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

Fleas from underground black rats almostevolve, 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 theinsist on a better solution and are willing
courts of California, where private judgesto operate outside the system to create
are at work undermining the state's courtit...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 overand  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 judgessending big numbers of referrals to these
has heated to the boiling point in recentprivate judges. According to a scathing
years. Government analysts and the media havearticle by Michael Hiltzik, in the Los
expressed increasing alarm that a doubleAngeles 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, admitsCalifornia law is unique. It allows a layman
that such a "NEW SYSTEM" does in fact existattorney to conduct actual trials. Once a
and its powerful influence is rapidlystipulation 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 andauthority  over  private  judges.
special interest groups that work with the
legislature. On the website promoting herThe metamorphosis is now complete. In the
book (ironically titled), "How to Avoid theblink of an eye and without scrutiny, a
Divorce from Hell", Talia states that such anprivate attorney takes on the power of a
underground system "is currently and quietlySuperior Court Judge. Now, they have the
solving the problems of thousands ofpower 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 beendisfavored litigant caught in the NEW SYSTEM,
sworn in as a judge in California or anythere  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 Judgejudges are businessmen. They are in it for
for Hire. Talia describes her practice asthe 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 andrich clientele reside. Talia for example, has
presides over "hearings" in a mock courtroompositioned herself in the wealthy San
she has set up in her private chambers. SheFrancisco Bay area communities of Danville,
cloaks herself in this revered garmentand exclusive Blackhawk. These well healed
without having been bestowed the honor of anests create hundreds of millions of dollars
public trust. Like all of her covertfor 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 asystem  "evil".
set of procedural standards. Despite standing
court orders requiring it, often no courtThere 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 highretribution and revenge. A Judge who holds
powered wealthy men who want to get theabsolute authority in a courtroom with no
advantage in the divorce arena. In her thirtyaccountability is afforded a dangerous amount
years as an attorney, she has collected aof power. The lure of taking on the robe of
cadre of friends and collaborators whothe Grand Inquisitor, with the promise of
satisfy the customer by skewing custodylucrative referrals, may be difficult for
evaluations and termination of familysome  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 totoo long, it will be too late.



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