Professional Documents
Culture Documents
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RICHARD I. FINE, Case No. 09-56073
Appellant and Petitioner,
9 D.C. No. 2:09-CV-01914 JFW (CW)
10 vs. D.C. No. 2:09-CV-07943 JFW (CW)
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MOTION TO DISQUALIFY JUDGES
12 SHERIFF OF LOS ANGELES REINHARDT, TROTT AND
COUNTY, et al, WARDLAW FOR NOT HAVING
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Appellees and Respondents DISCLOSED VIOLATIONS OF 28
14 USC § 455(a), AND TO VOID THE
15 MEMORANDUM OF DECISION
AND OTHER ORDERS
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28 USC 455(a)
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28 USC § 455(a) mandates disqualification of Judges Reinhardt, Trott and
20 Wardlaw. It states that any justice, judge, or magistrate judge of the United
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States shall disqualify himself in “any proceeding in which his impartiality might
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23 reasonably be questioned.”
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In this appeal of the denial of a Petition for Writ of Habeas Corpus, the
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26 certified question was: “whether the trial judge should have recused himself.”
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The “trial judge” was Los Angeles Superior Court Judge David P. Yaffe.
2 His actions were that he took illegal payments from Los Angeles County, who
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was a party before him in the case of Marina Strand Colony II Homeowners
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5 Association v. County of Los Angeles (the “Marina Strand” case), LASC Case
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No. BS109420. He did not disclose the payments. He made an order that
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8 Appellant Richard I. Fine (“Fine”) should pay LA County and its co-applicant for
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an Environmental Impact Report (“EIR”) attorney’s fees and costs without notice
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to Fine, without Fine being present at the hearing, and in violation of the
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12 California Public Resources Code. Fine had previously left the case. Judge
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Yaffe then “judged his own actions” by presiding over a contempt proceeding to
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to violate Article VI, Section 19, of the California Constitution in the case of
19 Sturgeon v. County of Los Angeles, 167 Cal.App.4th 630 (2008), review denied
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12/23/08. This included the payments to Judge Yaffe. The county payments to
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25 May.21, 2009. Such Bill gave retroactive immunity from May 21st to any
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“governmental entity, or officer or employee of a governmental entity” from
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“[civil] liability or ... [criminal] prosecution or disciplinary action because of
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benefits provided to a judge ... [that] were not authorized under law.” {2009 Cal.
2 Legis. Serv. Sec. Sess. Chap. 9 (F.D. 11).
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The crimes included misappropriation of funds, obstruction of justice and
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5 bribery. Those committing the crimes and receiving immunity under Senate Bill
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SBX2-11 were LA County, LA County Supervisors, and LA Superior Court
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12 and again when Judge Yaffe was a witness in the contempt proceeding over
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which he also presided.
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15 On these facts, the US Supreme Court precedents were clear. Judge Yaffe
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could not be a judge in the contempt proceeding where he was “judging his own
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actions”. The Court recited the general rule that “no man can be a judge in his
19 own case”, adding that “no man is permitted to try cases where he has an interest
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in the outcome.” In Re Murchison, 349 US 133, 136 (1955) cited in Caperton v.
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22 A.T. Massey Coal Co., Inc., et al, 566 U.S. ___, (2009), decided 6/8/09, Slip
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Opinion page 10. Judge Yaffe had an interest in the outcome of all cases in
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“A judge receiving a bribe from an interested party over which he is presiding,
2 does not give the appearance of justice”. Offutt v. U.S., 348 U.S. 11, 14 (1954).
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This was cited in Levine v. United States, 362 U.S. 610 (1960), which reaffirmed
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12 temptation to the average ... judge to ... lead him not to hold the balance nice,
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clear and true”, which was forbidden by Caperton, supra, Slip Opinion page 16,
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15 citing to Aetna Life Ins. Co. v. Lavoie, 475 U.S. 813, 825 (1986), quoting Ward v.
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Monroeville, 409 U.S. 57, 60 (1972) in turn quoting Tumey v. Ohio, 273 U.S.
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510, 532 (1927).
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This violation of precedent indicated that something was terribly wrong and
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25 not being disclosed by the judges for such a blatant violation of Supreme Court
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precedents to occur, bringing into question the integrity of the panel members.
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U.S. Supreme Court Justice Anthony Kennedy stated in a concurring
2 opinion in Republican Party of Minnesota v. White, 536 U.S. 765 (2002) cited in
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Caperton, supra, Slip Opinion page 19: “Courts in our system elaborate
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5 principles of law in the course of resolving disputes. The power and the
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prerogative of a court to perform this function rests, in the end, upon the respect
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8 accorded to its judgments. The citizens’ respect for judges depends in turn upon
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the issuing court’s absolute probity. Judicial integrity is, in consequence, a state
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interest of the highest order.”
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15 render them incapable of holding the balance “nice, clear and true.” The
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conflicts of interest include the following:
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Judge Reinhardt is married to Ramona Ripston, as stated in the January 4,
19 2010 Los Angeles Times article “Billboard Lawsuit Targets Free Speech”.1 Such
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article further states that Ramona Ripston sits on an LA County / LA City
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22 commission dealing with the homeless and is “head” of the ACLU of Southern
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California (“ACLU-SC”).
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http://www.latimes.com/news/local/la-me-freespeech4-2010jan04,0,4678395.story
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Leroy Baca) and the LA County Board of Supervisors, et al, USDC case no. 75-
2 CV-04111 (DDP), a jail monitoring program was designed in which the ACLU-
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SC would monitor conditions.2 Although the latest ACLU annual report (2007-
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5 20083) and tax return4 are silent as to the specifics of its sources of income, and
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online budgets for LA County are silent as to specific budget items to pay for the
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8 program (in similar fashion as to how the illegal payments to judges were kept
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hidden for 21+ years), the County is certainly paying the ACLU for its activities
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in this decades-long project. And Ramona Ripston, the Chief Executive Officer
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Ripston and LA County, who is an interested party in this case and who has
22 Judge Reinhardt.
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http://www.fulldisclosure.net/Programs/494.php
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http://www.aclu-sc.org/documents/view/21
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http://dynamodata.fdncenter.org/990_pdf_archive/952/952673361/952673361_200803_990.pdf
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http://efs.lacounty.gov/public_search_results.cfm?rept_type=ALLCon
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Judge Reinhardt also acts as Trustee for three entities whose identities are
2 redacted on his financial disclosure form,6 raising the question of why their
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identities are disguised and whether Judge Reinhardt is conflicted in the present
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5 case.
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Judge Trott was a member of the LA County District Attorney’s office for
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12 His financial parity with LA County, who is an interested party and who
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received retroactive immunity from criminal prosecution for making criminal
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Judge Wardlaw is married to William M. (Bill) Wardlaw, according to the
22 Co. He is also well known as a “political power broker” in Los Angeles. One of
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his well-known endeavors was to attempt to convince LA County Supervisor Zev
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http://www.judicialwatch.org/jfd/Reinhardt_Stephen_R/2008.pdf
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http://www.fjc.gov/servlet/tGetInfo?jid=2416
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http://www.judicialwatch.org/jfd/Trott_Stephen_S/2008.pdf
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Yaroslavsky to leave his position as a supervisor and run for mayor of Los
2 Angeles in 2004, according to the same aforementioned January 2005 interview.
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LA County campaign contribution reports show that Bill Wardlaw and
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5 members of the firm of Freeman, Spogli & Co. have contributed to the following
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LA County Supervisors (and District Attorneys who protect the supervisors from
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8 prosecution):
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Wardlaw 12/05/07 $500 Yaroslavsky
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This close relationship between the Wardlaw family and LA County
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identities are redacted on her financial disclosure form. Her form does disclose,
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transactions are also redacted, making her disclosures far short of “full,” and
2 raising the question of whether the specifics of any disguised transaction is
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relevant to the issues herein. Her form also makes the apparently false statement
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15 times, cannot be made valid by any judge, nor does it gain validity after the
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passage of time. The order is void ab initio. Valley v. Northern Fire and Marine
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Co., 254 U.S. 348 (1920). No court has the lawful authority to validate a void
22 this case are void, including, but not limited to, the denial of the Petition for Writ
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of Mandate, which related to a second Petition for Writ of Habeas Corpus
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http://www.judicialwatch.org/jfd/Wardlaw_Kim_M/2007.pdf
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denied the Writ of Habeas Corpus. The Writ of Habeas Corpus also charged
2 Judge Yaffe and the LA County Sheriff with unlawfully holding Fine from the
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outset and beyond the five-day limit of CCP § 1218. Judges Reinhardt, Trott and
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Dated this _____ day of February, 2010 Respectfully submitted,
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BY: _________________________
17 RICHARD I. FINE,
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In Pro Per
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PROOF OF SERVICE
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I certify and declare, under penalty of perjury under the laws of the United
States of America and the State of California, that the foregoing is true and
correct.
California.
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____________________________________
FRED SOTTILE
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