The letter notes that Kozinski's essays show his keen interest in ethics in general, and Jewish ethics in particular. [[i]]
What are the ethics duties of the Chief Judge in view of rampant corruption of the justice system under the 9th Circuit?
The Jewish ethics questions raised by Zernik were:
- Should Simulated Litigation [[ii]] be considered Gneivat Ha-Da'at? (a Jewish ethics term for Fraud and Deceit) [[iii]]
- Is a US judge bound, pursuant to his/her Oaths of Office, by an ethics duty that is not delegatable to "initiate appropriate action when the judge becomes aware of reliable evidence indicating the likelihood of unprofessional conduct by a judge or lawyer"?
- Is a US judge bound, pursuant to the Code of Conduct of US Judges, Canon 3 B. (3) by an ethics duty that is not delegatable to "initiate appropriate action when the judge becomes aware of reliable evidence indicating the likelihood of unprofessional conduct by a judge or lawyer?
- Should Alex Kozinski, Chief Judge of the US Court of Appeals, 9th Circuit, be bound by an ethics duty that is not delegatable, to "initiate appropriate action", in view of the recent official Staff Report of the Human Rights Council of the United Nations, which referred to "corruption of the courts and the legal profession" in California? [[iv]]
Attached to the letter was Zernik's recent press release: Corruption of the Courts - the Roaring Silence of the Jewish Community, detailing racketeering in the courts by current and former leaders of Bet Tzedek - the Los Angeles "House of Justice" - and refusal of the Anti Defamation League and others in the Jewish community to respond on the matter. [[v]]
Condition of the justice system under Kozinski's tenure was estimated by experts to be the worst in a century..."In reviewing Kozinski's performance as Chief Judge of the 9th, one should consider conditions of the justice system under his tenure," says Zernik, "It was estimated by experts to be the worst in a century. He must be held personally accountable, both in his administrative capacity and in his personal conduct as judge."
The evidence shows that the US District Court, Central District of California, and the US Court of Appeals, 9th Circuit, are actively patronizing racketeering by California judges in Los Angeles County and beyond:
- The large-scale false imprisonment of the Rampart-FIPs (Falsely Imprisoned Persons) - thousands of victims of court corruption in LA County, almost exclusively black and Latinos - continues to this date. It is a Human Rights disaster of historic proportions. [[vi]]
- Large-scale financial institution and real estate fraud by judges of the Los Angeles Superior Court continues for almost two decades, through racketeering of judges and attorney in the courts. [[vii]]
The 9th Circuit Court of Appeals, and Kozinski himself are routine practitioners of Simulated Litigation.
Former US Prosecutor
Of particular concern is the abundance of cases of Simulated Litigation in both the state and US courts under the 9th Circuit. [[xi],[xii]]
The case of the 70 year old former US prosecutor Richard Fine is a textbook case: [[xiii], [xiv]]
- Richard Fine exposed and rebuked the taking of "not permitted payments" ("Bribes") by judges of the Los Angeles Superior Court, which required the signing of "retroactive immunities" ("Pardons") for all such judges.
- Richard Fine was arrested and imprisoned through Simulated Litigation in the Los Angeles Superior Court. What media reported as the March 4, 2009 "Sentencing Hearing" was a Simulated Proceeding. It failed to appear in court records, and no valid Warrant, Judgment, Conviction, or Sentencing records were ever entered in his case.
- Richard Fine was held by the Sheriff of Los Angeles County in solitary confinement for 18 months under Simulated Arrest and Booking records, stating that Fine was arrested and booked on location and by authority of the non-existent "Municipal Court of San Pedro". (Figure 1)
- Richard Fine's habeas corpus petition was conducted as a Simulated Litigation in the US District Court, Central District of California, where minutes, orders, judgments were never authenticated as valid court records.
- Richard Fine's Petition to the 9th Circuit was denied in an unsigned, Simulated Order, issued in the names of Alex Kozinski, Richard Paez, and Richard Tallman. (Figure 2)
The US Congress should perform its duties...
LINKS[i] 00-00-01 93-09-13 Kozinski, A: Sanhendrin II, The New Republic, Sept 13, 1993
00-02-00 Kozinski, A - Don't Drop the Torah, CalLawyer (2000) Pp 21-2
04-00-00 Konzinski A - The Appearance of Propriety Legal Affairs 2004
[ii] Simulated Litigation here refers to cases, where the evidence shows conduct defined in the Texas Criminal Code as follows:
Texas Penal Code �32.48. SIMULATING LEGAL PROCESS.
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
(1) induce payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
The practice is widespread in both the state and US courts at all levels.
[iii] �Gneivat ha-da�at�.
[iv] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report, with reference to "corruption of the courts and the legal profession".
[v] 11-05-27 Corruption of the Courts � the Roaring Silence of the Jewish Community
[vi] 09-12-17-Rampart-FIPs (Falsely Imprisoned Persons) - Review
[vii] 11-01-07 Superior Court of Los Angeles County, California: Widespread Public Corruption and Refusal of US Department of Justice to Take Action
[viii] 06-07-15 Rampart Reconsidered: LAPD's Blue Ribbon Review Panel Report (2006)
[ix] January 8, 2010 Repeat mailing of Supervisor Michael Antonovich response, including attachments
that were communications by the Sheriff's Department of the County of Los Angeles.
[x] 09-06-30 unsigned, unauthenticated Simulated Order (Dkt #4) in Fine v Sheriff (09-71692) in the US Court of Appeals, 9th Circuit, issued in the names of Circuit Judges Alex Kozinski, Richard Paez, and Richard Tallman denying the Emergency Petition of Richard Fine from the Simulated Litigation of the Habeas Corpus Fine v Sheriff (2:09-cv-01914) in the US District Court, Central District of California.
[xi] Regarding Simulated Litigation, See: 11-04-14 PRESS RELEASE: Harvard Law Professor Yochai Benkler has been asked to review the evidence of large-scale computer fraud in the US courts
[xii] Regarding Simulated Litigation, See: 11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and Concomitantly Filed Papers as published in the online PACER dockets
[xiii] 11-04-23 Habeas Corpus in the United States - the case of Richard Isaac Fine
[xiv] April 20, 2010 Motion to Intervene and related papers in Fine v Sheriff (09-A827) at the US Supreme Court
i) 10-04-20 Fine v Sheriff (09-A827) Face pages of five filings by Dr Joseph Zernik with stamps showing receipt by the US Supreme Court s
ii) 10-04-20 Fine v Sheriff (09-A827) 1 Amended Motion to Intervene s
iii) 10-04-20 Fine v Sheriff (09-A827) 2 Amended Request for Lenience by Pro Se Filer
iv) 10-04-20 Fine v Sheriff (09-A827) 3 Amended Request for Corrections in US Supreme Court Records
v) 10-04-20 Fine v Sheriff (09-A827) 4 Amended Request for Incorporation by Reference
vi) 10-04-20 Fine v Sheriff (09-A827) 5 Amended Appendices
Joseph Zernik, PhD
Human Rights Alert (NGO)
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case management systems in the precipitous deterioration of the integrity of the justice system in the United States.
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WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences."
http://www.scribd.com/doc/50753639/Prof Paul Krugman, MIT (2011)
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001)
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/27433920/* "Innocent people remain in prison"* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."LAPD Blue Ribbon Review Panel Report (2006)
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?* "...corruption of the courts and the legal profession and discrimination by law enforcement in California." United Nations Human Rights Council Staff Report (2010)
WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES?
* "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) http://www.scribd.com/doc/49586436/_____________________________
WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE SYSTEM?
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice.Transcript of Senator Leahy speech (2009)