| Fleas from underground black rats almost | | | | willing to operate outside the system to |
| brought down the human race in the dark | | | | create it...the beauty of such an |
| ages. A similar infection is spreading | | | | underground system is that it builds its |
| through the courts of California, where | | | | own success, creating a track record of |
| private judges are at work undermining | | | | better results, lower cost, and more |
| the state's court system. The plague is | | | | satisfied customers." |
| spreading rapidly. | | | | THE SYSTEM'S "satisfied customers" are |
| Initially touted as a solution to an | | | | sending big numbers of referrals to |
| over burdened court system, private | | | | these private judges. According to a |
| judges are now threatening to take over | | | | scathing article by Michael Hiltzik, in |
| the system itself. Controversy about the | | | | the Los Angeles Times in March of 2006 |
| use of private judges has heated to the | | | | titled, "Private Justice Can Be Yours if |
| boiling point in recent years. | | | | you're Rich," these judges are carrying |
| Government analysts and the media have | | | | at least 20 cases at a time. |
| expressed increasing alarm that a double | | | | California law is unique. It allows a |
| tiered system, where wealth dictates | | | | layman attorney to conduct actual |
| law, is already in place. | | | | trials. Once a stipulation is signed, |
| One such private judge, M. Sue Talia of | | | | this 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 in | | | | from the watchdog. The Commission on |
| fact exist and its powerful influence is | | | | Judicial Performance has no authority |
| rapidly expanding. | | | | over private judges. |
| Talia proclaims that an "underground | | | | The metamorphosis is now complete. In |
| system" is necessary to fight the | | | | the blink of an eye and without |
| bureaucracy and special interest groups | | | | scrutiny, a private attorney takes on |
| that work with the legislature. On the | | | | the power of a Superior Court Judge. |
| website promoting her book (ironically | | | | Now, they have the power to issue court |
| titled), "How to Avoid the Divorce from | | | | orders that are nearly inescapable. They |
| Hell", Talia states that such an | | | | cannot be removed and their order cannot |
| underground system "is currently and | | | | be overturned. For the disfavored |
| quietly solving the problems of | | | | litigant 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 any | | | | these judges are businessmen. They are |
| other state. She is a hired gun for the | | | | in it for the money." Says State |
| wealthy; a divorce lawyer who is making | | | | Appellate Judge Anthony Klein. Not |
| $350-$500 an hour selling herself as a | | | | surprisingly, these judges position |
| Judge for Hire. Talia describes her | | | | themselves in enclaves where their rich |
| practice as "high end family law". | | | | clientele reside. Talia for example, has |
| She dons a black magistrate's robe and | | | | positioned herself in the wealthy San |
| presides over "hearings" in a mock | | | | Francisco Bay area communities of |
| courtroom she has set up in her private | | | | Danville, and exclusive Blackhawk. These |
| chambers. She cloaks herself in this | | | | well healed nests create hundreds of |
| revered garment without having been | | | | millions of dollars for private judges |
| bestowed the honor of a public trust. | | | | every year. Los Angeles Supreme Court |
| Like all of her covert fraternity, she | | | | Judge Robert Holfern calls this system |
| has taken no oath of office. She is not | | | | "evil". |
| bound by a code of ethics and a set of | | | | There is an inherent bias in favor of |
| procedural standards. Despite standing | | | | the person who holds the purse strings, |
| court orders requiring it, often no | | | | and that bias can take the insidious |
| court reporter is present. | | | | path to retribution and revenge. A Judge |
| This "Judge's" niche is servicing high | | | | who holds absolute authority in a |
| powered wealthy men who want to get the | | | | courtroom with no accountability is |
| advantage in the divorce arena. In her | | | | afforded a dangerous amount of power. |
| thirty years as an attorney, she has | | | | The lure of taking on the robe of the |
| collected a cadre of friends and | | | | Grand Inquisitor, with the promise of |
| collaborators who satisfy the customer | | | | lucrative referrals, may be difficult |
| by skewing custody evaluations and | | | | for 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 to | | | | not long before the entire system |
| evolve, promoted by the forward-thinking | | | | crumbles. If we wait too long, it will |
| lawyers, mediators, and individuals who | | | | be too late. |
| insist on a better solution and are | | | | |