| Fleas from underground black rats almost | | | | evolve, promoted by the forward-thinking |
| brought down the human race in the dark ages. | | | | lawyers, mediators, and individuals who |
| A similar infection is spreading through the | | | | insist on a better solution and are willing |
| courts of California, where private judges | | | | to operate outside the system to create |
| are at work undermining the state's court | | | | it...the beauty of such an underground system |
| system. The plague is spreading rapidly. | | | | is that it builds its own success, creating a |
| | | | track record of better results, lower cost, |
| Initially touted as a solution to an over | | | | and more satisfied customers." |
| burdened court system, private judges are now | | | | |
| threatening to take over the system itself. | | | | THE SYSTEM'S "satisfied customers" are |
| Controversy about the use of private judges | | | | sending big numbers of referrals to these |
| has heated to the boiling point in recent | | | | private judges. According to a scathing |
| years. Government analysts and the media have | | | | article by Michael Hiltzik, in the Los |
| expressed increasing alarm that a double | | | | Angeles Times in March of 2006 titled, |
| tiered system, where wealth dictates law, is | | | | "Private Justice Can Be Yours if you're |
| already in place. | | | | Rich," these judges are carrying at least 20 |
| | | | cases at a time. |
| One such private judge, M. Sue Talia of | | | | |
| Contra Costa County in California, admits | | | | California law is unique. It allows a layman |
| that such a "NEW SYSTEM" does in fact exist | | | | attorney to conduct actual trials. Once a |
| and its powerful influence is rapidly | | | | stipulation is signed, this attorney takes on |
| expanding. | | | | the power of a Superior Court Judge. Yet, |
| | | | they are safe from the watchdog. The |
| Talia proclaims that an "underground system" | | | | Commission on Judicial Performance has no |
| is necessary to fight the bureaucracy and | | | | authority over private judges. |
| special interest groups that work with the | | | | |
| legislature. On the website promoting her | | | | The metamorphosis is now complete. In the |
| book (ironically titled), "How to Avoid the | | | | blink of an eye and without scrutiny, a |
| Divorce from Hell", Talia states that such an | | | | private attorney takes on the power of a |
| underground system "is currently and quietly | | | | Superior Court Judge. Now, they have the |
| solving the problems of thousands of | | | | power to issue court orders that are nearly |
| divorcing couples." | | | | inescapable. They cannot be removed and their |
| | | | order cannot be overturned. For the |
| Talia is not a Judge. She has never been | | | | disfavored litigant caught in the NEW SYSTEM, |
| sworn in as a judge in California or any | | | | there is NO EXIT. |
| other state. She is a hired gun for the | | | | |
| wealthy; a divorce lawyer who is making | | | | "Private judging is an oxymoron because these |
| $350-$500 an hour selling herself as a Judge | | | | judges are businessmen. They are in it for |
| for Hire. Talia describes her practice as | | | | the money." Says State Appellate Judge |
| "high end family law". | | | | Anthony Klein. Not surprisingly, these judges |
| | | | position themselves in enclaves where their |
| She dons a black magistrate's robe and | | | | rich clientele reside. Talia for example, has |
| presides over "hearings" in a mock courtroom | | | | positioned herself in the wealthy San |
| she has set up in her private chambers. She | | | | Francisco Bay area communities of Danville, |
| cloaks herself in this revered garment | | | | and exclusive Blackhawk. These well healed |
| without having been bestowed the honor of a | | | | nests create hundreds of millions of dollars |
| public trust. Like all of her covert | | | | for private judges every year. Los Angeles |
| fraternity, she has taken no oath of office. | | | | Supreme Court Judge Robert Holfern calls this |
| She is not bound by a code of ethics and a | | | | system "evil". |
| set of procedural standards. Despite standing | | | | |
| court orders requiring it, often no court | | | | There is an inherent bias in favor of the |
| reporter is present. | | | | person who holds the purse strings, and that |
| | | | bias can take the insidious path to |
| This "Judge's" niche is servicing high | | | | retribution and revenge. A Judge who holds |
| powered wealthy men who want to get the | | | | absolute authority in a courtroom with no |
| advantage in the divorce arena. In her thirty | | | | accountability is afforded a dangerous amount |
| years as an attorney, she has collected a | | | | of power. The lure of taking on the robe of |
| cadre of friends and collaborators who | | | | the Grand Inquisitor, with the promise of |
| satisfy the customer by skewing custody | | | | lucrative referrals, may be difficult for |
| evaluations and termination of family | | | | some to refuse. |
| support. | | | | |
| | | | History has taught us more than once that |
| Talia explains how THE SYSTEM works: | | | | when a system is infected, it is not long |
| | | | before the entire system crumbles. If we wait |
| "...an underground system will have to | | | | too long, it will be too late. |