Abuse of Discretion

Sometimes abuse of discretion involves media.  It’s good for the public to know California Democratic party leaders have teamed with Parole and Probation to convince media to air features, detailing ineffective, GPS; instead of effective, real-time GPS – featuring straps that can’t be cut off.  We can only surmise media wants to assist Parole and Probation boost their efforts for increased hiring.  As such, media plays a role in the continuing murders.  We feel outlets that do so should have their broadcast license revoked, and have made formal requests regarding the issue.

In our experience, few attorneys file against county social service agencies involving children.  Good news for parents:  Mark Ankcorn filed in Riverside, after Riverside social services personnel decided to snatch a newborn from their mother, with no prior record, no drug abuse, and no mental problems. If you have been targeted by social service agencies, contact Mark at 619-870-0600.  Or via his firm, here.

Hint:  In the 14 years we’ve operated this site, we have received thousands of emails.  As parents are often stressed to the max, they sometimes forget to include the name of key personnel directly impacting their life.  So they often write, “The social worker told us”  etc. without identifying the social worker by name.  So please remember to include your case number and the the name of individual with the county you are dealing with should you contact us, or any attorney.  

Abuse of Discretion:  

August 15, 2013
Vista Court  – OceansideCourt of Appeal confirms:  Judge Pollack, still an idiot!

Likely it was Judge Pollack’s demeanor towards Crystal Harris, along with this order regarding her attacker, “As soon as Shawn is released from prison, reunification between the children and Shawn shall occur before Shawn completes any domestic violence classes or participates in any individual therapy,” that got the attention of the judges at the Court of Appeal.  Details below.  It is impossible to over-state how misogynistic this judge is. Attorneys who allow a litigant before this judge are likely guilty of malpractice. Happy the Court of Appeal found Judge Pollack abused his discretion.

Abuse of Discretion:  

August 8, 2013
Vista Court  – Oceanside

Judge Jacqueline Stern – wipes out jury award because victim of police harassment (later fired) didn’t cry.  (We are Not making this up.) In an 11-to-1 vote, jurors found that then-Oceanside police Officer Gil Garcia sexually harassed his coworker, Kimberli Hirst, after a four week trial.  The jury awarded Hirst $1.5 million and found the city of Oceanside liable because the harassment happened on the job. (This was not the first time Oceanside was sued for harassing women police officers. It was the first non-confidential award.)  Stern wrote:  “Stern wrote the victim’s testimony about her harassment “appeared staged at times.”Stern wrote, “(she) cried numerous times during her trial testimony, but admitted that when she eventually discussed the harassment four years ago (when it happened) she did not cry.” Thus, Judge Stern decided Hirst was “not credible.”May 22, 2013:  DATELINE:  NOT SO MUCH!

The above is Judge Gregory Pollack, the judge DATELINEmanaged to avoid identifying throughout their entire broadcast of May 22, 2013.  Details here.

“Abuse of discretion” is the favored legal tool used by judges to exercise their illegal bias.  It continues because attorneys counsel clients to “wait” rather then file an appeal.  However the above photo of San Diego Judge Gregory Pollack, inspired a new law after he awarded spousal support to a rapist ex husband.

As of July 26, 2012, Pollack was gamed, and had to recuse himself.  On August 23rd. 2012, the legislators saw to it Crystal Harris prevailed.  Eventually, Pollack was removed from family to civil court.

San Francisco’s version of Judge Pollack, is  Ron Albers.  
Los Angeles judges?  Oy vey.

We don’t mean to pick on California.  Lets visit Texas.  Texas Judges features a boatload of multiple choices ranging from crazy, arrogant, crooked, or a all of the above.  Click here.  No waiting!What defines abuse of discretion?  (We mean other than Judge Pollack, who on November 6, 2012 was finally forced out of the Harris case.)

California Courts reference abuse of discretion often enough.

“An abuse of discretion when in light of all applicable law and considering all relevant circumstances, the court’s ruling exceeds the bounds of reason.”
(North American Capacity Ins. Co. vs. Claremont Liability Ins Co (2009) 177 Cal.App.4th, 272, 285

In Marriage of Carter (1971) 19 Cal.App.3rd. 479, 494; or 

Shamblin v. Brattin (1988) 44 Cal 3rd 474, 478.

Discretion is abused whenever the courts exceeds the bounds of reason, all of the circumstances before it being considered (Denham vs. Superior Court  1970 2. Cal.3d  557, 556)
Think common sense.  Don’t think Judge Gregory Pollack.

Recent:  12-4-11:  Not one, but Two Abuses of Discretion, at least according to the Riverside Court of Appeal. 

12-3-11 San Diego:   But first, where did Judge Gregory Pollack come from?  Higgs Fletcher Mack.  Thanks Arnold!

Is Judge Gregory Pollack striking back at Crystal Harris?

Breaking:  11-29-11: Will the San Diego Superior Court Judges continue to ignore the soon to be disbarred Patricia Gregory’s continued violations of Court Orders?  Gregory’s website once again went live.  Exactly as we predicted.

In other news above, San Diego Judge Gregory Pollack….for which there is an interesting press release making the rounds, about “integrity.”  Not mentioned in the press release?  That Judge Pollack continues bussing in the convicted felon and told the crime victim, “Well you’re no mouse.”  See below.

Bussing isn’t an abuse of discretion.  However, Judge Pollack so dislikes Crystal Harris, he continues doing everything legally possible to make Crystal Harris’s  life hard.  That’s an abuse of discretion.  Once example was the division of property.  Judge Pollack ignored a real estate expert’s opinion, and questioned the expert on the stand as if he was acting on behalf of the felon.  Why Crystal Harris’s  attorney hasn’t filed to get him off the case remains a mystery.  The man is ever bit as embroiled as gonzo judge Robert Longstreth typically is.

Abuse of discretion is the “discreet” legal method judges employ to, in some cases, exercise extreme bias, most recently in the convicted felon being bused in for family court hearings by Judge Gregory Pollack.  Who also favors immediate reunification post prison in the case of Shawn Harris.

Abuse of discretion doesn’t include the common  practice of ignoring evidence, which, although common, is far worse – as well as generally not appealed.

Abuse of discretion is generally described in Unpublished Opinions such as the case of the judge ignoring the attorney’s behavior in a probate matter, Dean vs. Dean.  However, in 2011, California’s most obvious case of long term, ongoing judicial abuse of discretion was highlighted by the Appellate Court in  Tharp vs. Tharp, in which the Appellate Court outlined long-term, systematic abuse of discretion of the lower court judge, and removed him.

In the Sacramento area, who doesn’t remember Judge Peter “Chainsaw” McBrien

Or most recently, Sacramento’s Judge Kevin McCormick whose conduct recently and inadvertently, exposed in gangland style the bias of the entire Family Court bench.  

Clearly FamilyLawCourts.com owes Judge McCormick a debut of gratitude for appearing on behalf of his wife, to testify as an “Expert” in her post divorce motions, while noting he had to leave quickly, to return to the bench. 

Earlier, McCormick had presided over the finances of Lori and John Moore during their divorce.  As the Bee reported,  “From the beginning, the Moores’ divorce case was beset with acrimony and procedural difficulties, which intensified after McCormick appeared on the scene in 2009”
 No surprise there.

After the divorce was final, Judge McCormick married the former Mrs. John Moore. Sweet!  

As an aside, that the Sacramento Bee would cover this astounds us.  Lead news editor Ken Chavez, is notorious for not identifying bad judges.  Most recently in the “Murder is right” case involving Judge James Mize.

The Bee’s long sad history of protecting deadly judges is likely to continue.

But readers should know this type of abuse is a regular occurrence in family court.  Been going on for decades, and is common throughout the entire course of litigation. 

Abuse of discretion continues however, because attorneys allow it.  Attorneys do not file appeals to challenge a judge.  More often attorneys counsel their clients to “wait.”  This is because their careers are working within the courts…whereas the client is only temporary.  So attorneys are responsible for abuse of discretion.

The only way to address judicially facilitated economic and emotional abuse continually exhibited by some family court judges is to appeal.  A second method to remove the chunks of “discretion” currently laced throughout their rulings in heavy-handed, or capricious manner, involves the legislator. 

A largely, uninterested legislature. Until legislators decide to address the problems generated by judges, these out-of-whack,  judges will continue to freely abuse family court litigants.   Former DA, now San Mateo Family Court Judge Susan Etezadi.  A reminder why DA’s make bad judges.

In the matter of Amy Papazian vs. Papazian, II, the Court of Appeal found Judge Susan Ertardi committed an abuse of discretion. The Court remedied the problem in part by remanding the case to another judge.

What’s up Riverside!

What about DA corruption in Riverside?
Okay, you expect this from Defendants.  But when the 9th Circuit talks about it, that’s News.

One divorce, (filed in 2007 but still no trial date) and the Court of Appeal doesn’t merely reverse, but dings twoRiverside Judges.  Oh.  And the attorney who bills at $500.00 an hour, also hit up his client for extras.  And as so often happens, the party causing the delay continues to prevail.

Suther vs. Suther –  E-051292

The COA found Judge Becky Dugan abused her discretion, while Judge Sherill Ellsworth merely acted improperly in striking a recusal motion.  Well, there was one other thing.  The COA said she failed to correctly interpret the law.  Oops.

The crux of the matter was a request for Ellsworth to get off the case. Judge Becky Dugan followed up in tag-team style with a $35,000.00 sanctions award.  But the conduct of both judges didn’t fly at the Court of Appeal.

Sometimes abuse is best described in what it is not.  In the case below involving cell phone picture taking and recording in the courthouse lobby, the order of the court and behavior of court bailliffs was not an “Abuse of Discretion.”  Both the judge, the “honorable” James R. Wagoner, and the bailiffs were clearly drunk on presumed power.  Unfortunately, the Commission reported Wagoner’s behavior, “constituted at a minimum, improper behavior.”  The Commission did not comment on the behavior of the bailiffs.

In reading the report, there may be no clearer example of how out-of-touch the Commission on Judicial Performance is, and remain.

How out of touch is the Commission on Judicial Performance?

So much that “abuse of discretion is not – repeat Not Listed in Discipline and Decisions, “Type of Misconduct Database” by the Judicial Commission. 
Judge Gregoy Pollack is currently bemoaning recent coverage about his rulings.  Not mentioned?  That Judge Pollack is the only Family Court judge in San Diego to bus in convicted felons for court hearings.  Judge Pollack also allowed Shawn Harris to attend the criminal defense team’s walking into the home, to video-tape it.  Although that back-fired as it sped up the trial.  Judge Pollack’s record is clear that he’s biased against a strong victm.  But that Judge Pollack hasn’t voluntarily stepped down (appearance of bias) means he’s catering to his own ego, rather than serving the interests of justice, which also means, the children.   When Crystal Harris said she would have to move from her home to pay her attacker’s bills, Judge Pollack essentially told her, “that’s tough.”

Judge Pollack is annoyed Crystal Harris’s plight was picked up by media.  See video here.  At the end, Crystal talks about GPS with Victim Notification.  Which family court judges are ignoring, although it would save lives and the city, county, and state money.

Judge Pollack is making Family Court look even worse than normal, which is kind of hard to do.

But not not be outdone – comes Jeanne Winklker, a Las Vegas attorney and former “Parenting Coach” doing business with Las Vegas Family Court judge,  Steven Jones.Content copyright 2019. Family Law Courts. All rights reserved.