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07 July 2014

Woodruff O'Hair Posner & Salinger Inc Criminal Conduct by Partner Paula D. Salinger Alleged and Documented in Leaked Court Records - All Firm Partners Hold Office of Temporary Judge

Whistleblower leaked records from a Sacramento Family Court case indicate that criminal acts were committed by family law attorney and temporary judge Paula Salinger against an indigent, unrepresented, pro per family court party. The pro per was a victim and witness in a family court criminal contempt case filed against a Salinger client, and the pro per also is a domestic violence victim, according to court records. Family court reform advocates say the case is another example of the complete lack of oversight and accountability of attorneys who engage in egregious misconduct against disadvantaged, pro per litigants who can't afford legal representation.

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As Sacramento Family Court News previously reported, Salinger has been caught in several scandals including filing counterfeit documents in court, violating state laws and court rules, illegally attempting to obtain a final divorce judgment while an appeal in the same case was pending, and obtaining a questionable waiver of the requirements to become a temporary judge. Salinger also obtained from controversial Judge

Obstruction of Justice Crimes Alleged Against Judge Pro Tem Attorney Paula Salinger, Sacramento Bar Association Family Law Executive Committee Officer

Allegations that judge pro tem lawyer Paula Salinger committed obstruction of justice crimes against an indigent, unrepresented pro per have gone viral throughout family court reform social media.

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Matthew Gary an illegal order for more than $10,000 in attorney fee sanctions against the same contempt and domestic violence victim. To benefit Salinger, Gary also illegally attempted to use fee waiver law to obstruct an appeal of several orders he issued for Salinger in the same case. Salinger's firm, Woodruff, O'Hair, Posner & Salinger Inc., previously was sued for legal malpractice in a case alleging more than $1 million in damages.

The new, criminal allegations first surfaced last month on social media, including Facebook and Twitter, where several posts linked to supporting documents posted at Docstoc and Calameo. Due to the serious nature of the claims, SFCN did not report on the assertions pending authentication of the records. SFCN has now verified the accuracy of the documents and posted the complete set at our Scribd account. The Scribd document set is embedded below.

The records indicate that Paula Salinger, a Sacramento County Superior Court sworn temporary judge and officer of the Sacramento Bar Association Family Law Executive Committee violated California Penal Code sections prohibiting witness intimidation and deceit of a witness. Under California law, both offenses are designated as obstruction of justice crimes. The circumstances also reveal new collusion between Salinger and Judge Matthew Gary.

As reflected by page one of the document set, at an unrelated court hearing held three weeks before the date calendared for the contempt case, in open court Gary disclosed to Salinger that he would deny the contempt claims, even though Salinger had yet to file a response to the contempt pleading. Gary’s prejudgment of the contempt matter was a clear violation of the California Code of Judicial Ethics, the state laws governing judge conduct.

The state Commission on Judicial Performance has publicly disciplined several judges for “acting in a way that manifested prejudgment…A trial judge should not prejudge the issues but should keep an open mind until all the evidence is presented to him.” In one CJP judicial discipline case, Judge Bruce Van Voorhis was disciplined for creating "the appearance of prejudgment in your discussion of the case in open court by improperly predicting the outcome of the case," according to CJP records. Click here for a compilation of CJP disciplinary decisions about prejudgment.

Salinger then used the judge's unlawful disclosure in a threatening letter to the unrepresented opposing party:

"As the court indicated at the hearing on October 27, 2010, your Order to Show Case (sic) Re: Contempt does not contain sufficient factual basis to sustain the contempt. At the hearing on November 17, 2010, I intend to request the court dismiss the matter and order sanctions pursuant to Family Code section 271 for proceeding with the contempt...Should you provide written proof (a copy of a confirming letter to the court) by Monday, November 1, 2010 at 5:00 p.m. that the above matters have been dropped, I shall withdraw my requests for sanctions pursuant to FC § 271," Salinger wrote in a letter to the contempt victim and witness. Page one of the document set below is an authenticated copy of the threatening letter.

The alleged criminal acts were committed after the indigent, unrepresented pro per filed a criminal contempt of court allegation against a Salinger client. The contempt filing charged several violations of the Standard Family Law Restraining Orders, which are issued in all divorce proceedings. SFLRO's are automatically ordered against both parties when a dissolution of marriage is initiated in family court.

As page one of the document set reflects, Salinger illegally threatened the victim and witness with financial harm in the form of attorney fee sanctions if they did not drop the criminal contempt case. As page three and four reflect, Salinger concurrently filed an illegal responsive declaration in the contempt case with a demand for $1,000 in attorney fee sanctions against the contempt victim and witness.

As the page two legal reference reflects, under California law the response to a contempt allegation may only be used to answer the contempt charge, or move to discharge the contempt on appropriate grounds. Requesting "affirmative relief," including attorney fee sanctions, in response to a contempt allegation is prohibited by law. As page five of the document set shows, Salinger's threat coerced the victim and witness to drop the contempt matter.

Obstruction of Justice

State Bar Chief Trial Counsel Jayne Kim has been criticizedfor not enforcing state attorney ethics laws against lawyers

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As reflected by pages 6-16 of the document set below, Penal Code §133 makes it a crime to use fraud or deceit to affect the testimony of a victim or witness. Penal Code §§136.1(a) & (b) make it a crime to maliciously prevent or discourage a witness or victim from giving testimony at a judicial proceeding. Salinger has not been charged with either crime, disciplined by the State Bar, Supreme Court or Judicial Council, or otherwise held accountable for the misconduct. Pro per advocates call the absence of accountability more proof that attorneys are effectively immune from punishment for egregious misconduct against unrepresented pro pers who can't afford a lawyer, and make up 70 percent of family court litigants.

Civil law statutes, including wrongful use of civil proceedings, and abuse of process may also apply to Salinger's lawbreaking acts. In addition, an attorney who intentionally deceives a party to a court case is subject to misdemeanor criminal prosecution under Business and Professions Code § 6128. SFCN is completing an in-depth investigative report on the criminal contempt incident and other troubling proceedings and documents from the same case. Our report will be published in the near future.

Family court reform advocates say the latest revelations are additional proof that the court operates effectively as a racketeering enterprise that deprives the public of the federally protected right to honest government services. Court watchdogs assert and have documented that judge pro tem attorneys receive kickbacks in the form of rubber-stamped orders and other preferential treatment from family court judges and employees. The divorce lawyers who also hold the Office of Temporary Judge operate the family court settlement conference program in exchange for the kickbacks and emoluments, watchdogs charge. California Penal Code § 94 makes receipt of an emolument by a judicial officer a crime, and several federal criminal statutes prohibit similar conduct. The 2014 documentary film Divorce Corp designates Sacramento Family Court as the most corrupt in the United States. For our complete coverage of the movie, click here.

Click to visit Sacramento Family Court News on: Facebook, YouTube, Google+, Scribd, Vimeo, and Twitter. For additional reporting on the people and issues in this post, click the corresponding labels below the document set:

Paula Salinger - Witness Intimidation-Influence Witness by Fraud-Obstruction of Justice - Divorce Attorney... by Sacramento Family Court News

Witness Tampering Law

An attorney who intentionally deceives a judge or any party is guilty of a misdemeanor crime under California law. Family court reform advocates assert that many family court lawyers routinely and deliberately engage in deceptive tactics, and that the law goes unenforced

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PR Brown 5 months ago - Shared publicly

Criminal Conduct by Woodruff, O'Hair, Posner & Salinger Inc Partner Paula D. Salinger Alleged and Documented in Leaked Court Records - All WOPLAW Partners Hold Office of Temporary JudgeObstruction of Justice Crimes Alleged Against Judge Pro Tem Attorney Paula Salinger, Sacramento Bar Association Family Law Executive Committee Officer ATTORNEY PAULA

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sparkle Jones shared this via Google+ 4 months ago - Shared publicly

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Karen Rose 4 months ago (edited) - Shared publicly

If You Need A San Jose Criminal Defense Lawyer visit http://www.edwardajlouny.com

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MATTHEW J. GARY, NEWS, PAULA SALINGER, SCBA, WOODRUFF O'HAIR POSNER and SALINGER

Location: William Ridgeway Family Relations Courthouse 3341 Power Inn Road, Sacramento, CA 95826, USA - Sacramento

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SHOW ME MORE LIKE PAULA SALINGER - WITNESS INTIMIDATION-INFLUENCE

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26 March 2014

Hon. Matthew J. Gary Misconduct: Susan Ferris Case and Appeal Front Page News at Sacramento Bee

The Sacramento Bee today published a front page story about the pending appeal in the Sacramento Family Court Susan Ferris case. Sacramento Family Court News has been covering the case for more than a year and has published several articles, including an exclusive video interview with Susan Ferris. Ferris is represented on appeal by a team of lawyers led by prominent San Francisco attorney James Brosnahan of the international law firm Morrison & Foerster.

"This is at the point where a lot of us think it's a disgrace," Brosnahan said. "You can't take someone's child and that person doesn't have an attorney when you do it...It's an outrage," Brosnahan explained to Sacramento Bee reporter Brad Branan.

Click here to read the full article at the Bee. For a list of SFCN articles about the case, including our exclusive Susan Ferris interview, click here.

Click to visit Sacramento Family Court News on: Facebook, YouTube, Google+, Scribd, Vimeo, and Twitter. For additional reporting on the people and issues in this post, click the corresponding labels below the graphic:

Judge Matthew Gary Abuse of Disabled, Unrepresented Mom Results in Landmark Appeal to Establish Constitutional Right to Counsel in Civil Cases

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Hon. Matthew J. Gary Misconduct: Susan Ferris Case and Appeal Front Page News at Sacramento BeeJudge Matthew Gary Abuse of Unrepresented Mom Results in Landmark Appeal to Establish Constitutional Right to Counsel in Civil Cases The Sacramento Bee today published a front page story about the Sacramento Family Court Susan Ferris case . Click here to ...

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Labels: APPEALS, FERRIS CASE, JAMES BROSNAHAN, JAMES M. MIZE, JUDICIAL MISCONDUCT, MATTHEW J. GARY, NO

CONTACT ORDERS, ROBERT HIGHT, SACRAMENTO BEE, SCOTT BUCHANAN, TIMOTHY ZEFF

Location: Sacramento Family Law Court 3341 Power Inn Road, Sacramento, CA 95826, USA

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19 June 2013

Judge Matthew J. Gary Misconduct: Victim of Illegal Order Issued for Divorce Attorney Timothy Zeff Homeless But Surviving

SACRAMENTO FAMILY COURT NEWS SPECIAL REPORT

The disturbing aftermath of an unconscionable $920 child support order issued by Judge Matthew J. Gary shows one of the ramifications, and the inexorable human cost of what court watchdogs contend is unchecked family court corruption and cronyism. The April, 2012 order gutted the monthly disability income of unrepresented, financially disadvantaged family court litigant Susan Ferris from $1,256 to $336. Gary previously issued an equally unlawful order prohibiting the 52-year-old single parent from having any contact with her daughter, Megan.

Judge Matthew Gary Order for Partner of Judge Pro Tem Attorney Scott Buchanan Results in Homelessness for Disabled Mom

Larscheid, Buchanan & Zeff family law attorney Timothy Zeff requested and was granted an unlawful $920 child support order by Judge Matthew J. Gary. Zeff's partner, Scott Buchanan, is a family court judge pro tem. The order financially devastated 52-year-old disabled,

single parent Susan Ferris. Evicted from her Sacramento home and now homeless, she sleeps on the couch of a Bay Area friend.

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The April support order financially devastated Ferris, leaving her with far less income than she needed for food, utilities, and rent. After several months under the order and behind on her rent, Ferris was evicted from her East Sacramento home and became homeless. The same court order records that her ex-husband, David Ferris, earns $8,089 per month. Click here to view Gary's minute order, obtained and posted online exclusively by Sacramento Family Court News. As a result of the order, Susan Ferris' credit has been thrashed, the repo man came for her car, and the eviction will now be part of her renter's report, making it virtually impossible for her to rent a home in the future.

To continue reading, click Read more>> below:

Like orders issued by the same judge in other cases, both minute orders contain no facts or law justifying the draconian rulings, making them patently illegal under state law. The comparison to orders in other cases reveals a consistent pattern that infers a calculated and deliberate intent to conceal from review the judge's misuse of Family Code statutes for the prohibited purpose of punishing unrepresented parties. Gary, a fervent right-wing ideologue, also detests what he reportedly calls the "entitlement mentality" of family court parties who obtain fee waiver orders or are on public assistance, according to a court employee. The template-like repetition of the judge's bad faith tactics and overt socioeconomic bias also evinces an abdication of oversight responsibilities by Court Executive Officer Chris Volkers, superior court Presiding Judge Laurie Earl, and family court Supervising Judge James Mize.

Gary issued the $920 child support order against Susan Ferris at the request of veteran family law attorney Timothy Zeff of the Sacramento family law firm Larscheid, Buchanan & Zeff. Zeff's partner is attorney and family court judge pro tem J. Scott Buchanan. At a subsequent hearing three weeks later, Zeff requested and Gary issued an additional illegal order directing Susan Ferris to pay $2,500 to her ex-husband for Zeff's attorney fees. Click here to view the May attorney fees order, which also is barren of any facts or law justifying the ruling.

The order also is unlawful because it does not record consideration by the judge of the comparative wealth of the parties as required by Family Code §271, the statute Gary used for the order. Click here to view the law applicable to the comparative wealth assessment requirement. Gary has a documented history of issuing unlawful, appeal-proof orders in cases where one party is represented by a judge pro tem family law attorney and the other party is unrepresented and indigent or otherwise financially disadvantaged.

Family law attorney Timothy Zeff obtained a child support order for his client, David Ferris, who makes $8,089 per month. The order made his disabled ex-wife, Susan Ferris, homeless. In this exclusive SFCN photo, Susan sleeps with her Yellow Lab "Buddy" on the couch of a

Bay Area friend. Family law attorney J. Scott Buchanan, Zeff's partner, holds the Office of Temporary Judge in Sacramento Superior Court.

Serial Misuse of Family Code §271 Sanctions Against

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Sacramento Family Court News audits of other family court case files show that Judge Matthew Gary routinely issues severe, disproportionate Family Code §271 attorney fee sanction orders against unrepresented, financially disadvantaged litigants. The statute requires a judge to compare the income, assets and liabilities of both parties before making a sanction ruling. The law is impossible to misconstrue:

"In making an award pursuant to this section, the court shall take into consideration all evidence concerning the parties' incomes, assets, and liabilities." reads Family Code §271.

Court reporter transcripts, minute orders and other records indicate that Gary - a former family law attorney - does not consider the income, assets and liabilities of both parties, and in cases where only one party has an attorney consistently omits the mandatory comparative wealth assessment required by the law. The draconian sanction orders are unlawful but nonetheless effective against pro per parties with little knowledge of family law, much less knowledge of the appellate law and procedure required to contest the order.

In one example cataloged by court watchdogs and memorialized by a court reporter's transcript, when directly asked if he had considered the comparative wealth of the parties before assessing more than $10,759 in attorney fee sanctions against an indigent, self-represented party, Gary conceded he had not, and appeared to express, or feign ignorance of the law. The transcript records the judge repeatedly using a verbal diversion to the payment terms of the sanction, a separate component of the sanction law unrelated to the comparative wealth consideration. To view the transcript excerpt, click here. To view the complete transcript, click here.

The separate and distinct comparative wealth assessment is required specifically to prevent the misuse of Family Code §271 sanctions to discourage an economically weaker party from asserting their rights, according to both state law and the family law legal reference used by judges and attorneys, California Practice Guide: Family Law, published by The Rutter Group. To view view the Practice Guide reference, click here. To view comparative wealth decisional law references, click here.

Family Code §271(c) provides that:

"An award of attorney's fees and costs as a sanction pursuant to this section is payable only from the property or income of the party against whom the sanction is imposed, except that the award may be against the sanctioned party's share of community property."

In addition to ignoring the comparative wealth legal requirement, Gary also ignores this mandatory component of the law. Knowing an indigent litigant without assets or income will be unable to make a monthly sanction payment, the judge orders the litigant to do so, ensuring default when the first payment comes due. When the payment is missed, after 10-days the entire balance is due, as shown in the order above. Click here to view the complete order.

Indigent, Unrepresented Litigants

Judge pro tem attorney Paula Salinger requested and was granted this unprecedented sanctions order by Judge Matthew J. Gary against an indigent, unrepresented litigant. Gary recorded no facts, law or evidence in support of the order, making it virtually appeal-proof.

Sanction Payment Terms That Ensure Default

Knowing the litigant would default on the first payment, Judge Matthew Gary ordered an indigent party without assets or income of any kind to make sanction payments of $25 per month on a balance of $10,759. If the payments were made, it would take 35 years to pay off the debt. For the benefit of judge pro tem divorce attorney Paula Salinger, the judge sua sponte - on his own - also made the payment

terms subject to "adjustment at trial."

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And like the minute orders in the Ferris case, the facts and law justifying the unprecedented $10,759 attorney fee sanction are omitted from Gary's minute order. Published by the Judicial Council, the California Judges Benchguide Courtroom Control: Contempt and Sanctions instructs judges who issue Family Code §271 sanctions

"[t]o issue a written order and to avoid stating conclusions in the words of the statute. Give a factual recital, with reasonable specificity, of the circumstances leading to the order. If desired, incorporate by reference portions of a party's papers that adequately set forth the conduct, circumstances and legal arguments providing the bases for the court's conclusions." Click here to view this section of the Benchguide.

The Benchguide directions mirror California Rules of Court rule 2.30 - sanctions for rules violations in civil cases - and the elementary principle of law that "An order imposing sanctions must be in writing and must recite in detail the conduct or circumstances justifying the order." Click here. Without any factual recital, portions of the party's papers, or references to the conduct and circumstances justifying the ruling, Gary ordered the unrepresented, indigent litigant to pay a $10,759 sanction for the attorney fees of judge pro tem family law attorney Paula Salinger.

Salinger is an officer of the Sacramento County Bar Association Family Law Section and partner at the controversial family law firm Woodruff, O'Hair, Posner and Salinger. To view the astonishing, complete hearing transcript - which SFCN will report on in an upcoming article - click here. Original, court case file records from this and other cases indicate that Gary routinely uses unlawful sanction orders for the explicitly prohibited purpose of discouraging economically weaker parties from asserting their rights, and to send the message that returning to court will result in still more financial punishment.

In addition, to prevent the one-sided, unfair outcomes previously common in family court cases with socioeconomic imbalances between the parties, the Legislature has explicitly mandated equalizing wealth disparities in a variety of family court proceedings. For example, in the context of providing financially disadvantaged parties with attorney representation, to ensure parity between the parties attorney fee awards must be "just and reasonable," and take into account the "relative circumstances" of each spouse. Click here to view more than 40 court of appeal decisions emphasizing this critical, long-established principle of family law.

Gary also has perfected the use of "appeal-proof" orders, which make appeals attempted by indigent, self-represented litigants futile, according to court reform advocates. Court watchdogs have collected minute orders authored by Gary in cases where one party is unrepresented and financially disadvantaged, and compared them with the orders of other judges. The orders issued by Gary consistently show that the judge does not memorialize the facts, law and evidence supporting the ruling(s) issued, which virtually always are against the pro per. Appellate courts have emphasized that a basic, fundamental duty of a trial court judge is to protect the appeal rights of all litigants by making and filing in the trial court record findings on all material issues.

"Under our system it is mandatory that the superior court make and file its finding of the ultimate fact on each material issue created by the pleadings," Herman v. Glasscock. Click here.

"It is elementary that a failure to find on all material issues raised by the pleadings is ground for reversal." Kaiser v. Mansfield. Click here.

By comparison, this order from a different judge in a Sacramento Family Court case also involving modification of a child support order contains seven pages of the facts, evidence and law which the judge relied on in making the order. Click here to view the order. And this order from another judge involving modification of custody/parenting time contains 16 pages of facts, evidence and law in support of the order. To view the order, click here. Gary uses the family law legal reference work California Practice Guide: Family Law to provide monthly "Bench Tips" for family law attorneys in the Sacramento County Bar Association Family Law Section newsletter, The Family Law Counselor.

Gary's own preferred legal reference source makes clear that in child support modification proceedings the order issued by the judge must include a statement of information or reasons. Click here for the Practice Guide

Concealment of Errors and Misconduct Using Appeal-Proof Orders

To avoid being reversed on appeal, unethical judges will leave out of an order the facts, law and evidence on which an order is based, according to California Practice Guide: Civil Appeals and Writs, published by The Rutter Group.

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reference. "Such findings not only will enable the parties to appreciate the basis for the child support order, they will facilitate judicial review in any future appeal..." according to In re Marriage of Hubner, one of the decisional law references cited by the Practice Guide. Click here to view the Hubner case.

Although Gary has an legal and ethical obligation to preserve the appeal rights of all litigants, including the poor, under the doctrine of implied findings any appeal taken from an order authored by the judge is all but futile. Where a trial court order is barren of facts supporting the order, the doctrine requires a reviewing court to infer that the trial court judge made all factual findings necessary to support the order. A related legal principle, the presumption of correctness, requires an appellate court to "indulge all presumptions supporting the judgment or order" when the order issued by a trial court judge omits the facts, law and evidence on which the ruling is based.

Unethical judges who issue rulings they know could be reversed on appeal will "cloak" the rulings in the presumption of correctness by leaving an incomplete record for review, according to the legal reference used by judges and attorneys for appellate court procedure, California Practice Guide: Civil Appeals and Writs, published by The Rutter Group. The orders issued by Gary also violate the Trial Court Performance Standards specified in the California Rules of Court Standards of Judicial Administration, including the following provisions of Standard 10.17:

(3)(A) Trial court procedures faithfully adhere to relevant laws, procedural rules, and established policies...

(3)(D) Decisions of the trial court unambiguously address the issues presented to it and make clear how compliance can be achieved...

(3)(F) Records of all relevant court decisions and actions are accurate and properly preserved.

Click here to view these portions of Standard 10.17.

An example of an attempted appeal of a ruling which Judge Matthew Gary cloaked in the presumption of correctness is this unpublished 3rd District Court of Appeal decision. The reviewing court noted that the facts, law and evidence recited in the written trial court order issued by Gary consisted entirely of "insufficient facts/res judicata." The court of appeal mechanically invoked presumption of correctness and implied findings principles, writing "we must conclusively presume evidence was presented that is sufficient to support the court's findings," and upheld Gary's ruling. Click here to view the court of appeal decision. Click here to view appellate court docket information verifying Matthew Gary as the trial court judge.

Witnesses who attended the April and May 2012 Susan Ferris hearings said that Judge Matthew Gary became embroiled and appeared to issue the child support and attorney fee sanction orders to vindictively punish Susan Ferris for asserting her rights in prior proceedings - including an unsuccessful attempt to disqualify the judge - and for associating with a group of court reform advocates, including Robert Saunders, who also act as court watchers for the indigent and disabled.

Gary reportedly has been livid at Saunders - also indigent, unrepresented and disabled - since Saunders successfully had the judge removed from his own case by a neutral, outside judge from San Joaquin County in 2010. Click here for our exclusive coverage of Gary's disqualification by Saunders.

Gary and his long time court clerk Christina Arcuri allegedly are right-wing ideologues who despise what they refer to as the "entitlement mentality" of indigent, family court litigants who obtain fee waiver orders, and disabled litigants on public assistance, according to a family court employee whistleblower who provided the information on the condition of

anonymity because they could be subject to retaliation for the disclosure. To view a description of retaliation against a previous Sacramento County Superior Court employee whistleblower, click here.

Court records indicate that both Gary and Arcuri convey socioeconomic bias in performing their employment-related functions and duties. Bias based on socioeconomic status is explicitly prohibited by four separate sections of the California Code of Judicial Ethics [pdf]. Canon 3B(5) requires judges to perform all judicial duties without bias or prejudice, including bias or prejudice based on socioeconomic status. Judges must require staff and court

"Entitlement Mentality" of Disabled and Indigent

Judge Matthew Gary favors "judicial restraint"and admires U.S. Supreme Court Justice Antonin Scalia,

according to an interview in Sacramento Lawyer magazine.

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personnel to do the same under Canon 3C(2). A judge must also perform administrative duties - which includes the ministerial duty of accurately drafting and filing court orders - without bias or prejudice based on socioeconomic status, according to Canon 3C(5).

Judge Matthew J. Gary is paid $169,289 per year, and was appointed to the bench by Gov. Arnold Schwarzenegger in 2007. Schwarzenegger was named in the 2010 Worst Governors Report by the government watchdog group Citizens for Responsibility and Ethics in Washington. Among other charges, Schwarzenegger was faulted for providing "state jobs to friends with dubious qualifications." Click here. In a 2007 interview with Sacramento Lawyer magazine, Gary characterized his legal philosophy as "favoring judicial restraint," and said he admired U.S. Supreme Court Justice Antonin Scalia.

Judge Gary was found guilty in 2010 by San Joaquin County Superior Court Judge Xapuri B. Villapudua of not following proper contempt procedures when he had a disabled litigant arrested and forcibly removed from his courtroom. As SFCN reported in 2011, Gary's wife, Donna Gary provides law firm administrative services and sells a client management software program to family law attorneys. Click here for our exclusive report. In 2011 a controversial ruling issued by Gary was reversed in full by the 3rd District

Court of Appeal. In 2012 Gary was involuntarily demoted from his position as the supervising family court judge. Gary is a graduate of El Camino High School in Sacramento and previously worked at his father’s law firm, Gary, Till & Burlingham. His father, Richard Gary, is a family law attorney. Links on the firm's resources page include the Christian Legal Society and the Christian Counseling & Educational Foundation.

Court watchdogs and whistleblowers point out that the flagrant lawlessness of Judge Matthew Gary's series of orders in the Ferris case, and conduct in other cases is additional evidence that accountability and oversight by court administrators, including Court Executive Officer Christina Volkers, Presiding Judge Laurie Earl, and family court Supervising Judge James Mize is nonexistent in Sacramento County Superior Court. Sacramento Family Court News has reported on multiple instances of misconduct by family court judges and clerks and employees, egregious violations of conflict of interest laws and the preferential treatment of attorneys who also act as temporary judges in family court.

Court administrators and oversight officials have repeatedly declined to provide information about what corrective measures, if any, have been initiated to address the problems. As state court judges, Mize and Earl are required by state law to take appropriate corrective action when another judge violates state law, court rules, and the state Code of Judicial Ethics. The obligation is a critical self-policing component of judicial ethics standards and ensures that the rule of law is maintained. To view a Judicial Council directive about the duty to take corrective action, and the types of corrective action required, click here. In addition, Judge Gary's unlawful conduct has been witnessed by several court employees, including clerk Christina Arcuri, and bailiff J. Strong. As government employees, each has a legal and ethical duty to report the misconduct.

2014 UPDATE: Judge Matthew Gary's outrageous treatment of Susan Ferris resulted in a team of attorneys - led by prominent San Francisco trial attorney James Brosnahan of Morrison & Foerster - taking over her case after she filed an appeal in the 3rd District Appellate Court. The Sacramento Bee published a front page story about the appeal on March 26, 2014:

"This is at the point where a lot of us think it's a disgrace," Brosnahan said. "You can't take someone's child and that person doesn't have an attorney when you do...It's an outrage," Brosnahan explained to Sacramento Bee reporter Brad Branan.

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29 April 2013

Judge Matthew Gary Misconduct: Leaked Court Reporter Transcript Records Flagrant State Law Violations at Unlawful Fee Waiver Hearing

Monday Document Dump

Unilaterally overriding state law, constructing his own ad hoc interpretation of legislative intent, and legislating from the bench, Judge Matthew Gary denies a fee waiver request by an indigent, unrepresented litigant in this startling court reporter transcript. The fee waiver request was for trial court appellate costs for an appeal of several orders issued by the judge. The pro per had an existing fee waiver which by law automatically applied to the trial court appeal costs, making the hearing ordered by the judge patently unlawful. To view the order Gary issued after the hearing, click here. The opposing party is represented by divorce attorney Paula Salinger, partner at the prominent Sacramento family law firm Woodruff, O'Hair, Posner & Salinger Inc., sworn Sacramento County Superior Court temporary judge, and current officer of the Sacramento County Bar Association Family Law Executive Committee or FLEC. Days after the hearing, Gary issued a second order reversing himself and granting the fee waiver request, but at the same time embedding in the order a sham finding designed to help Salinger and her client at a pending trial in the case.

To continue reading, and to view the court reporter transcript click Read more >> below... The second order mischaracterized the facts and testimony recorded in the hearing transcript, and included false statements intended to create a misleading record to enable Salinger to use the order at a pending trial to avoid a potential spousal support obligation of her client.

"[T]he court does not find [respondent's] assertion of poverty credible and that, even if he were, the state of 'poverty' is self induced & is a deliberate effort on his part to manipulate this ongoing dissolution case," the judge wrote in his revised order. Click here to view the order.

Under judicial ethics rules, Gary's written statement indicates that he was not acting as an impartial judge, according to the Commission on Judicial Performance, the state agency responsible for oversight and accountability of California judges. Gary also is caught on the transcript probing the pro per about the pending trial and spousal support issue, subjects with no logical connection to the fee waiver hearing. Click here to view this portion of the transcript. As the transcript records, the judge manipulated the hearing through intentional misstatements and omissions of material fact to achieve his desired result - fabricating false findings to help the judge pro tem attorney at trial - also a judicial ethics violation, according to the CJP. In essence, Gary used the illegal fee waiver hearing for an unrelated and improper purpose: to influence and reduce or eliminate the potential spousal support liability of Salinger's client at a subsequent trial before a different judge. The formal finding is calculated to enable the attorney to argue that her client should not have to pay support because - according to a finding by the judge assigned to pre-trial proceedings in the case - the unrepresented spouse's lack of income is "self-induced."

As the transcript records, Gary abandoned the role of judge and assumed the role of advocate for the opposing

Judge Matthew Gary Orders Illegal Fee Waiver Hearing to Obstruct Appeal of Own Orders, Help Judge Pro Tem Lawyer

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Posted by PR Brown at 9:28 AM

Labels: ANALYSIS, APPEALS, CHRISTINA ARCURI, COLOR OF LAW SERIES, DOCUMENTS, EMPLOYEE MISCONDUCT, FEE WAIVERS,

J. STRONG, JUDICIAL MISCONDUCT, MATTHEW J. GARY, PAULA SALINGER, SOCIOECONOMIC BIAS

Location: Ridgeway Family Relations Courthouse - 3341 Power Inn Road, Sacramento, CA 95826, USA - Sacramento Family

Court

attorney. Acting as an advocate for a party or attorney is expressly prohibited by the Code of Judicial Ethics and multiple judge disciplinary decisions by the Commission on Judicial Performance. Click here to view CJP decisions. Revealing additional bias and prejudgment, the judge speculatively accused the unrepresented litigant of "voluntarily" becoming unemployed a year before his wife filed for divorce so that he would be eligible for spousal support. Click here and here to view these excerpts from the court reporter transcript. A fervent right-wing ideologue, Gary reportedly detests what he calls the "entitlement mentality" of family court pro pers who obtain fee waiver orders or are on public assistance, according to a court employee. A trial court judge who obstructs an appeal, or retaliates against an attorney or litigant for taking an appeal is subject to discipline by the CJP for violating the Code of Judicial Ethics. Click here to view a compilation of CJP disciplinary decisions. Judges also have been disciplined for manipulating a hearing to achieve a desired result, click here, and for creating a misleading record, click here. Despite documented, serial violations of the Code of Judicial Ethics, Gary has never been publicly disciplined by the CJP. The judge's unlawful conduct in connection with the fee waiver hearing was witnessed by several court employees, including clerk Christina Arcuri, and bailiff J. Strong. As government employees, each had a legal and ethical duty to report the misconduct. Neither, apparently, did.

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Judge Matthew Gary Leaked Court Reporter Transcript Records Flagrant State Law Violations at Unlawful Fee Waiver HearingJudge Matthew Gary Orders Illegal Fee Waiver Hearing to Obstruct Appeal of Own Orders, Help Judge Pro Tem Monday Document Dump Unilaterally overriding state law, constructing his own ad hoc interpretation of legislative intent, and legislating from the

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Sacramento County Bar Association Family Law Section Watchdog & Whistleblower News via Google+ 11 months ago (edited) - Shared publicly

Divorce lawyer Paula Salinger collusion with Judge Matthew Gary is evident in this leaked

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26 April 2013

Sacramento Family Court Administrators Chris Volkers, Julie Setzer and Clerk Christina Arcuri Violate State Law, Court Rules In Fee Waiver Errors

A Sacramento Family Court News audit of family court cases reveals that court clerks are issuing incomplete, defective fee waiver orders which contain substantive errors rendering the orders useless. Under California law, indigent and low income litigants are entitled to a waiver of court filing fees. Certain family court filings - including

Defective Fee Waiver Orders Show Family Court Clerks Violate State Laws, Block Court Access of Indigent Litigants

Supervision, Oversight & Accountability Absent

This fee waiver order filed by Department 121 courtroom clerk Christina Arcuri and stamped with the signature of Judge Matthew J. Gary is useless. Incomplete, defective orders like this are refused by courthouse public counter filing clerks and the Sacramento County

Sheriff's Department Civil Division. Click here to view the full-size order. Click here to view the specific defects in the order. Click here to view a complete, valid fee waiver order issued to the same person by a clerk at the Carol Miller Justice Center courthouse in Sacramento.

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domestic violence and contempt actions - require proof of personal service and the fee waiver also entitles poor litigants to have papers served by the Sacramento County Sheriff's Department Civil Division. The fee waiver procedure is specified by California Rules of Court rules 3.50 - 3.58 and the process is standardized throughout the state. But a comparison of orders issued in other courts with those issued by Sacramento Family Court clerks shows the family court orders consistently are not in compliance with state law. Family court clerks issue incomplete orders that often result in a Catch-22 situation: When a litigant later attempts to use the defective fee waiver order to file documents the order is refused by public counter filing clerks for being incomplete. The orders also are rejected as defective when a litigant attempts to have documents served by the Sheriff's Civil Division. In addition, in all of the cases reviewed by SFCN, the orders also omitted mandatory Judicial Council form FW-010 - an entire page of the order required by state court rule 3.52(4).

To continue reading, click Read More >> below...

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This fee waiver order issued to the same person by Deputy Clerk D. Turner at the Carol Miller Justice Center in Sacramento complies with state law governing fee waiver procedure. Click here to view the order in a new browser window. The family court fee waiver order issued by Christina Arcuri - courtroom clerk for Judge Matthew J. Gary - is not only incomplete and missing the mandatory Judicial Council FW-010 form, it also is filled out by Arcuri using the wrong Judicial Council form. As the accurate, Carol Miller Justice Center fee waiver order reflects, the correct form is FW-003. Arcuri used the form for issuance of a fee waiver after a court hearing, FW-008. The litigant listed in the defective order - who is disabled and on public assistance - was entitled to an automatic, non-discretionary waiver and did not have a fee waiver hearing. Other fee waiver orders audited by Sacramento Family Court News contained similar errors making the orders unusable. None of the orders resembled the state law compliant fee waiver order issued at the Carol Miller Courthouse.

Family court watchdogs and whistleblowers have long asserted, and documented, that family court judges and employees appear to be immune from oversight and accountability for misconduct. "Misbehavior in office, or other willful neglect or violation of duty" by a clerk is punishable as contempt under Code of Civil Procedure §1209(a)(3). Under Canon 3C of the Code of Judicial Ethics, a judge's administrative responsibilities include ensuring staff and court personnel under the judge's direction and control observe "appropriate standards of conduct." As of 2011, the failure by Judicial Branch employees to comply with any state court rule is a violation of the Whistleblower Protection Act, and constitutes government misconduct in the same category as corruption, malfeasance, bribery, theft of government property, fraud, coercion and similar types of misconduct. Employee conduct that is economically wasteful, involves gross misconduct, incompetency or inefficiency is also covered by

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Posted by PR Brown at 12:34 PM

Labels: CHRISTINA ARCURI, CHRISTINA VOLKERS, COLLEEN MCDONAGH, COLOR OF LAW SERIES, DOCUMENTS, EMPLOYEE

MISCONDUCT, FEE WAIVERS, FERRIS CASE, JULIE SETZER, LAURIE M. EARL, MATTHEW J. GARY, NEWS EXCLUSIVE, WATCHDOGS

Location: William R. Ridgeway Family Relations Courthouse - Sacramento County Superior Court, 651 I Street, Sacramento, CA

95814, USA

the act. The act is enforced by the California State Auditor. Court employees who violate court rules and other laws also violate Tenet Five of the California Court Employee Code of Ethics. Yet from the local court to the state auditor, all of these rules, laws and policies have been ignored and gone unenforced.

Court watchdogs also point out that the fee waiver order problem is another example of systemic family court mismanagement by Director of Operations Julie Setzer, Manager Colleen McDonagh and Supervising Courtroom Clerk Denise Richards, and reflects a failure of oversight by Sacramento County Superior Court Presiding Judge Laurie M. Earl and Court Executive Officer Chris Volkers. Sacramento Superior Court internal policies and administrative procedures specify a discipline process for court employees who violate court rules, cause discredit to the court, or engage in discriminatory, dishonest, discourteous or unbecoming behavior. Click here to read the court's employee discipline policy.

"It is understood that the Court has a critical role to play in the County's justice system. It is vital that the public maintain its trust in the Court system. As a result, trial court employees will be held to a higher standard of conduct than employees of other organizations," reads the Superior Court policy introduction.

The fee waiver order problem also exposes taxpayers to potential liability for civil rights violations against indigent litigants, and violates several state laws, including the Whistleblower Protection Act, which classifies court rule violations by court employees as an improper governmental activity. In upcoming posts, SFCN will report on additional problems with fee waiver orders and procedure in family court, including an attempt by Judge Matthew J. Gary to block appellate review of his own orders by unlawfully using the fee waiver review process against an indigent family court litigant.

Related articles:

Sacramento Family Court chiefs Julie Setzer and Colleen McDonagh responsible for serial court rule violations. Click here.

Family court appeals unit illegally rejecting appeals by unrepresented, financially disadvantaged litigants. Click here.

Family Law Facilitator Lollie Roberts gives false info to indigent pro per litigants. Click here.

Family court clerks let judge pro tem attorneys file sham entry of judgment paperwork. Click here.

Court Executive Officer Chris Volkers silent on fixing appeals unit problems. Click here.

Other court employee misconduct articles: Click here.

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27 February 2013

Sacramento Superior Court Misconduct: Hon. Matthew J. Gary Order for Divorce Attorney Timothy Zeff - Notice of Appeal Illegally Unfiled - Complete Original Document

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In our initial report documenting that Sacramento Family Court appeals unit clerks were unlawfully rejecting appeals by unrepresented, indigent or financially disadvantaged litigants, we redacted the name of the party whose case was used as an example of the illegal practice. The litigant asked that we redact her name because she feared she would be subject to retaliation for the disclosure by Judge Matthew Gary or court employees. For the benefit of other indigent, pro per litigants, she has since requested that we tell her full story, and publish her name. The document below is the complete notice of appeal filed by Susan Ferris, a disabled, unrepresented 52-year-old single parent. Ferris also was subjected to an unlawful "no contact" child custody order issued by Judge Gary for divorce attorney Timothy Zeff, the partner of Sacramento County Bar Association Family Law Section lawyer and family court judge pro tem Scott Buchanan.

To continue reading, and to view the notice of appeal document, click Read more >> below:

The notice of appeal Ferris subsequently filed was illegally "unfiled" by family court appeals unit Deputy Clerk Stephanie Hinman. For more than six months, the error has not been corrected, and Hinman has not been held accountable for her violation of the law and unlawful interference with court of appeal proceedings. The lack of any corrective action indicates that the illegal act is condoned by family court supervisors. According to a criminal law attorney, the elements of a violation of Penal Code § 182 - conspiracy to pervert or obstruct justice or the due administration of the laws - specify that an agreement or conspiracy may be inferred from the conduct of those accused of the crime. Other criminal statutes that may apply include Penal Code § 470(c), altering, corrupting or falsifying a legal document, and Penal Code § 470(d), altering a document with the intent to cause damage to a legal, financial or property right. Hinman's action clearly deprived Ferris of her legal right to appellate review. Click here to read the complete SFCN report on the unfiled appeal. Click here for our continuing coverage of the Susan Ferris case. Click on the labels below the document for additional reporting on the people and issues in this post.

Court Clerk Blocks Appeal of Judge Matthew Gary Order Issued for Judge Pro Tem Scott Buchanan Partner Timothy Zeff

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27 April 2012

Judge Matthew Gary Abuse of Authority: Indigent, Disabled, Unrepresented Litigant Illegally Arrested and Jailed for Contempt of Court

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As this document reflects, Sacramento County Family Court Judge Matthew Gary ordered his courtroom bailiff to arrest and jail unrepresented, disabled litigant Robert Saunders for contempt of court on March 9, 2009. The incident was witnessed by Sacramento County Bar Association Family Law Section attorneys Richard Sokol and Elaine Van Beveren. Each lawyer also serves as a temporary judge in the same court.

Two independent judges subsequently determined that both the arrest and contempt charge were unlawful, and the criminal case was dismissed. Both Sokol and Van Beveren had a legal and ethical duty to report Gary's misconduct. Courtroom clerk Christina Arcuri also had a legal and ethical duty to report the misconduct. None of the witnesses reported the misconduct or otherwise took any corrective action. At the same hearing, the judge issued an illegal "no-contact" order prohibiting Saunders from having any contact with his twin daughters. Saunders has not seen his children since. Gary has never been held accountable for his misconduct and violation of Saunders' constitutional, civil, and parental rights. Click here to read the exclusive Sacramento Family Court News report of the March 9, 2009 incident.

Judge Matthew Gary Escapes Accountability for Illegal Arrest and Incarceration of Disabled Pro Per

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Sacramento County Bar Association Family Law Section Watchdog & Whistleblower News via Google+ 1 year ago - Shared publicly

Divorce attorney Richard Sokol witnesses unlawful conduct by Judge Matthew Gary and

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Labels: ANALYSIS, CHILD CUSTODY, CHRISTINA ARCURI, CIVIL RIGHTS, CONTEMPT, CRIMINAL CONDUCT, DOCUMENTS, FLEC,

JUDGE PRO TEM, JUDICIAL MISCONDUCT, MATTHEW J. GARY, NEWS EXCLUSIVE, PARENT RIGHTS, PRO PERS, RICHARD SOKOL,

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Location: Sacramento County Superior Court 720 9th Street, Sacramento, CA 95814, USA Family Relations Courthouse

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24 April 2012

Hon. Matthew J. Gary Abuse of Authority: Code of Judicial Ethics and State Law Violations - Ordered Removed From Family Court Case by Fellow Judge for Misconduct, Bias & Abuse of Unrepresented LitigantFamily Court Judge Matthew J. Gary Disqualified From Case for Bias and Unlawful Arrest of Pro Per

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Internal court records obtained by Sacramento Family Court news reveal that a San Joaquin County judge in 2010 issued a court order removing Judge Matthew Gary from a Sacramento Family Court case for misconduct and bias against a disabled, unrepresented litigant. Although Gary contested the removal action and denied the bias and misconduct charges, after reviewing the evidence San Joaquin County Superior Court Judge Xapuri B. Villapudua rejected Gary's version of events and ordered the controversial judge disqualified from any further proceedings in the case.

The motion to recuse, or remove, Gary from the case was filed by pro per Robert Saunders. In accordance with state law, the motion was heard and decided by a neutral, outside-the-county judge. At the time the motion was filed, California Supreme Court Chief Justice Ronald George assigned Villapudua to decide

the case. In her ruling rejecting Gary's denial and removing the judge from the case, Villapudua made it clear which of the conflicting stories was believable.

"Based on the evidence submitted the court does find that a reasonable person might entertain a doubt that Judge Matthew J. Gary would be able to be impartial. Three separate witnesses stated Judge Gary was impatient and rude to [Saunders]. Three separate witnesses declared the judge appeared biased during the hearing, making snide or rude comments to [Saunders]. From the sworn declarations submitted it appears Judge Gary became embroiled during the hearing on March 9, 2009. Judge Gary appeared to lose his patience with [Saunders]. He did not adhere to the proper procedure for contempt and had [Saunders] arrested and forcibly removed from his courtroom by multiple bailiffs," Villapudua wrote in the

Judge Matthew J. Gary, Sacramento County Superior Court. A fellow judge ordered Gary removed from the Robert Saunders case for abuse of the

unrepresented litigant and misuse of contempt law.

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court order ending Gary's jurisdiction over the case. Click here to view the order.

Villapudua's assessment of Gary's credibility and the unlawful arrest and incarceration of Saunders for contempt of court was reaffirmed by a second judge who, at a subsequent court hearing in Sacramento County Superior Court, dismissed a resisting arrest charge against Saunders from the same incident. Evidence in the criminal case included a video recording of the debacle, according to the arrest report of a courtroom bailiff. In addition, the unlawful contempt of court and resisting arrest incident was witnessed by judge pro tem attorneys Richard Sokol and Elaine Van Beveren, both of whom failed to intervene as required by the Code of Judicial Ethics. Gary currently is the Supervising Family Law, Probate and ADA Judge.

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In his motion to disqualify Gary from the case, Saunders asserted that the judge was rude, impatient, and abused his authority by having him arrested and dragged from the courtroom. As Villapudua's order reflects, Saunders' claims were supported by the sworn testimony of three separate eyewitnesses who confirmed Saunders' account of the incident. The witnesses also testified that Gary m ade snide or rude comments directed at Saunders, and appeared biased during the hearing. In his defense, Gary submitted to the San Joaquin County judge a one-sentence answer denying the charges made by Saunders. "I deny the allegations stated in Respondent's Challenge," Gary stated under penalty of perjury. Click here to view Gary's denial. To view the minute order issued by Gary after the hearing in which he charged Saunders with contempt of court, click here.

Judge Villapudua issued her order banning Gary from the Saunders case on January 7, 2010. Five months later, a second judge with no connection to family court dismissed the resisting arrest charge filed against Saunders by Gary's courtroom bailiff and Sacramento County Sheriff's Department Deputy J. Strong. The dismissal of the criminal case by former prosecutor and veteran Sacramento County criminal court Judge Richard Gilmour infers that the video recording of the incident also supported Saunders' contention that both the contempt and resisting arrest charges were baseless and motivated by Gary's temper, embroilment and abuse of authority.

UPDATE: A government whistleblower has leaked the courtroom security video of the illegal arrest and assault of Robert Saunders. Click here.

"Gary Became Embroiled...Did Not Adhere To Proper Procedure For Contempt"

Assigned to the case by the California Supreme Court Chief Justice, San Joaquin County Superior Court Judge Xapuri Villapudua ordered Judge Matthew Gary disqualified to hear further proceedings in the Robert Saunders case.

Second Independent Judge Vindicates Saunders

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The unlawful contempt of court and resisting arrest incident was witnessed by attorneys Richard Sokol and Elaine Van Beveren. Both attorneys are Sacramento County Superior Court sworn temporary judges. Judge pro tem attorneys are by law required to take or initiate corrective action if they witness another judge violate the law or any provision of the Code of Judicial Ethics. Canon 3D(1), an important self-policing component of the Code, mandates the intervention to maintain public confidence in the courts and ensure that judge misconduct is kept in check. As confirmed by two independent judges, Gary's actions were clear violations of several sections of the ethics code, but court records and other eyewitness accounts indicate that neither Sokol, nor Van Beveren complied with the misconduct reporting requirement. Click here to view an internal Judicial Council of California memo about the legal duty. In addition, courtroom clerk Christina Arcuri had a legal and ethical duty to report the misconduct by the judge, but took no action. In a different case last year Judge Matthew Gary suffered a full reversal by the Third District Court of Appeal. As in the Saunders case, in Seaton v. Seaton Gary also did not follow established law. After conducting his own investigation and forensic analysis on a 20-year-old marriage certificate signature, Gary concluded that the signature was not made by an extremely intoxicated person, as Patricia Seaton had claimed. The judge then nullified a 17-year marriage so that Patricia would be deprived of all property, support and other rights associated with a lawful marriage. The appellate court reversed Gary's decision, noting that the issues Gary had with Patricia's credibility were irrelevant to determining whether the marriage was valid.

Both Gary and Villapudua were appointed to the bench in June, 2007 by Governor Arnold Schwarzenegger. Judge Gary is paid $169,289 per year.

For his deference to attorneys, and mismanagement of Sacramento County Family Court, Gary received a "Poster Child of the Month Award" from the Family Court Accountability Coalition, a statewide family court watchdog group. Gary received the honor for "serial due process, equal protection and access to the courts violations," according to the FCAC Blog.

"Anecdotal evidence suggests that the current presiding judge, Matthew J. Gary is a right-wing, anti-government ideologue who believes government is dysfunctional and is determined to prove it...while collecting a $170,000 annual salary from the state."

FCAC also cited a 2007, Sacramento Lawyer magazine interview with Gary:

"Gary characterizes his legal philosophy as favoring judicial restraint. Among the U.S. Supreme Court justices who he admires are Antonin Scalia..."

UPDATE: Family Law Courts.com asks whether Family Court bailiffs are enforcing the law or acting as judicial puppets.

Related Content:

The resisting arrest charge filed by Judge Matthew Gary's courtroom bailiff J. Strong against Robert Saunders was dismissed by Judge Richard Gilmour on May 10, 2010.

Judge Pro Tem Eyewitnesses Fail To Intervene

San Joaquin County Superior CourtJudge Xapuri B. Villapudua

Gary Receives "Poster Child of the Month" Award from Family

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Sacramento Family Court News via Google+ 1 year ago - Shared publicly

Underdog wins one. Disabled, unrepresented and financially disadvantaged family court litigant Robert Saunders wins disqualification order against Sacramento Family Court Judge Matthew J. Gary. San Joaquin County Superior Court Judge Xapuri B. Villapudua orders Gary removed from Saunders' case for having him arrested and dragged from the courtroom by multiple bailiffs. An extremely rare victory for a pro per, who, as a group,

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Hon. Matthew J. Gary - Sacramento County Superior Court via Google+11 months ago - Shared publicly

Judge Matthew Gary order removed from case by outside, independent judge for abuse of authority, including illegal arrest of disabled, unrepresented litigant. Witnesses judge pro tem attorneys Richard Sokol and Elaine Van Beveren fail to intervene as required by Code of Judicial Ethics. A second, independent judge dismissed a resisting arrest charge also filed against the indigent pro per.

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jeremy fortik 1 year ago - Shared publicly

I have Judge Matthew Gary. It has been a horrendous experience. He seems to be ambivalent to the best interest of children. I can't believe he's a judge actually just based on his lack of any common sense. Please contact me at april_risse@yahoo.com if you would like to together come up with a solution to get him permanently removed from this very important position. Thanks, April

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Labels: CHILD CUSTODY, CODE OF JUDICIAL ETHICS, CONTEMPT, ELAINE VAN BEVEREN, JUDGE PRO TEM, JUDICIAL

MISCONDUCT, MATTHEW J. GARY, NEWS, NO CONTACT ORDERS, PRO PERS, RICHARD SOKOL, ROBERT SAUNDERS, XAPURI B.

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Location: Sacramento County Superior Court - Family Court Sacramento - William R. Ridgeway Family Relations Courthouse,

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* Controversial Judge Matthew Gary Removed from Supervisory Position

* Matt Gary Disqualification Records & Update

* Supervising Judge Matt Gary Warns Family Court Problems Will Get Worse

* Judge Matthew Gary Reversed by 3rd District Court of Appeal for Improper Investigation, Forensic Analysis

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