State orders audit of Marin family court

State orders audit of Marin family court

There are 871 comments on the Marin Independent Journal story from Jul 1, 2009, titled State orders audit of Marin family court. In it, Marin Independent Journal reports that:

Prodded by Sen. Mark Leno and other lawmakers, the state Joint Legislative Audit Committee voted Wednesday to investigate the family courts in Marin and Sacramento counties.

Join the discussion below, or Read more at Marin Independent Journal.

John Olagues

New Orleans, LA

#817 Apr 19, 2010
Here is how the criminals at 3501 Civic Center Drive will soon be singing to the FEDS. Mayor of Mandeville, 26 miles from New Orleans, Eddie Price, son of former Tulane and New York Giants Football hero co-operates with FEDS to save his --s.

http://www.wwltv.com/news/local/Eddie-Price-s...
For our kids

Alameda, CA

#818 Apr 19, 2010
John Olagues wrote:
Here is how the criminals at 3501 Civic Center Drive will soon be singing to the FEDS. Mayor of Mandeville, 26 miles from New Orleans, Eddie Price, son of former Tulane and New York Giants Football hero co-operates with FEDS to save his --s.
http://www.wwltv.com/news/local/Eddie-Price-s...
Dear Olagues,

"State auditors threatened to subpoena Marin Superior Court records" article in Marin IJ has been shut down to prevent public comment.

http://www.marinij.com/sanrafael/ci_14803972

Sheriff and Bailiff protect the corrupt judge and corrupt system. The whole system at Marin Civic Center need a very serious investigation. You cover my back and I will cover yours.
Support Your Community

San Rafael, CA

#820 Apr 20, 2010
Exactly WHERE IS THE AUDIT AT THIS POINT with the Attorney General? Any results?
John Olagues

New Orleans, LA

#821 Apr 21, 2010
Another Judge in my neighborhood pleads guilty and again the sentencing is delayed while he co-operates with the FBI.

http://www.nola.com/crime/index.ssf/2010/04/s...

And the same criminals here and in Marin arrested me and held me without bail four times for allegedly keeping my children for 5 extra days.

John Olagues
For our kids

Alameda, CA

#822 Apr 21, 2010
John Olagues wrote:
Another Judge in my neighborhood pleads guilty and again the sentencing is delayed while he co-operates with the FBI.
http://www.nola.com/crime/index.ssf/2010/04/s...
And the same criminals here and in Marin arrested me and held me without bail four times for allegedly keeping my children for 5 extra days.
John Olagues
Could you please share with us, what the name of DAs who screw up in your case?
John Olagues

New Orleans, LA

#823 Apr 21, 2010
To For our kids:

The DDA's name is Leon Kousharian. I believe that he left the DA's office. I blame his Superiors and the retired Judges Graham, Smith and present head Judge Adams as just as culpable. I think that Kousharian relied on his investigator Patricia Stafford who perjured herself in a declaration. He also believed my ex wife, who lied to them.

They had a ex parte proceding, out of which arose an order to seize my children. That is a violation of clearly defined law. But Kousharian and those judges are too ignorant of the law and or just don't care what the law is.

The order itself was fraudulent and was later declared void as having been issued without authority.

They could have corrected the matter and cut short the situation. But when they violate your rights and commit felonies in the process, they are surely not going to admit it. They close ranks and cover it up.

I found the link below to an article about Attorney Richard Fine that may be of interest.

http://uruknet.info/index.php...

Cheers:

John Olagues
courtwatch

Mill Valley, CA

#824 Apr 22, 2010
Thank you John. You gotta wonder, Mr. Fine has been in solitary confinement for 25 MONTHS claiming the judge who told him to produce documents had no authority to hear his case.

I think it's only fair to put Kim Turner in solitary confinement for refusing to hand over documents requested by the legislative auditors. She can sit there in an orange prison suit, doing time, while everyone figures out the legalities of the issue, just like Mr. Fine. Right?

DA Berberian, get out your handcuffs, you know where Kim is. By the way, I do hope you are investigating the issues of falsification and destruction of court records, that has reportedly been going on up there at the Civic Center under Kim's watch.

And say hey--look at this!

milwaukee-clergy-sex-abuse-cas e/19450730

I wonder when someone will do something like this regarding judges at all levels who a) know certain bench officers, court officials, mediators and appointees are violating laws and harming the public, but b) are not doing anything about it.
courtwatch

Mill Valley, CA

#825 Apr 22, 2010
courtwatch wrote:
Thank you John. You gotta wonder, Mr. Fine has been in solitary confinement for 25 MONTHS claiming the judge who told him to produce documents had no authority to hear his case.
I think it's only fair to put Kim Turner in solitary confinement for refusing to hand over documents requested by the legislative auditors. She can sit there in an orange prison suit, doing time, while everyone figures out the legalities of the issue, just like Mr. Fine. Right?
DA Berberian, get out your handcuffs, you know where Kim is. By the way, I do hope you are investigating the issues of falsification and destruction of court records, that has reportedly been going on up there at the Civic Center under Kim's watch.
And say hey--look at this!
milwaukee-clergy-sex-abuse-cas e/19450730
I wonder when someone will do something like this regarding judges at all levels who a) know certain bench officers, court officials, mediators and appointees are violating laws and harming the public, but b) are not doing anything about it.
here is a better link to the lawsuit story

http://www.cnn.com/2010/CRIME/04/22/abuse.pop...
John Olagues

New Orleans, LA

#826 Apr 23, 2010
The Pope should be considered for the California Supreme Court. He seems to have the required talents.

I went to Jesuit High School here in New Orleans for 5 years but was never approached by any wayward priests. Learned Latin, Math and Baseball. Went to Church every Sunday.

Perhaps years later things have changed.

John Olagues
For our kids

Alameda, CA

#827 Apr 24, 2010
Thank you Mr. Olaques,

It's just about time for the lawsuit history in Marin Court Corruption from top to bottom. District attorneys protect the criminal and try to shut up the concerned citizens.

http://www.marinij.com/opinion/ci_14943453

http://www.topix.com/forum/source/marin-indep ...

Berberian's decision to search for a smoking gun was fruitless. The only thing it did was reinforce McGlashan's unfair attack on the grand jury, an independent panel of citizens who essentially volunteer their time to examine local governmental issues. The grand jury deserves to be treated with more respect.

Uncle SAM, SF
1. this man Berberian has used his public position to advance a POLITICAL agenda.
2. this is a good reason to FIRE him...right now...no questions



JusticeCaliforni a

San Rafael, CA

#828 Apr 29, 2010
On April 23, 2010, the Judicial Council’s Elkins Family Task Force (comprised largely of family law judges) presented its final family court report and recommendations to the Judicial Council.

As expected, the task force report does NOT report or address one of the key concerns of members of the public (fathers, mothers, children, lawyers, court professionals, and advocates) who attended task force focus groups and/or came to SF from all over CA to testify on April 6, 2009, shoulder to shoulder, about what is happening in the family courts around the state.

You don’t often see Father’s Rights advocates, and Mother’s Rights advocates, united. But on April 6, 2009, they, and many others were united with respect to one major concern, and that is that state laws and rules enacted for the protection of families and children often are not being followed by CA Family Court judges, Family Court mediators, and court appointees. Great laws and procedures already exist, they said, but the laws and procedures are simply not being followed.

Here is today’s new proposed immunity language from AB 2475:

“43.94.(a) The doctrine of judicial immunity or quasi-judicial immunity shall not apply to exonerate any private third party appointed by the court in an advisory capacity based on his or her professional expertise, who provides a report or findings to the court in a proceeding under the Family Code, with the intention that
the court act in one way or another based on the report or findings, from liability for acts performed within the scope of his or her
appointment in violation of law, rules of court, or professional standards.
(b) This section shall apply to private individuals such as special masters, minor’s counsel, investigators, therapists, evaluators, receivers, bankruptcy trustees, experts, factfinders, and other persons specifically appointed by the court in an advisory
capacity based on their professional training or expertise.
(c) This section does not apply to any judicial officer,subordinate judicial officer, arbitrator, or public employee protected by the doctrine of judicial immunity or quasi-judicial immunity at the time this section was enacted.
(d) During a civil, criminal, or administrative investigation or proceeding in which a court appointee’s alleged misconduct, as described in subdivision (a), is at issue, any statutes of limitation applicable to the underlying, or other related, civil litigation shall be tolled.
(e) Notwithstanding any other law, any applicable statutes of limitation shall be tolled in an action for recovery of damages for alleged misconduct perpetrated by a court appointee, as described in subdivision (a), while the person seeking relief was a minor.
(f) The Bureau of State Audits shall include a dedicated compliance official or division whose function it is to review compliance of family courts and public employees with state-mandated family laws and procedures and, notwithstanding Section 10231.5 of the Government Code, to make recommendations to the Legislature, Governor, and Judicial Council, based thereon. Recommendations submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.”

This good government bill, which would protect families and children by ensuring compliance with laws and procedures in family courts, is being supported by fathers, mothers, and their advocates, as well as others.

see: http://info.sen.ca.gov/pub/09-10/bill/asm/ab_...
Hitlerwatcher

Mill Valley, CA

#829 Apr 29, 2010
http://angelzfury.wordpress.com/doctor-who-in...

http://en.wikipedia.org/wiki/Pit_of_despair

Look at those websites. That is what our Marin family court mediators and judges and favored experts are doing when they help brutally rip children from protective mothers. Gloria W., Kristen D., Leo T., Meredith B., Michael D, Sylvia S, Vern S, Verna A, Lynn D, Bev W., Harvey G., John S., Margaret L, Frederica C, Cheryl H, Marjorie W, Jay S, and many others: watch,and see yourselves, and your colleagues. All of you have used humans instead of monkeys for your personal gain and/or social experiments. And let's not forget those who let them do it. Our Board of Supervisors. All of you. Jared Huffman. Our county counsel. Our sheriff and his minions. Edward B. and his minions. Paul H, who knows better. So many, many more.

Shame on all of you. You are all taking part in the atrocities going on in Marin County. And you are not doing a damn thing about it.
courtwatch

Mill Valley, CA

#830 Apr 30, 2010
I talked to some out-of-county Family Law colleagues recently, and compared notes. It made me realize that what has gone on in the Marin Family Court, while not unique, is indeed extreme. The question was raised--is it the fault of the hired gun and in-house professionals pushing the psychobabble du jour, or judges who rely upon them, and rubber stamp their recommendations, or both?

It is quite possible, when all is said and done, and people look back some years from now and analyze the social damage that has taken place in the California family courts, the focus will be squarely on the Marin mental health "professionals" who have urged the courts to do what they have done -- and have made a lot of money doing it. Marin mental health "professionals" have enthusiastically birthed and nurtured and taught the controversial theories that are being used in courts statewide now, to take children from good parents, both mothers and fathers --and to threaten protective parents. You know--the theories that certain parents are enmeshed, overprotective, alienating, infantalizing, etc. so they have to lose all custody of their children and then try for years to get it back. My gosh, what a booming and cruel industry. Slap some handy psychobabble labels on divorcing parents who have done a fine job raising their children during marriage, rip the family apart, and voila! You have a fat hog ready for slaughter--bring in the custody evaluators, therapists, supervisors, co-parenting counselors, minor's counsel, etc.-- and the fat hog gets slaughtered for as long as the money lasts or the child turns 18.

The unprotected victims are the children who have been deprived of the love and care -- and sometimes protection--of good parents, based on psychobabble du jour. The more a child who has been taken from a loving and/or protective parent complains, and asks to be with the loving/protective parent, the more the loving parent/protective parent is accused of being "alienating". The child ends up in therapy being told the loving/protective parent is somehow "bad", and soon learns that complaining is going to cause more trouble for both the child, and the loving/protective parent. Eventually the child usually shuts up, for his or her own protection.

Yesterday I heard about another little boy killed by his father (not a Marin case). Like Katie Tagle, the mom reportedly had tried to get court protection, which had been denied, and the mom was threatened by the court for reporting her concerns.

It is time for the madness to stop, and everyone in the system needs to do what they can to stop it. For example, the DA has said 88% of reported crime in Marin involves violence against women, right? Yet only 8% of the DA's budget is devoted to domestic violence cases, right? And Marin has historically had one of the worst county rates of restraining orders after hearing issued, right? And mothers reporting domestic violence routinely lose custody of their children in Marin, right?(just ask Marin Abused Women’s Services) What is wrong with this picture? And what is going to be done about it by those charged with protecting the public?

And most especially, what are our current Marin judicial candidates going to pledge to do about it?
Local community

San Jose, CA

#831 Apr 30, 2010
http://drphil.com/shows/show/1442/...

Dr. Phil air Family Court Crisis on April 14, 2010 at 8 PM KRON 4.

http://drphil.com/shows/show/1442
Local community

San Jose, CA

#833 Apr 30, 2010
Cashing in on child custody fights

Legal watchdog groups say the family courts are ripe for corruption. "The whole system is set up to churn fees," says Kathleen Russell of the Center for Judicial Excellence. In high conflict custody cases, a family court judge typically assigns "court appointees" to provide counseling and evaluations of the parents and their children. The cost of these sessions, which are paid by the parents, can add up quickly. "It's a very lucrative industry," says Russell "these mental health professionals are making a handsome living."

What concerns Russell most is that there's no regulation or oversight of this cottage industry. Many of the accused abusers will pay the evaluator directly which can lead to collusion. The court appointees also have legal immunity that prevents them from being sued for unethical behavior. "There's no checks and balances and no questioning of authority," said Russell. The court-hired professionals have significant power when it comes to determining a child's future. Judges generally defer to the appointee's recommendations before making a custody ruling.

Linda Marie says the custody evaluator ordered to examine her case in 2004 never called the abuse hotline, despite having a legal obligation under the mandatory reporting laws.
The psychologist dismissed the girls' abuse history and their father's inappropriate behavior. However the therapist determined Linda Marie had a better psychological bond with the children and recommended the mother should be the primary parent.

Two years later, that same therapist reversed her decision and decided that Linda Marie's ex-husband should have sole custody of their kids. This change of heart happened coincidentally while an associate in her office was hired to evaluate the father. "Money can buy the outcome you want, with total disregard to the children's welfare or safety," said Linda Marie.

While the family courts may initially have had good intentions by relying on mental health professionals, critics argue it's only making the situation worse. "These are criminal matters," says Russell "They need to be investigated as crimes." She advises parents to avoid family court at all cost and try to mediate your divorce instead. If you end up in family court, Russell recommends you collect as much evidence as possible, report abusive behavior when it happens and document it with photos.

There's no turning back for Linda Marie Sacks who intends to keep fighting as long as it takes to get her girls back. "I have my sights on the US Supreme Court if they do not give me my children back and a new judge." While Linda Marie's case may seem extreme, it's not unique. "It's happening to thousands of mothers stuck in family court trying to protect their children," says Russell. "It's a bottomless pit."

Read more: http://www.momlogic.com/2010/04/child_custody...
courtwatch

Mill Valley, CA

#835 May 8, 2010
Check out this amazing development:

http://www.signonsandiego.com/news/2010/may/0...

I read the writ petition, and this whistleblowing judge names names, and takes no prisoners. It is a shocking story.

I am certain our Marin judges have all kinds of similar stories.....
enough

Napa, CA

#836 May 8, 2010
The San Diego story is shocking and also very sad.

It is sad because at the end of the day the presiding judge MIGHT be admonished and perhaps instructed to require that other Judges under his direction follow the law. One would like to believe that law and court rules and orders established to stop donestic violence would be a high priority and enforced with great attention to detail. Sadly---recent history clearly documents that all too often those being abused go ignored, unheard and even accused----lives have been lost to shameful, inexcusable refusal by many Judges to follow the law.

Call me a cynic----but I believe there will NEVER be meaningful change in our morally bankrupt, corrupt family court system until Judges are required to follow the law.

AS LONG AS JUDGES HAVE JUDICIAL IMMUNITY THERE WILL BE PRESIDING JUDGES LIKE JUDGE DEDDEH----

The "absolute power" granted in our current system with non-existant accountability permits and supports Judges like Deddeh running their little feifdom as they see fit----supports a system like Marin in achieving a well-earned reputation for chronyism rising to the level of criminality and for a system like San Francisco to fall to a level where all who enter the building are concerned about irratic behavior and retaliation.

Our system seems so simple----we are ostensibly a nation of laws---laws that should be followed. We have strayed so far from this pleasant little notion.

A good lawyer knows the law---A great lawyer knows the Judge---

WE ALL NEED TO JOIN TOGETHER TO BRING ABOUT CHANGE--THE MOST DIRECT ROUTE TO IMPLEMENT CHANGE IS THROUGH A BALLOT INITIATIVE TO DROP JUDICIAL IMMUNITY---WE NEED JUDGES TO BE ACCOUNTABLE FOR THEIR ACTIONS---
Debra

Redding, CA

#837 May 18, 2010
I am having a lot of trouble in Alameda County as well. I just received the mediation recommendation letter and they just for now reason and legally are giving the abusive ex full physical custody. I have to jump through hoops now and am scared. I am glad this is breaking open finally. If given the chance I will help break it open.
Karen Manalisay wrote:
I just want to say this is wonderful news. I am a litigant suffering from the injustices of the legal system in Alameda County. I hope that our county will be audited soon. My family has lost everything financially and emotionally just for trusting the system to help us with some problems and unfortunately one mediators lies changed our lives for a very long time.
Shocked

Redding, CA

#838 May 18, 2010
Concerning Alameda County Court I have already had some say, but reading more I felt compelled to post again. I have been more than honest and was sent to evaluators and mediator of the court. The court mediator talks to the ex for at least 45 minutes before she includes me in the conversation if we call it that. It is all about he wants this and he wants that. Then we go to court and he gets it. The truth is never told only ignored and twisted. He gets a therapist for him the child but, not for me and the child. Most all court dates were behind chambers, I was not even told of several court dates. They took my R/O away with out telling me then lied about it. They took over $30,000.00 out of the court ordered trust without any knowledge to me. I can go on for days. Things are bad and now they are worse. This all started 2005 and still going.
post number 841 again

Mill Valley, CA

#844 May 20, 2010
Perhaps you have correctly guessed that Paul Haakenson took Marin’s low road, choosing a Marin fixture named Neil Moran to be his campaign treasurer, because “Moran is good at filling out forms.” Uh huh.

In Marin County’s infamous “you scratch my back, I will scratch yours” culture, the go-to man to run a judicial retention campaign is Moran, a partner at the Freitas McCarthy law firm. Moran has run the campaigns for many judges facing retention elections—including, in recent history, Michael Dufficy and John Sutro – neither of whom was particularly respected in the legal community. Moran was the campaign treasurer, and the Freitas McCarthy address was the listed address, for both the Dufficy and Sutro campaign committees. The Freitas McCarthy law firm was each judge’s top donor ($2,500), and for each judge, Moran delivered many of the same endorsements Haakenson is now touting—all sitting Marin judges, multiple retired judges, all past presidents of the bar association, etc., etc.– notwithstanding Dufficy’s clearly sordid “Sheepranch” partying past and multiple admonishments by the CJP.

What does Moran and Freitas McCarthy get out of this? Well, Moran is married to Judge Lynn Duryee. Moran’s Freitas McCarthy law partner, Peter Kleinbrodt, is married to Beverly Wood. Wood used to work at Freitas McCarthy, until she was selected by the Marin bench from a field of 60 applicants for the job of Marin court commissioner. Then Duryee and her good friend Wood sat together on the Marin Family Bench – if you didn’t get one, you got the other. And Ali Quam, who also worked at Freitas McCarthy, was hired as the Marin Family Court Facilitator.(Some have called the Marin courts a full-service employment agency for Freitas McCarthy.)

Duryee is Marin’s richest judge, and has routinely reported a $100,000-$1,000,000 interest in the Freitas McCarthy law firm on her economic disclosures. Wood initially reported a $10,000-$100,000 interest in the Freitas McCarthy law firm on her disclosures—then it quickly grew to a $100,000-$1,000,000 reported interest. When Freitas McCarthy gets good clients, lucrative court appointments, good case outcomes and fee awards, Marin County bench officers Duryee and Wood benefit via their community property interest in Freitas McCarthy.

So who does Freitas McCarthy list as representative clients? The County of Marin, the City of San Rafael, the Town of Tiburon, The City of Belvedere, the Tamalpais Union High School district, the Marin Municipal Water district—among others.

As of March 17, 2010, Moran’s firm had donated $2,500, Kim Turner had donated $1,250, and Verna Adams had donated $1,000 to Haakenson—and those are substantial donations in Marin.

Duryee, Adams and Wood have all had a hand in some of the worst Marin family court child custody cases involving a) protective parents who have lost custody to wealthy and/or well-connected parents with problematic pasts, and b) neglect, injuries and/or abuse of the children while in the care of the wealthy/connected/problematic parents.

In aligning with Moran, Haakenson, notwithstanding his stellar credentials, has made it clear that he is a “team player”, and will not rock the boat, or bite the hands that feed him.

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