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69-Year Old Attorney Jailed For Protesting Illegal Judicial Perks
JusticeCalifornia is concerned that the California Judiciary has been allowed to disbar, and jail for an indeterminate amount of time and without the opportunity to post bail, California attorney Richard Fine.
According to Mr. Fine's bios, he has a long and distinguished career. He founded and was chief of the first municipal antitrust division in the United States, for the City of Los Angeles. He was Special Counsel to the Governmental Efficiency Committee of the Los Angeles City Council and a member of the U.S. Department of Justice Antitrust Division, in Washington D.C.
In late 2008 Mr. Fine reportedly asked for an FBI investigation of, and in early 2009 he reportedly filed a criminal complaint about, millions of dollars in taxpayer money being illegally diverted to California judges by LA County, an issue he had been complaining about for many years. Shortly afterward (February 2009) he was disbarred (in substantial part for challenging judges pursuant to Code Civ. Proc. Section 170.1 et seq.), and on March 4, 2009 he was jailed and placed in solitary confinement for refusing to submit to a judgment debtor examination in connection with a $46,000 attorney fee order made against Mr. Fine by one of the judges who had allegedly accepted illegal payments from LA County. Mr. Fine claims the judge who made the fee order, and who sentenced him to jail, was disqualified from hearing the case. 69-year-old attorney Fine has been in jail since March 4, 2009.
According to the Civil Docket for Case #2:09-cv-01914-JFW-CW in the United States District Court, Central District of California, on March 20, 2009 Mr. Fine filed a Petition for Writ of Habeus Corpus. On April 9, 2009, after being jailed for 37 days, he filed a request for immediate release pending determination of his Petition for Writ of Habeus Corpus, pointing out that he could conceivably be jailed for 6-9 months if the resolution of his Petition is dragged out. U.S. Magistrate Carla Woehrle ordered the Los Angeles Sheriff to file a response to the request for immediate release by April 17, 2009. No April 17, 2009 response is reflected in the docket. Yet, on April 22, 2009, JusticeCalifornia confirmed with the Twin Towers Correctional Facility (telephone: 213- 473-6100) that Mr. Fine remains in jail.
JusticeCalifornia contrasts the treatment of court critic Mr. Fine, with that of ex-Marin County Court Executive Officer John Montgomery, who in 2006 was charged with 10 felony counts of conflict of interest, for, among other things, funneling over $650,000 in public funds to his girlfriend. For years Mr. Montgomery publicly defended, and some say covered for, Marin County judges who have long been accused of cronyism and corruption.
In 2006, the local Marin County newspaper (the Marin Independent Journal) reported as follows, in pertinent part:
"John Montgomery, the former Marin Superior Court executive arrested Saturday on 10 felony counts, covered up the conflicts of interest he is accused of, billed taxpayers for excessive and unauthorized trips, and cashed in questionable expense claims, according to a confidential report released Monday."
The report caps a seven-month special investigation by the state's Administrative Office of the Courts. The inquiry was conducted at the request of Judge Terrence Boren, the former presiding judge of the Superior Court of Marin County, after he discovered that Montgomery purchased two houses with his county contract employee, Linda Lau.
The 10 felony counts of conflict of interest all relate to Montgomery's supervision of Lau while living with her and owning joint property. The consulting firms that employed her were paid more than $650,000 during the period.
The report raises questions as to why Montgomery's two chief assistants, Kim Turner and Karen Richardson, waited so long before reporting improprieties. Turner is now acting as the court's executive officer."
"The court report indicated Montgomery took several steps to conceal the fact that he and Lau jointly owned two houses.
Although Montgomery sold his house in Hercules in September 2002, he continued to list the dwelling as his home address in court personnel records and on an electronic deposit authorization form.
In late 2002, about the same time he purchased his first house with Lau in Middletown (Lake County), Montgomery canceled his court-paid cell phone and got his own plan. Starting at that time, according to the report, he submitted only the cover sheet to the bill and not the billing detail that would identify locations.
During recent years, Montgomery also stopped filing a statement of his economic interests, a state requirement for many public officials.
"This appears to be another means by which he may have attempted to conceal his address," the investigators concluded in their report."
"The investigation also examined Montgomery's travel expenses from fiscal 2002-03 through fiscal 2004-05, when he abruptly resigned. The investigators reported that Montgomery took 11 trips costing more than $20,000 without proper authorization. He failed to get the trips approved by the presiding judge, despite receiving a memo from the Administrative Office of the Courts in February 2004 instructing him to do so. One trip was to Australia."
"The report questions why Richardson and Turner, Montgomery's chief assistants, waited so long to blow the whistle on him. Richardson and Turner managed and supervised Lau and signed off on all of Montgomery's expenses.
According to the report, "Turner stated that both she and Ms. Richardson had told Mr. Montgomery several times that Ms. Lau was not meeting expectations and that the court was paying too much for the services."
It wasn't until Jan. 27, 2005, that Turner went to Judge Boren with her concerns about Montgomery's relationship with Lau. Turner told investigators she figured out that the couple co-owned two houses earlier that month. Coincidentally, perhaps, 12 days later, Boren received a notice from the Administrative Office of the Courts that a routine operational audit would soon begin."
"Turner declined to comment. Richardson could not be reached for comment."
Note: JusticeCalifornia is informed that approximately one-half of Marin's Court employees signed a petition asking that the Marin Court select someone other than John Montgomery's former right-hand woman, Kim Turner, to be his successor as Marin County Court Executive Officer. The court selected Kim Turner anyway. JusticeCalifornia is further informed that only a small fraction of those who signed the petition remain employed by the Marin Court, the rest having been replaced. JusticeCalifornia invites the Marin Court to confirm or deny these claims.)
Unlike court critic Mr. Fine, who has spent over six weeks in jail without the opportunity to post bail, court supporter Mr. Montgomery was apparently allowed to post bail.
Unlike court critic Mr. Fine, who apparently is jailed indefinitely, court defender Mr. Montgomery was apparently allowed to plead to lesser charges, perform 200 hours of community service, and pay $1,000 in restitution, for his 10 felony counts of conflict of interest.
JusticeCalifornia invites the Governor and the Legislature to consider whether a) Mr. Fine has been and is being subjected to cruel and unusual punishment by the California judiciary, for challenging the authority of a judge who was receiving illegal LA county payments to make a $46,000 fee award against him; while b) Marin County CEO Mr. Montgomery received an inappropriately light slap on the wrist, after he diverted over $650,000 in public funds to his girlfriend, and refused to cooperate with a subsequent Judicial Council investigation into his actions.
We further invite the Governor and the Legislature to inquire as to why 69-year-old Mr. Fine is being forced to remain in jail, and when he will be released.
JusticeCalifornia requests that the Judicial Council and the California Judiciary confirm or deny, and explain, the facts stated herein. We further request that Assemblymember Jared Huffman a) investigate, and b) confirm or deny, the facts stated herein as they pertain to Marin County.