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15 September 2013

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Attorney Richard Sokol Fraud on the Court: Sworn Temporary Judges Richard Sokol and Elaine Van Beveren Engage in Historical Revisionism Part 1

JUDICIAL MISCONDUCT

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Judge Pro Tem Divorce Lawyer Richard Sokol Caught on Transcript Making Demonstrably False Claim About Illegal Arrest of Indigent, Disabled Litigant

JUDGE PRO TEM (49) ATTORNEY MISCONDUCT

(35) MATTHEW J. GARY (33) FLEC (28) SCBA (22)

The Historical Revisionism of Sworn Temporary Judges Richard Sokol and Elaine Van Beveren - Part 1 A Special News and Analysis Series by Pelican Briefed

ARTS & CULTURE (21) CHILD CUSTODY (21)

One form of historical revisionism is the “illigitmate distortion of the historical record such that certain events appear in a more or less favorable light,” according to Wikipedia. The distortion of history to deny historical crimes is sometimes called negationism.

Historical revisionism is often associated with after-the-fact justifications for, or denial of war crimes, such as the Holocaust and the Armenian Genocide. Some countries have laws making it a crime to disseminate revisionist material, such as Holocaust denial propaganda.

Revisionist tactics include deception, denial and trivialization.

A court reporter transcript obtained by Sacramento Family Court News shows that the same tactics have recently been used in Sacramento Family Court by judge pro tem attorneys Richard Sokol and Elaine Van Beveren. Van Beveren currently also is an officer of the Sacramento County Bar Association Family Law Executive Committee. The transcript records Sokol and Van Beveren disseminating subtle and overt falsehoods, deceptions, denials and trivializations about the unlawful 2009 assault and arrest of indigent, disabled litigant and family court watchdog Robert Saunders, in the courtroom of Judge Matthew Gary. Both Sokol and Van Beveren were eyewitnesses to the incident. In April, 2012 SFCN published an in-depth, investigative report on the debacle and subsequent events, including the vindication of Saunders by two outside, independent judges. Click here to read our report.

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

The vindication, however, implicated both Van Beveren and Sokol for failing to report or otherwise take corrective

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) COLOR OF LAW SERIES

(11) CONFLICT OF INTEREST

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

(11) JAIME R. ROMAN (10)

action for Gary's misconduct. As sworn temporary judges, the two attorneys are bound by Canon 3D(1) of the Code of Judicial Ethics - the ethical rules for judges - which requires them to "take or initiate appropriate corrective action" when they know of misconduct by another judge. The rule is a critical, self-policing component of the Code, intended to keep judge misconduct in check. Both Van Beveren and Sokol witnessed Gary's misconduct, and both got away with doing nothing, a violation of Canon 3D(1).

Now, four years later, recent proceedings in the case suggest that the judge pro tem attorneys are attempting to cover up their own prior misconduct and discredit the victim of Gary's actions by rewriting the history of the case.

Their strategy involves influencing the current judge assigned to the case through the use of false statements and omissions of material facts about the original incident, and other unethical tactics. The case was, and continues to be a definitive example of rampant family court corruption and the cronyism between private sector attorneys who also hold the office of temporary judge and are contracted to run the court's settlement conference program, and full-time Sacramento County Superior Court judges, according to family court reform advocates.

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) CONTEMPT (5) THADD BLIZZARD (5)

Richard Sokol of the family law firm Sokol & Bristow LLP was recorded on transcript making a number of demonstrably false statements, including this one, about the 2009 assault and arrest of Robert Saunders by Judge Matthew Gary and courtroom bailiff J. Strong. Judge Thadd Blizzard has yet to report Sokol's misconduct as required by Canon 3D(2) of the Code of Judicial Ethics.

FAMILY LAW FACILITATOR

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

In the first installment of this series, SCBA Family Law Section attorney and judge pro tem Richard Sokol is caught on transcript making the demonstrably false claim that Gary “didn’t have [Saunders] arrested; he had him taken from court.” Sokol’s claim is contradicted by court records, including the arrest report of Gary’s courtroom bailiff and Sacramento County Sheriff’s Department Deputy J. Strong.

“J. Strong #423 was ordered by Judge Matthew J. Gary…to take Robert Saunders into custody for contempt of court. Deputy Strong advised [Saunders] that he was under arrest,” reads the police report.

The court reporter transcript with Sokol’s falsehood, along with the report of Deputy Strong are posted below. Under state attorney ethics law, including Business & Professions Code section 6106, Sokol’s affirmative misrepresentation is an act of moral turpitude and “constitutes a cause for disbarment or suspension” from the practice of law. Virtually any form of attorney dishonesty or deception, including a half-truth, or the omission of material facts, is the equivalent of an outright lie, according to the State Bar. In addition, an attorney who intentionally deceives a court or any party is subject to misdemeanor criminal prosecution under Business and Professions Code § 6128.

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California Lawyer Magazine Courthouse News Service California state law designates deceit by an attorney intended to deceive a court as a misdemeanor crime. Court watchdogs assert that the law goes unenforced in family court proceedings.

For other State Bar references defining and prescribing the punishment for Sokol's misleading statement, visit the SFCN Attorney Misconduct page. Click here. Sokol made several additional demonstrably false statements at the same court hearing. Click here to view other articles in this series.

For additional reporting about the people and issues in this post, click the corresponding labels below the document.

J. Richard Sokol Moral Turpitude False Statement in Court - Sokol by Sacramento Family Court News

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Labels: ANALYSIS, ATTORNEY MISCONDUCT, ELAINE VAN BEVEREN, FLEC, JUDGE PRO TEM, MATTHEW J. GARY, NEWS,

REVISIONISM SERIES, RICHARD SOKOL, ROBERT SAUNDERS, SCBA, THADD BLIZZARD

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Sacramento Family Court News Investigative Reporting, News, Analysis, Opinion & Satire HOME

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25 October 2013

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Divorce Lawyer J. Richard Sokol Misconduct: Caught in Cover Up of Judge Matthew Gary Abuse of Authority-Illegal Arrest Order, Engages in Historical Revisionism - Part 2

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Judge Pro Tem Lawyer Richard Sokol Gives False Testimony, Blames Victim for Judge Matthew Gary Misconduct and Abuse of Disabled, Unrepresented Pro Per Litigant The Historical Revisionism of Sworn Temporary Judges Richard Sokol and Elaine Van Beveren - Part 2 A Special News and Analysis Series by Pelican Briefed

JUDGE PRO TEM (49) ATTORNEY MISCONDUCT

(35) MATTHEW J. GARY (33) FLEC (28) SCBA (22) ARTS & CULTURE (21) CHILD CUSTODY (21) PETER J. McBRIEN (20)

A court reporter transcript obtained by Sacramento Family Court News records divorce attorney Richard Sokol making demonstrably false statements at a court hearing before Judge Thadd Blizzard. Sokol's apparent motive was to demonize and discredit the opposing party in a family court child custody dispute. Sokol is a Sacramento County Superior Court sworn temporary judge and Sacramento Bar Association Family Law Section member.

Sokol is caught on court reporter transcript giving a false account of a This is Part 2 of our series "The Historical Revisionism of Sworn Temporary Judges prior court hearing before Richard Sokol and Elaine Van Beveren." To view Part 1, click here. controversial Judge Matthew Gary in the same case. At the previous hearing, Gary had Robert Saunders, the unrepresented, pro per opposing party, arrested and jailed for contempt of court. Saunders also was charged with resisting arrest by Gary's courtroom bailiff, Sacramento County Sheriff's Department Deputy J. Strong. As Sacramento Family Court News reported in 2012, two outside, independent judges who later reviewed the incident found that Gary was at fault, and cleared Saunders of all charges. Gary was involuntarily disqualified, and banned from hearing further proceedings in the case by San Joaquin Superior Court Judge Xapuri Villapudua.

To continue reading, click Read more >> below:

More than three years later in open court, judge pro tem lawyer Richard Sokol gave a fabricated dramatization of

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) COLOR OF LAW SERIES

(11) CONFLICT OF INTEREST

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

(11) JAIME R. ROMAN (10)

LAURIE M. EARL (10)

the incident to Judge Thadd Blizzard: "I was within one foot of the -- of Mr. Saunders. He was acting out of control. The judge asked him no fewer than five times to leave. It was over; he refused to leave. If anybody wants to talk to the bailiff, who was finally standing next to him saying, come on, it's time to go. He started wrestling with that bailiff. Another bailiff had to come from another court, leaped across the table to pin him down. This was a fight in court, caused not by Judge Gary, and Judge Gary correctly had him removed," Sokol claimed to Blizzard.

NO CONTACT ORDERS (10) SHARON A. LUERAS (10) WHISTLEBLOWERS (10) CARLSSON CASE (9)

In reference to the subsequent review and disqualification by Judge Villapudua, Sokol also falsely claimed that Gary did not file a response to the request for disqualification filed by Saunders, and that that was why Gary was disqualified by Villapudua. "The problem is that he, Judge Gary, did not file a responsive thing to his filing down the road," Sokol lied. To view Gary's "responsive thing," filed in Sacramento County Superior Court, click here.

RAPTON-KARRES (9)

Sokol likely had a second motive for giving a false account of the incident: The subsequent vindication of Saunders implicated Sokol for failing to report or otherwise take corrective action for Gary's misconduct. As a sworn temporary judge, Sokol is bound by Canon 3D(1) of the Code of Judicial Ethics - the ethical rules for judges - which requires all judge pro tems "take or initiate appropriate corrective action" when they know of misconduct by another judge. The rule is a critical, self-policing component of the Code, intended to keep judge misconduct in check.

Sokol was an eyewitness to Gary's misconduct and did not report the incident, a violation of Canon 3D(1).

JESSICA HERNANDEZ (8)

CHRISTINA VOLKERS (8) FERRIS CASE (8)

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) Judge pro tem attorney Richard Sokol falsely claimed that Judge Matthew Gary did not submit a response to a disqualification challenge filed by disabled family court litigant Robert Saunders.

Now, four years later, recent proceedings in the case suggest that one of Sokol's objectives is to cover up his own prior misconduct and discredit the victim of Gary's actions by rewriting the history of the case. The strategy involves influencing the current judge assigned to the case through the use of false statements and omissions of material facts about the original incident, and other unethical tactics. The case was, and continues to be a definitive example of rampant family court corruption and the cronyism between private sector attorneys who also hold the office of temporary judge and are contracted to run the court's settlement conference program, and full-time Sacramento County Superior Court judges, according to family court reform advocates.

The court reporter transcript memorializing Sokol’s falsehoods, along with the accurate account of what occurred are posted below. Under state attorney ethics law, including Business & Professions Code section 6106, Sokol’s affirmative misrepresentations are acts of moral turpitude and “constitute a cause for disbarment or suspension” from the practice of law. Virtually any form of attorney dishonesty or deception, including a halftruth, or the omission of material facts, is the equivalent of an outright lie, according to the State Bar. Sokol also omitted from his testimony the material facts that two outside judges found Saunders innocent of the charges against him. In addition, an attorney who intentionally deceives a court or any party is subject to misdemeanor criminal prosecution under Business and Professions Code § 6128.

CANTIL-SAKAUYE (3) MIKE NEWDOW (2)

WE SUPPORT Electronic Frontier Foundation First Amendment Coalition Californians Aware

LAW BLOGS WE LIKE Family Law Professor Blog Law Librarian Blog Law Professor Blogs Thurman Arnold Family Law Blog Kafkaesq Above the Law The Divorce Artist

LEGAL NEWS & INFORMATION

California Lawyer Magazine An attorney who intentionally deceives a court or any party is subject to misdemeanor criminal prosecution under California law. Family court reform advocates charge the law is routinely violated by attorneys, and goes unenforced by judges, prosecutors, and California State Bar Chief Trial Counsel Jayne Kim.

For other State Bar references defining and prescribing the punishment for Sokol's misleading statements, visit the SFCN Attorney Misconduct page. Click here. Sokol made several additional demonstrably false statements at the same court hearing, but has never been held accountable for the misconduct. Click here to view other articles in this series.

Click to visit Sacramento Family Court News on: Facebook, YouTube, Google+, Scribd, Vimeo, and Twitter.

For additional reporting about the people and issues in this post, click the corresponding labels below the document.

Richard Sokol divorce attorney Sacramento caught on transcript making false statements and other acts of mo... by M.P. Roberts

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REVISIONISM SERIES, RICHARD SOKOL, ROBERT SAUNDERS, SCBA, THADD BLIZZARD

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