Your rights to retain physical and legal custody of your children during divorce proceeding is compromised by California’s new ex post facto law recently passed by the California Senate. As a matter of fact, in Los Angeles County, it already is.
In California counties divorce proceedings in the past 12 years may have been “fixed” in counties where counties supplemented Judges salaries with benefits above the state mandated salary. (Under California Law, only the state may compensate judges for performance of their work. The California Constitution (Sec. 17, 19, 20) states that Judges may not receive money from other parties than their employer, the State of California, and the Legislature has the sole responsibility for setting compensation and retirement benefits.)
However California, like all 50 states and territories, receive hundreds of Billions of $$ from the federal government to run its state courts and welfare programs, including Social Security Act Title Iv-D, Child Support Iv-E, Foster Care and VAWA prevention and intimidation programs against family law litigants. The federal block grants are then given to the counties applying for the monies.
If counties have been paying judges money above state legislated salaries, then counties have been fixing cases for years by maintaining de facto judicial officers to rule in their favor. How does this affect parent’s rights? The money received in block grants is applied for by the counties based on the divorce and custody proceeding awards. For example, the more sole custody or foster home proceedings existing in the county, the more money the county is qualified to receive.
Both the US Constitution, and the California Constitution. California’s wording is even stronger than the US Constitution. Here are the direct quotes:
United States Constitution, Section 9, Article 3
“No bill of attainder or ex post facto law shall be passed.”
Constitution of the State of California – Article I, Section 9
“A bill of attainder ex post facto law, or law impairing the obligation of contracts may not be passed.”
The law in question is SBX2 11 which retroactively pardons, just about everyone involved in official activity including judges who received money for benefits from the county.
“The California Constitution requires the Legislature to prescribe compensation for judges of courts of record. Existing law authorizes a county to deem judges and court employees as county employees for purposes of providing employment benefits. These provisions were held unconstitutional as an impermissible delegation of the obligation of the Legislature to prescribe the compensation of judges of courts of record. This bill would provide that judges who received supplemental judicial benefits provided by a county or court, or both, as of July 1, 2008, shall continue to receive supplemental benefits from the county or court then paying the benefits on the same terms and conditions as were in effect on that date.”
The law also goes on to state:
“This bill would provide that no governmental entity, or officer or employee of a governmental entity, shall incur any liability or be subject to prosecution or disciplinary action because of benefits provided to a judge under the official action of a governmental entity prior to the effective date of the bill on the ground that those benefits were not authorized under law.”
Is this why attorney Richard I Fine is in a LA County Jail? For more on his story see:
Attorney Richard Fine files suit against judges http://www.dailynews.com/ci_8113733
Richard Fine, a brave and talented California attorney and United States Department of Justice Attorney http://www.ahrc.se/new/index.php/src/tools/sub/yp/action/display/id/2652
Metropolitan News-Enterprise http://www.metnews.com/articles/2009/stur021809.htm
JUDICIAL BENEFITS & COURT CORRUPTION (Part 3-4) http://www.fulldisclosure.net/Programs/540.php
FISCAL CRISIS: Illegal Payments Create Law For Judicial Criminal & Liability Immunity: Nominees For U S Supreme Court To Be Impacted? See: http://www.fulldisclosure.net/news/labels/SBX2%2011.html
The Bill as passed by the Senate: http://info.sen.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx2_11_bill_20090214_amended_sen_v98.html