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The Black Plague In California - Private Judges And The New Court System

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



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