SBX 2 11 was enacted on February 20, 2009
Effective May 20, 2009 as emergency, budget trailer legislation within three days and signed by Governor Schwarzenegger, after the Court held the County payments directly to State Superior Court judges violated Article VI, Section 19 of the California Constitution.
SBX 2 11 made the payments legal with the counties having the option to discontinue the payments on a 180 day notice. SBX 2 11 also gave retroactive immunity as of 7/1/2008 from criminal prosecution, civil liability and disciplinary action to all judges who received the payments and all governments and employees who made the payments.
Two counties stopped the payments. A December, 2009 Judicial Council Report to the Legislature showed that 90% of the Superior Court Judges received the illegal payments. That figure is approximately correct today due to the greater increase in Superior Court judges in LA County and other counties where the payments are still existing an either a non increase or minimal increase in counties where the payments do not exist.
Additionally, these Superior Court judges became Court of Appeal justices and California Supreme Court justices, thereby infecting the entire California Judiciary. In 2010, SBX 2 11 was held to be “ interim legislation”, with the Legislature having the responsibility to solve the problem of the “ payments”. The Legislature has done nothing since 2010. The immediate enactment of this emergency, budget trailer legislation will: (1) solve the Judicial Crisis created by the federal and state unconstitutional and criminal payments to approximately 90% of the State Superior Court judges by counties and courts since the mid 1980s; (2) Establish a Permanent State Commission to: (a) Oversee the actions of the State Judiciary and related the
State Bar and State Bar Court; and (b) Compensate the victims of Judicial Misconduct and Judicial Abuse of Power.
The victim’s compensation is accomplished through set categories encompassing all possible fact situations and pre-determined values for the categories. Once the claim is approved, the money is paid to the victim by the Controller from the current budget appropriation funds for the judiciary as a priority payment. No new appropriations are needed for the Judicial Budget, unless the Judicial Budget is depleted at which point the Judiciary would have to come to the Legislature to seek further monies. This system immediately places the judiciary on notice to obey the federal and state constitutions, criminal, ethics and other laws regarding misconduct and abuse of power as disobeying such will result in a direct financial impact on the entire judicial system.
The oversight is accomplished by the Commission ensuring: (1) The Commission is compensating the victims of Judicial Misconduct and Judicial Abuse of Power; (2) The Controller is reporting to the Commission on Judicial Performance every judicial officer against whom the Commission granted a claim; (3) The Commission on Judicial Performance is completing all investigations within six months from the onset and reporting such to the State Auditor; (4) The State Auditor is monitoring the Commission on Judicial Performance and annually reporting the results to the Legislature. It will remain up to the Legislature to act on the information.
The voters supporting this legislation request the legislation be introduced and enacted before the November General Election. County voters are most affected by being “taxed twice”. Once to pay for the judges’ State Compensation as part of the State and Counties Memorandum of Understanding and a second time to pay for the state and federal criminal “supplemental or local judicial benefits” which are considered “bribes” and violate 18 USC Section 1346, the “intangible right to honest services”.
Richard I. Fine, Doctor of Law, Ph.D. (Law-International Law)
MORE ON DR. RICHARD I. FINE AND AMEND SBX 2 11
- Richard I. Fine Los Angeles Superior Court Motion Null Dec 2010 Document
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- Richard I. Fine Los Angeles Superior Court Renewal Motion 01/31/11 Document
- Richard I. Fine Los Angeles Superior Court Null Void 03/02/11 Document
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- Keep contacting California’s State Senators and State Assembly Members urging them to support & enact Campaign’s Amendment to SBX 2 11
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- SBX 2 11 gave retroactive immunity from California criminal prosecution, civil liability and disciplinary action to the judges?