Ex-lawyer jailed 14 months, but not charged with a crime

reply to post by ogbert

He is also saying in the pleadings that the Supreme Court of California was late in filing their own motion to dismiss and that his disbarment should be reversed. Hopefully, he regains his practice. This guy could become a cultural hero.

Actually, in my humble opinion, disbarment may be the best thing that ever happened to this genuine hero. Being disbarred means this man has had his license and membership to the American BAR Association revoked. BAR stands for British Accreditation Registry and has no place in American jurisprudence. I know of no valid reason why lawyers should be required to obtain a license in order to practice law. It is not as if they are handling toxic waste materials, even if much of the legislation on the books is odious and repugnant. Licensing schemes are methods of granting a privilege to do something that would otherwise be illegal to do, and the licensing of lawyers has created an environment where people are told they have no right to defend themselves when accused of a crime. Fine would be better off using this experience to lecture and teach the law, to those who need to learn it the most, the unlicensed people who simply want to be free.

reply to post by Jean Paul Zodeaux


Yaffe is in charge of a lucrative racket then. Receivers often are entitled up to 25% of what they collect, so I imagine there are some nice kickbacks to be had by a judge who is in a position to steer business to certain recievers.

It would be interesting to see who is paying for the honorable judges home renovations and remodelling and what rates he gets from contractors and vendors when making major purchases.

Chances are he is having kickbacks funnelled to him through some back channel method like that.

reply to post by Jean Paul Zodeaux


Most lawyers are Esquires which is on step below a Knight on the English Nobility Chart.

Modern Law is based on Templar Law established in the 11th Century in London by the Templar Knights which is based on Roman Law.

Having noble class citizens of the Realm administer our justice system is one of the ways England and Rome have managed to ensure a level of control over the United States even while otherwise maintaining the illusion of freedom of the United States.

When one reads the Treaties of Paris and Ghent ending the Revolutionary War and War of 1812, it does become rather obvious that we did not win independence but just the right to incorporate under different management.

England though has maintained behind the scenes control of our money and political and judiciary process on behalf of Rome.

The more you investigate the Court System the more obvious that becomes.

Originally posted by ProtoplasmicTraveler
reply to post by ogbert

 

The problem with habitual liars is eventually they become so enamored with their ability to tell them, they loose sight of whether they are even remotely believable anymore.

Yeah, that and sometimes they start to believe their own lies, that's what makes em so good at it and a little crazy.

Always enjoy your threads and let us know when you publish your next tome.

You have a talent for expressing yourself, eloquently. oh. And do keep the pseudonymn!

[edit on 25-5-2010 by ogbert]

reply to post by ProtoplasmicTraveler


Thank you so much for pointing me in that direction. A simple addition of the keyword "homeowner" to the search engine led me to this site here:

Ironically, Richard I. Fine, a former prominent anti-trust attorney is still sitting in the Los Angeles County Central Men's Jail, in isolation, for more than 70 days. He was held in contempt of court, after he attempted to disqualify Superior Court Judge David Yaffe from sitting on a case that involved the County of Los Angeles. According to Fine , Yaffe failed to disclose to the parties in the case (Marina Strand Colony II Homeowners Association vs County of Los Angeles) that he had been receiving $46,000, on top of his State salary, from the County for years. Yaffe recently defended the practice of "coercive confinement" in contempt cases in response to a Writ of Habeas Corpus for Immediate Release filed by Fine in the Federal Court on March 29, 2009.

Here is some more from that site:

Sterling Norris of Judicial Watch had these comments regarding unearned payments to Judges and their failure to disclose.

* "There is no question that the judges should have disclosed they were receiving $46,000 from the County of L.A. , there is no way the judiciary, ethically, could get around it....""

* "$46,000 each year is not a small amount, many people don't make that much all year and this, from the County, is on top their $200,000 State salary. In California they are the highest paid court judges in the nation".

* "If (the Judges) are on the up and up, you go get a declaratory judgment (in court) saying, in spite of court consolidation, we are entitled to the money"

* "We have never seen people excused from liability retroactively"

* "There is a criminal doctrine of law that if you received money you are not entitled to, and you keep it, that is considered theft"

As to the retroactive excusing from liability:

RETROACTIVE IMMUNITY FROM PROSECUTION Judges were apparently worried about being prosecuted for criminal acts and liability for taking the unearned money. At the urging of the Los Angeles Superior Court, the California Judicial Council quietly authored a provision that was slipped into the State Budget legislation SBX 211, without public debate or awareness. This provision granted retroactive immunity from criminal prosecution to all California Judges and County officials who received or made those illegal payments of public money. Depending on who you talk to the payments are referred to as "unearned benefits" or "Judicial Benefits".

Followed by this:

Full Disclosure Network ® inteviewed Judicial Watch attorney Sterling Norris in April 2009 as part of an on going "special series" entitled Judicial Benefits and Court Corruption. We asked Norris what motivated the California Judicial Council to change the law giving retroactive immunity from criminal prosecution to the Judges and the Counties? His response was: "they would not have sponsored the legislation unless they really felt the Judges needed immunity from criminal prosecution and liability".

As to SBX 211 I am reading it now to better understand just exactly what sort of shenanigans these people are up to.

reply to post by Jean Paul Zodeaux


I agree with you on licensing; however, the man wants his credentials back, so let him have them. Even though I don't agree with the Bar; I feel that he can do us more good within the system than just being behind the scenes, for now. He is 70 years old, it's been his whole life being a practicing member of the bar.

Of, course I don't want a lawyer who "practices". I want one that performs.

reply to post by ogbert


I would never deny another person the privileges they believe they've earned. I certainly understand, given the medias proclivity towards framing this man as a kook, why he wants that of which he earned returned to him. I am merely suggesting he would do better at performing if he gave up on the idea of earned privileges and focused on what is his right.

reply to post by ziggy1706

Originally posted by ziggy1706
CA is a backwards and arrogent state. rich people have made it so lad back and ritzy, its disgusting really.

I have to approach your quote in hopes to configure it the "right" way...

LA is basically a state with-IN itself.

With that said... did you mean....

"LA is a backwards and arrogant state. Rich people have made it so laid back and ritzy, its disgusting really."


?????????????

[edit on 25-5-2010 by thegiantpeach3]

reply to post by ProtoplasmicTraveler


So..we are fighting wars in the middle east for... what was it again? Oh that's right, to bring them American and Western 'justice' and democracy.

I think they were better off as they were, if this is any indication of the type of justice were shipping over there!

I think this lawyer fellow should bring these bent judges up on human rights abuses and violations. 14 months solitary for contempt of court is not justice.

It's a gross violation and abuse of human rights, and they are abusing the legal system to implement the vindictive, and blackmail/kidnapping like incarceration of this poor bloke.

Where is Amnesty international? Where are the human rights advocates? Where are the legal and judicial oversight committees?

It is both preposterous and Orwellian if you Americans allow the corrupt amongst your judiciary to abuse the legal systems to inflict this kind of abuse on your citizenry.

It could be you, or anyone of your family who are thrown in jail to rot on trumped up excuses.
Would you want others to speak out for you, if you were sitting in this guys shoes?

I thought Americans were in favour of liberty and justice..

reply to post by spikey


Clearly you have not taken the time to read through the entirety of this thread before spewing your vitriolic anti-American rhetoric.

reply to post by Jean Paul Zodeaux


I would argue that if this man, irrespective of earned this or that, has been deemed to have committed a crime under U.S. law, he should be charged with the crime, and have his peers hear his case, and determine if he is guilty of that with which he is accused...or not.

Basically using the legal system to kidnap someone, who may or may not be a nuisance, is a gross violation of both the legal systems designed to actually protect him and everyone else, and an abuse of his human rights.

Charge him or free him.

reply to post by spikey


I would argue that you take the time to read what has happened, rather than foolishly jump in and use this thread as an excuse to cast your anti-American dispersions, only to back pedal and pretend you know what you are talking about. This man is in jail because a rogue judge who has clearly been involved in questionable dealings threw him jail for contempt of court. Please don't pretend that you are somehow setting things right with your phony self righteousness. You asked where are those Americans demanding justice, and I say I have been up all night researching this criminal judge David Yaffe, so your thoughtless remarks are not at all appreciated. If you want to help then help, or would you rather just keep attacking Americans?

reply to post by Jean Paul Zodeaux


Stick to the facts of the case in question if you please Jean Paul, not unfounded, snap accusations of my opinions of the US judiciary.

Which incidentally, is not 'American' as you clumsily insinuate, but rather an American system.

In case you haven't grasped it, 'America' is it's people, it's citizens and not it's judiciary.

Having an opinion of a particular American system, i.e. the legal system and having an different opinion of the American people, are not mutually exclusive. I can both like and admire the American people, whilst simultaneously disliking shocking aspects of certain American systems.

It's basic.

I'm surprised you couldn't grasp it.

ETA:

You are correct inasmuch as i haven't read this entire thread, or researched this particular case in detail, i didn't need to.

The fact that a senior citizen, who has rights under both American and international law, is thrown into prison, without trial by a jury of his peers, without a crime being proven against him, for 14 MONTHS, living in desperate conditions at his place of detention, speaks volumes to me.
If the US justice system was the shining pinnacle of virtue America would have the world believe, this travesty would never have occurred. At the very least, it would have been nipped in the bud as it were, and rectified LONG before this guy had spent any real time in prison...but it has not, has it.

What else is there to know? This is not justice. It appears you agree with that assertion, so it's a little unclear to me, as to why you are apparently arguing with me...but each to their own.

If you have been up all night as you claim, perhaps you should get some rest, as you may be less likely to make rash and incorrect judgments (no pun intended) of my intentions or beliefs.



[edit on 25/5/2010 by spikey]

reply to post by spikey

Where is Amnesty international? Where are the human rights advocates? Where are the legal and judicial oversight committees?

Had you bothered to read through this thread, rather than make your snap judgments, and followed the links provided, you would know that there is a judicial watch well aware of David Yaffe's outrageous behavior and has been the case of Fine's imprisonment for as long as Fine has been in jail.

I thought Americans were in favour of liberty and justice..

This is from your original post. Read it and consider your words carefully before continuing to pretend that you've added anything of value to this thread. You clearly have no intentions of helping Fine, and while you prance and preen, pretending you are enlightened, all you have done is attack, and let's be clear here, your smarmy last post was certainly an attack on me, and I assure you your ignorance will not do you any service in this matter.

reply to post by Jean Paul Zodeaux


I refer you to my above edit.

However, i would advise you to re-read your responses to me, before demonstrating what amounts to crass hypocrisy in your overt and rather disturbing personal attacks on me. If anything, i have been nothing but cordial to you, whereas you on the other hand have demonstrated aggression, vitriol and baseless attacks on my person, which considering all you have to go on is a few lines of text, is surprising to say the least.

I hope you don't do the victim of this miscarriage of justice more harm than good with your apparent antisocial rhetoric and pomposity of phrase.

To address the points you had quoted/raised;

Had you bothered to read through this thread, rather than make your snap judgments, and followed the links provided, you would know that there is a judicial watch well aware of David Yaffe's outrageous behavior and has been the case of Fine's imprisonment for as long as Fine has been in jail.

Again, i refer you to my above edit, but to add..if indeed the judicial watch you speak of have been involved with this case from the outset, i for one, find them to be ineffective and or legally impotent purely from the perspective of the extreme length of time this has been allowed to continue. 14 months...is absurd...what exactly are they doing? Asking nicely!?
ATS is the only place i have seen this issue mentioned...and i get around the net quite a bit..the people 'watching' this, are not exactly highlighting the issues on the world stage are they!

You clearly have no intentions of helping Fine

Oh? How do you know what my intentions may or may not be? Forgetting me or my I would advise against making baseless and judgmental assumptions regarding what people you have never met or even conversed with intend to do, or otherwise.

and while you prance and preen, pretending you are enlightened, all you have done is attack

On the contrary, i consider myself neither 'enlightened' as you put it, nor in the dark, but an average reader of threads and topics posted to an internet forum, to which i sometime reply, offering an opinion i may have held for a number of years, or thoughts that are provoked from reading the OP.

This is the whole ethos and reason for ATS, this is what we do as members, which incidentally, we are supposed to be able to do, without the kind of sanctimonious, aggressive and insulting language you have aimed in my direction.

If you don't agree with what i say, that's fine by me...but at least pretend to be civil, even if your are not in reality...which i think you'll find is a major component of ATS's terms and conditions for membership.


I'll not go over your last few posts to highlight your rudeness and basically insulting language, anyone reading through these posts will see that for themselves.

reply to post by ziggy1706


First of all I agree with the general public that this is over the top and the man should be released, his contempt of court accusation and followiong imprisonment is unwarranted and ugly...but please refrain from badmouthing a state you probably never lived in...as an ex california resident for 10 years California has alot to offer the united states and they are definitly far from lazy...California is not a rich state and has contributed tons of effort in making renewable resource energy and appealing many ridicualous laws that our forefathers have instituted, California is actually one of the most free states in our great nation, even though they do have their drawbacks, please remain from posting ignorant statements without any kind of evidance...maybe you should visit Cali and see what she has to offer...by the way where are you from??? take a look at your own states politics before downing another one please

I have been casually observing this case since last summer. There has been some very high quality research done in this thread. Very interesting facts dug up so far.

The most glaring fact so far; Lawyer brings suit towards LA County, compels the judge to recuse himself due to the fact he receives $46K yearly from the entity he is supposed to judge against. The judge manages to finagle legislation and obscure legal practices in order to judge unconstitutionally against the plaintiff, meanwhile he is legitimately in bed with the defendent. That is an egregious conflict of interest. Yaffe is the one who needs to be disbarred.

It would seem to me that this wasn't his only side job. Just think, how many other deals are in place? The judge obviously has influence, and ruthless enough to disregard what his true role should be.

reply to post by Jean Paul Zodeaux


I love the comment about Immunity is not granted, when no crime has been committed.

At the very least, Yaffe is supremely unethical, more likely he is corrupt as sin.

I have a question, though. Is there anything indicating a blind trust? I do believe that is how public servants can do these kinds of things and still be legal about it.

Originally posted by dfens
reply to post by Jean Paul Zodeaux

 

I love the comment about Immunity is not granted, when no crime has been committed.

At the very least, Yaffe is supremely unethical, more likely he is corrupt as sin.

I have a question, though. Is there anything indicating a blind trust? I do believe that is how public servants can do these kinds of things and still be legal about it.

I am not sure what you mean by blind trust, unless you are saying that the public so blindly trusts their public servants that it doesn't even occur to them that these public officials are acting illegally. As to an official acting criminally and it still being legal, no such thing exists. As the link to SBX 211 suggests, in this particular instance there is legislation that seeks to protect criminality but such a thing is quite simply illegal. Neither legislatures, nor executive branch members, nor the judiciary can act under color of law, they can not simulate legal process, and they can not maliciously prosecute without committing a crime. Many people don't understand this, but thanks to the tireless efforts such as Proto and others, that ignorance is being stripped away, as more and more people come to remember the inherent political power they hold, and begin to take their government back and hold the usurpers accountable.

Originally posted by 933K5T4R
reply to post by ziggy1706

 

First of all I agree with the general public that this is over the top and the man should be released, his contempt of court accusation and followiong imprisonment is unwarranted and ugly...but please refrain from badmouthing a state you probably never lived in...as an ex california resident for 10 years California has alot to offer the united states and they are definitly far from lazy...California is not a rich state and has contributed tons of effort in making renewable resource energy and appealing many ridicualous laws that our forefathers have instituted, California is actually one of the most free states in our great nation, even though they do have their drawbacks, please remain from posting ignorant statements without any kind of evidance...maybe you should visit Cali and see what she has to offer...by the way where are you from??? take a look at your own states politics before downing another one please

California one of the freest states LOL!!!! I grew up and lived most of my life in CA and it is one of the most over regulated states in the union that is why it is collapsing under its own weight. It used to be one of the richest states but is now bankrupt because socialist government intervention has run it into the ground! It is a shinning example of where socialism leads to! They have driven business and freedom lovers including myself from the state with all thier socialist government intervention and have ruined a beautiful state. I left over 10 years ago to get away from it and people are leaving in droves because of it!

Maybe someday after it finishes collapses and all the socialist leave I might return there... But I am not holding my breath.

[edit on 25-5-2010 by hawkiye]