9thCircuitRequestForJudicialNotice

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R E c E I VE DOLLY

,

4WYE CLERK

.

s. COUAOFA/PEAL

SICIIARD 1. FINE, ln Pro PerPrisoner ID # 1824367c/o Men's Central Jail

441 Bauchet StreetLos Angeles, CA 90012

JUL 2 22229

FILEDDOCKETED

.

jATE lN

l IAL

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUITCase No. 09-56073

RICHARD 1. FINE,

Appellant and Petitioner,REQLJEST FOR JUDICIAL

NOTICE IN SLTPORT OF

EMERGENCY MOTIONS.U.S. DISTRICT COLJRT,

Respondent.SXRIFF OF LOS ANGELESCOIJNTY

(Real Party ln lnterest)

Richard 1. Fine (tTine'') respectfully requests that the Court take judicial

notice of the following documents:1.November10, 1988, Memorandum from Roger W

.

Whitby, SeniorAssistant, LA County Counsel, to Frank S. Zolin, County ClerkmxecutiveOfficer of the Superior Court. The relevance of this document is its

revelation that LA County would pay LA Superior Court judges ûllocaljudicial benefits'' despite their certain knowledge of contrary opinions

issued by the Attorney General. (A true and correct copy of the

Memorandum is attached hereto.)

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The Loc#er-lsenberg Trial Court Funding Act of 1997 (Cal. Govt. Code577000 et seq.). The relevance of this document is its declaration that the

State was solely responsible for trial court funding, in order to remove the

differences in compensation received by judges in different counties.(lnternet location: http://-.leginfo.ca.gov/cgi-biiwaisgate?WAlsdoclD=3g3zl 1 17179+0+0+0&WAlSaction=retrieve)

LA County's 2008-2009 Final Budget, which shows, at pages 223 through

240 (or pages 227-244 if using the pdf page numbers), the County's

expenditures for trial court operations for the past several years. (Internet

location: http://fle.lacounty.gov/lac/cmsl

l 15150.pdf )

The 2009-10 Judicial & Criminal Justice Budget Analysis, prepared byCalifornia's Legislative Analyst's Office, which shows that incarcerationrates have almost doubled over the past 20 years, even though crime rateshave dropped, the same zo-year timeframe during which LA Superior

Court judges received payments from LA County while presiding overcases prosecuted by the LA County District Attorney. (lnternet location:

http://ww.lao.ca.gov/analysis

zoog/crimiustice/cj-anlogoo3ooz.aspx#

zzee

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link

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1233270990 )The following LA County Counsel Armual Litigation Cost Reports (the

only ones available to the public)

a) County Counsel Almual Litigation Cost Regort FY 2007/08.

(lntemet location: http://counsel.lacounty.gov/llt 07-08.pdf )

b) Supplemental Mnual Report of County Counsel on Litigation CostManagement for FY 2006/07. (lnternet location:

http://counsel.lacounty.gov/supp

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o6-o7.pdf )c) Litigation CostManager's Annual Report on Cost Reduction

Measures for 2006/07. (lnternet location:

http://counsel.lacounty.gov/lit 06-07.pdf )d) Report(lnternet

on Litigation Cost Management Performance for FY 2006/07.

location: http://counsel.lacounty.gov/perf

o6-o7.pdf )e) Litigation CostManager's Annual Report on Cost Reduction

Measures for 2005/06. (lnternet location:

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hlp://counsel.lacounty.gov/lit

os-o6.pdf )

The 2002-03 tlGeneral FundYnterprise Hospitals s-Month Budget StatusReport,'' showing, at page 5 for example, dramatic increases in court-

related costs and a $2.31 million deficit ççdue primarily to: 1) a $1.25million increase in salarpdriven local judicial benefits. ..''. (lnternet

location: http://fle.lacounty.gov+c/qlzoo3/cmsl

oo48o7.pdf, page 7)

Docket, USDC, Fine v. Sherff (Case No. CV-09-1914) showing that the

(sAttorney General'' was copied by the court on its lçmodified'' 7/6/09

th ccA (The Attorney General is not a party to theotice of Appeal to 9 .

action, a designated interested party, or an intervenor in this case.)(Internet location: PACER document 34 https://ecf.cacd.uscouds.gov/cgi-

bi*ktRpt.pl?840013852364541-L 801 0-1 )

Metropolitan News-Enterprise article of 3/2/09, quoting Judge CharlesMccoy, Presiding Judge of the LA Superior Court, who revealed that the

court has a Stcushion'' of unspent funds of $70 million dollars. He also

thanked attorneys who'd filed amicus briefs siding with the Superior

Court judges after the Sturgeon v. Countv qff-t?,s Anzeles decision, sayingit-l-he judges of the Los Angeles Superior Court are grateful.appreciation will last for a long time.'' (lnternet location:

hlp://-.metnews.com/adicles/zoog/bfco3ozog.htm )

And thatLA County Bar Association's ûçupdate'' for December 2008, revealing

that Sçltlhe county asked LACBA to write a letter in support of petition for

review in the California Supreme Court.'' (lntemet location:

hlp://-.lacba.org/showpage.cfm?pageid=lol74The November7, 2008, case summary of the California Court of Appeal,Fourth Appellate District, at page 1 1, showing the following entities allsubmitted amicus curiae briefs to the Court in support of LA