LOS ANGELES, Dec. 20, 2010 /PRNewswire-USNewswire/ -- An exclusive Full Disclosure Network® Report reveals that Presiding Superior Court Judge Elihu Berle has reassigned a controversial contempt of court case to Judge Robert H. O'Brien. The case involves former U.S. Prosecutor, Richard I Fine, Ph.D. who was held for eighteen months in "solitary Coercive Confinement" by Superior Court Judge David P. Yaffe who resigned after admitting, on the court record, he had not disclosed taking illegal payments from L A. County, a party to the case: http://blog.fulldisclosure.net/2010/12/l-court-shake-up-in-richard-fine-case.html
JUDGES PROHIBITED FROM TAKING ILLEGAL PAYMENTS
State law, the California Constitution and the Judicial Canons of Ethics prohibit Judges from taking illegal payments from Counties (Sturgeon v County of Los Angeles) (Cal. Ct. App. - Oct. 10, 2008) This is the first time the conflict in law and practice has surfaced publicly and could pose Judicial staffing problems as illegal county payments continue to flow to all Los Angeles Judges. http://fulldisclosure.net/Documents/sturgeon-v-losangeles-ruling.pdf.
1st REPLACEMENT JUDGE RECUSES
Superior Court Judge Ann I. Jones was appointed to succeed Judge Yaffe in Department 86 (Writs and Receivers) in October 2010. However, she promptly recused herself from the case (Marina Strand Colony II Homeowners Association vs. County of Los Angeles) ten days after Dr. Richard Fine filed a December 6, 2010 motion to "Null and Void" all of Yaffe's Orders in the case.
WILL JUDGE O'BRIEN RECUSE TOO?
Known for his courage, Judge Robert O'Brien once ordered the shut-down of the California government when he ruled the California Legislature could not be paid until a budget was in place. Ironically, Dr. Richard Fine represented the plaintiff in that case Howard Jarvis Taxpayers vs. Connell that was combined with another case White vs Davis when before the California Supreme Court upheld his Order in 1999.
RICHARD FINE'S RESPONSE
When contacted for a reaction following the Recusal and Reassignment of his case, Dr. Fine replied, "Now the County and the Judges are under an obligation to disclose any payments by the county to the Judges."
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