Judge David Yaffe Served With Demand for Immediate Release Of Richard Fine

FULL TEXT AND POINTS & AUTHORITIES

Demand For Immediate Release From LA County Jail, And Other Relief

Richard I. Fine (hereinafter “Fine”) hereby demands immediate release from the Los Angeles County Jail and other relief as set forth in the attached Memorandum of Points and Authorities. Grounds for demand are:

1. From the outset, Judge Yaffe knew that “coercive incarceration” would not “coerce” Fine into answering questions about his assets because:

A. The issue in the case was whether Judge Yaffe should have recused himself, and had no relevance or relationship to Fine’s assets, and

B. Fine informed Judge Yaffe in open court that Judge Yaffe had violated the law by taking payments from LA County, that he could not preside over the case and that Fine would answer the questions only if he lost all appeals on the issue.

2. Under the case of In Re Farr, 36 Cal.App.3d 577, 584 (1974), once it was established that there was no substantial likelihood that such contempt order would serve its coercive purpose, the commitment would become punitive in nature and thus subject to the statutory limitation. Cited in In Re William T. Farr on Habeas Corpus, 64 Cal.App.3d 605, 611-612 (1976).

3. Judge Yaffe knew from the outset of March 4, 2009 that his confinement of Fine violated the Farr case, was penal and unlawful.

4. Judge Yaffe knew that the LA County payments to him violated Article VI, Section 19, of the California Constitution, were criminal (including misappropriation of funds, destruction of justice and bribes), and required him to recuse himself in the Marina Strand case at the outset under the due process clause of the U.S. Constitution, California law and the California Code of Judicial Ethics.

5. Judge Yaffe also knew that the due process clause of the U.S. Constitution, California law and the California Code of Judicial Ethics also required him to recuse himself at the outset of the Marina Strand case even if the LA County payments were not criminal.

6. Judge Yaffe further knew that the due process clause of the U.S. Constitution required him to recuse himself from the contempt proceedings because he was judging his own actions of receiving payments from LA County and making orders in the County’s favor. The demand is based upon the aforementioned grounds and other reasons set forth in the Memorandum of Points and Authorities attached hereto.

Dated this 27th day of January, 2010 Respectfully submitted,

BY: RICHARD I. FINE, In Pro Per

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