Ninth Circuit Covers Up Court Corruption With Unpublished Decision

On Richard I Fine Contempt Case

Los Angeles, CA Following the announcement of an “unpublished” decision in a civil contempt of court case, a three Judge panel from the Ninth Circuit Court of Appeals (Reinhardt, Trott, Wardlaw) was described as having “succumbed to the cancer of corruption and the criminals in judicial robes.”

This statement from Richard I Fine is featured in a new 6 minute video news blog that provides audio clips from a telephone interview conducted by Leslie Dutton of the Full Disclosure Network®. Fine, a prominent Anti-Trust Attorney, has been held in solitary “coercive confinement” in the L.A. County Central Men’s jail for almost ten months, since March 4, 2009.

Fine was sentenced indefinitely, without bail, without a hearing date and without a release date by L.A. Superior Court Judge David Yaffe following Fine’s attempt to disqualify the judge from sitting on a case where he had received illegal payments from L. A. County a party to the case, Marina Strand Colony II Homeowners Association v. County of Los Angeles.

Here are other points made by Richard I Fine in the Video News Report:

• The panel has violated hundreds of years of established Judicial Precedent and the Supreme Court Precedent In Re Murchison where it was held that “no man can be a judge in is own case”


• There is a 2007 FRAP 32.1 Rule established by Supreme court ruling and implemented by the Judicial Council that says a court may not prohibit or restrict citation of appellate court rulings.


• “The Ninth Circuit Court has deterioriated to the level of the developing countries that are war torn, that the U.S. has been critical of..."


• Ninth Circuit Court rulings have been overturned more than any other Court in the United States and that is why they have become known as the “Ninth Circus Court”.
  
  
  Related links and Videos:
  
  Read the entire interview transcript here
  
  One pager About the Full Disclosure Network®
  
  Six Minute preview of Court Corruption series
  
  One pager with links to videos in the series.

Is There A Shadow Ninth Circuit?........... Guest Editorial by Richard I Fine

DEPUTY CLERKS ISSUING ORDERS "FOR THE COURT"

Los Angeles, CA Something very unusual has happened in the Writ of Habeas Corpus case of Fine vs Sheriff of L.A. County. Clerks are signing Court Orders “For The Court” instead of Judges.

CLERK DECIDING WHAT COURT WILL CONSIDER

On December 4, 2009 a Deputy Clerk of the Ninth Circuit Court of Appeals denied the “Request for Judicial Notice” that the Court take notice of the fact that the entire Second Appellate District of the California Court of Appeals have recused itself in the second appeal in the case of the L A County payments to L A Superior Court Judges. This appeal seeks to hold the payments made under Senate Bill SBX2 11 unconstitutional. (Sturgeon vs. County of L.A)

ALL L.A. SUPERIOR COURT JUDGES RECUSED

The request should have been automatically granted, as the fact that all the L A Superior Court Judges have recused themselves in the Sturgeon case, was already before the Ninth Circuit through a document submitted by the L A Superior Court.

NINTH CIRCUIT PANEL UNAWARE OF ORDER?

The unusual part of the December 4, 2009 ORDER was that it was made by the Deputy Clerk “FOR THE COURT”. As of December 3, 2009, the identity of the “Panel” of judges deciding the case was publicly known. The panel is: Justices Reinhardt, Trott and Wardlaw. One has to question why their names were not on the ORDER.

WHO IS INTERFERING IN THIS CASE?

The more disturbing question is; “Whether someone else is interfering with the judicial process in this case and issued the ORDER.”

• This second question is grounded in the history of the case. On November 12, 2009, the case was ordered submitted without oral argument by the then “unidentified panel” by order of the clerk “FOR THE COURT”.
  


• On November 24, 2009, the clerk “FOR THE COURT” without reference to the “Panel” denied “Petitioners Emergency Petition for Writ of Mandate to Immediately Enter Writ of Habeas Corpus or issue Order To Show Cause.”
  


• The significance of this action was that such denial violated long established U S Supreme Court precedent that a man could not judge his own actions. (In re Murchison).
  


• The underlying Writ of Habeas Corpus charged that the Magistrate Judge Woehrle and Walter had violated 18 USC Section 2243. The petition for Writ of Mandate showed that they “Judged their own actions” by dismissing the underlying Writ of Habeas Corpus in violation of the Murchison precedent.
  
  

JUDGE PANEL ON CASE ABOVE REPROACH

There is no question that experienced Justices such as Reinhardt, Trott and Wardlaw would never violate long standing U.S. Supreme Court precedent as they are bound to follow it.

These two "CLERK ORDERS" make one ask: "Is there a shadow Ninth Circuit?"

Ninth Circuit Court Dodges Judicial Recusal Issue ...... Ignores Supreme Court Precedent In Richard Fine Case

Los Angeles, CA In an unexpected turn of events, the Ninth Circuit Court of Appeals has posted an Order denying Richard I. Fine’s Emergency Petition for Writ of Mandate to Immediately Order Trial Court (U.S. California Central District) to Enter Writ of Habeas Corpus or Issue Order to Show Cause. This action, posted on the Federal Pacer website, did not have any Judicial signatures or names of Judicial officers who authorized such action.

Full Disclosure Network immediately contacted the Executive Office of the Ninth Circuit Court, requesting verification that the unsigned Order was valid. Here is the explanation we received from David Madden , Assistant Circuit Executive in San Francisco...........

"Once a case has been calendared, all subsequent petitions, motions, etc. go to the appellate panel which has been assigned the case. This case was ordered to be submitted on the briefs, without oral argument on December10, 2009, in Pasadena, California. It has been assigned to a panel of judges and it was the panel that denied the emergency petition brought by Mr. Fine."

"Names of judges sitting on a panel are not revealed until 10 days prior to the case being heard or submitted on the briefs. Should a panel need to issue an order in a case more than 10 days prior to a hearing/submission,the order is issued "for the court" by the clerk of court or designee. This process is followed fairly often"

From his L. A. County Central Men’s jail cell, where he has been held for almost nine months in solitary “Coercive Confinement” for civil contempt of Court, Richard I Fine gave Full Disclosure his reaction to this development.........

“This action of a panel is unheard of. It violates due process because it is allowing Magistrate Judge Carla Woehrle and Judge John F. Walter to judge their own actions of denying the Writ of Habeas Corpus. This is a direct violation of the United States Supreme Court case of In re Murchison and hundreds of years of common law which hold that no man can judge his own actions. The Ninth Circuit is bound to follow the Supreme Court, they do not have a choice in the matter."

VIOLATES LAW REGARDING FIVE-DAY LAW ON COERCIVE CONFINEMENT
He went on to say "It also violates California law as set forth in the case of In re Farr. This case prohibits holding a person for more than five days in “coercive confinement” for contempt of court if there is no substantial likelihood that the contempt order would serve it’s coercive purpose"... and

IGNORES SUPREME COURT PRECEDENT

"It further shows that the Ninth Circuit may be biased against me in this case, as it is willing to violate the law and Supreme Court decisions to protect wrong doing judges. It is this type of action which supports the necessity of the House of Representatives Judiciary Committee’s hearings on Judicial Recusals."

CONGRESSIONAL HEARINGS ON JUDICIAL RECUSALS NEEDED
Fine concluded saying, "We definitely need new laws to stop this type of illegal conduct by Magistrate Judge Woehrle, Judge Walter and the Ninth Circuit as they refuse to follow clear Supreme Court Precedent ."

RELATED LINKS TO VIDEOS AND RELEASES ON THIS CASE

Two US Judges Refuse to Recuse From Case Naming Them As Defendants: (Video 9 min)

Los Angeles, CA The Full Disclosure Network® presents a short video news blog report on what has been described by the volunteer legal team helping Richard I. Fine as a “bombshell cover-up” by two Federal Judges, Magistrate Judge Carla Woehrle and Judge John F. Walter denied Fine's Petition for Writ of Habeas Corpus (Case 09-cv-7943) where they themselves were named as defendants.

The case of jailed Anti-Trust Attorney Richard I. Fine a prominent attorney who holds a PhD in International law has generated a protracted legal battle playing out in the U.S. Central District Court of California and the Ninth Circuit Court of Appeals all the while Fine has been held in solitary coercive confinement in the L.A. County Central Men’s jail since March 4, 2009.

Fine was sentenced for an indefinite period of time, without bail, hearing date or release date, for civil contempt of court after he attempted to disqualify Superior Court Judge David Yaffe on the grounds that he had taken illegal payments from a party to the case.

In his new Petition for Writ of Habeas Corpus filed in the U.S. District Court Mr. Fine cites on page 12 that the 5 day limit to hold him for “coercive incarceration” as having been violated by the L. A. Superior Court and the L A County Sheriff.

Also on page 12 the petition cites that 28 USC Section 2243 as having been violated by Magistrate Judge Carla Woehrle and Judge John F, Walter. Magistrate Judge signed an order to strike the filing of the Writ, even though she was named as a defendant and Judge Walter signed both a judgment and denial even though he was named as a defendant.

Fine also filed an emergency writ of mandate in the Ninth Circuit Court of appeal to order the District Court to issue the writ.

Appearing in the video are:

• Mardi Mason, (By Telephone) Former Richard Fine law office manager and Para-Legal
• Fred Sottile, Volunteer for Richard Fine
• Leslie Dutton, Moderator, Full Disclosure Network
  
  
  Other Related Documents:
• Letter To Panel Justices Re: Judicial Recusal Hearings to be held in Congress
• Request for Judicial Notice: Recusal by all judges of CA 2nd District Appeals Ct.
• Docket of case 09-cv-7943 sequence of dates posting various orders,
• Referral of Recusal Motion to U S Judge George King