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