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Abuse of Discretion: May 22, 2013: DATELINE: NOT SO MUCH!
The above is Judge Gregory Pollack, the judge DATELINE managed 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.
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"
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"
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!
One divorce, (filed in 2007 but still no trial date) and the Court of Appeal doesn't merely reverse, but dings two Riverside 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.
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!
One divorce, (filed in 2007 but still no trial date) and the Court of Appeal doesn't merely reverse, but dings two Riverside 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.
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.