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23 March 2013

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Tani Cantil-Sakauye Defendant & Jaime R. Roman Implicated in Federal Class Action Lawsuit for Misuse of Vexatious Litigant Law

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Controversial Order for Judge Pro Tem Attorney Charlotte Keeley by Judge Jaime Roman Challenged in Federal Class Action Lawsuit

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Taxpayers Face Financial Liability

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(18)

Supreme Court Chief Justice Tani Cantil-Sakauye is named as a defendant in this federal court litigation stemming from a vexatious litigant court order issued by Sacramento Family Court Judge Jaime Roman for Judge Pro Tem Charlotte Keeley.

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SACRAMENTO FAMILY COURT NEWS EXCLUSIVE A November, 2012 court order designating a Sacramento Family Court party as a vexatious litigant is being challenged in a landmark federal class action lawsuit filed yesterday in United States District Court in San Francisco. The controversial order was issued by family court Judge Jaime Roman at the request of temporary judge and veteran family law attorney Charlotte Keeley in a case with a long-running child custody dispute between Andrew Karres and Mel Rapton Honda heiress Katina Rapton. The order blacklisted [pdf] Karres as a vexatious litigant [pdf] and raised eyebrows in the legal community because Roman issued the ruling without providing Karres the court hearing required under state law and the due process provisions of the state and federal Constitutions.

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The vexatious litigant designation severely restricts a litigants access to the courts by requiring them to get preapproval from a presiding judge before they are permitted to file pleadings in any court in the state. Sacramento Family Court News in Nov. 2012 reported exclusively on Judge Roman's unorthodox order, which also is pending review by the Third District Court of Appeal in Sacramento. Taxpayers likely will now get two substantial bills in connection with the Keeley-Roman ruling. The state court appeal will cost the public between $8,500 and

WOODRUFF O'HAIR POSNER and SALINGER

(11)

JAMES M. MIZE (12) COLOR OF LAW SERIES

(11) CONFLICT OF INTEREST

(11) SATIRE (11)

JAIME R. ROMAN (10)

$25,500, according to recent appellate court decisions. The public cost of defending the federal case could be significantly higher. For several years, court watchdogs and whistleblowers have asserted that full-time judges give preferential treatment to judge pro tem attorneys. They charge that the Rapton-Karres case is one of several cases emblematic of judge-attorney cronyism and its effects, including the unnecessary use of scarce court resources and the financial burden on taxpayers.

LAURIE M. EARL (10) NO CONTACT ORDERS (10) SHARON A. LUERAS (10)

To continue reading, click Read more >> below:

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Named as defendants in the federal class action lawsuit are California Supreme Court Chief Justice and Judicial Council Chair Tani Gorre Cantil-Sakauye and Steven Jahr, the Administrative Director of the Administrative Office of the Courts. In addition to Karres, the plaintiffs include eight other family court parties from throughout the state. All have been blacklisted as vexatious litigants in their respective courts.

CARLSSON CASE (9)

"Plaintiffs, who are parents in on-going custody disputes, bring this class action against Chief Justice CantilSakauye and the Judicial Council in the hope of overturning California's Vexatious Litigant Statute (VLS) as it applies to family law litigants, particularly parents caught in protracted custody battles. The Plaintiffs challenge the constitutionality of the VLS as it is applied in the context of family law custody proceedings. The Plaintiffs assert that the VLS on its face and as applied infringes on their fundamental custody rights," reads the introduction section of the complaint.

RAPTON-KARRES (9) CHRISTINA VOLKERS (8) FERRIS CASE (8) JESSICA HERNANDEZ (8) JULIE SETZER (7) YOUTUBE (7) 3rd DISTRICT COA (6) CIVIL RIGHTS (6) CHRISTINA ARCURI (5) Justice Cantil-Sakauye is a former Sacramento County Superior Court Judge.

Click here to read the complete lawsuit filed March 22. Sacramento Family Court News will provide continuing coverage of the case.

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Related articles and posts: Click here for our complete coverage of the Rapton-Karres case.

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Click here for our reporting on Judge Jaime R. Roman.

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Click here for coverage of judicial misconduct.

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Labels: CHARLOTTE KEELEY, CHILD CUSTODY, CHILD SUPPORT, FEDERAL LAWSUITS, JAIME R. ROMAN, JUDGE PRO TEM,

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PR Brown via Google+ 1 year ago - Shared publicly A November, 2012 court order designating a Sacramento Family Court party as a vexatious litigant is being challenged in a landmark federal class action lawsuit filed yesterday in United States District Court in San Francisco. The controversial order was issued by family court Judge Jaime Roman at the request of temporary judge and veteran family law

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22 April 2013

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Sacramento Divorce Attorney Charlotte Keeley, Judges Peter J. McBrien and Jaime R. Roman et al., vs. Sharon Huddle

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Judge Jaime R. Roman Vexatious Litigant Order for Attorney Charlotte Keeley Shows Judge Pro Tem Monopoly - Unfair Competition at Work

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MATTHEW J. GARY (33) FLEC (28) SCBA (22) ARTS & CULTURE (21) CHILD CUSTODY (21) PETER J. McBRIEN (20) ROBERT SAUNDERS (20) WATCHDOGS (19) CHARLOTTE KEELEY (18) CJP (18) EMPLOYEE MISCONDUCT

(18) PRO PERS (18) DOCUMENTS (16) DIVORCE CORP (13) JAMES M. MIZE (12)

Roseville-based family law attorney Sharon Huddle continues to be subjected to retaliation by Sacramento County Family Court judges, apparently for her assertive client advocacy in the notorious Carlsson case and the related Commission on Judicial Performance disciplinary proceedings against troubled Sacramento Superior Court Judge Peter McBrien.

News Analysis & Opinion by PelicanBriefed

For Roseville family law attorney Sharon Huddle, the Sacramento Family Court proceedings surrounding issuance of a controversial order designating her client Andrew Karres a vexatious litigant may be déjà vu all over again. Throughout the 20-page order, written by Judge Jaime R. Roman, Huddle and her client are demeaned, disparaged and ridiculed. The opposing attorney - Judge Pro Tem Charlotte Keeley - and her client, Mel Rapton Honda heiress Katina Rapton, are portrayed by Roman in the patently unlawful order as victims.

For our complete coverage of the vexatious litigant order and the Rapton-Karres case, click here.

COLOR OF LAW SERIES

(11) CONFLICT OF INTEREST

(11) SATIRE (11) WOODRUFF O'HAIR POSNER and SALINGER

(11) JAIME R. ROMAN (10)

Huddle was subjected to similar treatment by Judge Peter J. McBrien during a family court trial in March, 2006.

McBrien's treatment of Huddle was later recounted by eyewitness and court reporter Robbi Joy in sworn testimony before the Commission on Judicial Performance, where the rogue judge received his second round of discipline by the CJP. The transcript of Joy's testimony - obtained exclusively and published for the first time by Sacramento Family Court News - provides still more explicit evidence of the preferential treatment and kickbacks given by judges to the cartel of local family law attorneys who also serve as temporary judges. The transcript and other records from the McBrien CJP proceedings also provide a troubling point of reference indicating that the unlawful, interdependent relationship between full-time judges and judge pro tem attorneys dates back at least seven years and is now all but institutionalized.

To read the sworn testimony of Robbi Joy and an incriminating admission by Santa Barbara County Superior Court Judge Denise deBellefeuille, click Read more >> below.

LAURIE M. EARL (10) NO CONTACT ORDERS (10) SHARON A. LUERAS (10) WHISTLEBLOWERS (10) CARLSSON CASE (9) RAPTON-KARRES (9) CHRISTINA VOLKERS (8) FERRIS CASE (8) JESSICA HERNANDEZ (8)

California Unfair Competition Law Court watchdogs and whistleblowers have cataloged an array of other examples of judge pro tem favoritism, including undisclosed conflicts of interest and counterfeit court filings that impede the appeal rights of unrepresented litigants. They assert that financially disadvantaged, self-represented family court litigants with little or no knowledge of family law and court procedure are treated even harsher than outside-the-cartel lawyers like Huddle. Watchdogs point to informal audits of several family court cases and anecdotal evidence indicating that cartel attorneys obtain favorable rulings on disputed issues at a statistically improbable rate.

The collusion between full-time judges and judge pro tem attorneys constitutes unfair, fraudulent, and unlawful business practices, all of which are prohibited under California unfair competition laws, including Business and Professions Code § 17200, according to court reform advocates.Whether a party is self-represented or represented by an "outsider" attorney, a judge pro tem attorney on the opposing side is the common denominator in lopsided, unfair and unlawful court rulings. They contend that taxpayers inevitably will be held liable for class action or institutional reform litigation [pdf], or government enforcement under B&P Code § 17200 on behalf of outside attorneys and pro per litigants against the court and the Sacramento County Bar Association Family Law Section.

"She Wasn't An Insider. She Wasn't a Pro Tem."

JULIE SETZER (7) YOUTUBE (7) 3rd DISTRICT COA (6) CIVIL RIGHTS (6) CHRISTINA ARCURI (5) CONTEMPT (5) THADD BLIZZARD (5) FAMILY LAW FACILITATOR

(4) LUAN CASE (4) CANTIL-SAKAUYE (3) MIKE NEWDOW (2)

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LAW BLOGS WE LIKE Family Law Professor Blog Law Librarian Blog Judge Denise deBellefeuille made this unsettling observation in her assessment of the evidence presented at the Commission on Judicial Performance disciplinary proceedings against Sacramento County Superior Court Judge Peter J. McBrien.

Santa Barbara County Superior Court Judge Denise deBellefeuille was one of three judges assigned to hear and decide the fate of Sacramento County Superior Court Judge Peter J. McBrien in his 2009 disciplinary proceedings before the Commission on Judicial Performance. [Click here to read the court of appeal decision that sent McBrien to the CJP woodshed a second time]. In her assessment of the testimony and evidence considered by the 3-judge panel, she candidly acknowledged that McBrien's favorable treatment of judge pro tem attorney Charlotte Keeley and harsh treatment of attorney Sharon Huddle was partly attributable to the fact that Huddle "wasn't an insider. She wasn't a pro tem." When San Francisco attorney Stephen R. Gianelli read an article in the ABA Journal on the court of appeal decision in the Carlsson case, he wrote about his own nightmarish experience as an outsider attorney in Sacramento Family Court. Like Huddle, Gianelli also faced off against judge pro tem Charlotte Keeley:

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"[I] was attacked personally in court filing after court filing. I was required to drive from San Francisco to Sacramento (a three hour round trip drive) over six times on 24 hours notice, in my opinion to harass me and make me quit," the attorney said. "[T]his is a 'juice court' in which counsel outside Sacramento have little chance of prevailing...[the] court has now abandoned even a pretense of being fair to outside counsel."

Click here to read Gianelli's complete statement. In future posts, SFCN will have more, never before published information on the McBrien CJP proceedings, including transcripts of sworn statements by character witnesses who testified on McBrien's behalf, including full-time and temporary Sacramento County Superior Court judges.

Judge pro tem lawyers who testified for McBrien include Camille Hemmer, Jerry Guthrie, Robert O'Hair, and current chair of the Sacramento County Bar Association Family Law Section Russell Carlson.

The relevance of court reporter Robbi Joy's testimony about the contrast between how Judge McBrien treated outsider attorney Sharon Huddle and temporary judge attorney Charlotte Keeley during the Carlsson trial was described by CJP attorney Andrew Blum.

"Robbi Joy is a neutral third party. She's not friends with any of these people. She's been a court reporter for a long time, and she has seen a lot of what takes place in courtrooms. She testified that the judge was demeaning to Ms. Huddle, treated her with disdain and displayed irritation towards her throughout the trial, and she never saw Ms. Huddle do anything to justify that conduct. Even Judge McBrien admitted that some of his comments could make it appear that he was badgering Ms. Huddle in an inappropriate manner. Now, in addition to what these actual observers said, the record shows that he repeatedly threatened a mistrial from early on in the trial, curtailed her presentation of evidence, threatened her with contempt, and he would barely let her take breaks to go to the bathroom." To view Blum's statement, click here.

Robbi Joy's testimony included the following exchange: Q. During the Carlsson trial, how would you describe Judge McBrien's behavior towards Attorney Huddle?

A [Robbi Joy]. Demeaning. This is hard. He is a judge. I have no ill will toward him. But it was remarkable to me that he seemed to have an amicable relationship with Ms. Keeley, but he seemed so irritated with Ms. Huddle. In fact, I asked the deputy MR. MURPHY: Objection – SPECIAL MASTER CORNELL: Sustained.

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MR. MURPHY: hearsay.

BY MR. BLUM: Q. What did the judge do that makes you say that he was demeaning towards Ms. Huddle?

A. A couple of times she asked for just a brief break. She finally said, frankly, "I want to use the restroom, and you've given me a couple of tasks, phone calls to make," and he said, "one minute."

And he repeatedly threatened a mistrial. I've seen this happen.

If you say it's to wrap up Friday and it's already Friday and it seems to be going on and on, that the judge may say, "We're headed for a

mistrial" or "none of us want a mistrial. " But he, I would say, at least five times said, "Do you want a mistrial? Just, let's have a mistrial, " which is something, of course, that nobody wants to have to go

through.

Q. Did the judge's poor demeanor towards Ms. Huddle begin on the first day of trial?

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A. Yes.

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Q. Did it continue throughout the trial?

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A. Yes.

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Q. Did you observe Ms. Huddle do anything that would justify Judge McBrien's attitude towards her?

Divorce Corp

A. No. I felt that she and Ms. Keeley comported themselves as professionals.

Q. Would you say that Ms. Huddle was ever rude or

disrespectful to the judge?

A. No.

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Q. I think you touched on this, but how did Judge McBrien treat Ms. Keeley?

Fathers 4 Justice

A. In a much more respectful manner.

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Q. Did Judge McBrien treat you poorly?

Leon Koziol.Com

A. No.

Moving Past Divorce

Q. Were the attorneys rude to each other?

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A. No. Q. In your years as a court reporter, have you ever seen a judge behave this way, the way Judge McBrien behaved towards Ms. Huddle?

A. Not to be glib, but not even on television.

Q. So that's a no?

A. That's a no. I certainly have seen judges lose their temper, if they're consuming time or if it's just -for a reason. But I have not seen a judge, without some prior history of dealing with this attorney or -or for some other reason, just seeming to have disdain for them.

To read Robbi Joy's complete testimony, click here.

In 2008, the 3rd District Court of Appeal described how Huddle's client, Ulf Carlsson, was ultimately treated at the conclusion of the 2006 trial. The description bears similarities to the recent treatment of Huddle client Andrew Karres by Judge Jaime R. Roman.

"Judge McBrien issued a written decision, ruling against Ulf on almost every issue. He rejected Ulf's contention that Mona was underemployed, ruled ruled that Ulf and Mona were sole owners of the rental property; ordered both the family residence and the rental property sold; failed to segregate Ulf's retirement account for purposes of awarding Mona her community share; and ordered Ulf to pay Mona $35,000 in attorney and expert witness fees. Despite the court's prior handwritten order that child support would not be determined until custody was resolved, the judgment ordered Ulf to pay $736 per month in child support." Click here.

Weightier Matter

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NEXT: The Huddle-Keeley-McBrien backstory, continued: The revealing ex parte communication between Judge Peter J. McBrien and Judge Pro Tem Charlotte Keeley, and McBrien's secret transcript request.

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Related articles: Sacramento Family Court News has continuing coverage of issues involving judge pro tem attorneys and financially disadvantaged, unrepresented litigants. For a list of all posts about temporary judges, click here. Our special, independent Judge Pro Tems Page is at this link. Specific issues with direct links include:

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A variety of illegal tactics used by court employees, judges, the Family Law Facilitator Office and judge pro tem attorneys to obstruct family court appeals by unrepresented, financially disadvantaged litigants.Click here.

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Full-time family court judges failure to disclose judge pro tem conflicts of interest to opposing parties and attorneys. Click here.

Judge pro tem attorneys promoted a software program sold by the wife of a family court judge. Click here.

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Court administrators concealing from the public judge pro tem attorney misconduct, including sexual battery against clients. Click here.

Illegal use of California vexatious litigant law by family court judges. Click here.

Waiver of judge pro tem qualification standards. Click here.

Failure to adequately train family court judges. Click here.

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Allowing courtroom clerks to issue incomplete, useless fee waiver orders which prevent indigent and financially disadvantaged litigants from serving and filing documents. Click here.

Preferential treatment provided to judge pro tem attorneys by family court judges, administrators, and employees. Click here.

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Unfair competition and monopolistic practices by family court judges and attorneys who also hold the Office of Temporary Judge which may violate state unfair competition laws. Click here.

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Failing to enforce the Code of Judicial Ethics provisions applicable to temporary judges. Click here.

Allowing court clerks to commit perjury without apparent consequences. Click here.

Permitting Family Law Facilitator Office staff to dispense false information to unrepresented, financially disadvantaged litigants. Click here.

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Allowing judges with a documented history of misconduct and mistreatment of unrepresented litigants to remain in family court. Click here.

Concealing from the public but disclosing to the family law bar the demotion of problem judges. Click here.

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Judges cherry-pick state law and court rules to rewrite established law to reach a predetermined result to benefit judge pro tem attorneys. Click here.

The waste of scarce court resources and taxpayer funds caused by unnecessary appeals and other court proceedings. Click here and here.

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Location: Sacramento County Superior Court, 651 I Street, Sacramento, CA 95814, USA Family Relations Courthouse

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17 April 2013

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Hon. Jaime R. Roman Misconduct: Rewrites California Vexatious Litigant Law for Judge Pro Tem Divorce Lawyer Charlotte Keeley

JUDICIAL MISCONDUCT

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Judge Jaime Roman Misstates Law, Uses Overruled Case to Justify Vexatious Litigant and Other Orders Without Court Hearing

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News Analysis & Opinion by PelicanBriefed

The Sacramento Family Court News analysis team has been working overtime scrutinizing and trying to make sense of a controversial 20-page statement of decision issued on Nov. 14 of last year

by Supervising Family Court Judge Jaime R. Roman. Click here for our initial report from 2012.

Roman's decision is now being challenged in both the Third District Court of Appeal, and in a federal class action lawsuit filed March 22 in U.S. District Court in San Francisco. It is certain that taxpayers will get a substantial bill for each case. Court watchdogs contend Roman's order exemplifies the overt lawlessness that occurs weekly in family court, and the preferential treatment that full-time judges provide for-profit attorneys who also serve as temporary judges.

The unprecedented ruling - which was made-to-order for Judge Pro Tem attorney Charlotte Keeley rewrites California vexatious litigant law and procedure. Watchdogs hold Judge Roman Judge Jaime R. Roman denied a family court litigant the right responsible for putting taxpayers on the financial hook to a court hearing and oral testimony - fundamental components for the costs of yet another unnecessary appeal from of the right to due process of law. family court, and the federal litigation. In another pointless appeal caused by judicial misconduct, Judge Matthew J. Gary unsuccessfully attempted a similar rewrite of putative spouse law and in 2011 was reversed in full by the Third District Court of Appeal. Our analysis indicates that Judge Roman's order likely is headed for the same fate.

To continue reading, click Read more >> below:

Off-the-Rails at Conjunction Junction

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(18) PRO PERS (18) DOCUMENTS (16) DIVORCE CORP (13) JAMES M. MIZE (12) COLOR OF LAW SERIES

(11) CONFLICT OF INTEREST

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LAURIE M. EARL (10) NO CONTACT ORDERS (10) SHARON A. LUERAS (10) WHISTLEBLOWERS (10) CARLSSON CASE (9) RAPTON-KARRES (9) CHRISTINA VOLKERS (8) FERRIS CASE (8) JESSICA HERNANDEZ (8) JULIE SETZER (7) YOUTUBE (7) 3rd DISTRICT COA (6) CIVIL RIGHTS (6) CHRISTINA ARCURI (5) The confusing legal rationale of Judge Roman's 20-page decision is constructed from a series of allegedly consistent conjunctions conjoining components of the Family Code, Code of Civil Procedure, and court rules.

For example, Roman writes at page six: "Sacramento Superior Court Rule 14.02(C), consistent with Code of Civil Procedure section 2009, in conjunction with Family Code section 210.." and "Code of Civil Procedure section 1008(a), in conjunction with Family Code section 210..." at page eight, and "California Code of Civil Procedure section 2009 in conjunction with Family Code section 210...California Rules of Court rule 3.1306(a), in conjunction with California Rules of Court, rule 5.21...See Family Code section 217(c); California Rules of Court, rule 3.1306(b), in conjunction with rule 5.21 and rule 5.119," at page 19.

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WE SUPPORT Judge Roman's statute and court rule references, and calculated omission of contrary authority suggest an intent to cherry-pick law - including law not applicable to a vexatious litigant proceeding - to reach a predetermined result for the benefit of Judge Pro Tem attorney Charlotte Keeley. In our first report on the decision, veteran court watchdog Robert Saunders astutely observed that the judge used reverse engineering. "In other words, he knew how he wanted to rule and from there worked backwards to try and justify an unjustifiable ruling," Saunders said in 2012.

Saunders' analysis appears to be substantially accurate, according to the family and civil law reference books used by judges, attorneys and Sacramento Family Court News. The logically inferred intent of Roman's risible, convoluted conjunctions is to enable himself to designate a family court party a vexatious litigant and issue a $2,500 sanctions assessment and 13 additional orders against the same party - all without a court hearing and oral argument. But Judge Roman is off-the-rails at conjunction junction.

California Practice Guide: Civil Procedure Before Trial, the gold standard civil law reference work used by judges and attorneys, indicates that Judge Roman attempted to create the illusion that his order was grounded in legitimate law by misstating and misapplying Code of Civil Procedure § 2009, Family Code § 210, and § 217, and California Rules of Court rules 3.1306 and 5.21. The perplexing rationale Roman cobbled together from parts of each is preempted and effectively nullified by the vexatious litigant statute and decisional law, according to the Guide.

Court watchdogs and whistleblowers charge that Judge Roman's prejudgment, unlawfully vacated hearing and erroneous statement of decision are more examples of Chris Volkers, Julie Setzer and other court administrators failing to adequately train, supervise, and discipline family court judges. They point out that Judge Roman, the supervising family law, probate and ADA judge has limited family court experience, and often confuses civil law with family law. At the end of her own two-year stint in family court, Judge Sharon Lueras confessed to the family law bar that, at the beginning of her family court assignment, she knew nothing about family law. The consequences of inadequate training and supervision can be tragic. Unrepresented litigant Jessica Hernandez blames Lueras for the death of her son at the hands of her ex-husband. Click here for our

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The Disappearing Hearing As we reported in our original coverage, Judge Roman unilaterally cancelled a family court hearing calendared for Nov. 14, 2012. The hearing was scheduled for the purpose of arguing and resolving 15 disputed issues in the case Katina Rapton vs Andrew Karres.

On the day of the hearing, the parties and attorneys arrived at the courtroom and were told by the judge that the hearing was vacated and would not take place. A dumbfounded Sharon Huddle, the attorney for Karres, had the judge repeat the statement a second time while being recorded by a court reporter. Click here to read the court reporter's transcript, obtained exclusively by Sacramento Family Court News.

At the end of the non-hearing, Judge Roman scrawled out a minute order that read only "VACATED: COURT STATEMENT OF DECISION." The day before the hearing, Roman wrote, signed, filed, and mailed to the Family law attorney and Judge Pro Tem Charlotte L. Keeley demanded and got attorneys a 20-page statement of from Judge Jaime R. Roman a court order designating Andrew Karres a decision resolving all issues. Virtually vexatious litigant. all of the rulings were in favor of Rapton and against Karres. Rapton, the Mel Rapton Honda heiress is represented by veteran family law attorney and temporary judge Charlotte Keeley. The orders requested by Keeley and granted by Roman included designating Karres a vexatious litigant, and ordering the financially disadvantaged litigant to pay Keeley $2,500 in sanctions. The vexatious litigant designation severely restricts Karres' access to every court in California by requiring him to get pre-approval from a presiding judge before he can file anything, anywhere in the state.

Conjunction Malfunction The relationship between family law, civil law and the court rules applicable to each can be confusing. But the family law procedure manual used by judges and attorneys, California Practice Guide: Family Law neatly sorts it all out in just two pages, which, apparently, is news to Judge Roman who clumsily cut, conjoined, and pasted conflicting laws and rules to justify his vexatious litigant order.

An assessment of the legality of Roman's order blacklisting Andrew Karres as a vexatious litigant begins with the law itself. California's vexatious litigant law is codified at Code of Civil Procedure §§ 391-391.8. Wikipedia explains how the law works at this link. The law was intended to limit frivolous litigation by unrepresented, pro per parties in civil courts. When a judge issues an order designating a self-represented litigant as a vexatious litigant, the Constitutional rights of access to the courts, due process of law, equal protection of law and the right to petition the government for redress are severely restricted. Due to the harsh consequences of the vexatious litigant label, California law requires full due process before the order can be issued, including notice and a court hearing where written or oral evidence is presented. The notice and hearing requirements of the vexatious litigant statute are difficult to misconstrue: "At the hearing upon the motion the court shall consider any evidence, written or oral, by witnesses or affidavit, as may be material to the ground of the motion," reads the law at section 391.2.



At § 391.3, the vexatious litigant law specifies, twice, that a decision is made "after hearing the evidence on the motion." The California Practice Guide for civil law recites the procedure for a vexatious litigant determination, including the required court hearing. Based on the 2002 appellate court case Bravo v. Ismaj, "[a] party may not be declared to be a 'vexatious litigant' without a noticed motion and hearing which includes the right to oral argument and the presentation of evidence," according to the Guide.

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Since the 2002 Bravo case, at least 20 other published and unpublished appellate court decisions have relied on and mirrored the controlling holding in Bravo, including these two cases from 2009 and 2012.

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In a single paragraph and four footnotes at page 19 of his 20-page statement of decision, Judge Roman provides his rationale for issuing the vexatious litigant order without a hearing. The judge recites sections of the Code of Civil Procedure, Family Code, and court rules that he claims, when conjoined, authorize him to "vacate the hearing in this matter..."

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Notably absent from the justification is any reference to the Bravo line of cases, Judge Jaime R. Roman conjoined statutory law, court rules and overruled the notice and hearing requirements of decisional law to rewrite vexatious litigant procedure in California. the vexatious litigant statute, and the instruction of the California Practice Guides, all of which contradict Roman's justification for denying Karres a hearing with oral argument and the presentation of evidence. Roman does cite to a single case law reference, Reifler v. Superior Court, a 1974 case which was effectively overruled by the Legislature as of January 1, 2011, and which in any event has no legitimate connection to the procedure for declaring a litigant vexatious.  Judge Roman gives his reasons for blacklisting Karres statewide as a vexatious litigant at pages 15-18 of his 20page statement of decision. Absent from the ruling is the boilerplate recital that "The Court has considered the moving and responding papers, the evidence and argument presented at the hearing, and the files herein," which appears on page one of this vexatious litigant order from a family court case in Santa Clara County.

Judge Roman's unlawful order declaring Karres a vexatious litigant is now the subject of both a costly appeal and federal civil rights litigation against Judicial Branch officials. The appeal and federal case will cost the parties and taxpayers significant sums. The current cost to taxpayers for a single appeal is between $8,500 and $25,000, according to recent appellate court decisions. Ironically, vexatious litigants are routinely accused of, and punished for wasting scarce appellate court resources with frivolous litigation.

"Other appellate parties, many of whom wait years for a resolution of bona fide disputes, are prejudiced by the useless diversion of this court's attention. [Citation.] In the same vein, the appellate system and the taxpayers are damaged by what amounts to a waste of this court's time and resources," reads a line of cases from 1988 to 2012, beginning with Finnie v. Town of Tiburon.

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The same should be said about the unnecessary appeal and federal litigation against the government compelled by Judge Roman's order.

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Hon. Jaime R. Roman Misconduct: Divorce Attorney Charlotte Keeley Obtains Unprecedented Court Order - Roman Rewrites Family Code & Court Rules - Decrees Hearings Obsolete

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Judge Jaime Roman Designates Party Vexatious Litigant, Sanctions $2,500 and Makes 13 Other Rulings - Without Court Hearing Required by Law Sacramento Family Court News Exclusive

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Sacramento Family Court Judge Jaime Roman (L) with Judge Matthew Gary. The two judges are known for issuing a disproportionate number of favorable child custody orders for Sacramento County Bar Association Family Law Section lawyers, according to family court watchdogs. Photo: Sacramento Lawyer.

In a rambling, unorthodox 20-page statement of decision peppered with 73 footnotes, Sacramento Family Court Judge Jaime Roman designated family court party Andrew Karres a vexatious litigant, ordered Karres to pay $2,500 in attorney fee sanctions, and issued 13 additional orders at a brief court proceeding yesterday.

All the disputed issues inexplicably were decided without oral argument and without the court hearing mandated by both the vexatious litigant and sanctions statutes. Virtually all rulings were against Karres and in favor of Karres' ex-wife, Mel Rapton Honda heiress Katina Rapton. Rapton is represented by veteran Sacramento County Bar Association Family Law Section attorney and family court judge pro tem Charlotte Keeley.

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Sacramento County Bar Association Family Law Section attorney and family court temporary judge Charlotte Keeley.

Judge Roman drafted the lengthy statement of decision in advance of a court hearing calendared for November 14, at which the disputed issues were scheduled to be argued and submitted. But at the start of the proceeding, the judge announced that he was cancelling the hearing because he had already ruled on all matters. Roman explained to the parties and attorneys that the day before he had mailed them his statement of decision resolving all issues. At the hearing, the judge issued a minute order which read only "VACATED: COURT STATEMENT OF DECISION." Click here to view the minute order. In addition to depriving Karres of his basic due process right to be heard on the sanction and vexatious litigant issues, the vacated hearing also denied the losing litigant his Family Code § 217 and state court rule 5.119 right to present "live, competent and admissible testimony." Family court reform advocates assert that the unlawful, summarily decided proceeding is yet another example of the overt preferential treatment provided by full-time, family court judges to members of the Sacramento County Bar Association Family Law Section who also serve as temporary judges in the

same court.

"Surreal and Unprecedented" "It was both surreal and unprecedented," said veteran court watcher Robert Saunders. "I've been attending family court hearings for over five years and have never seen anything like it." Saunders said that in addition to the obvious constitutional-level due process of law breach, Roman's order was a flagrant violation of Family Code sec. 217 and California Rule of Court 5.119. The statute, which became law on January 1, 2011, and the court rule, which took effect on July 1, 2011, guarantee all family court litigants the right to present live testimony at motion and order to show cause hearings.

"It appears that Judge Roman used reverse engineering to do an end run around the new law," Saunders added. "In other words, he knew how he wanted to rule and from there worked backwards to try and justify an unjustifiable ruling.

Unfortunately, the new law and court rule presented an obstacle to the judge. From whole cloth he created a sham legal rationale he claims justifies ignoring the requirements of section 217 and rule 5.119. This is yet another example of how brazenly many family court judges will prejudge a case, ignore the law, and manufacture a ruling to fit a predetermined outcome," Saunders charged. "With this 20-page order, the other issue that exposes Roman's prejudgment is the vexatious litigant order. With its potential for serious, Constitutional-level collateral consequences, a vexatious litigant proceeding always requires notice and a hearing with oral testimony."

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Failure to Train, Supervise and Discipline Saunders said court administrators share the blame for Roman's conduct. "This ruling again exposes a complete failure by court administrators to properly train, supervise and discipline family court judges," he said. In his own family court case in 2010, Saunders successfully obtained an order from a neutral, third-party judge formally disqualifying family court Judge Matthew Gary. The outside judge - from San Joaquin County Superior Court ordered Gary removed for misconduct, including failing to follow proper contempt of court procedures after having Saunders arrested and forcibly removed from his courtroom by multiple bailiffs. "Court administrators did nothing, even after an independent, outside judge made it clear Gary was a rogue judge with anger-management issues," Saunders said.

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"Judge Roman's order is a similar situation, with the added inference that a full-time judge is doing a favor for a part-time judge, Charlotte Keeley," Saunders continued. "I don't know what else would explain such a brazen disregard of established law. The order is unlawful, void on its face, and inevitably will create more, but completely unnecessary litigation in this case in both the trial and appellate courts. Most Family Court judges are either rookies breaking in, or screw-ups spending time in purgatory," Saunders explained. "They're inherently thinskinned and rarely admit to mistakes. The odds are slim that Judge Roman will admit to the errors in this 20-page debacle. This proceeding was, and will continue to be a complete waste of taxpayer funds at a time when the courts claim to be starved for funding. And, by the way, we pay Judge Ramon $170,000 per year for work like this."

To justify issuing the order without a hearing, at page six of the ruling Roman invoked a local court rule, Code of Civil Procedure section 2009, and Family Code section 210.

On page 19, Roman also cited California Rules of Court rule 3.1306(a) "in conjunction with rule 5.21" as his legal rationale for denying Cal. Rule of Court rule 5.119 requires judges to permit live testimony. the parties their day in court.

"Nice try," Saunders scoffed. "Roman is using antiquated law and a local court rule that all are clearly superseded by [Family Code] Section 217 and Rule 5.119. Both laws give family court litigants the right to present live testimony at a court hearing unless the judge - at the hearing - denies the request based on a finding of good cause. It is self-evident that the right can't be invoked if the judge vacates the hearing and mails out an order filed the day before the hearing."

Ruling May Constitute Improper Governmental Activities and Trigger State Auditor Scrutiny

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The violation of Family Code section 217, state court Rule 5.119, and both the statutory and decisional law governing vexatious litigant determinations potentially exposes Judge Roman to an improper governmental activities investigation by the California State Auditor. Sacramento Family Court has been in hot water with the state auditor before. A 2011 audit disclosed problems with training and supervision of family court mediators, custody evaluators and minors counsel. As SFCN reported last year, violation of a state statute or state court rule is, by law, an improper governmental activity in the same category of offenses as corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property and willful omission to perform duty, according to the California Whistleblower Protection Act. However, Saunders pointed out that the chances of Roman being held accountable for the violations are slim-to-none. "Judges in California are untouchable. Like Roman did in this case, judges can simply flip-the-bird at the law. It is not hyperbole to say they are literally above-the-law.

The State Auditor, Commission on Judicial Performance, Judicial Council and local court administrators will all turn a blind eye," Saunders predicted. "The reason we have an overabundance of incompetent judges is because meaningful oversight of judge misconduct is nonexistent in California."

Promising later posts analyzing the 20-page statement of decision, Sacramento County Family Court News in-house legal analyst PelicanBriefed declined to opine on the decision.

"There is so much wrong with this ruling that it will take me several posts to unravel and do justice. I Court Employees Are Now Protected by the Whistleblower Protection Act will say that it appears Judge Roman assumed that if he put a lot of footnotes into the ruling, no one would notice his erroneous rationale for not holding a hearing, nor his blatant disregard of the legislative intent behind Family Code section 217 and Rule 5.119. And not allowing a hearing before declaring a party a vexatious litigant is unheard of. For now, let's just say that this ruling may be an example of why Judge Roman was passed over for elevation to the Court of Appeal."

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