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

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




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