternate judge will get assigned to the proceedings. Any party in a case who wants to seek a peremptory challenge must file a motion to recuse and then follow the proper legal procedures.  Our Los Angeles criminal defense lawyers will review further below.

WHAT IS THE PROCESS TO DISQUALIFY A JUDGE FROM A CASE IN CALIFORNIA?

To disqualify a judge with a peremptory challenge, you must do two things:

• file a motion to recuse and
• follow the correct steps when filing this motion.

A motion to recuse is a legal motion that asks the court to remove a judge from a case because they may be biased. A motion to recuse a judge can be filed by the prosecutor, the defense attorney, or the plaintiff or defendant in either a criminal or civil case.

If you want to disqualify a judge, you must file a motion that includes specific language listed in the law at California Code of Civil Procedure CCP 170.6. This motion must be filed on time. This means you can try to disqualify a judge any time before the trial starts.

Usually, people try to file this motion before the judge decides a disputed fact in the case. This usually means filing the motion within ten days after you receive notice that the judge is assigned to your case.

If the court grants the peremptory challenge, a new judge will take over the case. If the motion to recuse is deficient in some way, then it will be denied, and the current judge will remain on the case unless another motion is filed correctly. Attempting to remove a judge requires a specific set of procedures to be followed, or you will be denied.

WHAT ARE THE DIFFERENCES BETWEEN PEREMPTORY AND FOR CAUSE CHALLENGES?

Two challenges exist when seeking to recuse a judge from a case. These challenges are known as peremptory challenges and challenges for cause.

When making a peremptory challenge, the party making the challenge simply has to allege prejudice. When there is a perceived conflict of interest, a judge can be removed for cause.

Under the California Code of Civil Procedure CCP 170.1, a party can try to remove a judge from a case for cause if they believe the judge has a conflict of interest for various reasons.

This could be because the judge has personal knowledge of disputed facts in the case or because the judge served as a lawyer in the proceeding or advised a party in the proceeding.

The judge could also be removed from the case if they have a financial interest in it or are related to one of the parties involved. Further, a judge could be removed if they, or someone related to the judge, is associated in the private law practice with a lawyer on the case.

The presiding judge can also decide to remove themselves from a case. There are other reasons why a judge might remove themselves from a case:

• If the judge thinks that recusing themselves would further the interests of justice,
• If the judge thinks there is substantial doubt as to their ability to be impartial, or
• If someone who knows all the facts could doubt the judge’s ability to be impartial.

There are no limits on the number of for cause challenges regarding the presiding judge for the parties involved in a case.

WHAT OTHER CONSEQUENCES CAN JUDGES FACE?

The California Commission monitors all state judges on Judicial Performance. If a judge commits misconduct or violates an ethical rule, they can be suspended or removed from the bench entirely. A probate judge can be disqualified for specific reasons under the California Probate Code at 7060 CPC.

Disgraced retaliatory judge throws constitution, civility, temperance and true leadership in the trash to harm a young boy father and inheritantly his little boy who cried for his father, while being ripped away by lawyers and this judges orders.

a true coward, a powerfless soft boy beta male!

Judge Israel Izzy Claustro should rename himself to Israel Clouded Claustro aka Dizzy Izzy

Judge Israel Izzy Claustro, loves stealing Indian Children away from their ancestors 

Michael Lombardi is an Registered American Indian. He is from theYaqui Indian Tribe and Piro-Manso-Tiwa tribe

The Yaqui are a Native American people of Arizona. The Piro-Manso-Tiwa tribe is an historical tribe located in the Mesilla Valley in southern New Mexico. The tribe is a Pueblo people and lived along the Rio Grande River Valley in Las Cruces, New Mexico.

you can read about Michael Lombardi’s Great Great Grandfather Frank C. Brito who fought side by side with Teddy Roosevelt and was an active member of The Rough Riders. You can read all about Frank and his patriotic historic life that is in American History Books and Museums including the Smithsonian

Michael Lombardi was taken illegally from the father, due to Judge McConville being vindictive nature and removed from the case.

The new judge Israel is continuing Judge McConville vindictiveness which you can find HERE

The mother is a Belize Citizen, born in Belize who has finally obtained naturalization in the United States. The courts have given 100% custody to a BELIZEAN BORN NATIVE WOMAN and the courts have assisted the mother and her old council the perjurer Paul Toepel in an ferocious attempt in STRANGLING THE REALTIONIONSHIP of MICHAEL LOMBARDI’s AMERICAN INDIAN HERITAGE AND REALTIONS WITH HIS TRIBE AND FAMILY OF THE TRIBE

Marcia is a naturalized Citizen who underwent the Naturalization is a process. Citizenship is a status. Naturalization is the process by which an immigrant becomes a U.S. citizen after meeting certain requirements, while citizenship applies to anyone who is a United States citizen, regardless of whether they were born within the U.S. or outside the U.S. We are Native American Indians who were savagely victimized and slaughtered by the US Government and given sovereignty and rights all our own.  Now the US Government is once again victimizing an entire US BORN NATIVE AMERICAN FAMILY! Grandparents cannot see their own grandchild! Grandma is 100% Native Indian!

This judge must RECUSE HIMSELF (Why Judges, District Attorneys or Attorneys Must Sometimes Recuse Themselves)
This case has had so many corrupt players from several judges to OCDA Office tampering, malicious prosecution, abuse of process and denial of my due process and civil rights and liberties. All my cases need a CHANGE OF VENUE all these judges and DA’s are friend.  THE JUDGES COULD CARE LESS CARE ABOUT JUSTICE. THESE JUDGES ONLY CARE ABOUT PROTECTING THEIR OWN KIND FROM TORT CLAIMS AND LOSS OF LICENSE, DIGINITY, REPUTATION, STATUS, POWER AND OF COURSE FUTURE WORK! ON THE OTHER HAND THEY THE JUDGES HAVE DONE NOTHER TO PROTECT MY SON FROM A WANTED FUGITIVE SEX OFFENDER WHO HAS MULTIPLE SEX CRIME WARRANTS AND HAS STILL NOT BEEN PROSECUTED FOR ALL THE DICK PICS HE TOOK WITH MY SONS PHONE, AND WAS ON MY SONS PRIMARY COMMUINCATION DEVICE WHICH IS A FELONY 288PC OR 288.2 PC. THEY LIKE MY SON AROUND A FUGITIVE SEX OFFENDER,  THEY COULD CARE LESS! BUT HISTORY HAS SHOWN MANY GOVERMENT OFFICIALS DONT LIKE FAMILY UNITS AND HAVE SHADY PASTS OR ACCUSAATIONS OF INAPPROPRIATENESS THEMSELVES WITH CHILDREN.

Maybe the Judge forgot he is still an Attorney, he must have forgot The Attorney’s Sworn Oath . His bias requires him to recuse himself or to be re-assigned by his SUPERIOR. He was so biased he couldn’t see his vindictiveness and I had to point it out to his Superior The Honorable Julie A. Palafox she is apparently well known for her Using Her Role on the Bench to Help Families  Judge Julie Palafox seems to be more fair it appears, (read here).

If the system forgets there is always a way (learn more) for the people to secure their rights if your read up and know your constitution well.

and if i find a bias judge that is too bias to see his bias there is always Removing Corrupt Judges, Prosecutors, Jurors and other Individuals & Fake Evidence from Your Case​ using Removal a Judge / Recusal of Judge

“The elements of a cause of action for negligence are: duty, breach of duty, legal cause, and damages. (Friedman v. Merck & Co. (2003) 107 Cal.App.4th 454, 463.)”

HOW DID MY SONS LA COUNTY FAMILY LAW CASE GET INTO BIASED ORANGE COUNTY ANYWAYS? I LIVE IN LA COUNTY. MY SON WAS BORN IN LA COUNTY. THE FAMILY DEPENDENCY CASE WAS STARTED IN LOS ANGELES COUNTY. WE ARE OUT OF JURISDICTION. MRS ROBERTSON, THE PETITIONER MANIPULATED THE WHOLE SYSTEM.  SHE SIMPLY WENT TO FILE A RESTRAINING ORDER AND CUSTODY AND BROUGHT THIS LA COUNTY CASE INTO ORANGE WITHOUT MY CONSENT. I DID NOT UNDERSTAND JURISDICTION AT THE TIME OF MY FIRST ORANGE COUTNTY HEARING. PLEASE RETURN MY FAMILY LAW CASE BACK TO ITS ORIGIN WHICH IS LA COUNTY ALSO PROTECT MY AMERICAN INDIAN SON AND RETURN HIM TO OUR FAMILY AND TRIBE.

OUR TRIBE IS PREPARED TO DEFENT OUR RIGHTS 

This case started in Los Angeles as a dependency case at Edmund D. Edelman Child Courts somehow the mother filed paperwork in the wrong county, as she lives in LA Habra on the border of Los Angeles.  My son was born in Panorama City Kaiser Permanente with Me at his side and he resided in Los Angeles County at one of my mansions in Santa Clarita.  I never agreed to have it switched, and the mother, living on the border of Los Angeles / Orange County may have accidentally or intentionally chose orange county courts. This case is out of its jurisdiction where it started in Edmund D. Edelman courts, please return this case back to Edmund D. Edelman courts meanwhile return custody and visitation to us the Native American Family and punish the contemptuous mother. By repeatedly allowing a wanted fugitive sex offender over against the judges orders repeatedly passive aggressively spits on the judges orders!  another instance when the judge had issued phone calls for me the father, she never gave me one call!! I got mad in court at the judge Scott B. Cooper for allowing her to NEVER OBEY HIS ORDERS and he punishes me for being mad at the courts consistent prejudice towards me the father and the blatant passive aggressive spitting on judges orders by the mother, all the time me losing more and more of my son time with me.

​My son honey company needs him https://michaelsorganichoney.com/about-michaels-organic-honey/

https://goodshepherdmedia.net/daddy-son-suffer/

Can You Transfer Your Case to Another County or State With Family Law? – Challenges to Jurisdiction

Venue in Family Law Proceedings

This is a 14th amendment violation Section 9.32

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

• Parent’s Rights & Children’s Bill of Rights Amdt 5.4.5.6.2 Parental and Children’s Rights – Fifth Amendment

MY SON IS A REGISTERED AMERICAN INDIAN THAT YOU THE US GOVERNEMENT ARE DEPRIVING OF HIS FATHER, HIS FAMILY, HIS AMERICAN INDIAN TRIBAL BLOODLINE. THESE ARE DEPRIVATION OF RIGHTS

Indian Child Welfare Act US – Indian Children – Family Law

18 U.S. Code § 242 – Deprivation of rights under color of law​

18 U.S. Code § 241 – Conspiracy against rightsImpartiality of the Judge – Judicial Bias

The right to an impartial judge is based on the Due Process Clause of the United States Constitution and is expressly set forth in many state constitutions.[16] In addition, state codes of judicial conduct require that judges be impartial. The ABA Model Code of Judicial Conduct, state code analogs, and the common law of many states use a two-part test for disqualification or recusal – a subjective and objective test.[17] The subjective test is met when the judge believes that she is, in fact, biased; the objective test is met if a disinterested person might reasonably question the judge’s impartiality. If either test is satisfied, the judge must recuse herself.[18]

Counsel may question a judge’s impartiality based on her treatment of, and comments made to or about, counsel or counsel’s client. According to Liteky v. United States,[19] judicial remarks and actions require recusal when “they reveal an opinion that derives from an extrajudicial source” – that is, the judge has relied on evidence from outside the case – or where they “reveal such a high degree of favoritism or antagonism as to make fair judgment impossible.” As to the first part, judges may be exposed to extrajudicial information, but they cannot rely on it.[20] For example, the judge may overhear court staff discussing a parent’s bad behavior in the courthouse lobby, but the judge cannot issue an order based on that information unless it is introduced in evidence. In a Massachusetts case, Care and Protection of Zita, the judge granted temporary custody to CPS based on her memories of a previous dependency case that involved the mother’s other children; as a result, the appellate court reversed.[21] Further, judges cannot actively seek outside information; they cannot do web searches for the parties or the facts at issue, and they cannot ask their law clerks or other staff to do so.[22]

What isn’t Bias?

Inappropriate behavior. Litecky sets a high bar; mean or rude comments by a judge do not constitute bias unless they “reveal such a high degree of favoritism or antagonism as to make fair judgment impossible.”[23] Criticism, disapproval, or even hostility to counsel, the parties, or their cases isn’t bias unless it is extreme or pervasive.[24] Appellate courts are extremely forgiving when judges only make one or two nasty comments; they examine the entire trial to place the judge’s comments in context.[25] Even if the judge’s comment or behavior is clearly inappropriate, judges are given considerable leeway. For instance, in an Ohio case, State v. Johnson, the judge cried during sentencing because she was sympathetic to the victim’s family.[26] The appellate court affirmed; the judge was permitted to exhibit human emotion, and doing so did not show bias.[27]

Preference for a party. Judges may show a preference for one side, but only if that preference is based on information learned from the case.[28] A judge may, therefore, express her preliminary views of the merits of the case so long as those views stem from information learned at trial or observations of the parties during trial. A judge’s preference shows bias only if it is “undeserved, or because it rests upon knowledge that the subject ought not to possess . . . or because it is excessive in degree.”[29] Accordingly, if a parent equivocates during testimony, the judge can question the parent’s credibility and call him a liar. But the judge probably cannot call him the “worst liar ever” (which is excessive) and definitely cannot say he’s a liar based on extra-judicial information.

Criticism of counsel. Judges may scold and criticize counsel in an effort to control the courtroom and the progress of trial.[30] If, for example, counsel is talking over the judge or repeatedly asking leading questions to a witness on direct despite warnings to stop, the judge can criticize counsel’s performance. Indeed, the worse counsel’s behavior, the harsher the judge is permitted to be to manage the trial. A judge is not biased if she held counsel in contempt in a prior case or even in the same case.[31] Even if the judge’s poor behavior is unrelated to counsel’s misconduct, it does not indicate bias unless it is extreme, pervasive, or “reveal[s] such a high degree of favoritism or antagonism as to make fair judgment impossible.”[32]

Remanded or related dependency cases. Judges may sit on the same dependency case on remand, even if the appellate court has found prejudicial errors (although an appellate court can remand specifically to a different judge).[33] Judges who presided over a parent’s prior dependency cases involving the same or other children can sit on new cases, even if the judge terminated parental rights in the prior case.[34] The judge cannot rely on memories of the prior cases when ruling in the current case – she must rely on evidence admitted, or observations made, in the current case.[35]

What is Bias?

Judges do not get a free pass for all types of mistreatment of counsel and clients.

Unfair treatment. Sometimes a judge’s treatment of counsel is so virulent that her fairness must be questioned. For example, where the judge’s extreme harshness:

•  is not intended to address misbehaving counsel,
•  has not been triggered by counsel’s misbehavior,
•  is grossly disproportionate to counsel’s misbehavior, or
•  is aimed at only one lawyer when all are acting the same way.

In a Massachusetts case, Commonwealth v. Sylvester,[36] the judge ridiculed defense counsel, threatened to cut off her argument, and interrupted her questioning of witnesses. Most of the judge’s harsh comments were directed at her, nearly all disparaged her skills, and many had personal overtones. Meanwhile, defense counsel had conducted a skillful trial, objected respectfully, and “painstakingly attempted to preserve her client’s rights.”[37] The appellate court reversed, holding that the judge’s bias denied the defendant a fair trial.[38]

Denial of due process. Appellate courts will also reverse when a judge’s harsh treatment deprives that party of due process.[39] For example, if counsel bungles a cross-examination, the judge can call counsel inept and warn him publically that he must raise his game. But the judge cannot declare that, as a result of the incompetent cross, the client has rested. Judges also cannot, in order to “punish” a poorly behaving client or underperforming lawyer, refuse to hold a normal trial, act as a prosecutor, improperly restrict counsel’s cross-examination, prevent offers of proof, or unreasonably cut off counsel’s closing.[40]

Early determination of case merits. Appellate courts will reverse for bias when judges make up their minds on the merits before all evidence is presented.[41] Although, as noted above, tentative views of the merits are permissible before the end of trial (provided they arise from what the judge has heard and observed in the case), the judge cannot “decide” a legal issue before the end of trial. For example, in Adoption of Adina,[42] a Massachusetts case, the appellate court reversed because the trial judge stated that the mother was unfit even without a trial. Even appearing to have decided the merits before the close of evidence is reversible. In another Massachusetts case, Adoption of Tia,[43] the appellate court warned that trial judges must maintain not just fairness but the appearance of fairness; otherwise, counsel and the parties will lose faith in the impartiality of the judiciary.[44]

Expression of personal bias or prejudice. Finally, appellate courts will reverse for judicial bias when the judge expresses an actual personal bias or prejudice about the parties or counsel. For instance, judges cannot express disdain for people of a certain faith or color or an opinion that single parents are per se inadequate. In a United States Supreme Court case, Berger v. United States,[45] a criminal case in which the defendant had German ancestry, the trial judge made several insulting comments about Germans, including “[t]heir hearts are reeking with disloyalty.” The Court reversed based on bias.[46]

Removing the Judge

Sometimes it serves the client’s interests to seek recusal of a judge. As noted above, many states apply a two-part test for recusal. First, the subjective test – does the judge believe she is, in fact, biased? Second, the objective test – would a disinterested person reasonably question whether the judge is biased? If either the subjective or objective test is satisfied, the judge must recuse herself.[47] In addition, the judge should recuse herself if she has personal awareness of material, disputed facts.[48]

Counsel must file a motion to recuse at the earliest moment after learning the facts suggesting bias or improper conduct.[49] This can be tricky if the problematic statements or conduct occurred in a lobby conference or sidebar, where judges tend to be less careful with their comments about clients, counsel, and disputed facts. In such a case, counsel must move to recuse immediately after the lobby conference or sidebar. If the lobby conference or sidebar was unrecorded, counsel must, on the record, state what occurred, including the judge’s exact words (to the extent possible); otherwise, there is no record of the judge’s improper statement or action for the appellate court to review. Judges should rule on counsel’s motion to recuse in a timely fashion.[50] If a judge believes recusal is necessary, in most jurisdictions that recusal is for all purposes; the judge should have no involvement with any aspect of the case.[51] source

His honey company was hand built with his dad and all the proceeds are for Michael, they are for his future and to teach him to save, handle money, and run a business! like a good parent should be doing!

maybe he needs to re-up on his laws Indian Child Welfare Act US – Indian Children – Family Law

Click Below to see the relationship that you are harming and depriving from both me and my son! not just me you sick twisted vindictive humans!

On top of the judge abusing the process for his former employers, in the DAs office

His request is irrational and won’t actually provide the opposing party there due process rights and the opposing parties due process rights would include the ability to investigate and see all evidence I want to give the mother’s attorney everything I want her rights to be fully intact

“On top of the other issues the judge abusing the process for his former employers, in the DAs office…”

His request is irrational and won’t actually provide the opposing party there due process rights and the opposing parties due process rights would include the ability to investigate and see all evidence I want to give the mother’s attorney everything I want her rights to be fully intact

It is impossible to provide video files on paper and these video files are lengthy, huge video data files that have the forensic location of when and where it took place. This evidence that opposing counsel with me can only be provided digitally.

I don’t want anyone to say they didn’t have all the evidence!

so I uploaded all of the evidence, both videos, photos and digital paperwork.

this avoids also destroying trees and hurting the environment with useless printing of digital documents since the rest of the digital evidence videos cannot be printed they are videos!

so in the end everything provided in one solid format, called digital format is better than partial evidence provided in paper format, and then not be able to give the opposing counsel everything to be prepared, I would never want opposing counsel not to have every bit of evidence that I am offering. I don’t want any excuses,

The digital evidence that would be beneficial to my case and opposing party, needs to defend herself, was was given to them as a Google Drive link

At first, the judge because he didn’t look over the case, and didn’t know any thing about the case. Instructed me to actually give the evidence and contact the opposing party. Had he done some homework and read a little bit about the case he would’ve known I have a restraining order that was falsely give it to me, however, I still do have one and I can’t contact her mother so he then told me to give it to the courts

I wanted to provide every opportunity to opposing party. which hopefully the mother or her attorney will use

The Google Drive link also shows if people fail to do look, which will help my case.

Since there’s so much prejudiced in the quart room, I need evidence that people are doing what they are supposed to do in the Google Drive link I provided

so I’ve provided a method that is not only fluent in one format, which saves the environment and provides all the needed evidence that the mother would need.

It is also impossible to provide video files on paper and these video files are lengthy, huge video data files that have the forensic location of when and where it took place.

This evidence that opposing counsel with me can only be provided digitally. I don’t want anyone to say they didn’t have all the evidence! Because I care about opposing party’s due process and ability to defend herself against her multiple contempt’s, so I uploaded all of the evidence, both videos, photos and digital court paperwork.  This avoids also destroying trees and hurting the environment with useless printing of digital documents since the rest of the digital evidence videos cannot be printed, they are videos!

In the end everything I provided in one solid format, called digital format is better than partial evidence provided in paper format, and then not be able to give the opposing counsel everything to be prepared, I would never want opposing counsel not to have every bit of evidence that I am offering. I don’t want any excuses, regarding the digital evidence that would be beneficial to my case and is 100% exactly what the opposing party needs to defend herself.  All of which was given to them as a Google Drive link

The judge also, aside from taking time to bring the bias from a previous judge and court her never took the time to look up the mother and what she has been up to nor see the angle she played the courts for.

Judge Israel Claustro didn’t ever look over the case other than learn the bias he must carry over from another judge! Had he looked at the case which he would know the basic contents and history, which would be needed to judge any case. He unfortunately didn’t know anything about the case. Instructed me to actually give the evidence and contact the opposing party. Had he done some homework and read a little bit about the case he would’ve known I have a restraining order that was falsely give it to me, however, I still do have one and I can’t contact her mother so he then told me to give it to the courts

So I emailed it to them.  By me giving it to the courts as the judge has instructed me that the other side needs the evidence and to give his courtroom L62 The evidence   I have emailed the Google Drive link to L62@occourts.org

I’ve also taken the liberty to send via certified mail which they have signed for. a scannable link to scan and there is a QR code which they have scanned so they have also read the same exact evidence and these words here

they now know that they should check their email for the Google Drive link for sure!

Thanks to GOOGLE’s awesome statistics. It will also be able to provide the courts proof of who actually uses the Google link and access is it to defend himself or herself.

AND REMEMBER The Google Drive link also shows if people fail to do look, which will help my case.

I wanted to provide every opportunity to opposing party. which hopefully the mother or her attorney will decide to open and use. But if anyone ever paid attention this mother has been using a perjurious attorney and her own perjury to manipulate the tribunal and avoid accountability for the willful endangerment my son after the fact, willfully goes against a judges order and entered contempt ally by allowing a WANTED FUGITIVE SEX OFFENDER to be around my son.

I am not the criminal here! I am the caring good father who demands justice, fair equal time with his son and a safe environment for my son!

Since there’s so much prejudiced in the quart room, I need evidence that people are doing what they are supposed to do in the Google Drive link I provided

so I’ve provided a full proof method that is not only fluent in one format that the court legally allows when submitted via email prior to the hearing.

This also saves the environment and provides all the needed evidence that the mother would need. It will also provide proof of people accessing it, or not accessing it, which is vital.

And don’t forget to recuse yourself please

WE ARE GOING TO NEED A CHANGE OF VENUE THE OC COURT SYSTEM CO-MINGLING WITH THE OCDA OFFICE AND HAVING PAWNS EX-DA NOW BEING JUSTICES WITH NO EXPERIENCE OUTSIDE OF PROSECUTION DOES NOT SOUND LIKE FAIRNESS. NOR DOES THE REPEATED ABUSE OF THE PROCESS, THE SYSTEM, JUSTICE ITESELF, ABUSE OF MY SONS RIGHTS AND SAFETY, ABUSE OF MY RIGHTS OR ABUSE OF  THE CONSTITUTION AS WRITTEN ALLOW THIS.  THE SYSTEM IN OC COURTS IS CORRUPT, I PERSONALLY HAVE BEEN A VICTIM OF THE ABUSE WHICH STARTED IN THE FAMILY COURTS, CARRIED THROUGH LHPD AND LACK OF HELPING A MINOR ARROUND A SEX OFFENDER REPEATEDLY THAT HAS TAKE PHOTOS OF HIS PENIS AND PUT THEM ALL OVER MY 8 YEAR OLDS PRIMARY COMMUNICATION DEVICE WHICH IS A FELONY TO DO THIS PC 288 OR PC 288.2 AS THIS WANTED FUGITIVE SEX OFFENDER IS ALSO A CAREGIVER TO A MINOR (MY SON IS 8) THE CAREGIVER IS A FULL GROWN ADULT MALE WHO IS WANTED FOR OTHER SEX CRIMES IN OTHER COUNTIES. HE HAS NOT YET BEEN CHARGED FOR WHAT HE DID TO MY SON! THIS HAS NOW SPILLED INTO THE PENAL SYSTEM AND BACK INTO FAMILY LAW COURTS WHERE JUDGE ISRAEL CLOUDED CLAUSTRO HAS FORCED ME TO ATTEND A CIVIL HEARING THAT I STARTED! THIS CIVIL CONTEMPT CLAIM I FILED INTO THE FAMILY LAW CASE THE MOTHER OPENED YEARS AGO,  IS PROOF THIS WANTED SEX OFFENDER IS STILL IN AND OUT OF THE HOME ALL THE TIME AND AROUND MY MINOR SON AS WELL. THERE IS A JUDGES ORDER BANNING THIS HE WAS ORDERED TO MOVE OUT AND NEVER BE THERE AGAIN AROUND MY SON IN ANY WAY YET HE HAS! THIS JUDGE IS WILLING TO LET THE MOM REPEATEDLY ENDANGER MY SON, FINE ME FOR NOT SHOWING UP, ALLOW ANOTHER SUPERIOR COURT JUDGES ORDERS TO BE REPEATEDLY BROKEN BY MOM ALL SO HE CAN HELP HIS FRIENDS IN THE DA OFFICE SECURE AN ARREST WITH FALSE CHARGES. THEY WOULD RATHER MY SON NOT HAVE A DAD, BE AROUND A WANTED FUGITIVE SEX OFFENDER WHO HAS CRIMES AGAINST OTHERS, HE IS ALSO NOT BEEN ARRESTED FOR THE FELONIES HE DID TO MY SON ALL ALONG THIS SYSTEM PROTECTS HER AND HARRASS ME DUE TO THEM BEING INCOMEPTANT AND HATING A MAN WHO STANDS HIS GROUND AND WANTS GOOD FOR HIS FAMILY

THEY NEVER RELEASE BODY CAM FOOTAGE WHICH SHOWS OFFICER HUNTLEMAN DOING THE FOLLOWING :

Penal Code 135 PC – Destroying or Concealing Evidence

Penal Code 141 PC – Planting or Tampering with Evidence in California

Penal Code 31 PC – Aiding and Abetting Laws

Penal Code 142 PC – Peace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense

DA LETTER TO EX ATTORNEY

JUDGE ISRAEL CLOUDED  CLAUSTRO

as you can see above Mr. Bradbury is quite aware of his MALICIOUS PROSECUTION, and since has not only NOT DROPPED THEM but ADDED 3 MORE FALSE FELONIES from a lying cop OFFICER HUNTLEMAN.  They wont even give up the BODYCAM FOOTAGE which also verifies my claim that the wanted fugitive sex offender is at my sons home. on his bodycam footage you will see the sex offender there. but they dont want to give this up and instead this same cop files fake 422 and stalking charges to cover hismself from not

I am being abused by the OCDA OFFICE, Mr Mathew Bradbury is Maliciously Prosecuting me and Abusing the Process with the Warrant system on false charges he plans on dismissing. This punk  judge was a DA earlier this year, now this man of all Judges is my judge. He demands I physically show up to a CIVIL CASE, his willingness to carrying out the injustices and ABUSE THE PROCESS for his friends in the OCDA office which he just left

THIS ARTICLE WAS SUBMITTED BY ONE OF OUR VALUED READERS!

more information and news coming soon

The oc courts have been prejudiced before and this guy never went against the grain – learn more here Judge disqualifies all 250 prosecutors because of widespread corruption in Orange County

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WHAT TO KNOW ABOUT THE TRUTH CLICK HERE TO LEARN MORE

Lawyers, upon being licensed and admitted to the practice of law are under oath and have a duty to be truthful with the Court in all pleadings, appearances and interactions in their role as a lawyer with the Court.

20-659 Thompson v. Clark (04-04-2022) 

Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the U.S. Supreme Court held that federal officials can be sued personally for money damages for on-the-job conduct that violates the Constitution.
 Cases in which federal employees face personal liability cut across everything the government does in all three branches of government.
 Whether they are engaging in every-day law enforcement, protecting our borders, addressing national security, or implementing other critical government policies and functions, federal employees of every rank face the specter of personal liability.

DIRECT VIOLATION OF California Civil Code Section 52.1 AND THE US CONSTITUTION THE OC DA OFFICE HAS LIMITED OR TAKEN MY FREEDOMS BY BOOKING ME WITH FALSE FELONY CRIMES BY A LYING HOSTILE WITNESS THAT HAS COMMITED PERJURY IN OPEN COURT MULTIPLE TIMES,
THEIR STAR HOSTILE WITNESS HAS MISLEAD/MANIPULATED THE COURT OVER 20 TIMES, AND LIES DIRECTLY IN POLICE REPORTS WITH FACTS THE DA DID NOT CHECK :)
AND THEIR POLICE CAUGHT ON TAPE LYING... AND THEY FILE FALSE CHARGES THAT ARE PROVABLE!

PLEASE MAKE PEACE WITH YOU

(harassment by law for failure of them to uphold laws to protect my son) aka vindictive malicious prosecutionary misconduct with gross negligence and failure to protect a child by ignoring his orders completely and siding with a 22 wanted fugitive sex offender and his momma. call them in good faith to help and they refuse so you call them a few 1st amendment legal names and they book you. never once do they tell me to stop and how can they ? i am a citizen needing their help with a good faith phone call!)

Identifying Abuse of Process

As distinguished from extortion, abuse of process is the actual filing of a lawsuit or the taking of other legal action, to achieve a purpose unrelated to the substance or merits of the legal action. To prove an abuse of process, a plaintiff must show that the defendant entertained an ulterior motive in using the legal process, and committed a willful act in a wrongful manner. See Coleman v. Gulf Insurance Group (1986) 41 Cal.3d 782, 792. “The gist of the tort is the misuse of the power of the court: It is an act done under the authority of the court for the purpose of perpetrating an injustice, i.e., a perversion of the judicial process to the accomplishment of an improper purpose. Younger v. Solomon (1974), 38 Cal.App.3d 289, 297.

He knows he has NO 401 CASE …..but he still keeps them  401 charges on AGAINST HIS OWN WORDS on and adds the CHARGES he said he was going to add so he is compelled to add more 653(M) to violate my constitutional rights even more to become even more malicious by adding charges BUT ..NOT CORRECT HIS MALICIOUS PRESEUCTION OF 401pc LIKE HE SAID HERE IT IS

He abuses the process as well by requiring I pay for a bail warrant on crimes he admits he has to drop!

IMAGINE I AM A LEGAL TAX PAYING BUSINESS OWNER AND THEY USE MY TAX DOLLARS TO FRAME MY UP AND NOT EVEN FIX THEIR MISTAKES TRUE DOUCHE BAG IS A CRIMINAL NOT ME…. The PROSECUTOR, is the ignorant law violating DAMN CRIMINAL! He is not a prosecutor of criminals he is a criminal prosecuting innocent tax paying fathers seeking help for the sex offender this SHIT BAG OFFICE LEAVES with my son!! AGAINST A JUDGES ORDER AND THEY DONT DO THEIR JOB TO ENFORCE THE JUDGES ORDER OR PICKUP THIS WANTED SEX OFFENDER WITH 2 WARRANTS FOR SEX CRIMES LIVING AT MY SONS HOUSE AGAINST COURT ORDERS. WAY TO HELP OUT CAITLYN HARRINGTON AFTER SHE FAILED TO DUE HER JOB, YOU THEN HELP HER “FIX ME” FOR COMPLAINING ABOUT THE DUMB CUNTS LACK OF KNOWLEDGE OF LAW AND INTEGRITY TO THE CASE!

Zamos v. Stroud

California Supreme Court, 2004
32 Cal.4th 958, 12 Cal.Rptr.3d 54, 87 P.3d 802

The tort of malicious prosecution includes continuing to prosecute a lawsuit discovered to lack probable cause. (This decision expands the tort, which previously was limited to commencing an action without probable cause.) Evidence to this effect is sufficient to defeat a special motion to strike a complaint for malicious prosecution.

learn about how NOT TO violate your employers rights, after all civil servants work for the people, the tax payer. Got it DA  Federal Civil Right$ $tatute$

424 F.2d 1021 US v.  Horton R. PRUDDEN,No. 28140. . United States Court of Appeals, Fifth Circuit.April 1970 Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading.

U.S. v. Tweel, 550 F. 2d. 297, 299, 300 (1977) Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading. We cannot condone this shocking conduct… If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately.

Morrison v. Coddington, 662 P. 2d. 155, 135 Ariz. 480(1983). Fraud and deceit may arise from silence where there is a duty to speak the truth, as well as from speaking an untruth. In regard to courts of inferior jurisdiction, “if the record does not show upon its face the facts necessary to give jurisdiction, they will be presumed not to have existed.”

Introducing the DA’s & Cops TEXTs & EMAIL as Digital Evidence

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

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

Employer$ Beware: La $upreme Court Open$ Line for Direct Negligence Claim$ from Employee Action$​

Malicious Prosecution / Prosecutorial Misconduct – Know What it is!

New Supreme Court Ruling Makes it easier to Sue PROSECUTORS & POLICE

Possible courses of action Prosecutorial Misconduct

Misconduct by Judges & Prosecutor – Rules of Professional Conduct

Functions and Duties of the Prosecutor – Prosecution Conduct

Standards on Prosecutorial Investigations – Prosecutorial Investigations

Information On Prosecutorial Discretion

Why Judges, District Attorneys or Attorneys Must Sometimes Recuse Themselves

The Hon. Julie A. Palafox should know…….

Being a firm believer in family rights the judges she rules over and oversees should be aware of her position and the US Constitution regarding the rights of parents, which is often overlooked in family courts!

That said all of the judges she oversees should study the 2 informational pages to learn more about the oath to the US Constitution they took and are clearly breaking

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

• Parent’s Rights & Children’s Bill of Rights Amdt 5.4.5.6.2 Parental and Children’s Rights – Fifth Amendment

• Malicious Use of Vexatious Litigant – Civil Right$ Violation Check – Vexatious Litigant Order Reversed

• California’s Vexatious Litigant Law

• Are CA family courts declaring pro se parents Vexatious Litigants to force them to hire a lawyer?

• Marco Gonzalez – Petitioner, vs. Panda Restaurant Group Inc.
  Respondent On Petition for a Writ of Certiorari to the California Supreme Court

Further, even when a plaintiff has been declared a vexatious litigant, the statute does not preclude a plaintiff from filing subsequent lawsuits, so long as those lawsuits have merit. See Cal. Code Civ. Proc. § 391.7; see Wolfgram v. Wells Fargo Bank, 53 Cal. App. 4th 43, 60 (1997)

The court was required to assess the merits of the petition before refusing to file it under the prefiling order, we direct the trial court to file the petition and evaluate it in accordance with habeas corpus procedure. (People v. Duvall, supra, 9 Cal.4th at pp. 474-479.)

Israel Claustro failed to actually look into the issue. Israel Claustro lack of care and due diligence has caused me substantial emotional and psychological harm as he is assisting in the violation of my Civil Rights afforded to me via the US Constitution.

The Hon. Julie A. Palafox allows my cases with merit in, only to have a subordinate male bias judge reject the very paperwork his superior let in, as it was a very valid cases with merit and the The Hon. Julie A. Palafox knows the law and wanted to protect me but she may be unaware of the bias and prejudice of her subordinate Judge Israel Claustro !

Judge Palafox is a great judge so we learn, but oversight over the vindictive personalities beneath her must be stepped up to find justice for children and their best interests which is 2 parents!

In the midst of a successful career as a civil litigator, the Honorable Judge Julie A. Palafox made an altruistic pivot that ultimately led her to becoming a judicial officer and Family Law Supervising Judge. While Judge Palafox described her eight years as a family law judge as the “best job ever,” Judge Palafox has found that greater attention must be given to the ever-increasing demands placed on the family court and that the greater bar and court system do not recognize the importance of the family court’s work.

Judge Palafox recalled one hearing as particularly impactful. In a custody case that involved a parent overcoming severe substance abuse issues, Judge Palafox recognized the angst felt between the parties and sense of betrayal.The emotions permeated the courtroom. Understanding that the parent had started a multi-step program requiring an admission of wrongdoing and an apology, Judge Palafox poignantly asked the parent whether there was any other person in the courtroom that the parent wanted to address.The parent turned to the other and accepted responsibility by apologizing for the betrayal. On another occasion, where Judge Palafox issued multiple restraining orders against a parent with a substance abuse issue that led to a child abduction, after thirty hearings over the course of five years, there was a pivotal moment which led to a full recovery and tearful forgiveness from the abused family.These heartfelt moments diffuse the litigiousness in the courtroom and are starting points for those involved and for others to observe that rebuilding trust for the fractured families is possible.

While these dramatic scenes may only happen from time-to-time, the intensity of emotions and the importance of the work is a constant. Unfortunately, even after Elkins, family law judicial resources are strained. Judges, clerks, and administrators work tirelessly, but Judge Palafox emphasizes that “more must be done” and repeats the California Supreme Court’s finding: “The same judicial resources and safeguards should be committed to a family law trial as are committed to other civil proceedings.” Elkins, 41 Cal. 4th at 1368. Family law courts have significant volume and while streamlining does help, family law litigants are entitled “to resolve their disputes in the usual adversary trial proceeding governed by the rules of evidence established by statute.” Id.

Beyond those two best practices, Judge Palafox offered some advice to newer attorneys. “Consider looking into family law because there is so much court time” and “you can get into the arena” more quickly than in almost any other practice. Unlike civil law and motion practice, family law courts hold evidentiary hearings for temporary issues such as custody, support, and attorneys’ fees, and routinely bifurcate trial issues to have multiple trials over extended periods of time. For these new attorneys, Judge Palafox stressed the importance of learning evidence and how to present evidence in a persuasive manner.

Attorneys who have appeared before Judge Palafox recognize her efforts to help heal families, think prospectively and practically, and have clarity in her rulings. “Judge Palafox applies common sense to her rulings and makes orders that actually work for the parties and their children. A judge who makes clear orders prevents future problems,” said Jason Blonska of The Blonska Firm. Jason Schwartz of Stegmeier, Gelbart, Schwartz, and Benavente echoed those comments:

Judge Palafox makes a great effort to understand the nuances of each case and encourage the litigants to reach a fair resolution of their matter before trial. However, she is not afraid to make the tough call at trial. Win or lose, Judge Palafox makes sure you understand the reasoning for her decision. It is helpful for us as attorneys to explain what went right or wrong to our clients because of the detail she includes in her rulings.

Michael A. Morris of Minyard Morris summed it up most succinctly, “Good judge. Great understanding of family law. Wonderful to try a case in front of.”

After five years on the bench, in the midst of the pandemic, Judge Palafox ascended to her current role as Supervising Judge where she still maintains her full case load. As both a judicial officer and Supervising Judge, she works every weekend. She still volunteers and undertakes often thankless projects to streamline existing court procedures or create new ones to help litigants. However, the Supervising Judge functions within a large court system filled with longtime courthouse staff with immense institutional know-how and experience. Judge Palafox had to coordinate between the clerk’s office, the administration offices, the Orange County Sheriff for courtroom deputies, and navigate judicial calendars following elections, appointments, and reassignments.

Judge Palafox treated the institutional complexities as one of her motivations to improve the court system. Judge Palafox steadfastly promised herself to “leave the court in a better place” than when she arrived. She has spearheaded programs to clear the backlog caused by the pandemic and to facilitate settlement for future cases such as working on a pilot program for early mediation for self-represented parties and continuing to support the Family Law Voluntary Settlement Program launched by Judge Silbar and the Family Law bar during the pandemic. In doing all of this, Judge Palafox feels that she “made a difference for the better and considers this last chapter [her] best chapter.”

Today, there is good and bad news to report. The good news is the family law backlog from COVID-19 is much improved and, in some cases, nonexistent, and courtrooms are again processing cases both in-person and remotely. Even short-staffed, the family law court now processes orders and judgments more quickly than before. In family law, especially with child custody, “people need timely orders” and any delay can harm families according to Judge Palafox. The bad news is, while the world and court are recovering, filings are ticking up again and, in some cases, such as domestic violence, are even greater than pre-pandemic filings. This is proving challenging with the limited availability of judicial officers which, in turn, limits in-person hearings and justice for litigants on an already constrained family law court system. The family court has about four fewer judicial officers on the bench than just a few years ago.

In an effort to increase visibility for the benefit of the family law court, Judge Palafox has reluctantly stepped outside her judicial comfort zone and into the legal community. She has hosted the Annual Judge’s Barbeque on behalf of the Orange County Hispanic Bar Association. Judge Palafox presented at the most recent American Academy of Matrimonial Lawyers Annual Conference in San Diego. She has now made regular appearances at the Orange County Bar Association’s Judges’ Night.

Judge Palafox emphasizes that she “enjoys” her role as Supervising Judge, but before she leaves the court, Judge Palafox hopes to develop a five-year plan, with the assistance of the presiding judges, the court executives, the family law bench, and bar to re-examine Elkins’ recommendations and put Orange County at the forefront of family courts in California.

Judge Palafox still finds time to enjoy Orange County and spend time with her musically talented husband. When not working, Judge Palafox attends her husband’s local gigs or they play golf together. She and her long-time friends also take full advantage of the local hiking trails. Judge Palafox “loves Orange County.” Having lived in both Los Angeles and Orange County she reasons Orange County “is not Los Angeles, but has the best of Los Angeles.” Judge Palafox noted Orange County has less traffic than Los Angeles but still has a myriad of diverse ethnic communities, subcultures, restaurant options, and outdoor activities from hiking to the beach. Orange County offers all of this while having perfect weather, a far cry from South Bend’s winters and El Paso’s dry scorching summers.

source

Employers Beware: La Supreme Court Opens Line for Direct Negligence Claims from Negligent Employee Actions

read case Martin v. Thomas et al. 2022 – Opens Line for Direct Negligence Claims from Employee Actions

NO IMMUNITY  – “Sovereign immunity does not apply where (as here) government is a lawbreaker or jurisdiction is the issue.” Arthur v. Fry, 300 F.Supp. 622 “Knowing failure to disclose material information necessary to prevent statement from being misleading, or making representation despite knowledge that it has no reasonable basis in fact, are actionable as fraud under law.” Rubinstein v. Collins, 20 F.3d 160, 1990

• • [a] “Party in interest may become liable for fraud by mere silent acquiescence and partaking of benefits of fraud.” Bransom v. Standard Hardware, Inc., 874 S.W.2d 919, 1994
  • Ex dolo malo non oritur actio. Out of fraud no action arises; fraud never gives a right of action. No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. As found in Black’s Law Dictionary, Fifth Edition, page 509.
  • “Fraud destroys the validity of everything into which it enters,” Nudd v. Burrows, 91 U.S 426.
  • “Fraud vitiates everything” Boyce v. Grundy, 3 Pet. 210
  • “Fraud vitiates the most solemn contracts, documents and even judgments.” U.S. v. Throckmorton, 98 US 61
  • When a Citizen challenges the acts of a federal or state official as being illegal, that official cannot just simply avoid liability based upon the fact that he is a public official. In United States v. Lee, 106 U.S.196, 220, 221, 1 S.Ct. 240, 261, the United States claimed title to Arlington, Lee’s estate, via a tax sale some years earlier, held to be void by the Court. In so voiding the title of the United States, the Court declared:
    “No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise of the authority which it gives. “Shall it be said… that the courts cannot give remedy when the citizen has been deprived of his prop erty by force, his estate seized and converted to the use of the government without any lawful authority, without any process of law, and without any compensation, because the president has ordered it and his officers are in possession? If such be the law of this country,it sanctions a tyranny which has no existence in the monarchies of Europe, nor in any other government which has a just claim to well-regulated liberty and the protection of personal rights.”
  • Marbury v. Madison Chief Justice John Marshall Marbury v. Madison,5 US (1Cranch) 137, 174, 176 (1803) All laws which are repugnant to the Constitution are null and void. Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Marbury v. Madison, 5 US 137,(1803) “The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.” Marbury v. Madison, 5 U.S. (2 Cranch) 137, 180 (1803) “… the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument.”Since the 14th Amendment to the Constitution states “NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, … or equal protection under the law”, this renders judicial immunity unconstitutional. “In declaring what shall be the supreme law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank”. “All law (rules and practices) which are repugnant to the Constitution are VOID”. Since the 14th Amendment to the Constitution states “NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, … or equal protection under the law”, this renders judicial immunity unconstitutional.

JUDICIAL IMMUNITY: See also, 42 USC 1983 – Availability of Equitable Relief Against Judges.

Note: Judges have given themselves judicial immunity for their judicial functions. Judges have no judicial immunity for criminal acts, aiding, assisting, or conniving with others who perform a criminal act or for their administrative/ministerial duties, or for violating a citizen’s constitutional rights. When a judge has a duty to act, he does not have discretion – he is then not performing a judicial act; he is performing a ministerial act. Nowhere was the judiciary given immunity, particularly nowhere in Article III; under our Constitution, if judges were to have immunity, it could only possibly be granted by amendment (and even less possibly by legislative act), as Art. I, Sections 9 & 10, respectively, in fact expressly prohibit such, stating, “No Title of Nobility shall be granted by the United States” and “No state shall… grant any Title of Nobility.” Most of us are certain that Congress itself doesn’t understand the inherent lack of immunity for judges. Article III, Sec. 1, “The Judicial Power of the United States shall be vested in one supreme court, and in such inferior courts, shall hold their offices during good behavior.”

Both the US Constitution and Californian Constitution has

• 42 U.S. Code § 1983 – Civil action for deprivation of rights
  

  Every person who, under color of any statute, ordinance, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

• California Civil Code Section 52.1
  

  Interference by threat, intimidation or coercion with exercise or enjoyment of individual rights The Bane Civil Rights Act (California Civil Code Section 52.1) forbids anyone from interfering by force or by threat of violence with your federal or state constitutional or statutory rights. The acts forbidden by these civil laws may also be criminal acts, and can expose violators to criminal penalties. California Civil Code Section 52.1 – Interference by threat, intimidation or coercion with exercise or enjoyment of individual rights.

 

Maybe the Judge did not understand his oath or get the new message from the WHITE HOUSE to all judges, prosecutors and police

click here

Israel “Izzy” Claustro

He lives here, maybe the local community, through peaceful public assembly, should get together and let their Judge Israel “Izzy” Claustro to resign for his criminal activities and negligence

5470 Camino De Bryant, Yorba Linda, CA 92887

13567 Oxford Ct   
Chino, CA 91710

452 Phillips Blvd,
Pomona, CA 91766    

140 S Sunkist St
Anaheim, CA 92806
xxx xxx xxxx

Grandparent’s Suffer – Grandson Suffers 

Daddy Son Suffer

9.3 Section 1983 Claim Against Defendant as (Individuals) — 14th Amendment this CODE PROTECT$ all US CITIZEN$

Amdt5.4.5.6.2 – Parental and Children’s Rights“> – 5th Amendment this CODE PROTECT$ all US CITIZEN$

9.32 – Interference with Parent / Child Relationship – 14th Amendment this CODE PROTECT$ all US CITIZEN$

What’s the Difference between Abuse of Process, Malicious Prosecution and False Arrest?

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

if you are failing to get the rights you deserve and change of venue is denied and all other avenues are exhausted try looking into 

​

https://youtu.be/HitYoovJrBk

​​

Dizzy Izzy is very Clouded

Obstruction of Justice and Abuse of Process

What Is Considered Obstruction of Justice in California?

Penal Code 135 PC – Destroying or Concealing Evidence

Penal Code 141 PC – Planting or Tampering with Evidence in California

Penal Code 142 PC – Peace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense

Penal Code 182 PC – “Criminal Conspiracy” Laws & Penalties

Penal Code 664 PC – “Attempted Crimes” in California

Penal Code 32 PC – Accessory After the Fact

Penal Code 31 PC – Aiding and Abetting Laws

What is Abuse of Process? When the Government Fails Us

What’s the Difference between Abuse of Process, Malicious Prosecution and False Arrest?

Defeating Extortion and Abuse of Process in All Their Ugly Disguises

The Use and Abuse of Power by Prosecutors (Justice for All)

DUE PROCESS READS>>>>>>

Due Process vs Substantive Due Process learn more HERE

Understanding Due Process  – This clause caused over 200 overturns in just DNA alone Click Here

Mathews v. Eldridge – Due Process – 5th & 14th Amendment Mathews Test – 3 Part Test– Amdt5.4.5.4.2 Mathews Test

“Unfriending” Evidence – 5th Amendment

At the Intersection of Technology and Law

 Under 42 U.S.C. $ection 1983 – Recoverable Damage$

42 U.S. Code § 1983 – Civil Action for Deprivation of Right$

18 U.S. Code § 242 – Deprivation of Right$ Under Color of Law

18 U.S. Code § 241 – Conspiracy against Right$

Section 1983 Lawsuit – How to Bring a Civil Rights Claim

 Suing for Misconduct – Know More of Your Right$

Police Misconduct in California – How to Bring a Lawsuit

How to File a complaint of Police Misconduct? (Tort Claim Forms here as well)

Deprivation of Rights – Under Color of the Law

What is Sua Sponte and How is it Used in a California Court? 

Removing Corrupt Judges, Prosecutors, Jurors
and other Individuals & Fake Evidence from Your Case 

Anti-SLAPP Law in California

Freedom of Assembly – Peaceful Assembly – 1st Amendment Right

How to Recover “Punitive Damages” in a California Personal Injury Case

Pro Se Forms and Forms Information(Tort Claim Forms here as well)

What is Tort?

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

WRITS and WRIT Types in the United States

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

Rule 1.1 – Competence (DA REPRESENTS THE STATE)

Rule 1.2 – Assisting in a Crime

Rule 3.1 – Meritorious Claims & Contentions

Rule 3.4 – Fairness to Opposing Party and Council

PAUL TOEPEL PLAY THE NEXT VIDEO REMEMBER SUGGESTING ME TO BE MADE A VEXATIOUS LITAGANT YOU PUNK FUCK

Model Rule 3.8 pt.2 – Special Duties of Prosecutors

Learn More: ABA – Functions and Duties of the Prosecutor – Prosecution Conduct

Model Rule 4.1 – Truthfulness in Statements to Others

PAUL TOEPEL PLAY THE NEXT VIDEO

Model Rule 4.4 – Respect for the Rights of Others

PAUL & Mathew TOEPEL LISTEN TO THE NEXT VIDEO

Model Rule 5.1 Responsibilities of a Partner or Supervisory Lawyer

Model Rule 5.2 Responsibilities of a Subordinate Lawyer

Model Rule 8.1 Bar Admission & Disciplinary Matters

Model Rule 8.2 – Judicial & Legal Officials

Model Rule 8.3 – Reporting Professional Misconduct

Model Rule 8.4 pt.1 – Lawyer Misconduct

PAUL TOEPEL LISTEN TO THE NEXT VIDEO

ABA Formal Op. 493 pt.1 – Rule 8.4(g): Purpose, Scope & Application

Model Rule 8.4 pt.2 – Discrimination & Harassment

ECONOMIC STATUS ATTACKS!

Learn more about the Sigma Males …..

Alpha vs Sigma: The Dominant Sigma Male

What Sigma Men Hate! – The Ultimate Guide to Sigma Males

How To Become A High Value Man

Why is a sigma male so irresistible to women?

The Sigma Male Explained: Understanding the Lone Wolf

Sigma Males Destroy Controlling and Manipulative People

Why Are Sigma Males So Confident its Intimidating?

Learn More About on Stoicism – The Stoic Man An Unstoppable Force to Reckon With…..

Want An Unconquerable Mind? Try Stoic Philosophy

What is Stoicism? A Definition & Stoic Exercises To Get You Started

9 Principles of Stoicism which will Improve your Life

A Complete Guide to Stoicism: How You Can Use this Ancient Philosophy to Live a Better Life

Stoicism, Virtue, and Mental Health

The Stoic Man – Indifference is a power – Stoicism 101

What is Stoicism and How Can it Turn your Life to Solid Gold?

Stoic Quotes on Control – The Absolute Man

Other Men’s Health Topics Below

Good Habits That Will Help You Become Rich

How To Become A High Value Man

What every woman loves in a man?

Malicious Use (LEARN HOW) of the Vexatious (LEARN WHAT) litigant law by Judge Thomas McConville, This is acutually a DARK WELL KNOWN TACTIC THESE PUNK JUDGES USES (LEARN MORE HERE). His Failure to let me have my due process rights during TRO hearings and custody hearings!

Maybe the Judge forgot he is still an Attorney, he must have forgot The Attorney’s Sworn Oath glad this jerk was removed, he refused to see his bias and had to be re-assigned by his SUPERIOR. He was so biased he couldn’t see his vindictivness and I had to point it out to his Superior The Honorable Julie A. Palafox she is apparently well know for her Using Her Role on the Bench to Help Families  Judge Julie Palafox seems to be more fair it appears, (read here).

If the system forgets there is always a way (learn more) for the people to secure their rights if your read up and know your constitution well.  I went to fine schools who properly educated me with knowledge that I would use in my future. I actually wrote such a thorough essay as a 3rd grader, that I beat all my older peers in school and won the 1st place prize in history which was a baby US Constitution!

“one word thorough, ma’am, your son is beyond bright, you son is highly gifted!”

(Why Judges, District Attorneys or Attorneys Must Sometimes Recuse Themselves)

Removing Corrupt Judges, Prosecutors, Jurors and other Individuals & Fake Evidence from Your Case​

WHAT TO KNOW ABOUT THE TRUTH CLICK HERE TO LEARN MORE

Lawyers, upon being licensed and admitted to the practice of law are under oath and have a duty to be truthful with the Court in all pleadings, appearances and interactions in their role as a lawyer with the Court.

20-659 Thompson v. Clark (04-04-2022) 

Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the U.S. Supreme Court held that federal officials can be sued personally for money damages for on-the-job conduct that violates the Constitution.
 Cases in which federal employees face personal liability cut across everything the government does in all three branches of government.
 Whether they are engaging in every-day law enforcement, protecting our borders, addressing national security, or implementing other critical government policies and functions, federal employees of every rank face the specter of personal liability.

DIRECT VIOLATION OF California Civil Code Section 52.1 AND THE US CONSTITUTION THE OC DA OFFICE HAS LIMITED OR TAKEN MY FREEDOMS BY BOOKING ME WITH FALSE FELONY CRIMES BY A LYING HOSTILE WITNESS THAT HAS COMMITED PERJURY IN OPEN COURT MULTIPLE TIMES,
THEIR STAR HOSTILE WITNESS HAS MISLEAD/MANIPULATED THE COURT OVER 20 TIMES, AND LIES DIRECTLY IN POLICE REPORTS WITH FACTS THE DA DID NOT CHECK :)
AND THEIR POLICE CAUGHT ON TAPE LYING... AND THEY FILE FALSE CHARGES THAT ARE PROVABLE!

PLEASE MAKE PEACE WITH YOU

(harassment by law for failure of them to uphold laws to protect my son) aka vindictive malicious prosecutionary misconduct with gross negligence and failure to protect a child by ignoring his orders completely and siding with a 22 wanted fugitive sex offender and his momma. call them in good faith to help and they refuse so you call them a few 1st amendment legal names and they book you. never once do they tell me to stop and how can they ? i am a citizen needing their help with a good faith phone call!)

Identifying Abuse of Process

As distinguished from extortion, abuse of process is the actual filing of a lawsuit or the taking of other legal action, to achieve a purpose unrelated to the substance or merits of the legal action. To prove an abuse of process, a plaintiff must show that the defendant entertained an ulterior motive in using the legal process, and committed a willful act in a wrongful manner. See Coleman v. Gulf Insurance Group (1986) 41 Cal.3d 782, 792. “The gist of the tort is the misuse of the power of the court: It is an act done under the authority of the court for the purpose of perpetrating an injustice, i.e., a perversion of the judicial process to the accomplishment of an improper purpose. Younger v. Solomon (1974), 38 Cal.App.3d 289, 297.

He knows he has NO 401 CASE …..but he still keeps them  401 charges on AGAINST HIS OWN WORDS on and adds the CHARGES he said he was going to add so he is compelled to add more 653(M) to violate my constitutional rights even more to become even more malicious by adding charges BUT ..NOT CORRECT HIS MALICIOUS PRESEUCTION OF 401pc LIKE HE SAID HERE IT IS

He abuses the process as well by requiring I pay for a bail warrant on crimes he admits he has to drop!

IMAGINE I AM A LEGAL TAX PAYING BUSINESS OWNER AND THEY USE MY TAX DOLLARS TO FRAME MY UP AND NOT EVEN FIX THEIR MISTAKES TRUE DOUCHE BAG IS A CRIMINAL NOT ME…. The PROSECUTOR, is the ignorant law violating DAMN CRIMINAL! He is not a prosecutor of criminals he is a criminal prosecuting innocent tax paying fathers seeking help for the sex offender this SHIT BAG OFFICE LEAVES with my son!! AGAINST A JUDGES ORDER AND THEY DONT DO THEIR JOB TO ENFORCE THE JUDGES ORDER OR PICKUP THIS WANTED SEX OFFENDER WITH 2 WARRANTS FOR SEX CRIMES LIVING AT MY SONS HOUSE AGAINST COURT ORDERS. WAY TO HELP OUT CAITLYN HARRINGTON AFTER SHE FAILED TO DUE HER JOB, YOU THEN HELP HER “FIX ME” FOR COMPLAINING ABOUT THE DUMB CUNTS LACK OF KNOWLEDGE OF LAW AND INTEGRITY TO THE CASE!

Zamos v. Stroud

California Supreme Court, 2004
32 Cal.4th 958, 12 Cal.Rptr.3d 54, 87 P.3d 802

The tort of malicious prosecution includes continuing to prosecute a lawsuit discovered to lack probable cause. (This decision expands the tort, which previously was limited to commencing an action without probable cause.) Evidence to this effect is sufficient to defeat a special motion to strike a complaint for malicious prosecution.

learn about how NOT TO violate your employers rights, after all civil servants work for the people, the tax payer. Got it DA  Federal Civil Right$ $tatute$

424 F.2d 1021 US v.  Horton R. PRUDDEN,No. 28140. . United States Court of Appeals, Fifth Circuit.April 1970 Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading.

U.S. v. Tweel, 550 F. 2d. 297, 299, 300 (1977) Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading. We cannot condone this shocking conduct… If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately.

Morrison v. Coddington, 662 P. 2d. 155, 135 Ariz. 480(1983). Fraud and deceit may arise from silence where there is a duty to speak the truth, as well as from speaking an untruth. In regard to courts of inferior jurisdiction, “if the record does not show upon its face the facts necessary to give jurisdiction, they will be presumed not to have existed.”

Introducing the DA’s & Cops TEXTs & EMAIL as Digital Evidence

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

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

Employer$ Beware: La $upreme Court Open$ Line for Direct Negligence Claim$ from Employee Action$​

Malicious Prosecution / Prosecutorial Misconduct – Know What it is!

New Supreme Court Ruling Makes it easier to Sue PROSECUTORS & POLICE

Possible courses of action Prosecutorial Misconduct

Misconduct by Judges & Prosecutor – Rules of Professional Conduct

Functions and Duties of the Prosecutor – Prosecution Conduct

Standards on Prosecutorial Investigations – Prosecutorial Investigations

Information On Prosecutorial Discretion

Why Judges, District Attorneys or Attorneys Must Sometimes Recuse Themselves

The Hon. Julie A. Palafox should know…….

Being a firm believer in family rights the judges she rules over and oversees should be aware of her position and the US Constitution regarding the rights of parents, which is often overlooked in family courts!

That said all of the judges she oversees should study the 2 informational pages to learn more about the oath to the US Constitution they took and are clearly breaking

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

• Parent’s Rights & Children’s Bill of Rights Amdt 5.4.5.6.2 Parental and Children’s Rights – Fifth Amendment

• Malicious Use of Vexatious Litigant – Civil Right$ Violation Check – Vexatious Litigant Order Reversed

• California’s Vexatious Litigant Law

• Are CA family courts declaring pro se parents Vexatious Litigants to force them to hire a lawyer?

• Marco Gonzalez – Petitioner, vs. Panda Restaurant Group Inc.
  Respondent On Petition for a Writ of Certiorari to the California Supreme Court

Further, even when a plaintiff has been declared a vexatious litigant, the statute does not preclude a plaintiff from filing subsequent lawsuits, so long as those lawsuits have merit. See Cal. Code Civ. Proc. § 391.7; see Wolfgram v. Wells Fargo Bank, 53 Cal. App. 4th 43, 60 (1997)

The court was required to assess the merits of the petition before refusing to file it under the prefiling order, we direct the trial court to file the petition and evaluate it in accordance with habeas corpus procedure. (People v. Duvall, supra, 9 Cal.4th at pp. 474-479.)

Israel Claustro failed to actually look into the issue. Israel Claustro lack of care and due diligence has caused me substantial emotional and psychological harm as he is assisting in the violation of my Civil Rights afforded to me via the US Constitution.

The Hon. Julie A. Palafox allows my cases with merit in, only to have a subordinate male bias judge reject the very paperwork his superior let in, as it was a very valid cases with merit and the The Hon. Julie A. Palafox knows the law and wanted to protect me but she may be unaware of the bias and prejudice of her subordinate Judge Israel Claustro !

Judge Palafox is a great judge so we learn, but oversight over the vindictive personalities beneath her must be stepped up to find justice for children and their best interests which is 2 parents!

In the midst of a successful career as a civil litigator, the Honorable Judge Julie A. Palafox made an altruistic pivot that ultimately led her to becoming a judicial officer and Family Law Supervising Judge. While Judge Palafox described her eight years as a family law judge as the “best job ever,” Judge Palafox has found that greater attention must be given to the ever-increasing demands placed on the family court and that the greater bar and court system do not recognize the importance of the family court’s work.

Judge Palafox recalled one hearing as particularly impactful. In a custody case that involved a parent overcoming severe substance abuse issues, Judge Palafox recognized the angst felt between the parties and sense of betrayal.The emotions permeated the courtroom. Understanding that the parent had started a multi-step program requiring an admission of wrongdoing and an apology, Judge Palafox poignantly asked the parent whether there was any other person in the courtroom that the parent wanted to address.The parent turned to the other and accepted responsibility by apologizing for the betrayal. On another occasion, where Judge Palafox issued multiple restraining orders against a parent with a substance abuse issue that led to a child abduction, after thirty hearings over the course of five years, there was a pivotal moment which led to a full recovery and tearful forgiveness from the abused family.These heartfelt moments diffuse the litigiousness in the courtroom and are starting points for those involved and for others to observe that rebuilding trust for the fractured families is possible.

While these dramatic scenes may only happen from time-to-time, the intensity of emotions and the importance of the work is a constant. Unfortunately, even after Elkins, family law judicial resources are strained. Judges, clerks, and administrators work tirelessly, but Judge Palafox emphasizes that “more must be done” and repeats the California Supreme Court’s finding: “The same judicial resources and safeguards should be committed to a family law trial as are committed to other civil proceedings.” Elkins, 41 Cal. 4th at 1368. Family law courts have significant volume and while streamlining does help, family law litigants are entitled “to resolve their disputes in the usual adversary trial proceeding governed by the rules of evidence established by statute.” Id.

Beyond those two best practices, Judge Palafox offered some advice to newer attorneys. “Consider looking into family law because there is so much court time” and “you can get into the arena” more quickly than in almost any other practice. Unlike civil law and motion practice, family law courts hold evidentiary hearings for temporary issues such as custody, support, and attorneys’ fees, and routinely bifurcate trial issues to have multiple trials over extended periods of time. For these new attorneys, Judge Palafox stressed the importance of learning evidence and how to present evidence in a persuasive manner.

Attorneys who have appeared before Judge Palafox recognize her efforts to help heal families, think prospectively and practically, and have clarity in her rulings. “Judge Palafox applies common sense to her rulings and makes orders that actually work for the parties and their children. A judge who makes clear orders prevents future problems,” said Jason Blonska of The Blonska Firm. Jason Schwartz of Stegmeier, Gelbart, Schwartz, and Benavente echoed those comments:

Judge Palafox makes a great effort to understand the nuances of each case and encourage the litigants to reach a fair resolution of their matter before trial. However, she is not afraid to make the tough call at trial. Win or lose, Judge Palafox makes sure you understand the reasoning for her decision. It is helpful for us as attorneys to explain what went right or wrong to our clients because of the detail she includes in her rulings.

Michael A. Morris of Minyard Morris summed it up most succinctly, “Good judge. Great understanding of family law. Wonderful to try a case in front of.”

After five years on the bench, in the midst of the pandemic, Judge Palafox ascended to her current role as Supervising Judge where she still maintains her full case load. As both a judicial officer and Supervising Judge, she works every weekend. She still volunteers and undertakes often thankless projects to streamline existing court procedures or create new ones to help litigants. However, the Supervising Judge functions within a large court system filled with longtime courthouse staff with immense institutional know-how and experience. Judge Palafox had to coordinate between the clerk’s office, the administration offices, the Orange County Sheriff for courtroom deputies, and navigate judicial calendars following elections, appointments, and reassignments.

Judge Palafox treated the institutional complexities as one of her motivations to improve the court system. Judge Palafox steadfastly promised herself to “leave the court in a better place” than when she arrived. She has spearheaded programs to clear the backlog caused by the pandemic and to facilitate settlement for future cases such as working on a pilot program for early mediation for self-represented parties and continuing to support the Family Law Voluntary Settlement Program launched by Judge Silbar and the Family Law bar during the pandemic. In doing all of this, Judge Palafox feels that she “made a difference for the better and considers this last chapter [her] best chapter.”

Today, there is good and bad news to report. The good news is the family law backlog from COVID-19 is much improved and, in some cases, nonexistent, and courtrooms are again processing cases both in-person and remotely. Even short-staffed, the family law court now processes orders and judgments more quickly than before. In family law, especially with child custody, “people need timely orders” and any delay can harm families according to Judge Palafox. The bad news is, while the world and court are recovering, filings are ticking up again and, in some cases, such as domestic violence, are even greater than pre-pandemic filings. This is proving challenging with the limited availability of judicial officers which, in turn, limits in-person hearings and justice for litigants on an already constrained family law court system. The family court has about four fewer judicial officers on the bench than just a few years ago.

In an effort to increase visibility for the benefit of the family law court, Judge Palafox has reluctantly stepped outside her judicial comfort zone and into the legal community. She has hosted the Annual Judge’s Barbeque on behalf of the Orange County Hispanic Bar Association. Judge Palafox presented at the most recent American Academy of Matrimonial Lawyers Annual Conference in San Diego. She has now made regular appearances at the Orange County Bar Association’s Judges’ Night.

Judge Palafox emphasizes that she “enjoys” her role as Supervising Judge, but before she leaves the court, Judge Palafox hopes to develop a five-year plan, with the assistance of the presiding judges, the court executives, the family law bench, and bar to re-examine Elkins’ recommendations and put Orange County at the forefront of family courts in California.

Judge Palafox still finds time to enjoy Orange County and spend time with her musically talented husband. When not working, Judge Palafox attends her husband’s local gigs or they play golf together. She and her long-time friends also take full advantage of the local hiking trails. Judge Palafox “loves Orange County.” Having lived in both Los Angeles and Orange County she reasons Orange County “is not Los Angeles, but has the best of Los Angeles.” Judge Palafox noted Orange County has less traffic than Los Angeles but still has a myriad of diverse ethnic communities, subcultures, restaurant options, and outdoor activities from hiking to the beach. Orange County offers all of this while having perfect weather, a far cry from South Bend’s winters and El Paso’s dry scorching summers.

source

Employers Beware: La Supreme Court Opens Line for Direct Negligence Claims from Negligent Employee Actions

read case Martin v. Thomas et al. 2022 – Opens Line for Direct Negligence Claims from Employee Actions

NO IMMUNITY  – “Sovereign immunity does not apply where (as here) government is a lawbreaker or jurisdiction is the issue.” Arthur v. Fry, 300 F.Supp. 622 “Knowing failure to disclose material information necessary to prevent statement from being misleading, or making representation despite knowledge that it has no reasonable basis in fact, are actionable as fraud under law.” Rubinstein v. Collins, 20 F.3d 160, 1990

• • [a] “Party in interest may become liable for fraud by mere silent acquiescence and partaking of benefits of fraud.” Bransom v. Standard Hardware, Inc., 874 S.W.2d 919, 1994
  • Ex dolo malo non oritur actio. Out of fraud no action arises; fraud never gives a right of action. No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. As found in Black’s Law Dictionary, Fifth Edition, page 509.
  • “Fraud destroys the validity of everything into which it enters,” Nudd v. Burrows, 91 U.S 426.
  • “Fraud vitiates everything” Boyce v. Grundy, 3 Pet. 210
  • “Fraud vitiates the most solemn contracts, documents and even judgments.” U.S. v. Throckmorton, 98 US 61
  • When a Citizen challenges the acts of a federal or state official as being illegal, that official cannot just simply avoid liability based upon the fact that he is a public official. In United States v. Lee, 106 U.S.196, 220, 221, 1 S.Ct. 240, 261, the United States claimed title to Arlington, Lee’s estate, via a tax sale some years earlier, held to be void by the Court. In so voiding the title of the United States, the Court declared:
    “No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise of the authority which it gives. “Shall it be said… that the courts cannot give remedy when the citizen has been deprived of his prop erty by force, his estate seized and converted to the use of the government without any lawful authority, without any process of law, and without any compensation, because the president has ordered it and his officers are in possession? If such be the law of this country,it sanctions a tyranny which has no existence in the monarchies of Europe, nor in any other government which has a just claim to well-regulated liberty and the protection of personal rights.”
  • Marbury v. Madison Chief Justice John Marshall Marbury v. Madison,5 US (1Cranch) 137, 174, 176 (1803) All laws which are repugnant to the Constitution are null and void. Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Marbury v. Madison, 5 US 137,(1803) “The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.” Marbury v. Madison, 5 U.S. (2 Cranch) 137, 180 (1803) “… the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument.”Since the 14th Amendment to the Constitution states “NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, … or equal protection under the law”, this renders judicial immunity unconstitutional. “In declaring what shall be the supreme law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank”. “All law (rules and practices) which are repugnant to the Constitution are VOID”. Since the 14th Amendment to the Constitution states “NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, … or equal protection under the law”, this renders judicial immunity unconstitutional.

JUDICIAL IMMUNITY: See also, 42 USC 1983 – Availability of Equitable Relief Against Judges.

Note: Judges have given themselves judicial immunity for their judicial functions. Judges have no judicial immunity for criminal acts, aiding, assisting, or conniving with others who perform a criminal act or for their administrative/ministerial duties, or for violating a citizen’s constitutional rights. When a judge has a duty to act, he does not have discretion – he is then not performing a judicial act; he is performing a ministerial act. Nowhere was the judiciary given immunity, particularly nowhere in Article III; under our Constitution, if judges were to have immunity, it could only possibly be granted by amendment (and even less possibly by legislative act), as Art. I, Sections 9 & 10, respectively, in fact expressly prohibit such, stating, “No Title of Nobility shall be granted by the United States” and “No state shall… grant any Title of Nobility.” Most of us are certain that Congress itself doesn’t understand the inherent lack of immunity for judges. Article III, Sec. 1, “The Judicial Power of the United States shall be vested in one supreme court, and in such inferior courts, shall hold their offices during good behavior.”

Both the US Constitution and Californian Constitution has

• 42 U.S. Code § 1983 – Civil action for deprivation of rights
  

  Every person who, under color of any statute, ordinance, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

• California Civil Code Section 52.1
  

  Interference by threat, intimidation or coercion with exercise or enjoyment of individual rights The Bane Civil Rights Act (California Civil Code Section 52.1) forbids anyone from interfering by force or by threat of violence with your federal or state constitutional or statutory rights. The acts forbidden by these civil laws may also be criminal acts, and can expose violators to criminal penalties. California Civil Code Section 52.1 – Interference by threat, intimidation or coercion with exercise or enjoyment of individual rights.

 

Maybe the Judge did not understand his oath or get the new message from the WHITE HOUSE to all judges, prosecutors and police

click here

Grandparent’s Suffer – Grandson Suffers 

Daddy Son Suffer

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

What’s the Difference between Abuse of Process, Malicious Prosecution and False Arrest?

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

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​

https://youtu.be/HitYoovJrBk

​​

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

DISTRICT ATTORNEY & PAUL TOEPEL PLAY THESE VIDEOS

Rule 1.1 – Competence (DA REPRESENTS THE STATE)

Rule 1.2 – Assisting in a Crime

Rule 3.1 – Meritorious Claims & Contentions

Rule 3.4 – Fairness to Opposing Party and Council

PAUL TOEPEL PLAY THE NEXT VIDEO REMEMBER SUGGESTING ME TO BE MADE A VEXATIOUS LITAGANT YOU PUNK FUCK

Model Rule 3.8 pt.2 – Special Duties of Prosecutors

Learn More: ABA – Functions and Duties of the Prosecutor – Prosecution Conduct

Model Rule 4.1 – Truthfulness in Statements to Others

PAUL TOEPEL PLAY THE NEXT VIDEO

Model Rule 4.4 – Respect for the Rights of Others

PAUL & Mathew TOEPEL LISTEN TO THE NEXT VIDEO

Model Rule 5.1 Responsibilities of a Partner or Supervisory Lawyer

Model Rule 5.2 Responsibilities of a Subordinate Lawyer

Model Rule 8.1 Bar Admission & Disciplinary Matters

Model Rule 8.2 – Judicial & Legal Officials

Model Rule 8.3 – Reporting Professional Misconduct

Model Rule 8.4 pt.1 – Lawyer Misconduct

PAUL TOEPEL LISTEN TO THE NEXT VIDEO

ABA Formal Op. 493 pt.1 – Rule 8.4(g): Purpose, Scope & Application

Model Rule 8.4 pt.2 – Discrimination & Harassment

ECONOMIC STATUS ATTACKS!

Learn more about the Sigma Males …..

Alpha vs Sigma: The Dominant Sigma Male

What Sigma Men Hate! – The Ultimate Guide to Sigma Males

How To Become A High Value Man

Why is a sigma male so irresistible to women?

The Sigma Male Explained: Understanding the Lone Wolf

Sigma Males Destroy Controlling and Manipulative People

Why Are Sigma Males So Confident its Intimidating?

Learn More About on Stoicism – The Stoic Man An Unstoppable Force to Reckon With…..

Want An Unconquerable Mind? Try Stoic Philosophy

What is Stoicism? A Definition & Stoic Exercises To Get You Started

9 Principles of Stoicism which will Improve your Life

A Complete Guide to Stoicism: How You Can Use this Ancient Philosophy to Live a Better Life

Stoicism, Virtue, and Mental Health

The Stoic Man – Indifference is a power – Stoicism 101

What is Stoicism and How Can it Turn your Life to Solid Gold?

Stoic Quotes on Control – The Absolute Man

Other Men’s Health Topics Below

Good Habits That Will Help You Become Rich

How To Become A High Value Man

What every woman loves in a man?

OR ANY OTHER GOVERNMENT OFFICIALS

• CALIFORNIA PIU3 COMPLAINT ABOUT LAW ENFORCEMENT / POLICE / SHERIFF or other LEO ETC https://oag.ca.gov/sites/all/files/agweb/pdfs/consumers/le_complaint_policy.pdf
  or https://oag.ca.gov/sites/all/files/agweb/pdfs/civilrights/citizencomplaintpolicy.pdf
• Contact the Department of Justice to report a civil rights violation https://civilrights.justice.gov/report/
• United States District Court Complaint for Violation of Civil Rights (Non-Prisoner)
  https://www.uscourts.gov/forms/pro-se-forms/complaint-violation-civil-rights-non-prisoner 
• Criminal Enforcement of Police Illegal Conduct https://www.fbi.gov/contact-us
  to find out what crimes they investigate FBI investigates or learn more about public corruption FBI investigates
• Discrimination or Civil Rights Violation Complaint against DOJ employee or DOJ funded organization form HERE for Violation Civil Rights
  Federal Civil Enforcement Info visit civilrights.justice.gov.
• Tort Claims – Claim for Damage, Injury, or Death
  Federal –  Federal SF-95 Tort Claim Form Tort Claim online here or download it here
  
• California – California Tort Claims Act – California Tort Claim Form Here
  More info on filing a Tort Claim against the State of California more info or a Quick Run Down
• How to Recover “Punitive Damages” in a California Personal Injury Case Learn More
• Overcoming Qualified Immunity in Civil Rights Claims Learn More
• Judge Misconduct Form Here & Learn More Here 

read more about this subject:

Police Misconduct in California – How to Bring a Lawsuit

Tort Claims 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

Helpful articles involving Torts

How to File a complaint of Police or Government Misconduct?

$uing for Misconduct – Know More of Your Right$

Police Misconduct in California – How to Bring a Lawsuit

Section 1983 Lawsuit   How to Bring a Civil Rights Claim

Offsite Help 

• Civil Rights
• File Government Claim for Eligible Compensation site
• Claims Against the Government (Pamphlet)
• claim-damage-injury-or-death

You may need assistance obtaining police reports, incident reports, bodycam footage etc..

Retrieving Police Data, their police line recordings, and bodycam Footage SB1421 form & learn here

Getting to know your representatives in your city – All the handwork done for you!

How to Contact Your Elected local State Official Representatives 

• President Joe Biden online, or call the White House switchboard at 202-456-1414 or the comments line at 202-456-1111 during business hours.
• State Tribunal Governments
• The Senator(s) of your Specific State
• California Senators
• House of Representatives
• The Governor of your Specific State
• Local Governments
• State Governments
• State, County, and Municipal Courts
• State Attorneys General
• Find the names and current activities of your state legislators
• Your Local Mayor Locate your mayor by name, city, or population size.
• county executive (the head of the executive branch of government in your county)
• Get contact information for your city, county, and town officials.
• and if our organization missed any here is the whole kit and kaboodle:
  A-Z of U.S. federal government departments and agencies including websites, emails, phone numbers, addresses, and more here
• last but not lease TREASURE Getting Uncle Same to Enforce YOUR RIGHTS! click here for this great pamphlet on making sure you get the government to enforce your rights as your constitution states PDF Download  Detailed office information along with address, phone numbers, emails.

Claims against  government agencies must generally be submitted to the agency before a lawsuit can be filed, pursuant to the California Torts Claims Act and federal Federal Torts Claims Act (28 USC § 1346 and 28 USC §§ 2671-2680). Some agencies have forms for submitting claims;

If you would like to learn more about Chapter 289 – Peace Officers and Other Law Enforcement Personnel which is their guidelines to give you a broader understanding of their side chapter-289-peace-officers-and-other-law-enforcement-personnel/

Commonly-Requested Claims Forms

Find a Lawyer and Affordable FCTA EQUIPED Legal Aid

• Legal Aid https://www.usa.gov/legal-aid
• National Trial LAW FCTA Attorney
• Levin & Perconti FCTA Attorney
• McKeen & Associates, PC FCTA Attorney
• Dore Law Group FCTA Attorney
• Shouse Law –  tort-claims-act
• FTCA Attorney’s (Federal Tort Claims Act) Attorney’s SEARCH 

if your complaint involves any of the following matters, generally not investigated by the DOJ OIG LIKE:

You may want to read up on the FEDERAL RULES OF CIVIL PROCEDURE

The Federal Rules of Civil Procedure (pdf) (eff. Dec. 1, 2020) govern civil proceedings in the United States district courts. Their purpose is “to secure the just, speedy, and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1. The rules were first adopted by order of the Supreme Court on December 20, 1937, transmitted to Congress on January 3, 1938, and effective September 16, 1938. The Civil Rules were last amended in 2020. download that here

Here is the DOJ Police Misconduct

ADDRESSING POLICE MISCONDUCT LAWS ENFORCED BY THE DEPARTMENT OF JUSTICE

The vast majority of the law enforcement officers in this country perform their very difficult jobs with respect for their communities and in compliance with the law. Even so, there are incidents in which this is not the case. This document outlines the laws enforced by the United States Department of Justice (DOJ) that address police misconduct and explains how you can file a complaint with DOJ if you believe that your rights have been violated.

Federal laws that address police misconduct include both criminal and civil statutes. These laws cover the actions of State, county, and local officers, including those who work in prisons and jails. In addition, several laws also apply to Federal law enforcement officers. The laws protect all persons in the United States (citizens and non-citizens).

Each law DOJ enforces is briefly discussed below. In DOJ investigations, whether criminal or civil, the person whose rights have been reportedly violated is referred to as a victim and often is an important witness. DOJ generally will inform the victim of the results of the investigation, but we do not act as the victim’s lawyer and cannot give legal advice as a private attorney could.

The various offices within DOJ that are responsible for enforcing the laws discussed in this document coordinate their investigative and enforcement efforts where appropriate. For example, a complaint received by one office may be referred to another if necessary to address the allegations. In addition, more than one office may investigate the same complaint if the allegations raise issues covered by more than one statute.

What is the difference between criminal and civil cases? Criminal and civil laws are different. Criminal cases usually are investigated and handled separately from civil cases, even if they concern the same incident. In a criminal case, DOJ brings a case against the accused person; in a civil case, DOJ brings the case (either through litigation or an administrative investigation) against a governmental authority or law enforcement agency. In a criminal case, the evidence must establish proof “beyond a reasonable doubt,” while in civil cases the proof need only satisfy the lower standard of a “preponderance of the evidence.” Finally, in criminal cases, DOJ seeks to punish a wrongdoer for past misconduct through imprisonment or other sanction. In civil cases, DOJ seeks to correct a law enforcement agency’s policies and practices that fostered the misconduct and, where appropriate, may require individual relief for the victim(s).

FEDERAL CRIMINAL ENFORCEMENT

It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). “Under color of law” means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts “under color of law” even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.  What remedies are available under these laws? These are criminal statutes. Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own.

FEDERAL CIVIL ENFORCEMENT

“Police Misconduct Provision”

This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (34 U.S.C. § 12601). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. In order to be covered by this law, the misconduct must constitute a “pattern or practice” — it may not simply be an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct. However, unlike the other civil laws discussed below, DOJ does not have to show that discrimination has occurred in order to prove a pattern or practice of misconduct. What remedies are available under this law? The remedies available under this law do not provide for individual monetary relief for the victims of the misconduct. Rather, they provide for injunctive relief, such as orders to end the misconduct and changes in the agency’s policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision.

Title VI of the Civil Rights Act of 1964 and the “OJP Program Statute”

Together, these laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from DOJ. (42 U.S.C. § 2000d, et seq. and 34 U.S.C. § 10228). These laws prohibit both individual instances and patterns or practices of discriminatory misconduct, i.e., treating a person differently because of race, color, national origin, sex, or religion. The misconduct covered by Title VI and the OJP (Office of Justice Programs) Program Statute includes, for example, harassment or use of racial slurs, discriminatory arrests, discriminatory traffic stops, coercive sexual conduct, retaliation for filing a complaint with DOJ or participating in the investigation, discriminatory use of force, or refusal by the agency to respond to complaints alleging discriminatory treatment by its officers. What remedies are available under these laws? DOJ may seek changes in the policies and procedures of the agency to remedy violations of these laws and, if appropriate, also seek individual remedial relief for the victim(s). Individuals also have a private right of action in certain circumstances under Title VI and under the OJP Program Statute; in other words, you may file a lawsuit yourself under these laws. However, you must first exhaust your administrative remedies by filing a complaint with DOJ if you wish to file in Federal Court under the OJP Program Statute.

Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973

The Americans with Disabilities Act (ADA) and Section 504 prohibit discrimination against individuals on the basis of disability. (42 U.S.C. § 12131, et seq. and 29 U.S.C. § 794). These laws protect all people with disabilities in the United States. An individual is considered to have a “disability” if he or she has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

The ADA prohibits discrimination on the basis of disability in all State and local government programs, services, and activities regardless of whether they receive DOJ financial assistance; it also protects people who are discriminated against because of their association with a person with a disability. Section 504 prohibits discrimination by State and local law enforcement agencies that receive financial assistance from DOJ. Section 504 also prohibits discrimination in programs and activities conducted by Federal agencies, including law enforcement agencies.

These laws prohibit discriminatory treatment, including misconduct, on the basis of disability in virtually all law enforcement services and activities. These activities include, among others, interrogating witnesses, providing emergency services, enforcing laws, addressing citizen complaints, and arresting, booking, and holding suspects. These laws also prohibit retaliation for filing a complaint with DOJ or participating in the investigation. What remedies are available under these laws? If appropriate, DOJ may seek individual relief for the victim(s), in addition to changes in the policies and procedures of the law enforcement agency. Individuals have a private right of action under both the ADA and Section 504; you may file a private lawsuit for violations of these statutes. There is no requirement that you exhaust your administrative remedies by filing a complaint with DOJ first.

HOW TO FILE A COMPLAINT WITH DOJ

Criminal Enforcement of Police Illegal Conduct

If you would like to file a complaint alleging a violation of the criminal laws by law enforcement discussed above, you may contact the Federal Bureau of Investigation (FBI), which is responsible for investigating allegations of criminal deprivations of civil rights. You may also contact the United States Attorney’s Office (USAO) in your district. The FBI and USAOs have offices in most major cities and have publicly-listed phone numbers.

You can find your local office here:
https://www.fbi.gov/contact-us

Civil Enforcement

If you would like to report a violation of the Police Misconduct Statute, Title VI, or the OJP Program Statute, contact the Justice Department at civilrights.justice.gov.

How do I file a complaint about the conduct of a law enforcement officer from a Federal agency?

If you believe that you are a victim of criminal misconduct by a Federal law enforcement officer (such as Immigration and Customs Enforcement; the FBI; Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Agency, United States Marshals Service, or the Border Patrol), you should follow the procedures discussed above concerning how to file a complaint alleging violations of the criminal laws we enforce. If you believe that you have been subjected by a Federal law enforcement officer to the type of misconduct discussed above concerning “Federal Civil Enforcement,” visit civilrights.justice.gov.

Reproduction of this document is encouraged.

This flyer is not intended to be a final agency action, has no legally binding effect, and has no force or effect of law.  This document may be rescinded or modified in the Department’s complete discretion, in accordance with applicable laws.  This flyer does not establish legally enforceable rights or responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent.  For more information, see “Memorandum for All Components: Prohibition of Improper Guidance Documents,” from Attorney General Jefferson B. Sessions III, November 16, 2017.

https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice

What to Report TO the OIG and it involves any of the following below use these resources

You may report waste, fraud, abuse, or misconduct relating to a DOJ employee, program, contract, or grant to the OIG Hotline. The OIG accepts complaints related to the following DOJ components:

The DOJ OIG also has jurisdiction to investigate allegations of whistleblower retaliation involving:

§1346. United States as defendant

28 U.S.C.
United States Code, 2015 Edition
Title 28 – JUDICIARY AND JUDICIAL PROCEDURE
PART IV – JURISDICTION AND VENUE
CHAPTER 85 – DISTRICT COURTS; JURISDICTION
Sec. 1346 – United States as defendant

LAW ENFORCEMENT MISCONDUCT

Investigations and Prosecutions

About the Law Enforcement Misconduct Statute

Physical Assault

Sexual Misconduct

Deliberate Indifference to a Serious Medical Condition or a Substantial Risk of Harm

Failure to Intervene

INVESTIGATIONS AND PROSECUTIONS

The Department of Justice (“The Department”) vigorously investigates and, where the evidence permits, prosecutes allegations of Constitutional violations by law enforcement officers. The Department’s investigations most often involve alleged uses of excessive force, but also include sexual misconduct, theft, false arrest, and deliberate indifference to serious medical needs or a substantial risk of harm to a person in custody. These cases typically involve police officers, jailers, correctional officers, probation officers, prosecutors, judges, and other federal, state, or local law enforcement officials. The Department’s authority extends to all law enforcement conduct, regardless of whether an officer is on or off duty, so long as he/she is acting, or claiming to act, in his/her official capacity.

In addition to Constitutional violations, the Department prosecutes law enforcement officers for related instances of obstruction of justice. This includes attempting to prevent a victim or witnesses from reporting the misconduct, lying to federal, state, or local officials during the course of an investigation into the potential misconduct, writing a false report to conceal misconduct, or fabricating evidence.

The principles of federal prosecution, set forth in the United States Attorneys’ Manual (“USAM”), require federal prosecutors to meet two standards in order to seek an indictment.

First, the government must be convinced that the potential defendant committed a federal crime. Second, the government must also conclude that the government would be likely to prevail at trial, where the government must prove the charges beyond a reasonable doubt. See USAM § 9-27.220.^[1]

^[1] The USAM provides only internal Department of Justice guidance. It is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. Nor are any limitations hereby placed on otherwise lawful litigative prerogatives of the Department of Justice.

ABOUT THE LAW ENFORCEMENT MISCONDUCT STATUTE

The federal criminal statute that enforces Constitutional limits on conduct by law enforcement officers is 18 U.S.C. § 242. Section 242 provides in relevant part:

“Whoever, under color of any law, …willfully subjects any person…to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime].”

Section 242 is intended to “protect all persons in the United States in their civil rights, and furnish the means of their vindication.” Screws v. United States, 325 U.S. 91, 98 (1945) (quoting legislative history).

To prove a violation of § 242, the government must prove each of the following elements beyond a reasonable doubt: (1) that the defendant deprived a victim of a right protected by the Constitution or laws of the United States, (2) that the defendant acted willfully, and (3) that the defendant was acting under color of law. A violation of § 242 is a felony if one of the following conditions is met: the defendant used, attempted to use, or threatened to use a dangerous weapon, explosive or fire; the victim suffered bodily injury; the defendant’s actions included attempted murder, kidnapping or attempted kidnapping, aggravated sexual abuse or attempted aggravated sexual abuse, or the crime resulted in death. Otherwise, the violation is a misdemeanor.

Establishing the intent behind a Constitutional violation requires proof beyond a reasonable doubt that the law enforcement officer knew what he/she was doing was wrong and against the law and decided to do it anyway. Therefore, even if the government can prove beyond a reasonable doubt that an individual’s Constitutional right was violated, § 242 requires that the government prove that the law enforcement officer intended to engage in the unlawful conduct and that he/she did so knowing that it was wrong or unlawful. See Screws v. United States, 325 U.S. 91, 101-107 (1945). Mistake, fear, misperception, or even poor judgment does not constitute willful conduct prosecutable under the statute.

Physical Assault

In cases of physical assault, such as allegations of excessive force by an officer, the underlying Constitutional right at issue depends on the custodial status of the victim. If the victim has just been arrested or detained, or if the victim is being held in jail but has not yet been convicted, the government must, in most cases, prove that that the law enforcement officer used more force than is reasonably necessary to arrest or gain control of the victim. This is an objective standard dependent on what a reasonable officer would do under the same circumstances. “The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.” Graham v. Connor, 490 U.S. 386, 396-97 (1989).

If the victim is a convicted prisoner, the government must show that the law enforcement officer used physical force to punish , retaliate against, an inmate, or otherwise cause harm to the prisoner, rather than to protect the officer or others from harm or to maintain order in the facility. See Whitley v. Albers, 475 U.S. 312, 319 (1986).

Sexual Misconduct

Law enforcement officers who engage in nonconsensual sexual contact with persons in their custody deprive those persons of liberty without due process of law, which includes the right to bodily integrity. The Department investigates and prosecutes instances of nonconsensual sexual misconduct committed by patrol officers, federal and state probation officers, wardens, and corrections officers, among others. Sexual misconduct includes, but is not limited to, sexual assault without consent (rape), sexual contact procured by force, threat of force or coercion, and unwanted or gratuitous sexual contact such as touching or groping.

To prove that a law enforcement officer violated a victim’s right to bodily integrity, the government must prove that the victim did not consent to the defendant’s actions. Prosecutors can establish lack of consent or submission by showing that the defendant officer used either force or coercion to overcome the victim’s will. It is not necessary to prove that the defendant used actual violence against the victim. Coercion may exist if a victim is told that an officer will bring false charges or cause the victim to suffer unjust punishment.

Deliberate Indifference to a Serious Medical Condition or a Substantial Risk of Harm

Section 242 prohibits a law enforcement officer from acting with deliberate indifference to a substantial risk of harm to persons in custody. Therefore, an officer cannot deliberately ignore a serious medical condition of or risk of serious harm (such as a risk that an inmate will be assaulted by other inmates or officers) to a person in custody.  To prove deliberate indifference, the government must prove that the victim faced a substantial risk of serious harm; that the officer had actual knowledge of the risk of harm; and that the officer failed to take reasonable measures to abate it.

Failure to Intervene

An officer who purposefully allows a fellow officer to violate a victim’s Constitutional rights may be prosecuted for failure to intervene to stop the Constitutional violation. To prosecute such an officer, the government must show that the defendant officer was aware of the Constitutional violation, had an opportunity to intervene, and chose not to do so. This charge is often appropriate for supervisory officers who observe uses of excessive force without stopping them, or who actively encourage uses of excessive force but do not directly participate in them.
https://www.justice.gov/crt/law-enforcement-misconduct#iap

Looking for all your federally protected civil rights statutes?

Are you are looking for all federally protected civil rights statutes click here

read more about this subject:

Police Misconduct in California – How to Bring a Lawsuit

PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

We also have the Penal Code 118 PC – California Penalty of “Perjury” Law

We also have the Federal Perjury Definition by Law

We also have the Penal Code 132 PC – Offering False Evidence

We also have the California Penal Code 134 PC – Preparing False Evidence

We also have the 118.1 PC – Police Officers Filing False Reports

We also have the Spencer v. Peters – Police Fabrication of Evidence – 14th Amendment

We also have the Penal Code 148.5 PC – Making a False Police Report in California

Recoverable Damages Under 42 U.S.C. Section 1983 LEARN MORE

Know Your Rights Click Here

42 U.S. Code § 1983 – Civil action for deprivation of rights

18 U.S. Code § 242 – Deprivation of rights under color of law

18 U.S. Code § 241 – Conspiracy against rights

Suing for Misconduct – Know More of Your Rights

Police Misconduct in California – How to Bring a Lawsuit

Recoverable Damages Under 42 U.S.C. Section 1983

Section 1983 Lawsuit – How to Bring a Civil Rights Claim

New Supreme Court Ruling makes it easier to sue police

CACI No. 1501. Wrongful Use of Civil Proceedings

Judge’s Jurisdiction – Judicial Ethics for Pro Se Litigants

Piercing a Judges’ Qualified Immunity 

You can’t But he can, and many do………..

JUDGE’S’ PIERCING THEIR OWN IMMUNITY OF PROTECTION OPENING THEMSELVES UP TO CIVIL RETALIATION

NOT ALWAYS IMMUNE WHEN THEY PIERCE IT THEMSELVES

 

after reading this article learn more on the subject Jurisdiction vs Venue below:

What Is Jurisdiction? Jurisdition vs Venue? (click here)

 

 

How Far Does Judicial Immunity & Where it End$ Click Here to Learn More

NO IMMUNITY 

“Sovereign immunity does not apply where (as here) government is a lawbreaker or jurisdiction is the issue.” Arthur v. Fry, 300 F.Supp. 622 “Knowing failure to disclose material information necessary to prevent statement from being misleading, or making representation despite knowledge that it has no reasonable basis in fact, are actionable as fraud under law.” Rubinstein v. Collins, 20 F.3d 160, 1990

[a] “Party in interest may become liable for fraud by mere silent acquiescence and partaking of benefits Bransom v. Standard Hardware, Inc., 874 S.W.2d 919,1994

Ex dolo malo non oritur actio. Out of fraud no action arises; fraud never gives a right of action. No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. As found in Black’s Law Dictionary, Fifth Edition, page 509.  “Fraud destroys the validity of everything into which it enters,” Nudd v. Burrows, 91 U.S 426. “Fraud vitiates everything” Boyce v. Grundy, 3 Pet. 210

“Fraud vitiates the most solemn contracts, documents and even judgments.” U.S. v. Throckmorton, 98 US 61

When a Citizen challenges the acts of a federal or state official as being illegal, that official cannot just simply avoid liability based upon the fact that he is a public official. In United States v. Lee, 106 U.S. 196, 220, 221, 1 S.Ct. 240, 261, the United States claimed title to Arlington, Lee’s estate, via a tax sale some years earlier, held to be void by the Court. In so voiding the title of the United States, the Court declared:“No man in this country is so high that he is above the law. No officer of the law may set that law at  defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise of the authority which it gives. “Shall it be said… that the courts cannot give remedy when the citizen has been deprived of his property by force, his estate seized and converted to the use of the government without any lawful authority, without any process of law, and without any compensation, because the president has ordered it and his officers are in possession? If such be the law of this country, it sanctions a tyranny which has no existence in the monarchies of Europe, nor in any other government which has a just claim to well-regulated liberty and the protection of personal rights.”

See Pierce v. United States (“The Floyd Acceptances”), 7 Wall. (74 U.S.) 666, 677
(“We have no officers in this government from the President down to the most subordinate agent, who does not hold office under the law, with prescribed duties and limited authority”);
Cunningham v. Macon, 109 U.S. 446, 452, 456, 3 S.Ct. 292, 297 (“In these cases he is not sued as, or because he is, the officer of the government, but as an individual, and the court is not ousted of jurisdiction because he asserts authority as such officer. To make out his defense he must show that his authority was sufficient in law to protect him… It is no answer for the defendant to say I am an officer of the government and acted under its authority unless he shows the sufficiency of that authority”); and Poindexter v. Greenhow, 114 U.S. 270, 287, 5 S.Ct. 903, 912 WHEREAS, officials and even judges have no immunity (See, Owen vs. City of Independence, 100 S Ct. 1398; Maine vs. Thiboutot, 100 S. Ct. 2502; and Hafer vs. Melo, 502 U.S. 21; officials and judges are deemed to know the law and sworn to uphold the law; officials and judges cannot claim to act in good faith in willful deprivation of law, they certainly cannot plead ignorance of the law, even the Citizen cannot plead ignorance of the law, the courts have ruled there is no such thing as ignorance of the law, it is ludicrous for learned officials and judges to plead ignorance of the law therefore there is no immunity, judicial or otherwise, in matters of rights secured by the Constitution for the United States of America. See: Title 42 U.S.C. Sec. 1983.

WHEREAS, officials and even judges have questioned immunity (See, Owen vs. City of Independence, 100 S Ct. 1398; Maine vs. Thiboutot, 100 S. Ct. 2502; and Hafer vs. Melo, 502 U.S. 21; officials and judges are deemed to know the law and sworn to uphold the law; officials and judges cannot claim to act in good faith in willful deprivation of law, they certainly cannot plead ignorance of the law, even the Citizen cannot plead ignorance of the law, the courts have ruled there is no such thing as ignorance of the law, it is ludicrous for learned officials and judges to plead ignorance of the law therefore there is no immunity, judicial or otherwise, in matters of rights secured by the Constitution for the United States of America. See: Title 42 U.S.C. Sec. 1983.

“When lawsuits are brought against federal officials, they must be brought against them in their “individual” capacity not their official capacity. When federal officials perpetrate constitutional torts, they do so ultra vires (beyond the powers) and lose the shield of immunity.” Williamson v. U.S. Department of Agriculture, 815 F.2d. 369, ACLU Foundation v. Barr, 952 F.2d. 457, 293 U.S. App. DC 101, (CA DC 1991).“Personal involvement in deprivation of constitutional rights is prerequisite to award of damages, but defendant may be personally involved in constitutional deprivation by direct participation, failure to remedy wrongs after learning about it, creation of a policy or custom under which unconstitutional practices occur or gross negligence in managing subordinates who cause violation.” (Gallegos v. Haggerty, N.D. of New York, 689 F. Supp. 93 (1988). (HEAD DISTRICT ATTORNEY & HEADMASTER JUDGE)

“The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings.” Hagans v. Lavine, 415 U. S. 533

“Judge acted in the face of clearly valid statutes or case law expressly depriving him of (personal) jurisdiction would be liable.” Dykes v. Hosemann, 743 F.2d 1488 (1984).  “In such case the judge has lost his judicial function, has become a mere private person, and is liable as a trespasser for damages resulting from his unauthorized acts.”

“Where there is no jurisdiction there is no judge; the proceeding is as nothing. Such has been the law from the days of the Marshalsea, 10 Coke 68;
also Bradley v. Fisher, 13 Wall 335,351.” Manning v. Ketcham, 58 F.2d 948.

“A distinction must be here observed between excess of jurisdiction and the clear absence of all jurisdiction over the subject-matter any authority exercised is a usurped authority and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible.” Bradley v.Fisher,13 Wall 335, 351, 352.

The laws of nature are the laws of God, whose authority can be superseded by no power on earth.  A legislature must not obstruct our obedience to him from whose punishments they cannot protect us.  All human constitutions which contradict his cannot protect us.  All human constitutions which contradict his (God’s) laws, we are in conscience bound to disobey.  1772, Robin v. Hardaway, 1 Jefferson 109. Supreme court cases from digging around Robin v. Hardaway 1790. Biblical Law at “Common Law” supersedes all laws, and “Christianity is custom, custom is Law.”

(I, Me, Myself am a “state”, with standing, standing in “original jurisdiction” know as the common law, Gods Law, a neutral traveling in itinerary, demanding all of my rights under God’s Natural Law, recorded in part in the Bible, which law is recognized in US Public Law 97-280 as “the word of God and all men are admonished to learn and apply it” so I demand anyone and everyone to notice God’s Laws, which are My Makers Laws and therefore My Laws!)

• – Article 1 of the Bill of Rights – guarantees freedom of religion-
  Constitution for the United States of America ARTICLE IV, sect. 1, Full faith and credit among states. (Self-executing constitutional provisions) Section 1.  Full faith and Credit shall be given in each state to the public Acts, Records, and judicial Proceedings of every other state.

And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326 When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost. 

JURISDICTION: NOTE: It is a fact of law that the person asserting jurisdiction must, when challenged, prove that jurisdiction exists; mere good faith assertions of power and authority (jurisdiction) have been abolished.

Albrecht v. U.S. Balzac v. People of Puerto Rico, 258 U.S. 298 (1922) “The United States District Court is not a true United States Court, established under Article 3 of the Constitution to administer the judicial power of the United States therein conveyed. It is created by virtue of the sovereign congressional faculty, granted under Article 4, 3, of that instrument, of making all needful rules and regulations respecting the territory belonging to the United States. The resemblance of its jurisdiction to that of true United States courts, in offering an opportunity to nonresidents of resorting to a tribunal not subject to local influence, does not change its character as a mere territorial court.”

“Jurisdiction of court may be challenged at any stage of the proceeding, and also may be challenged after conviction and execution of judgment by way of writ of habeas corpus.” [U.S. v. Anderson, 60 F.Supp. 649 (D.C.Wash. 1945)]

“No judicial process, whatever form it may assume, can have any lawful authority outside of the limits of the jurisdiction of the court or judge by whom it is issued; and an attempt to enforce it beyond these boundaries is nothing less than lawless violence.” Stump v. Sparkman, id., 435 U.S. 349. 

Some Defendants urge that any act “of a judicial nature” entitles the Judge to absolute judicial immunity. But in a jurisdictional vacuum (that is, absence of all jurisdiction) the second prong necessary to absolute judicial immunity is missing. A judge is not immune for tortious acts committed in a purely Administrative, non-judicial capacity. Marbury v. Madison, 5 U.S. (2 Cranch) 137, 180 (1803) “… the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument.”

“In declaring what shall be the supreme law of the land, the Constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank”. “All law (rules and practices) which are repugnant to the Constitution are VOID”. Since the 14th Amendment to the Constitution states “NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, … or equal protection under the law“, this renders judicial immunity unconstitutional. Piper v. Pearson, 2 Gray 120, cited in Bradley v. Fisher, 13 Wall. 335, 20 L.Ed. 646 (1872)

“Where there is no jurisdiction, there can be no discretion, for discretion is incident to jurisdiction.” Chandler v. Judicial Council of the 10th Circuit, 398 U.S. 74, 90 S. Ct. 1648, 26 L. Ed. 2d 100 Justice Douglas, in his dissenting opinion at page 140 said, “If (federal judges) break the law, they can be prosecuted.” Justice Black, in his dissenting opinion at page 141) said, “Judges, like other people, can be tried, convicted and punished for crimes… The judicial power shall extend to all cases, in law and equity, arising under this Constitution”.

Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938) A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil action for his acts.

“Jurisdiction, once challenged, cannot be assumed and must be decided.” Maine v. Thiboutot, 100 S. Ct. 250

Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828) Under federal Law, which is applicable to all states, the U.S. Supreme Court stated that “if a court is without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification and all persons concerned in executing such judgments or sentences are considered, in law, as trespassers.”

JUDICIAL IMMUNITY: See also, 42 USC 1983 – Availability of Equitable Relief Against Judges. Note: [Copied verbiage; we are not lawyers.] Judges have given themselves judicial immunity for their judicial functions. Judges have no judicial immunity for criminal acts, aiding, assisting, or conniving with others who perform a criminal act or for their administrative/ministerial duties, or for violating a citizen’s constitutional rights. When a judge has a duty to act, he does not have discretion – he is then not performing a judicial act; he is performing a ministerial act. Nowhere was the judiciary given immunity, particularly nowhere in Article III; under our Constitution, if judges were to have immunity, it could only possibly be granted by amendment (and even less possibly by legislative act), as Art. I, Sections 9 & 10, respectively, in fact expressly prohibit such, stating, “No Title of Nobility shall be granted by the United States” and “No state shall… grant any Title of Nobility.” Most of us are certain that Congress itself doesn’t understand the inherent lack of immunity for judges. Article III, Sec. 1, “The Judicial Power of the United States shall be vested in one supreme court, and in such inferior courts, shall hold their offices during good behavior.” Tort & Insurance Law Journal, Spring 1986 21 n3, p 509516, “Federal tort law: judges cannot invoke judicial immunity for acts that violate litigants’ civil rights.” – Robert Craig Waters.

“Ignorance of the law does not excuse misconduct in anyone, least of all in a sworn officer of the law.”   In re McCowan (1917), 177 C. 93, 170 P. 1100.

“All are presumed to know the law.”  San Francisco Gas Co. v. Brickwedel (1882), 62 C. 641; Dore v. Southern Pacific Co. (1912), 163 C. 182, 124 P. 817; People v. Flanagan (1924), 65 C.A. 268, 223 P. 1014; Lincoln v. Superior Court (1928), 95 C.A. 35, 271 P. 1107;  San Francisco Realty Co. v. Linnard (1929), 98 C.A. 33, 276 P. 368.

“It is one of the fundamental maxims of the common law that ignorance of the law excuses no one.”  Daniels v. Dean (1905), 2 C.A. 421, 84 P. 332.

Griffin v. Mathews, 310 Supp. 341, 423 F. 2d 272 Hagans v. Lavine, 415 U.S. 528 Howlett v. Rose, 496 U.S. 356 (1990) Federal Law and Supreme Court Cases apply to State Court Cases.  Sims v. Aherns, 271 SW 720 (1925) “The practice of law is an occupation of common right.” Maine v. Thiboutot, 448 U.S. 1 Mookini v. U.S., 303 U.S. 201 (1938) “The term ‘District Courts of the United States’ as used in the rules without an addition expressing a wider connotation, has its historic significance. It describes the constitutional courts created under Article 3 of the Constitution. Courts of the Territories are Legislative Courts, properly speaking, and are not district courts of the United States. We have often held that vesting a territorial court with jurisdiction similar to that vested in the district courts of the United States (98 U.S. 145) does not make it a ‘District Court of the United States’.

“Not only did the promulgating order use the term District Courts of the United States in its historic and proper sense, but the omission of provision for the application of the rules the territorial court and other courts mentioned in the authorizing act clearly
shows the limitation that was intended.“

In Leiberg v. Vitangeli, 70 Ohio App. 479, 47 N.E. 2d 235, 238-39 (1942) “These constitutional provisions employ the word ‘person,’ that is. anyone whom we have permitted to peaceably reside within our borders may resort to our courts for redress of an injury done him in his land, goods, person or reputation. The real party plaintiff for whom the nominal plaintiff sues is not shown to have entered our land in an unlawful manner. We said to her, you may enter and reside with us and be equally protected by our laws so long as you conform thereto. You may own property and our laws will protect your title. “We, as a people, have said to those of foreign birth that these constitutional guaranties shall assure you of our good faith. They are the written surety to you of our proud boast that the United States is the haven of refuge of the oppressed of all mankind.”

Court will assign to common-law terms their common-law meaning unless legislature directs otherwise. People v. Young (1983) 340 N.W.2d 805,418 Mich. 1.

Common law, by constitution, is law of state. Beech Grove Inv. Co. v. Civil Rights Com’n (1968) 157 N.W.2d 213, 380 Mich. 405. “Common law” is but the accumulated expressions of various judicial tribunals in their efforts to ascertain what is right and just between individuals in respect to private disputes. Semmens v. Floyd Rice Ford, Inc. (1965) 136 N.W.2d 704,1 Mich.App. 395.

Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts. And the law is the definition and limitation of power. For the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another. seems to be intolerable on any country where freedom prevails, as being the essence of slavery.

Mattox v. U.S., 156 US 237,243. (1895) “We are bound to interpret the Constitution in the light of the law as it existed at the time it was adopted.” Carolina v. U.S., 199 U.S. 437, 448 (1905). “The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now.”

When there is substantive issues to the court’s findings, and the court abused  its discretion (see In re M.R. (2017) 7 Cal.App.5th 886, 902; Bridget A. v. Superior Court (2007) 148 Cal.App.4th 285, 300) in terminating jurisdiction and issuing the custody orders.

THIS CLARIFY YOU DON’T GET TO GO AROUND CHANGING IT FOR YOURSELF 

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.

Standing on YOUR rights as a citizen to use my rights as a citizen

Hale v. Henkel was decided by the united States Supreme Court in 1906. The opinion of the court states:
“The “individual” may stand upon “his Constitutional Rights” as a CITIZEN. He is entitled to carry on his “private” business in his own way. “His power to contract is unlimited.” He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no duty to the State, since he receives nothing there from, beyond the protection of his life and property. “His rights” are such as “existed” by the Law of the Land (Common Law) “long antecedent” to the organization of the State”, and can only be taken from him by “due process of law”, and “in accordance with the Constitution.” “He owes nothing” to the public so long as he does not trespass upon their rights.”

HALE V. HENKEL 201 U.S. 43 at 89 (1906)
Hale v. Henkel is binding on all the courts of the United States of America until another Supreme Court case says it isn’t. No other Supreme Court case has ever overturned Hale v. Henkel

None of the various issues of Hale v. Henkel has ever been overruled Since 1906, Hale v. Henkel has been cited by the Federal and State Appellate Court systems over 1,600 times! In nearly every instance when a case is cited, it has an impact on precedent authority of the cited case.  Compared with other previously decided Supreme Court cases, no other case has surpassed Hale v. Henkel in the number of times it has been cited by the courts. Basso v. UPL, 495 F. 2d 906 Brook v. Yawkey, 200 F. 2d 633

Miller v. U.S., 230 F.2d. 486,489 “The claim and exercise of a Constitutional right cannot be converted into a crime.”

Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958). “No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.” The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents.”

Before we place the stigma of a criminal conviction upon any such citizen the legislative mandate must be clear and unambiguous. Accordingly that which Chief Justice Marshall has called ‘the tenderness of the law Page 11 of 48 for the rights of individuals’ [FN1] entitles each person, regardless of economic or social status, to an unequivocal warning from the legislature as to whether he is within the class of persons subject to vicarious liability. Congress cannot be deemed to have intended to punish anyone who is not ‘plainly and unmistakably’ within the confines of the statute. United States v. Lacher, 134 U.S.  624, 628, 10 S. Ct. 625, 626, 33 L. Ed. 1080; United States v. Gradwell, 243 U.S. 476,485, 37 S. Ct. 407, 61 L. Ed. 857. FN1 United States v. Wiltberger, 5 Wheat. 76, 95, 5 L.Ed. 37.

People v. Superior Court (Jones ) (1998) 18 Cal.4th 667, 680-681, 76 Cal.Rptr.2d 641, 958 P.2d 393.) “Findings of fact are reviewed under a ‘substantial evidence’ standard.” ( Ibid. )

Under this standard, ” ‘a trial court’s ruling will not be disturbed, and reversal of the judgment [or order] is not required, unless the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice.’ ” ( People v. Hovarter (2008) 44 Cal.4th 983, 1004, 81 Cal.Rptr.3d 299, 189 P.3d 300 ; see People v. Kipp (1998) 18 Cal.4th 349, 371, 75 Cal.Rptr.2d 716, 956 P.2d 1169 [“[a] court abuses its discretion when its ruling ‘falls outside the bounds of reason’

Marbury v. Madison, 5 U.S. (2 Cranch) 137, 180 (1803) “… the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument.” Since the 14th Amendment to the Constitution states “NO State (Jurisdiction) shall make or enforce any law which shall abridge the rights, privileges, or immunities of citizens of the United States nor deprive any citizens of life, liberty, or property, without due process of law, … or equal protection under the law”, this renders judicial immunity unconstitutional.

State v. Sutton, 63 Min 147, 65 NW 262, 30 LRA630, AM ST 459 When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetuated, and no one is bound to obey it.

Norton vs. Shelby County, 118 US 425 p. 442. “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.”

Bell v. Hood, 71 F.Supp., 813, 816 (1947) U.S.D.C. — So. Dist. CA. History is clear that the first ten amendments to the Constitution were adopted to secure certain common law rights of the people, against invasion by the Federal Government.”

SIMMONS v US, supra. “We find it intolerable that one constitutional right should have to be surrendered in order to assert another”

Judicial Ethics for Pro Se Litigants

Justice is the waying of facts presented in the case.  Most judges will eventually hear a case with pro se parties. With pro se parties, in the interest of assuring them the same access to justice as represented parties, even if that comes at times at the expense of procedural efficiency. As a result, cases with a pro se party can be more time-consuming and require more patience

In an advisory opinion, the California Judges Association Judicial Ethics Committee encouraged judges to “understand the difficulties encountered by self-represented litigants” and “to exercise discretion to treat them differently.”  California Judges Association Advisory Opinion 76 (2018).  The opinion emphasized that a “judge may make reasonable procedural accommodations that will provide a diligent self-represented litigant acting in good faith the opportunity to have his or her case fairly heard.”

The committee explained:

Some judges take the position that the job of the judge is to call the balls and strikes, not to throw the pitches.  Is this an accurate statement of the role of the judge?  Not necessarily. . . .  Fundamental justice should not be sacrificed to procedural rules and cases should be decided on their merits.  Exercising discretion – not just calling balls and strikes – is the nature of judging, from granting motions for extensions of time to handing out sentences.

Frequently, there is tension between the represented party and the self-represented litigant.  One side is ready to proceed, has done the legal work, and would like to complete the proceeding as soon as possible.  The self-represented litigant often is struggling with legal terms, time limits, and court procedures.  The judge must decide what reasonable accommodation is proper and when it is unreasonable.  Judges may grant continuances, explain legal terms, refer a litigant to self-help services or the library, or refer him or her to the local bar association for a low-cost meeting with an attorney.  Whether the judge should take any of these or other steps is a matter of judicial discretion.

The committee concluded:

The adversary system is not embedded in the Code of Judicial Ethics, nor is it the primary purpose of the code to protect the formalities of the adversary system.  Reasonable procedural accommodations for self-represented litigants do not change the facts, the law, or the burden of proof, nor do they ensure a victory for the unrepresented.  Such accommodations simply mean that both sides will have a fair opportunity to tell their stories.

The committee applied its analysis to several courtroom situations.  For example, the committee stated, a judge may, at the beginning of a civil case in which one litigant is unrepresented by counsel and the other is represented, explain how the proceedings will be conducted, including that the party bringing the action has the burden to present evidence in support of the relief sought, the kind of evidence that may be presented, and the kind of evidence that cannot be considered.  In addition, the opinion advised:

• A judge may give a self-represented litigant a neutral explanation of how to respond to a motion for summary judgment.
• A judge may provide a self-represented litigant information about the requirements for entry of a default judgment.
• A judge may ask a self-represented litigant if she wants a continuance to bring a witness to court.
• During a trial, a judge may ask witnesses neutral questions to clarify testimony and develop facts.
• A judge may sign a settlement agreement prepared by the attorney for 1 party and signed by an unrepresented party, but, as a best practice, should ask the parties if they understand the document and ask the unrepresented party if she understands her responsibilities under the agreement.
• When a self-represented litigant refers to information after being instructed not to, a judge is not required to grant a motion for a mistrial but may instruct the jury to disregard the testimony.
• If an unrepresented plaintiff makes no specific claim for damages at the close of her case, the judge may ask the plaintiff, “Are you asking for damages in this case? If so, what is the amount you are asking for?  And why are you asking for this amount?”
• In a criminal case, if a prosecutor tries to take advantage of a defendant’s unrepresented status to introduce the defendant’s prior drug-related arrest and the factual basis for a search, the judge should immediately intervene even if the defendant does not object.

In domestic violence cases, the committee stated, a judge:

• May give the self-represented plaintiff a short continuance to learn about the relevant rules of evidence and the procedural requirements for the admission of hospital records,
• Should permit a support person to accompany a self-represented moving party to counsel table, and
• Should inform a self-represented respondent that he could present oral testimony.

Commentary to the California Code of Judicial Ethics states:  “[W]hen a litigant is self-represented, a judge has the dis­cretion to take reasonable steps, appropriate under the circumstances and con­sistent with the law and the canons to enable the litigant to be heard.”  Comment 4 to Rule 2.2 of the American Bar Association Model Code of Judicial Conduct states:  “It is not a violation of this Rule [requiring that a judge be fair and impartial] for a judge to make reasonable accommodations to ensure pro se litigants the opportunity to have their matters fairly heard.”  34 states and the District of Columbia have added comment 4 or a version of comment 4 to their codes of judicial conduct.

https://ncscjudicialethicsblog.org/category/pro-se-litigants/

Government / Public Servants / Officers / Judges Not Immune from suit!

“The officers of the law, in the execution of process, are required to know the requirements of the law, and if they mistake them, whether through ignorance or design, and anyone is harmed by their error, they must respond in damages.” Roger v. Marshall (United States use of Rogers v. Conklin), 1 Wall. (US) 644, 17 Led 714.

“It is a general rule that an officer, executive, administrative, quasi-judicial, ministerial, or otherwise, who acts outside the scope of his jurisdiction, and without authorization of law may thereby render himself amenable to personal liability in a civil suit.”  Cooper v. O`Conner, 69 App DC 100, 99 F (2d)

“Public officials are not immune from suit when they transcend their lawful authority by invading constitutional rights.      “AFLCIO v. Woodard, 406 F 2d 137 t.

“Immunity fosters neglect and breeds irresponsibility while liability promotes care and caution, which caution and care is owed by the government to its people.”   (Civil Rights) Rabon vs Rowen Memorial Hospital, Inc. 269 N.S. 1, 13, 152 SE 1 d 485, 493.

Government Immunity – “In  Land  v.  Dollar, 338 US 731 (1947), the court noted, “that when the government entered into a commercial field of activity, it left immunity behind.”  Brady  v.  Roosevelt, 317 US 575 (1943);  FHA  v.  Burr, 309 US 242 (1940);  Kiefer  v.  RFC, 306 US 381 (1939).

The high Courts, through their citations of authority, have frequently declared,  that  “…where  any  state  proceeds  against  a  private individual in a judicial forum it is well settled that the state, county, municipality, etc. waives any immunity to counters, cross claims and complaints, by direct or collateral means regarding the matters involved.”  Luckenback v. The Thekla, 295 F 1020, 226 Us 328; Lyders v. Lund, 32 F2d 308;

“When  enforcing mere statutes, judges of all courts do not act judicially (and thus are not protected by “qualified” or “limited immunity,” – SEE: Owen v. City, 445 U.S. 662;  Bothke  v.  Terry, 713 F2d 1404)

– – “but merely act as an extension as an agent for the involved  agency  —  but  only  in  a  “ministerial”  and  not  a “discretionary capacity…”  Thompson  v.  Smith, 154 S.E. 579, 583; Keller v. P.E., 261 US 428; F.R.C. v. G.E., 281, U.S. 464.

Thompson v. Clark 2022 Holding: Larry Thompson’s showing that his criminal prosecution ended without a conviction satisfies the requirement to demonstrate a favorable termination of a criminal prosecution in a Fourth Amendment claim under Section 1983 for malicious prosecution; an affirmative indication of innocence is not needed.

Immunity for judges does not extend to acts which are clearly outside of their jurisdiction.  Bauers v. Heisel, C.A. N.J. 1966, 361 F.2d 581, Cert. Den. 87 S.Ct. 1367, 386 U.S. 1021, 18 L.Ed. 2d 457 (see also Muller v. Wachtel, D.C.N.Y. 1972, 345 F.Supp. 160;  Rhodes v. Houston, D.C. Nebr. 1962, 202 F.Supp. 624 affirmed 309 F.2d 959, Cert. den 83 St. 724, 372 U.S. 909, 9 L.Ed. 719, Cert. Den 83 S.Ct. 1282, 383 U.S. 971, 16 L.Ed. 2nd 311, Motion denied 285 F.Supp. 546).

“Judges not only can be sued over their official acts, but could be held liable for injunctive and declaratory relief and attorney’s fees.” Lezama v. Justice Court, A025829.

“The immunity of judges for acts within their judicial role is beyond cavil.” Pierson v. Ray, 386 U.S. 547 (1957). Keyword within their role, outside of that role they are not.

At least seven circuits have indicated affirmatively that there is no immunity bar to such relief, and in situations where in their judgment an injunction against a judicial officer is necessary to prevent irreparable injury to a petitioner’s constitutional rights, courts will grant that relief.  “There is no common law judicial immunity.” Pulliam v. Allen, 104S.Ct. 1970; cited in Lezama v. Justice Court, A025829.

“Judges, members of city council, and police officers as well as other public officials, may utilize good faith defense of action for damages under 42-1983, but no public official has absolute immunity from suit under the 1871 civil rights statute.” (Samuel vs University of Pittsburg, 375 F.Supp. 1119, ‘see also, White vs Fleming 374 Supp. 267.)

NO IMMUNITY
“Sovereign immunity does not apply where (as here) government is a lawbreaker or jurisdiction is the issue.” Arthur v. Fry, 300 F.Supp. 622 “Knowing failure to disclose material information necessary to prevent statement from being misleading, or making representation despite knowledge that it has no reasonable basis in fact, are actionable as fraud under law.” Rubinstein v. Collins, 20 F.3d 160, 1990

[a] “Party in interest may become liable for fraud by mere silent acquiescence and partaking of benefits of fraud.” Bransom v. Standard Hardware, Inc., 874 S.W.2d 919, 1994

Ex dolo malo non oritur actio. Out of fraud no action arises; fraud never gives a right of action. No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. As found in Black’s Law Dictionary, Fifth Edition, page 509.

“Fraud destroys the validity of everything into which it enters,” Nudd v. Burrows, 91 U.S 426.

“Fraud vitiates everything” Boyce v. Grundy, 3 Pet. 210

“Fraud vitiates the most solemn contracts, documents and even judgments.” U.S. v. Throckmorton, 98 US 61

U.S. v. Lee, 106 U.S. 196, 220 1 S. Ct. 240, 261, 27 L. Ed 171 (1882) “No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. “

When a Citizen challenges the acts of a federal or state official as being illegal, that official cannot just simply avoid liability based upon the fact that he is a public official. In United States v. Lee, 106 U.S.196, 220, 221, 1 S.Ct. 240, 261, the United States claimed title to Arlington, Lee’s estate, via a tax sale some years earlier, held to be void by the Court. In so voiding the title of the United States, the Court declared:
“No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise of the authority which it gives. “Shall it be said… that the courts cannot give remedy when the citizen has been deprived of his property by force, his estate seized and converted to the use of the government without any lawful authority, without any process of law, and without any compensation, because the president has ordered it and his officers are in possession? If such be the law of this country,
it sanctions a tyranny which has no existence in the monarchies of Europe, nor in any other government which has a just claim to well-regulated liberty and the protection of personal rights.”

See Pierce v. United States (“The Floyd Acceptances”), 7 Wall. (74 U.S.) 666, 677 (“We have no officers in this government from the President down to the most subordinate agent, who does not hold office under the law, with prescribed duties and limited authority”);
Cunningham v. Macon, 109 U.S. 446, 452, 456, 3 S.Ct. 292, 297 (“In these cases he is not sued as, or because he is, the officer of the government, but as an individual, and the court is not ousted of jurisdiction because he asserts authority as such officer. To make out his defense he must show that his authority was sufficient in law to protect him… It is no answer for the defendant to say I am an officer of the government and acted under its authority unless he shows the sufficiency of that authority”); and Poindexter v. Greenhow, 114 U.S. 270, 287, 5 S.Ct. 903, 912

WHEREAS, officials and even judges have questioned immunity (See, Owen vs. City of Independence, 100 S Ct. 1398; Maine vs. Thiboutot, 100 S. Ct. 2502; and Hafer vs. Melo, 502 U.S. 21; officials and judges are deemed to know the law and sworn to uphold the law; officials and judges cannot claim to act in good faith in willful deprivation of law, they certainly cannot plead ignorance of the law, even the Citizen cannot plead ignorance of the law, the courts have ruled there is no such thing as ignorance of the law, it is ludicrous for learned officials and judges to plead ignorance of the law therefore there is no immunity, judicial or otherwise, in matters of rights secured by the Constitution for the United States of America. See: Title 42 U.S.C. Sec. 1983.

“When lawsuits are brought against federal officials, they must be brought against them in their “individual” capacity not their official capacity. When federal officials perpetrate constitutional torts, they do so ultra vires (beyond the powers) and lose the shield of immunity.” Williamson v. U.S. Department of Agriculture, 815 F.2d. 369, ACLU Foundation v. Barr, 952 F.2d. 457, 293 U.S. App. DC 101, (CA DC 1991).

“Personal involvement in deprivation of constitutional rights is prerequisite to award of damages, but defendant may be personally involved in constitutional deprivation by direct participation, failure to remedy wrongs after learning about it, creation of a policy or custom under which unconstitutional practices occur or gross negligence in managing subordinates who cause violation.” (Gallegos v. Haggerty, N.D. of New York, 689 F. Supp. 93 (1988).

“The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings.” Hagans v. Lavine, 415 U. S. 533

“If you’ve relied on prior decisions of the Supreme Court you have a perfect defense for willfulness.” U.S. v. Bishop, 412 U.S. 346

Before we place the stigma of a criminal conviction upon any such citizen the legislative mandate must be clear and unambiguous. Accordingly that which Chief Justice Marshall has called ‘the tenderness of the law Page 11 of 48 for the rights of individuals’ [FN1] entitles each person, regardless of economic or social status, to an unequivocal warning from the legislature as to whether he is within the class of persons subject to vicarious liability. Congress cannot be deemed to have intended to punish anyone who is not ‘plainly and unmistakably’ within the confines of the statute. United States v. Lacher, 134 U.S.  624, 628, 10 S. Ct. 625, 626, 33 L. Ed. 1080; United States v. Gradwell, 243 U.S. 476,485, 37 S. Ct. 407, 61 L. Ed. 857. FN1 United States v. Wiltberger, 5 Wheat. 76, 95, 5 L.Ed. 37.

We do not overlook those constitutional limitations which, for the protection of personal rights, must necessarily attend all investigations conducted under the authority of Congress. Neither branch of the legislative department, still less any merely administrative body, established by Congress, possesses, or can be invested with, a general power of making inquiry into the private affairs of the citizen. Kilbourn v. Thompson, 103 U. S. 168,196 [26: 377, 386].
We said in Boyd v. United States, 116 U. S. 616, 630 [29: 746, 751]—and it cannot be too often repeated—that the principles that embody the essence of constitutional liberty and security forbid all invasions on the part of the government and its employes of the sancity of a man’s home, and the privacies of his life.
As said by Mr. Justice Field in Re Pacific R. Commission, 32 Fed. Rep. 241,250, “of all the rights of the citizen, few are of greater importance or more essential to his peace and happiness than the right of personal security, and that involves, not merely protection of his person from assault, but exemption of his private affairs, books, and papers from the inspection and scrutiny of others. Without the enjoyment of this right, all others would lose half their value.”

Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326 When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost.

JURISDICTION: NOTE: It is a fact of law that the person asserting jurisdiction must, when challenged, prove that jurisdiction exists; mere good faith assertions of power and authority (jurisdiction) have been abolished.

Albrecht v. U.S. Balzac v. People of Puerto Rico, 258 U.S. 298 (1922) “The United States District Court is not a true United States Court, established under Article 3 of the Constitution to administer the judicial power of the United States therein conveyed. It is created by virtue of the sovereign congressional faculty, granted under Article 4, 3, of that instrument, of making all needful rules and regulations respecting the territory belonging to the United States. The resemblance of its jurisdiction to that of true United States courts, in offering an opportunity to nonresidents of resorting to a tribunal not subject to local influence, does not change its character as a mere territorial court.”

“Jurisdiction of court may be challenged at any stage of the proceeding, and also may be challenged after conviction and execution of judgment by way of writ of habeas corpus.” [U.S. v. Anderson, 60 F.Supp. 649 (D.C.Wash. 1945)]

Stump v. Sparkman, id., 435 U.S. 349. Some Defendants urge that any act “of a judicial nature” entitles the Judge to absolute judicial immunity. But in a jurisdictional vacuum (that is, absence of all jurisdiction) the second prong necessary to absolute judicial immunity is missing. A judge is not immune for tortious acts committed in a purely Administrative, non-judicial capacity.

Piper v. Pearson, 2 Gray 120, cited in Bradley v. Fisher, 13 Wall. 335, 20 L.Ed. 646 (1872) “Where there is no jurisdiction, there can be no discretion, for discretion is incident to jurisdiction.”

Chandler v. Judicial Council of the 10th Circuit, 398 U.S. 74, 90 S. Ct. 1648, 26 L. Ed. 2d 100 Justice Douglas, in his dissenting opinion at page 140 said, “If (federal judges) break the law, they can be prosecuted.” Justice Black, in his dissenting opinion at page 141) said, “Judges, like other people, can be tried, convicted and punished for crimes… The judicial power shall extend to all cases, in law and equity, arising under this Constitution“.

Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938) A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil action for his acts.

“Jurisdiction, once challenged, cannot be assumed and must be decided.” Maine v. Thiboutot, 100 S. Ct. 250

Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828) Under federal Law, which is applicable to all states, the U.S. Supreme Court stated that “if a court is without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void, and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification and all persons concerned in executing such judgments or sentences are considered, in law, as trespassers.”

JUDICIAL IMMUNITY: See also, 42 USC 1983 – Availability of Equitable Relief Against Judges.

Note: [Copied verbiage; we are not lawyers.] Judges have given themselves judicial immunity for their judicial functions. Judges have no judicial immunity for criminal acts, aiding, assisting, or conniving with others who perform a criminal act or for their administrative/ministerial duties, or for violating a citizen’s constitutional rights. When a judge has a duty to act, he does not have discretion – he is then not performing a judicial act; he is performing a ministerial act. Nowhere was the judiciary given immunity, particularly nowhere in Article III; under our Constitution, if judges were to have immunity, it could only possibly be granted by amendment (and even less possibly by legislative act), as Art. I, Sections 9 & 10, respectively, in fact expressly prohibit such, stating, “No Title of Nobility shall be granted by the United States” and “No state shall… grant any Title of Nobility.” Most of us are certain that Congress itself doesn’t understand the inherent lack of immunity for judges. Article III, Sec. 1, “The Judicial Power of the United States shall be vested in one supreme court, and in such inferior courts, shall hold their offices during good behavior.”

Tort & Insurance Law Journal, Spring 1986 21 n3, p 509-516, “Federal tort law: judges cannot invoke judicial immunity for acts that violate litigants’ civil rights.” – Robert Craig Waters.

TAKE DUE NOTICE ALL GOVERNMENT OFFICIALS, SERVANTS, JUDGES, LAYERS, CLERKS, EMPLOYEES:

“Ignorance of the law does not excuse misconduct in anyone, least of all in a sworn officer of the law.”   In re McCowan (1917), 177 C. 93, 170 P. 1100.

“All are presumed to know the law.”  San Francisco Gas Co. v. Brickwedel (1882), 62 C. 641; Dore v. Southern Pacific Co. (1912), 163 C. 182, 124 P. 817; People v. Flanagan (1924), 65 C.A. 268, 223 P. 1014; Lincoln v. Superior Court (1928), 95 C.A. 35, 271 P. 1107;  San Francisco Realty Co. v. Linnard (1929), 98 C.A. 33, 276 P. 368.

“It is one of the fundamental maxims of the common law that ignorance of the law excuses no one.”  Daniels v. Dean (1905), 2 C.A. 421, 84 P. 332.

Jurisdiction challenged to all, at any and all times

“Judge acted in the face of clearly valid statutes or case law expressly depriving him of (personal) jurisdiction would be liable.” Dykes v. Hosemann, 743 F.2d 1488 (1984).  “In such case the judge has lost his judicial function, has become a mere private person, and is liable as a trespasser for damages resulting from his unauthorized acts.”

“Where there is no jurisdiction there is no judge; the proceeding is as nothing. Such has been the law from the days of the Marshalsea, 10 Coke 68;
also Bradley v. Fisher, 13 Wall 335,351.” Manning v. Ketcham, 58 F.2d 948.

“A distinction must be here observed between excess of jurisdiction and the clear absence of all jurisdiction over the subject-matter any authority exercised is a usurped authority and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible.” Bradley v.Fisher,13 Wall 335, 351, 352.

The laws of nature are the laws of God, whose authority can be superseded by no power on earth.  A legislature must not obstruct our obedience to him from whose punishments they cannot protect us.  All human constitutions which contradict his cannot protect us.  All human constitutions which contradict his (God’s) laws, we are in conscience bound to disobey.  1772, Robin v. Hardaway, 1 Jefferson 109. Supreme court cases from digging around Robin v. Hardaway 1790. Biblical Law at “Common Law” supersedes all laws, and “Christianity is custom, custom is Law.”

(I, Me, Myself am a “state”, with standing, standing in “original jurisdiction” know as the common law, Gods Law, a neutral traveling in itinerary, demanding all of my rights under God’s Natural Law, recorded in part in the Bible, which law is recognized in US Public Law 97-280 as “the word of God and all men are admonished to learn and apply it” so I demand anyone and everyone to notice God’s Laws, which are My Makers Laws and therefore My Laws!)

• – Article 1 of the Bill of Rights – guarantees freedom of religion-
  Constitution for the United States of America ARTICLE IV, sect. 1, Full faith and credit among states. (Self-executing constitutional provisions) Section 1.  Full faith and Credit shall be given in each state to the public Acts, Records, and judicial Proceedings of every other state.

And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

for true knowledge of how sophisticated the legal minds of our forefathers were read how intricate their minds worked absent of all modern inventions including modern internet free schooling.

Interference by threat, intimidation or coercion with exercise or enjoyment of individual rights
The Bane Civil Rights Act (California Civil Code Section 52.1) forbids anyone from interfering by
force or by threat of violence with your federal or state constitutional or statutory rights.
The acts forbidden by these civil laws may also be criminal acts, and can expose violators to criminal penalties.
California Civil Code Section 52.1 - Interference by threat, intimidation or coercion with exercise or enjoyment of individual rights read here
california-civil-code-section-52-1/

42 U.S. Code § 1983 – Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, subjects, or causes to be subjected, any citizen of the United States or other person
within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable
to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

Secret Canons of Judicial Conduct 

ECONOMIC STATUS ATTACKS!

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