Sacramento Superior Court Audit FAIL Court Administrators Julie Setzer, Lollie Roberts, Colleen...

21C

alifornia State A

uditor Rep

ort 2012-041

January 2013

STATE AUDITOR’S ASSESSMENT

AUDITEE REPORT TITLE, NUMBER, AND ISSUE DATE RECOMMENDATION

NUMBER OF YEARS IN ANNUAL REPORT OF NOT

FULLY IMPLEMENTED RECOMMENDATIONS

ESTIMATED DATE OF

COMPLETION

AUDITEE DID NOT SUBSTANTIATE

ITS CLAIM OF FULL IMPLEMENTATION

AUDITEE DID NOT ADDRESS ALL

ASPECTS OF THE RECOMMENDATION

LEGISLATIVE, JUDICIAL, AND EXECUTIVE

Superior Court of California, County of Sacramento

Sacramento and Marin Superior Courts: Both Courts Need to Ensure That Family Court Appointees Have Necessary Qualifications, Improve Administrative Policies and Procedures, and Comply With Laws and Rules 2009‑109 (January 2011)†

2. To make certain that the Family Court Services (FCS) evaluators are qualified, the Sacramento family court should develop processes to ensure that it signs all FCS evaluator declarations of qualifications annually.

1 Will not implement

3. To make certain that the FCS evaluators are qualified, the Sacramento family court should ensure that its unlicensed FCS evaluators complete the licensing portion of the annual declarations of qualifications.


4. To make certain that the FCS evaluators are qualified, the Sacramento family court should identify the training each of the FCS evaluators need to satisfy the court rules’ requirements and ensure that they attend the trainings.


5. To make certain that the FCS evaluators are qualified, the Sacramento family court should develop processes to ensure that evaluator declarations of qualifications include all relevant information, such as the evaluator’s experience.


6. To make certain that the FCS evaluators are qualified, the Sacramento family court should take all reasonable steps to ensure its FCS evaluators meet the minimum qualifications and training requirements before assigning them to any future Family Code Section 3111 evaluations. If necessary, and as soon as reasonably possible, the court should require the FCS evaluators to take additional education or training courses to compensate for the minimum qualifications and training requirements that were not met.


7. To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should obtain any missing applications and training records for private mediators and evaluators on its current panel list before appointing them to future cases.


8. To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should reinstate its local rules for private mediators and evaluators to provide a minimum of three references, and for private evaluators to provide a statement that they have read the court’s evaluator guidelines.


9. To make sure that the minor’s counsel it appoints meet the additional standards required by the superior court’s local rules, the Sacramento family court should obtain any missing applications for minor’s counsel before appointing them to any future cases.


10. To strengthen its accounting process for California Family Code Section 3111 evaluations, the Sacramento Superior Court should update its accounting procedures related to billing FCS evaluation costs to include steps for verifying the mathematical accuracy of the FCS summary and the proper allocation of costs between the parties.


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Californ

ia State Aud

itor Report 2012-041

January 2013

28

AUDITEE REPORT TITLE, NUMBER, AND ISSUE DATE RECOMMENDATION

NUMBER OF YEARS RECOMMENDATION APPEARED IN THIS ANNUAL REPORT

LEGISLATIVE, JUDICIAL, AND EXECUTIVE

State Controller’s Office State Mandates: Operational and Structural Changes Have Yielded Limited Improvements in Expediting Processes and in Controlling Costs and Liabilities 2009‑501 (October 2009)

1. To ensure that it can meet its responsibilities, including a heightened focus on audits of state mandates, the Controller should work with Finance to obtain sufficient resources.

3

2. The Controller should increase its efforts to fill vacant positions in its Mandated Cost Audits Bureau.

3


Sacramento and Marin Superior Courts: Both Courts Need to Ensure That Family Court Appointees Have Necessary Qualifications, Improve Administrative Policies and Procedures, and Comply With Laws and Rules 2009‑109 (January 2011)*

1. To ensure that its FCS mediators are qualified, the Sacramento superior and family courts should update the current mediators’ official personnel files with any missing information.

1

Administrative Office of the Courts The Statewide Case Management Project Faces Significant Challenges Due to Poor Project Management 2010‑102 (February 2011)*

1. To better manage costs of future IT projects, the AOC should estimate costs at the inception of projects.

1

2. To better manage costs of future IT projects, the AOC should employ appropriate budget and cost management tools to allow it to appropriately budget, track, manage, and estimate costs.

1

3. To better manage costs of future IT projects, the AOC should ensure that cost estimates are accurate and include all relevant costs, including costs that superior courts will incur.

1

4. To better manage costs of future IT projects, the AOC should disclose costs that other entities will likely incur to the extent it can reasonably do so.

1

5. To better manage costs of future IT projects, the AOC should update cost estimates on a regular basis and when significant assumptions change.

1

10. To ensure that future major IT projects receive appropriate independent oversight over technical aspects and project management, the AOC should obtain IV&V and IPO services at the beginning of the projects and ensure this independent oversight is in place throughout and follows best practices and industry standards appropriate for the size and complexity of the project.

1

* Other recommendations pertaining to this audit, which have not been fully implemented, can be found in Table 2.† On July 1, 2007, the Department of Health Services was reorganized and became two departments—the Department of Health Care Services and the Department of Public

Health. The Department of Public Health is now responsible for monitoring skilled nursing facilities.‡ As of July 1, 2012, the California Department of Mental Health became the new Department of State Hospitals.§ As of July 1, 2012, the State Personnel Board was combined with the Department of Personnel Administration to create the California Department of Human Resources.

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ixCalifornia State Auditor Report 2013-406

February 2013

Jobs, Economic Development, and the Economy

Report Number 2010-102, Administrative Office of the Courts: The Statewide Case Management Project Faces Significant Challenges Due to Poor Project Management 131

Report Number 2011-106, Intellectual Property: An Effective Policy Would Educate State Agencies and Take Into Account How Their Functions and Property Differ (see summary on page 35)

Report Number 2011-111, Federal Workforce Investment Act: More Effective State Planning and Oversight Is Necessary to Better Help California’s Job Seekers Find Employment 147

Judiciary

Report Number 2009-109, Sacramento and Marin Superior Courts: Both Courts Need to Ensure That Family Court Appointees Have Necessary Qualifications, Improve Administrative Policies and Procedures, and Comply With Laws and Rules 151

Report Number 2010-102, Administrative Office of the Courts: The Statewide Case Management Project Faces Significant Challenges Due to Poor Project Management (see summary on page 131)

Report Number 2011-030, State Bar of California: Its Lawyer Assistance Program Lacks Adequate Controls for Reporting on Participating Attorneys 165

Labor and Employment

Report Number 2010-112, Employment Development Department: Its Unemployment Program Has Struggled to Effectively Serve California’s Unemployed in the Face of Significant Workload and Fiscal Challenges (see summary on page 127)

Report Number 2011-111, Federal Workforce Investment Act: More Effective State Planning and Oversight Is Necessary to Better Help California’s Job Seekers Find Employment (see summary on page 147)

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21California State Auditor Report 2013-406

February 2013

FOLLOW-UP RESPONSE* STATUS OF RECOMMENDATION

INITIAL RESPONSE 60-DAY SIX-MONTH ONE-YEAR

FULLY IMPLEMENTED

PARTIALLY IMPLEMENTED PENDING

NO ACTION TAKEN

PAGE NUMBER

Insurance

Department of Social Services

Foster Family Home and Small Family Home Insurance Fund Report 2010‑121

4 3 111

California Technology Agency

Unemployment Program Report 2010‑112

1 127

Employment Development Department


4 1 4 127

Jobs, Economic Development, and the Economy

Administrative Office of the Courts†

Statewide Case Management Project Report 2010‑102

17 4 131

California Department of Transportation

Intellectual Property Report 2011‑106

1 35

California Energy Commission


2 35

California Labor and Workforce Development Agency

Federal Workforce Investment Act Report 2011‑111

1 147

California Workforce Investment Board


2 147

Department of Food and Agriculture


2 35

Department of Health Care Services


1 35



2 2 147

Judiciary

Administrative Office of the Courts†

Statewide Case Management Project Report 2010‑102

17 4 131

State Bar of California

Lawyer Assistance Program Report 2011‑030

2 1 165

Superior Court of California, County of Marin

Sacramento and Marin Superior Courts Report 2009‑109

14 151

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22 California State Auditor Report 2013-406

February 2013

FOLLOW-UP RESPONSE* STATUS OF RECOMMENDATION

INITIAL RESPONSE 60-DAY SIX-MONTH ONE-YEAR

FULLY IMPLEMENTED

PARTIALLY IMPLEMENTED PENDING

NO ACTION TAKEN

PAGE NUMBER


Sacramento and Marin Superior Courts Report 2009‑109

31 2 8 151

Labor and Employment

California Labor and Workforce Development Agency


1 147

California Technology Agency


1 127

California Workforce Investment Board


2 147



4 1 4 127

Federal Workforce Investment Act Report 2011‑111 2 2 147

Local Government

Amador County

Indian Gaming Special Distribution Fund Report 2010‑036

2 2 1 65

California Department of Forestry and Fire Protection

California’s Mutual Aid System Report 2011‑103

1 1 71

California Department of Transportation

State Route 710 Extension Properties Report 2011‑120

23 2 1 167

California Emergency Management Agency

California’s Mutual Aid System Report 2011‑103

2 1 5 71

California Health Facilities Financing Authority

Conduit Bond Issuers Report 2011‑118 / 2011‑613

1 31

California Municipal Finance Authority


1 2 31

California Statewide Communities Development Authority


1 1 2 31

City of San José

Retirement Costs Report 2012‑106

1 199

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California State Auditor Report 2013-406

February 2013

Sacramento and Marin Superior CourtsBoth Courts Need to Ensure That Family Court Appointees Have Necessary Qualifications, Improve Administrative Policies and Procedures, and Comply With Laws and Rules

REPORT NUMBER 2009-109, ISSUED JANUARY 2011

This report concludes that both superior courts need to do more to ensure that the individuals who provide mediation and evaluation services and who act as counsel for minors in cases before their family courts have the necessary qualifications and required training. In addition, the two superior courts should follow their established procedures for handling complaints, improve their processes for payments related to counsel appointed to represent the interests of minors involved in family law cases, and strengthen their procedures for dealing with conflicts of interest within the family courts.

In the report, the California State Auditor (state auditor) made the following recommendations to the superior courts and their family courts. The state auditor’s determination regarding the current status of the recommendations is based on the superior courts’ responses to the state auditor as of December 2012.

Recommendation 1.1.a—See pages 25—27 of the audit report for information on the related finding.

To ensure that its Office of Family Court Services (FCS) mediators are qualified, the Sacramento superior and family courts should retain in the mediator’s official personnel file any decisions to substitute additional education for experience or additional experience for the educational requirements.

Sacramento Superior and Family Courts’ Action: Fully implemented.

The Sacramento Superior Court stated that it revised its internal recruitment and selection practice to ensure that its determinations and validations of minimum qualifications and best qualified criteria are clearly noted in its employees’ personnel files. The court provided its Recruitment and Selection policy, dated September 2009, which requires the court to certify applicants who meet the necessary qualifications for the position. In addition, the court stated that it will retain a copy of the candidate’s transcript and license in the official personnel file.

Recommendation 1.1.b—See pages 25—27 of the audit report for information on the related finding.

To ensure that its FCS mediators are qualified, the Sacramento superior and family courts should update the current mediators’ official personnel files with any missing information.

Sacramento Superior and Family Courts’ Action: Partially implemented.

The Sacramento superior and family courts provided documentation it believed demonstrated that the FCS mediators met the minimum qualifications and training. We reviewed the courts’ documentation and found that it demonstrated that three FCS mediators met the minimum qualifications and training at the time of hire. However, the information the court provided for the other FCS mediator, only a resume, did not demonstrate that the mediator met the qualifications at the time of hire. The court requested information from the Board of Behavioral Sciences to demonstrate that the mediator met the qualifications at the time of hire. However, as of December 7, 2012, the court had not provided us with this information. In an earlier response to the audit report, the court stated that the documents would be placed in the FCS mediators’ personnel files.

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February 2013

Recommendation 1.1.c—See pages 25—27 of the audit report for information on the related finding.

To ensure that its FCS mediators are qualified, the Sacramento superior and family courts should verify the initial training of those FCS mediators they hire who have worked at other superior courts.


The Sacramento superior and family courts provided copies of training certificates and other information such as sign-in sheets to demonstrate that the FCS mediator mentioned in the audit report met the minimum qualifications and training requirements. In addition, the courts provided a letter from the FCS mediator’s former employer that stated its practice was to send employees to training upon initial hire; however, the court does not retain training records older than three years.

Recommendation 1.1.d—See pages 25—27 of the audit report for information on the related finding.

To ensure that its FCS mediators are qualified, the Sacramento superior and family courts should develop a policy to retain training completion records for at least as long as an FCS mediator is a court employee.


The Sacramento Superior Court provided a retention policy titled Record Retention Policy for Human Resources Division and it requires training records for all court classifications to be kept in its staff ’s official personnel files for five years after the employee separates from the court.

Recommendation 1.1.e—See pages 25—27 of the audit report for information on the related finding.

To ensure that its FCS mediators are qualified, the Sacramento superior and family courts should take all reasonable steps to ensure that the FCS mediators meet all of the minimum qualifications and training requirements before assigning them to future mediations. If necessary, and as soon as reasonably possible, the court should require the FCS mediators to take additional education or training courses to compensate for the minimum qualifications and training requirements that were not met.


The Sacramento superior and family courts reported that they have documentation to demonstrate that the FCS mediators have completed additional training education or training courses to compensate for the minimum requirements for which there was no documentation. The courts also stated that the documents will be placed in the FCS mediators’ personnel files. We reviewed the documents the court provided and as recommended, the court has taken reasonable steps to ensure that the FCS mediators meet all of the minimum qualifications and training requirements.


To make certain that the FCS evaluators are qualified, the Sacramento family court should develop processes to ensure that it signs all FCS evaluator declarations of qualifications annually.

Sacramento Family Court’s Action: No action taken.

The Sacramento Superior Court reported to us that effective July 2011 FCS will no longer conduct Family Code Section 3111 evaluations. The court cited budget reductions as its reason for discontinuing this service.

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February 2013


To make certain that the FCS evaluators are qualified, the Sacramento family court should ensure that its unlicensed FCS evaluators complete the licensing portion of the annual declarations of qualifications.


See the Sacramento Family Court’s response under recommendation 1.2.a.


To make certain that the FCS evaluators are qualified, the Sacramento family court should identify the training each of the FCS evaluators need to satisfy the court rules’ requirements and ensure that they attend the trainings.

Sacramento Family Court’s Action: Partially implemented.

The Sacramento Superior Court stated that it began taking steps to change its Family Court Counselor classification specifications to include the requirement that employees in the classification complete the mandatory training the court rules require. However, the court reported to us that effective July 2011 FCS will no longer conduct Family Code Section 3111 evaluations. The court cited budget reductions as its reason for discontinuing this service.


To make certain that the FCS evaluators are qualified, the Sacramento family court should develop a policy to retain training completion records for at least as long as an FCS evaluator is a court employee.

Sacramento Family Court’s Action: Fully implemented.

The Sacramento Superior Court established a record retention policy to retain all training records for a total of five years after an FCS evaluator separates from the court. However, the Sacramento Superior Court reported to us that effective July 2011 FCS will no longer conduct Family Code Section 3111 evaluations. The court cited budget reductions as its reason for discontinuing this service.


To make certain that the FCS evaluators are qualified, the Sacramento family court should develop processes to ensure that evaluator declarations of qualifications include all relevant information, such as the evaluator’s experience.



Recommendation 1.2.f—See pages 27—30 of the audit report for information on the related finding.

To make certain that the FCS evaluators are qualified, the Sacramento family court should ensure that FCS evaluators attach certificates for their domestic violence training to each Family Code Section 3111 evaluation report they prepare.

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February 2013


The Sacramento Superior Court adopted a local rule effective January 1, 2012, that requires all court-appointed child custody evaluators to annually lodge with the court a sworn affidavit that they have completed all required domestic violence training and instruction required by statute and/or California Rules of Court. In the absence of an affidavit, the child custody evaluators must attach copies of their certificates of completion of the required training to each child custody evaluation report they submit to the court. However, the court reported to us that effective July 2011 FCS will no longer conduct Family Code Section 3111 evaluations. The court cited budget reductions as its reasons for discontinuing this service.

Recommendation 1.2.g—See pages 27—30 of the audit report for information on the related finding.

To make certain that the FCS evaluators are qualified, the Sacramento family court should take all reasonable steps to ensure its FCS evaluators meet the minimum qualifications and training requirements before assigning them to any future Family Code Section 3111 evaluations. If necessary, and as soon as reasonably possible, the court should require the FCS evaluators to take additional education or training courses to compensate for the minimum qualifications and training requirements that were not met.



Recommendation 1.3—See pages 30—33 of the audit report for information on the related finding.

To determine whether staff are capable and suitable for positions, the Sacramento FCS should ensure it follows the superior court’s probationary policy for any former employees the court rehires.

Sacramento Superior Court’s Action: Fully implemented.

The Sacramento Superior Court revised as of March 2012 the form it uses to evaluate probationary staff. The court’s policy covering probationary employees, dated January 15, 2010, requires the employee’s manager to complete two interim reports and a final report during the employee’s probationary period.


To ensure that it assists nonprobationary staff in developing their skills and improving their job performance, the Sacramento Superior Court should ensure that the FCS adheres to its employee appraisal policy.


The Sacramento Superior Court revised as of March 2012 the form it uses to evaluate nonprobationary staff. In addition, as of March 6, 2012, the court revised its employee appraisal policy and generally requires supervisors and managers to provide employees with an appraisal every two years.


To ensure that it assists nonprobationary staff in developing their skills and improving their job performance, the Sacramento Superior Court should clarify the employee appraisal policy by specifying how often updates to the duty statement should occur.

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February 2013


The Sacramento Superior Court revised as of March 6, 2012, its employee appraisal policy and generally requires supervisors to provide employees with an appraisal every two years. The policy states that the evaluation must be based on the employee’s current duty statement. The court’s duty statement policy requires supervisors and managers to periodically review and update the statements.


To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should obtain any missing applications and training records for private mediators and evaluators on its current panel list before appointing them to future cases.


The Sacramento Superior Court stated that it does not have the resources to maintain training records for private mediators and evaluators beyond requiring copies of their training certificates with their initial application and the submission of declarations under penalty of perjury.


To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should ensure that if it continues to rely on the evaluators’ licensure to satisfy the training requirements, the training courses that evaluators on its current panel list take are approved by the Administrative Office of the Courts (AOC) or that the evaluator seek individual approvals from the AOC to take the courses.


The Sacramento Family Court notified private evaluator panel members via an email dated March 18, 2011, that they must attend training approved by the AOC or seek individual approval of required courses.


To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should create a record retention policy to retain the applications and training records related to private mediators and evaluators on its panel list for as long as they remain on the list.


The Sacramento Family Court established a policy to maintain the private mediator’s or evaluator’s application, which includes training records, for as long as the private mediator or evaluator remains on the court’s panel list.


To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should establish a process to ensure that the private mediators and evaluators file their declarations of qualifications with the court no later than 10 days after notification of each appointment and before they begin work on a case.

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February 2013


The Sacramento Family Court modified its Order for Private Mediation and its Order Appointing Child Custody Evaluator to include a requirement that the appointed private mediator or private evaluator file a declaration regarding qualifications within 10 days of notification of the appointment and before beginning work on the case.


To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should reinstate its local rules for private mediators and evaluators to provide a minimum of three references, and for private evaluators to provide a statement that they have read the court’s evaluator guidelines.


The Sacramento Superior Court stated that because the declaration they must complete confirms their qualifications, it does not believe it is necessary to reinstitute the local rule requiring private mediators and evaluators to provide a minimum of three references or the local rule requiring private evaluators to provide a statement that they have read the court’s evaluator guidelines. The court also stated that it does not have the resources to maintain and update a guideline, the contents of which are based upon statute, local rules, and the rules of court. Finally, the court stated it expects that appointees are aware of and have read all applicable statutes and rules.


The Sacramento family court should ensure that minor’s counsel submit, within 10 days of their appointment, the required declarations about their qualifications, education, training, and experience. Specifically, the family court should send annual notices to the minor’s counsel it appoints, instructing them to file the declaration.


The Sacramento Superior Court stated that it does not believe it is necessary to send annual notices to appointed minor’s counsel of the need to file a declaration. The court stated that the order appointing minor’s counsel includes a specific requirement that the minor’s counsel submit a declaration within 10 days of appointment and before beginning any work on a case. The court included in its Order Appointing Counsel for a Child the specific requirement to file a declaration of qualifications within 10 days of appointment or before beginning work on a case. The court’s alternative approach addresses our concern that the minor’s counsel should submit the required declaration in a timely manner.


The Sacramento family court should ensure that minor’s counsel submit, within 10 days of their appointment, the required declarations about their qualifications, education, training, and experience. Specifically, the family court should continue to ensure the appointment orders direct the minor’s counsel to complete and promptly file the declaration.


The Sacramento Family Court included in its Order Appointing Counsel for a Child the specific requirement to file a declaration of qualifications within 10 days of appointment or before beginning work on a case.

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February 2013


To make sure that the minor’s counsel it appoints meet the additional standards required by the superior court’s local rules, the Sacramento family court should obtain any missing applications for minor’s counsel before appointing them to any future cases.


The Sacramento Superior Court stated that it does not have the resources to obtain and review all previous training records or to require and review the resubmission of applications for each minor’s counsel.


To make sure that the minor’s counsel it appoints meet the additional standards required by the superior court’s local rules, the Sacramento family court should create a record retention policy to retain the minor’s counsel applications for as long as they remain on its panel list.


The Sacramento Family Court established a policy to maintain the minor’s counsel application for as long as the minor’s counsel remains on the court’s panel list.


To ensure that the FCS mediators are qualified, the Marin superior and family courts should retain documentation in the FCS mediators’ official personnel files to demonstrate that they met the minimum qualifications.

Marin Superior and Family Courts’ Action: Fully implemented.

The Marin superior and family courts adopted a policy requiring FCS mediators to submit annually their original certificates of training for retention in their official personnel files.


To ensure that the FCS mediators are qualified, the Marin superior and family courts should verify the initial training of those FCS mediators hired who have worked at other superior courts.


The Marin superior and family courts adopted a policy requiring its newly hired FCS mediators who have worked at other superior courts to submit to it copies of their certificates of training for retention in their official personnel files. If the mediator is unable to produce these records, the court will attempt to obtain the records from the FCS mediator’s former court employer. If the records are unavailable, the court will require the FCS mediator to prepare a sworn statement that he or she has met these requirements in another court.


To ensure that the FCS mediators are qualified, the Marin superior and family courts should ensure that the FCS mediators receive supervision from someone who is qualified to perform clinical supervision so that they can resume their participation in performance supervision, as the court rules require.

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February 2013


The Marin superior and family courts contracted with a clinical supervisor to provide three onsite visits per year to conduct performance supervision.


To confirm that the private evaluators the family court appoints are qualified, the Marin superior and family courts should establish a process to ensure that the private evaluators file declarations of their qualifications with the court no later than 10 days after notification of each appointment and before they begin any work on a case.


The Marin superior and family courts developed procedures to ensure that private evaluators file their declarations of qualifications no later than 10 days after notification of each appointment and before they begin any work on a case.


To confirm that the private evaluators the family court appoints are qualified, the Marin superior and family courts should adopt a local rule regarding procedures for the private evaluators to notify the family court that they have met the domestic violence training requirements. If the superior court chooses not to adopt a local rule, the family court should establish a process to ensure that the private evaluators attach copies of their domestic violence training certificates to their completed evaluation reports.


The Marin Superior Court adopted a local rule requiring private evaluators to submit annually to the court copies of their domestic violence training certificates.

Recommendation 1.10—See pages 46 and 47 of the audit report for information on the related finding.

To verify that the private minor’s counsel it appoints are qualified, the Marin family court should establish a process to ensure that minor’s counsel submit, no later than 10 days after notification of their appointment and before working on a case, the required declaration of qualifications.

Marin Family Court’s Action: Fully implemented.

The Marin superior and family courts developed procedures to ensure that minor’s counsel file their declarations of qualifications no later than 10 days after notification of each appointment and before they begin any work on a case.

Recommendation 1.11—See page 46 of the audit report for information on the related finding.

To make certain that it orders evaluations as the court rules require, the Marin family court should consistently use the standard form.


The Marin Family Court acknowledged that the Order Appointing Child Custody Evaluator was the standard form and stated that it would consistently use the form for all future private evaluator appointments.

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February 2013

Recommendation 2.1.a—See pages 53 and 54 of the audit report for information on the related finding.

To ensure that all complaints regarding FCS staff are tracked properly and reviewed promptly, the Sacramento FCS and family court should keep a complete log of all verbal and written complaints they receive regarding FCS staff.


The Sacramento FCS and family court developed a log to track all verbal and written FCS staff complaints it receives.

Recommendation 2.1.b—See pages 53 and 54 of the audit report for information on the related finding.

To ensure that all complaints regarding FCS staff are tracked properly and reviewed promptly, the Sacramento FCS and family court should follow the established complaint process, including retaining the appropriate documentation to demonstrate adherence to the process.


The Sacramento FCS and family court stated that it uses a log to document the steps taken to resolve complaints.

Recommendation 2.1.c—See pages 53 and 54 of the audit report for information on the related finding.

To ensure that all complaints regarding FCS staff are tracked properly and reviewed promptly, the Sacramento FCS and family court should establish specific time frames for responding to complaints.


The Sacramento FCS and family court modified the client complaint process to reflect that FCS will act on all verbal and written complaints within 90 days of receiving them.


To make certain that all complaints regarding FCS staff are tracked properly and reviewed promptly, the Marin Superior Court should keep a complete log of all verbal and written complaints it receives regarding FCS staff.

Marin Superior Court’s Action: Fully implemented.

The Marin Superior Court developed a log to track all verbal and written FCS staff complaints it receives.


To make certain that all complaints regarding FCS staff are tracked properly and reviewed promptly, the Marin Superior Court should ensure that FCS follows the court’s established complaint process, including retaining the appropriate documentation to demonstrate adherence to the process.


The Marin Superior Court developed an FCS mediator complaint tracking form and stated that its human resources manager will complete the form while investigating the complaint, attach the form to the written complaint or to the notes pertaining to a verbal complaint, and retain the form in the FCS complaint file for mediators.

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February 2013


To verify that all complaints received about the private mediators or evaluators that the family court appoints are tracked and reviewed promptly, the Sacramento Superior Court should a keep log of all complaints it receives.


The Sacramento Superior Court established a log for complaints about private mediators and private evaluators.


To verify that all complaints received about the private mediators or evaluators that the family court appoints are tracked and reviewed promptly, the Marin Superior Court should a keep log of all complaints it receives.


The Marin Superior Court developed a log to track all written private evaluator complaints it receives.


The Marin Superior Court should make certain that for future complaints it may receive, the court follows the steps stated in its process for registering complaints about evaluators.


The Marin Superior Court developed an evaluator complaint tracking form and stated that its human resources manager will complete the form while overseeing the investigation of the complaint, attach the form to the written complaint along with the evaluator’s written response and the written response from the other party if one is provided, and retain the form in the FCS complaint file for private evaluators.


To ensure that it provides transparency for the parties in family court cases, the Sacramento Superior Court should develop a local rule that defines its process for receiving, reviewing, and resolving complaints against private mediators and evaluators.


The Sacramento Superior Court adopted a local rule related to the complaint process for private mediators and evaluators. The local rule became effective on January 1, 2012.


To clearly identify its process for registering complaints about private evaluators, the Sacramento Superior Court should make the necessary corrections to its 2012 local rules to add the complaint procedures that were omitted in error.

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February 2013


The Sacramento Superior Court adopted a local rule related to the complaint process for private mediators and evaluators. The local rule became effective on January 1, 2012.


To strengthen its accounting process for California Family Code Section 3111 evaluations, the Sacramento Superior Court should update its accounting procedures related to billing FCS evaluation costs to include steps for verifying the mathematical accuracy of the FCS summary and the proper allocation of costs between the parties.

Sacramento Superior Court’s Action: No action taken.



To strengthen its accounting process for California Family Code Section 3111 evaluations, the Sacramento Superior Court should update its process for collecting amounts it is owed for California Family Code 3111 evaluations.


The Sacramento Superior Court stated that it mailed out delinquent account notices. In addition, the court noted that the accounting unit will provide up to two delinquent account notices. Finally, the court stated it began using a private collection agency for those accounts it has been unsuccessful in collecting.


To strengthen its accounting process for California Family Code Section 3111 evaluations, the Sacramento Superior Court should develop a written policy for reviewing periodically the hourly rate it charges parties for 3111 evaluations.


The Sacramento Superior Court developed a written policy for reviewing periodically the hourly rate it charges parties for Family Code Section 3111 evaluations. However, the Sacramento Superior Court reported to us that effective July 2011 FCS will no longer conduct Family Code Section 3111 evaluations. The court cited budget reductions as its reason for discontinuing this service.


To strengthen its processes related to minor’s counsel fees, the Sacramento superior and family courts should ensure that determinations about the parties’ ability to pay are made in accordance with the court rules and are properly reflected in the orders appointing minor’s counsel.


The Sacramento superior and family courts have a process for documenting the judicial determination and allocation of the payment of minor’s counsel fees.

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February 2013


To strengthen its processes related to minor’s counsel fees, the Sacramento superior and family courts should finalize, approve, and implement the draft procedures for processing minor’s counsel invoices.


The Sacramento superior and family courts stated that the accounting staff implemented procedures for processing minor’s counsel invoices.


To strengthen its processes related to minor’s counsel fees, the Sacramento superior and family courts should make certain that accounting follows the appropriate court policy when reviewing minor’s counsel costs and that accounting does not pay costs that the policy does not allow.


The Sacramento superior and family courts stated that the accounting staff continue to follow the court policy so that only costs permitted by that policy are paid.


To strengthen its processes related to minor’s counsel fees, the Sacramento superior and family courts should take the steps necessary to confirm that accounting does not make duplicate or erroneous payments to minor’s counsel.


The Sacramento superior and family courts stated that the accounting staff implemented the procedures for processing minor’s counsel invoices and have taken steps to assure the duplicate payments are not remitted to minor’s counsel.


To strengthen its processes related to minor’s counsel fees, the Sacramento superior and family courts should take necessary steps to collect minor’s counsel costs that accounting has paid improperly.


The Sacramento Superior Court stated that overpayments to minor’s counsel have either been billed or deducted from a subsequent invoice payment.


To ensure that it reimburses only appropriate and necessary minor’s counsel costs, the Marin Superior Court should develop a written policy that outlines the costs it will reimburse and that requires the attorneys to provide original receipts for their costs.


The Marin Superior Court developed a policy for reviewing incidental costs on minor’s counsel invoices. The policy reflects the court’s reimbursement rates and, in certain circumstances, requires minor’s counsel to provide receipts.

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To make its conflict-of-interest policy more effective, the Marin Superior Court should modify its conflict-of-interest policy to include documenting the cause of potential conflicts of interest in writing and tracking their final disposition.


The Marin Superior Court modified its conflict-of-interest policy to require the mediator to notify the human resources manager in writing if an actual, potential, or perceived conflict of interest exists. The policy requires the human resources manager to notify the mediator in writing regarding the final disposition.


To make its conflict-of-interest process more effective, the Sacramento FCS should continue to maintain its log recording potential conflicts of interest.

Sacramento Office of Family Court Services’ Action: Fully implemented.

The Sacramento Family Court stated that it will continue to maintain its log of all FCS mediator conflicts of interest.


To make its conflict-of-interest process more effective, the Sacramento FCS should update its conflict-of-interest policy to match its practice of identifying cases that could present a real or perceived conflict of interest, including cases involving court employees, and to include its current practice of documenting potential conflicts of interest in the FCS files.


The Sacramento Family Court updated its policy to document its current practice of identifying cases that could present an actual or perceived conflict of interest. The court also stated it implemented a process to maintain records pertaining to conflicts of interest in the FCS case files.


The Sacramento Superior Court should develop and implement processes to review periodically the court rules to ensure that its local rules reflect all required court rules.


The Sacramento Superior Court stated that it has assigned to its family law research attorney the ongoing responsibility of reviewing all changes to the court rules, which necessitate any change to its local rules.


The Marin Superior Court should develop and implement processes to review periodically the court rules to ensure that its local rules reflect all required court rules.

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The Marin Superior Court has developed a process to review periodically the court rules to ensure that its local rules reflect all required court rules. According to the court executive officer, she made assignments to court managers to review new and amended court rules to ensure that the court is aware of any provisions that require the court to adopt them.

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Sacramento and Marin Superior CourtsBoth Courts Need to Ensure That Family Court Appointees Have Necessary Qualifications, Improve Administrative Policies and Procedures, and Comply With Laws and Rules

REPORT NUMBER 2009-109, ISSUED JANUARY 2011

This report concludes that both superior courts need to do more to ensure that the individuals who provide mediation and evaluation services and who act as counsel for minors in cases before their family courts have the necessary qualifications and required training. In addition, the two superior courts should follow their established procedures for handling complaints, improve their processes for payments related to counsel appointed to represent the interests of minors involved in family law cases, and strengthen their procedures for dealing with conflicts of interest within the family courts.

In the report, the California State Auditor (state auditor) made the following recommendations to the superior courts and their family courts. The state auditor’s determination regarding the current status of the recommendations is based on the superior courts’ responses to the state auditor as of July 2011.


To ensure that its Office of Family Court Services (FCS) mediators are qualified, the Sacramento superior and family courts should retain in the mediator’s official personnel file any decisions to substitute additional education for experience or additional experience for the educational requirements.

Sacramento Superior and Family Courts’ Action: No action taken.

The Sacramento superior and family courts did not provide a response to this recommendation.


To ensure that its FCS mediators are qualified, the Sacramento superior and family courts should update the current mediators’ official personnel files with any missing information.


The Sacramento superior and family courts reported that they have documentation to demonstrate that the FCS mediators meet the minimum qualifications and training. The courts also stated that the documents will be placed in the FCS mediators’ personnel files.


To ensure that its FCS mediators are qualified, the Sacramento superior and family courts should verify the initial training of those FCS mediators they hire who have worked at other superior courts.


The Sacramento superior and family courts reported that they verified that the FCS mediator mentioned in the audit report met the minimum qualifications and training requirements when employed by another court.

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To ensure that its FCS mediators are qualified, the Sacramento superior and family courts should develop a policy to retain training completion records for at least as long as an FCS mediator is a court employee.


The Sacramento Superior Court stated it established a retention policy that requires all training records to be kept in its staff ’s official personnel files for five years after the FCS mediator separates from the court.


To ensure that its FCS mediators are qualified, the Sacramento superior and family courts should take all reasonable steps to ensure that the FCS mediators meet all of the minimum qualifications and training requirements before assigning them to future mediations. If necessary, and as soon as reasonably possible, the court should require the FCS mediators to take additional education or training courses to compensate for the minimum qualifications and training requirements that were not met.


The Sacramento superior and family courts reported that they have documentation to demonstrate that the FCS mediators have completed additional training education or training courses to compensate for the minimum requirements for which there was no documentation. The courts also stated that the documents will be placed in the FCS mediators’ personnel files.


To make certain that the FCS evaluators are qualified, the Sacramento family court should develop processes to ensure that it signs all FCS evaluator declarations of qualifications annually.




To make certain that the FCS evaluators are qualified, the Sacramento family court should ensure that its unlicensed FCS evaluators complete the licensing portion of the annual declarations of qualifications.




To make certain that the FCS evaluators are qualified, the Sacramento family court should identify the training each of the FCS evaluators need to satisfy the court rules’ requirements and ensure that they attend the trainings.

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Sacramento Family Court’s Action: Partially implemented.

The Sacramento Superior Court stated that it began taking steps to change its Family Court Counselor classification specifications to include the requirement that employees in the classification complete the mandatory training the court rules require. However, the court reported to us that effective July 2011 FCS will no longer conduct Family Code Section 3111 evaluations. The court cited budget reductions as its reason for discontinuing this service.


To make certain that the FCS evaluators are qualified, the Sacramento family court should develop a policy to retain training completion records for at least as long as an FCS evaluator is a court employee.


The Sacramento Superior Court established a record retention policy to retain all training records for a total of five years after an FCS evaluator separates from the court. However, the Sacramento Superior Court reported to us that effective July 2011 FCS will no longer conduct Family Code Section 3111 evaluations. The court cited budget reductions as its reason for discontinuing this service.


To make certain that the FCS evaluators are qualified, the Sacramento family court should develop processes to ensure that evaluator declarations of qualifications include all relevant information, such as the evaluator’s experience.



Recommendation 1.2.f—See pages 27—30 of the audit report for information on the related finding.

To make certain that the FCS evaluators are qualified, the Sacramento family court should ensure that FCS evaluators attach certificates for their domestic violence training to each Family Code Section 3111 evaluation report they prepare.



Recommendation 1.2.g—See pages 27—30 of the audit report for information on the related finding.

To make certain that the FCS evaluators are qualified, the Sacramento family court should take all reasonable steps to ensure its FCS evaluators meet the minimum qualifications and training requirements before assigning them to any future Family Code Section 3111 evaluations. If necessary, and as soon as reasonably possible, the court should require the FCS evaluators to take additional education or training courses to compensate for the minimum qualifications and training requirements that were not met.



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To determine whether staff are capable and suitable for positions, the Sacramento FCS should ensure it follows the superior court’s probationary policy for any former employees the court rehires.

Sacramento Superior Court’s Action: Partially implemented.

The Sacramento Superior Court stated it completed the revision of the forms it uses to evaluate probationary staff as of July 2011.


To ensure that it assists nonprobationary staff in developing their skills and improving their job performance, the Sacramento Superior Court should ensure that the FCS adheres to its employee appraisal policy.


The Sacramento Superior Court stated it completed the revision of the forms it uses to provide nonprobationary staff their annual performance reviews.


To ensure that it assists nonprobationary staff in developing their skills and improving their job performance, the Sacramento Superior Court should clarify the employee appraisal policy by specifying how often updates to the duty statement should occur.


The Sacramento Superior Court stated that it is revising its employee appraisal policy, and will include a statement to ensure that duty statements are reviewed with staff at least annually. The court anticipated implementing its policy during the fourth quarter of 2011.


To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should obtain any missing applications and training records for private mediators and evaluators on its current panel list before appointing them to future cases.


The Sacramento Superior Court stated that it does not have the resources to maintain training records for private mediators and evaluators beyond requiring copies of their training certificates with their initial application and the submission of declarations under penalty of perjury.


To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should ensure that if it continues to rely on the evaluators’ licensure to satisfy the training requirements, the training courses that evaluators on its current panel list take are approved by the Administrative Office of the Courts (AOC) or that the evaluator seek individual approvals from the AOC to take the courses.

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The Sacramento Family Court stated that it notified private evaluator panel members that they must attend training approved by the AOC or seek individual approval of required courses.


To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should create a record retention policy to retain the applications and training records related to private mediators and evaluators on its panel list for as long as they remain on the list.


The Sacramento Family Court stated it established a policy to maintain applications and training records with the private mediator’s or evaluator’s initial application for as long as the private mediator or evaluator remains on the court’s panel list.


To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should establish a process to ensure that the private mediators and evaluators file their declarations of qualifications with the court no later than 10 days after notification of each appointment and before they begin work on a case.


The Sacramento Family Court modified its Order for Private Mediation and its Order Appointing Child Custody Evaluator to include a requirement that the appointed private mediator or private evaluator file a declaration regarding qualifications within 10 days of notification of the appointment and before beginning work on the case.


To verify that its private mediator and evaluator panel members meet the minimum qualifications and training requirements before appointment, the Sacramento family court should reinstate its local rules for private mediators and evaluators to provide a minimum of three references, and for private evaluators to provide a statement that they have read the court’s evaluator guidelines.


The Sacramento Superior Court stated that because the declaration they must complete confirms their qualifications, it does not believe it is necessary to reinstitute the local rule requiring private mediators and evaluators to provide a minimum of three references or the local rule requiring private evaluators to provide a statement that they have read the court’s evaluator guidelines. The court also stated that it does not have the resources to maintain and update a guideline, the contents of which are based upon statute, local rules, and the rules of court. Finally, the court stated it expects that appointees are aware of and have read all applicable statutes and rules.

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The Sacramento family court should ensure that minor’s counsel submit, within 10 days of their appointment, the required declarations about their qualifications, education, training, and experience. Specifically, the family court should send annual notices to the minor’s counsel it appoints, instructing them to file the declaration.


The Sacramento Superior Court stated that it does not believe it is necessary to send annual notices to appointed minor’s counsel of the need to file a declaration. The court stated that the order appointing minor’s counsel includes a specific requirement that the minor’s counsel submit a declaration within 10 days of appointment and before beginning any work on a case. The court stated that it will provide minor’s counsel with an order in each case it appoints counsel.


The Sacramento family court should ensure that minor’s counsel submit, within 10 days of their appointment, the required declarations about their qualifications, education, training, and experience. Specifically, the family court should continue to ensure the appointment orders direct the minor’s counsel to complete and promptly file the declaration.


The Sacramento Family Court included in its Order Appointing Counsel for a Child the specific requirement to file a declaration of qualifications within 10 days of appointment or before beginning work on a case.


To make sure that the minor’s counsel it appoints meet the additional standards required by the superior court’s local rules, the Sacramento family court should obtain any missing applications for minor’s counsel before appointing them to any future cases.


The Sacramento Superior Court stated that it does not have the resources to obtain and review all previous training records or to require and review the resubmission of applications for each minor’s counsel.


To make sure that the minor’s counsel it appoints meet the additional standards required by the superior court’s local rules, the Sacramento family court should create a record retention policy to retain the minor’s counsel applications for as long as they remain on its panel list.


The Sacramento Family Court stated it established a policy to maintain applications and training records with the minor’s counsel initial application for as long as the minor’s counsel remains on the court’s panel list.

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To ensure that the FCS mediators are qualified, the Marin superior and family courts should retain documentation in the FCS mediators’ official personnel files to demonstrate that they met the minimum qualifications.


The Marin superior and family courts adopted a policy requiring FCS mediators to submit annually their original certificates of training for retention in their official personnel files.


To ensure that the FCS mediators are qualified, the Marin superior and family courts should verify the initial training of those FCS mediators hired who have worked at other superior courts.


The Marin superior and family courts adopted a policy requiring its newly hired FCS mediators who have worked at other superior courts to submit to it copies of their certificates of training for retention in their official personnel files. If the mediator is unable to produce these records, the court will attempt to obtain the records from the FCS mediator’s former court employer. If the records are unavailable, the court will require the FCS mediator to prepare a sworn statement that he or she has met these requirements in another court.


To ensure that the FCS mediators are qualified, the Marin superior and family courts should ensure that the FCS mediators receive supervision from someone who is qualified to perform clinical supervision so that they can resume their participation in performance supervision, as the court rules require.


The Marin superior and family courts contracted with a clinical supervisor to provide three onsite visits per year to conduct performance supervision.


To confirm that the private evaluators the family court appoints are qualified, the Marin superior and family courts should establish a process to ensure that the private evaluators file declarations of their qualifications with the court no later than 10 days after notification of each appointment and before they begin any work on a case.


The Marin superior and family courts developed procedures to ensure that private evaluators file their declarations of qualifications no later than 10 days after notification of each appointment and before they begin any work on a case.


To confirm that the private evaluators the family court appoints are qualified, the Marin superior and family courts should adopt a local rule regarding procedures for the private evaluators to notify the family court that they have met the domestic violence training requirements. If the superior

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court chooses not to adopt a local rule, the family court should establish a process to ensure that the private evaluators attach copies of their domestic violence training certificates to their completed evaluation reports.


The Marin Superior Court adopted a local rule requiring private evaluators to submit annually to the court copies of their domestic violence training certificates.


To verify that the private minor’s counsel it appoints are qualified, the Marin family court should establish a process to ensure that minor’s counsel submit, no later than 10 days after notification of their appointment and before working on a case, the required declaration of qualifications.


The Marin superior and family courts developed procedures to ensure that minor’s counsel file their declarations of qualifications no later than 10 days after notification of each appointment and before they begin any work on a case.


To make certain that it orders evaluations as the court rules require, the Marin family court should consistently use the standard form.


The Marin Family Court acknowledged that the Order Appointing Child Custody Evaluator was the standard form and stated that it would consistently use the form for all future private evaluator appointments.


To ensure that all complaints regarding FCS staff are tracked properly and reviewed promptly, the Sacramento FCS and family court should keep a complete log of all verbal and written complaints they receive regarding FCS staff.


The Sacramento FCS and family court developed a log to track all verbal and written FCS staff complaints it receives.


To ensure that all complaints regarding FCS staff are tracked properly and reviewed promptly, the Sacramento FCS and family court should follow the established complaint process, including retaining the appropriate documentation to demonstrate adherence to the process.


The Sacramento FCS and family court stated that it uses a log to document the steps taken to resolve complaints.

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Recommendation 2.1.c—See pages 53 and 54 of the audit report for information on the related finding.

To ensure that all complaints regarding FCS staff are tracked properly and reviewed promptly, the Sacramento FCS and family court should establish specific time frames for responding to complaints.


The Sacramento FCS and family court modified the client complaint process to reflect that FCS will act on all verbal and written complaints within 90 days of receiving them.


To make certain that all complaints regarding FCS staff are tracked properly and reviewed promptly, the Marin Superior Court should keep a complete log of all verbal and written complaints it receives regarding FCS staff.


The Marin Superior Court developed a log to track all verbal and written FCS staff complaints it receives.


To make certain that all complaints regarding FCS staff are tracked properly and reviewed promptly, the Marin Superior Court should ensure that FCS follows the court’s established complaint process, including retaining the appropriate documentation to demonstrate adherence to the process.


The Marin Superior Court developed an FCS mediator complaint tracking form and stated that its human resources manager will complete the form while investigating the complaint, attach the form to the written complaint or to the notes pertaining to a verbal complaint, and retain the form in the FCS complaint file for mediators.


To verify that all complaints received about the private mediators or evaluators that the family court appoints are tracked and reviewed promptly, the Sacramento Superior Court should a keep log of all complaints it receives.


The Sacramento Superior Court established a log for complaints about private mediators and private evaluators.


To verify that all complaints received about the private mediators or evaluators that the family court appoints are tracked and reviewed promptly, the Marin Superior Court should a keep log of all complaints it receives.

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The Marin Superior Court developed a log to track all written private evaluator complaints it receives.


The Marin Superior Court should make certain that for future complaints it may receive, the court follows the steps stated in its process for registering complaints about evaluators.


The Marin Superior Court developed an evaluator complaint tracking form and stated that its human resources manager will complete the form while overseeing the investigation of the complaint, attach the form to the written complaint along with the evaluator’s written response and the written response from the other party if one is provided, and retain the form in the FCS complaint file for private evaluators.


To ensure that it provides transparency for the parties in family court cases, the Sacramento Superior Court should develop a local rule that defines its process for receiving, reviewing, and resolving complaints against private mediators and evaluators.


The Sacramento Superior Court drafted local rules related to the complaint process for private mediators and evaluators. If approved by the Judicial Council, the rules will take effect January 1, 2012.


To clearly identify its process for registering complaints about private evaluators, the Sacramento Superior Court should make the necessary corrections to its 2012 local rules to add the complaint procedures that were omitted in error.


The Sacramento Superior Court drafted local rules related to the complaint process for private mediators and evaluators. If approved by the Judicial Council, the rules will take effect January 1, 2012.


To strengthen its accounting process for California Family Code Section 3111 evaluations, the Sacramento Superior Court should update its accounting procedures related to billing FCS evaluation costs to include steps for verifying the mathematical accuracy of the FCS summary and the proper allocation of costs between the parties.

Sacramento Superior Court’s Action: No action taken.


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To strengthen its accounting process for California Family Code Section 3111 evaluations, the Sacramento Superior Court should update its process for collecting amounts it is owed for California Family Code 3111 evaluations.


The Sacramento Superior Court reported that it mailed out delinquent account notices. In addition, the court noted that the accounting unit will provide up to two delinquent account notices and any remaining outstanding accounts will be referred to a private collection agency.


To strengthen its accounting process for California Family Code Section 3111 evaluations, the Sacramento Superior Court should develop a written policy for reviewing periodically the hourly rate it charges parties for 3111 evaluations.


The Sacramento Superior Court developed a written policy for reviewing periodically the hourly rate it charges parties for Family Code Section 3111 evaluations. However, the Sacramento Superior Court reported to us that effective July 2011 FCS will no longer conduct Family Code Section 3111 evaluations. The court cited budget reductions as its reason for discontinuing this service.


To strengthen its processes related to minor’s counsel fees, the Sacramento superior and family courts should ensure that determinations about the parties’ ability to pay are made in accordance with the court rules and are properly reflected in the orders appointing minor’s counsel.


The Sacramento superior and family courts stated that they have developed a process for documenting the judicial determination and allocation of the payment of minor’s counsel fees.


To strengthen its processes related to minor’s counsel fees, the Sacramento superior and family courts should finalize, approve, and implement the draft procedures for processing minor’s counsel invoices.


The Sacramento superior and family courts stated that the accounting staff implemented procedures for processing minor’s counsel invoices.


To strengthen its processes related to minor’s counsel fees, the Sacramento superior and family courts should make certain that accounting follows the appropriate court policy when reviewing minor’s counsel costs and that accounting does not pay costs that the policy does not allow.

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The Sacramento superior and family courts stated that the accounting staff continue to follow the court policy so that only costs permitted by that policy are paid.


To strengthen its processes related to minor’s counsel fees, the Sacramento superior and family courts should take the steps necessary to confirm that accounting does not make duplicate or erroneous payments to minor’s counsel.


The Sacramento superior and family courts stated that the accounting staff implemented the procedures for processing minor’s counsel invoices and have taken steps to assure the duplicate payments are not remitted to minor’s counsel.


To strengthen its processes related to minor’s counsel fees, the Sacramento superior and family courts should take necessary steps to collect minor’s counsel costs that accounting has paid improperly.


The Sacramento Superior Court stated that overpayments to minor’s counsel have either been billed or deducted from a subsequent invoice payment.

Recommendation 2.9— See pages 67 and 68 of the audit report for information on the related finding.

To ensure that it reimburses only appropriate and necessary minor’s counsel costs, the Marin Superior Court should develop a written policy that outlines the costs it will reimburse and that requires the attorneys to provide original receipts for their costs.


The Marin Superior Court developed a policy for reviewing incidental costs on minor’s counsel invoices. The policy reflects the court’s reimbursement rates and, in certain circumstances, requires minor’s counsel to provide receipts.


To make its conflict-of-interest policy more effective, the Marin Superior Court should modify its conflict-of-interest policy to include documenting the cause of potential conflicts of interest in writing and tracking their final disposition.


The Marin Superior Court modified its conflict-of-interest policy to require the mediator to notify the human resources manager in writing if an actual, potential, or perceived conflict of interest exists. The policy requires the human resources manager to notify the mediator in writing regarding the final disposition.

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To make its conflict-of-interest process more effective, the Sacramento FCS should continue to maintain its log recording potential conflicts of interest.


The Sacramento Family Court stated that it will continue to maintain its log of all FCS mediator conflicts of interest.


To make its conflict-of-interest process more effective, the Sacramento FCS should update its conflict-of-interest policy to match its practice of identifying cases that could present a real or perceived conflict of interest, including cases involving court employees, and to include its current practice of documenting potential conflicts of interest in the FCS files.


The Sacramento Family Court updated its policy to document its current practice of identifying cases that could present an actual or perceived conflict of interest. The court also stated it implemented a process to maintain records pertaining to conflicts of interest in the FCS case files.


The Sacramento Superior Court should develop and implement processes to review periodically the court rules to ensure that its local rules reflect all required court rules.


The Sacramento Superior Court stated that it has assigned to its family law research attorney the ongoing responsibility of reviewing all changes to the court rules, which necessitate any change to its local rules.


The Marin Superior Court should develop and implement processes to review periodically the court rules to ensure that its local rules reflect all required court rules.


The Marin Superior Court has developed a process to review periodically the court rules to ensure that its local rules reflect all required court rules. According to the court executive officer, she made assignments to court managers to review new and amended court rules to ensure that the court is aware of any provisions that require the court to adopt them.

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January 201422

STATE AUDITOR’S ASSESSMENT

REPORT TITLE, NUMBER, AND ISSUE DATE RECOMMENDATION

NUMBER OF YEARS RECOMMENDATION

APPEARED IN THIS REPORT

ESTIMATED DATE OF

COMPLETION

AUDITEE DID NOT SUBSTANTIATE ITS

CLAIM OF FULL IMPLEMENTATION

AUDITEE DID NOT ADDRESS ALL

ASPECTS OF THE RECOMMENDATION

Department of Justice

Juvenile Justice Realignment: Limited Information Prevents a Meaningful Assessment of Realignment’s Effectiveness 2011-129 (September 2012)

7. To ensure the accuracy and completeness of the data the counties submit into the Juvenile Court and Probation Statistical System (JCPSS), Justice should follow its procedure to send annual summaries of the JCPSS data to the counties for review and to conduct occasional field audits of the counties’ records.

1 January 2014

9. To ensure that its criminal history system contains complete and accurate data related to juvenile offenders, Justice should implement a procedure similar to the one it employs for the JCPSS to verify the accuracy of information the counties submit.

1 January 2014

Emergency Management Agency

California’s Mutual Aid System: The California Emergency Management Agency Should Administer the Reimbursement Process More Effectively 2011-103 (January 2012)†

1. To make certain that emergency response agencies receive reimbursements on time, Cal EMA should establish procedures to ensure that paying entities do not delay reimbursements.

1 Unknown

4. To make certain that local agencies calculate correctly their average actual hourly rates, Cal EMA should audit a sample of invoices each year and include in the review an analysis of the accuracy of the local agencies’ average actual hourly rates reported in the agencies’ salary surveys.

1 *

5. To make certain that local agencies calculate correctly their average actual hourly rates, if Cal EMA determines that the local agencies’ rates are incorrect, it should advise the agencies to recalculate the rates reported in their salary survey. Local agencies that fail to submit accurate average actual hourly rates should be subject to the base rates.

1 *

7. If FEMA determines that the calculations and claims identified in the Office of Inspector General’s audit report were erroneous, Cal EMA should modify the time sheets to track the actual hours that the responding agency works as well as the dates and times that the agency committed to the incident and returned from the incident.

1 Unknown

8. If FEMA determines that the calculations and claims identified in the Office of Inspector General’s audit report were erroneous, Cal EMA should ensure that the replacement for its current invoicing system can calculate the maximum number of reimbursable personnel hours under both FEMA’s policy and the CFAA.

1 Unknown


Sacramento and Marin Superior Courts: Both Courts Need to Ensure That Family Court Appointees Have Necessary Qualifications, Improve Administrative Policies and Procedures, and Comply With Laws and Rules 2009-109 (January 2011)

6. To make certain that the FCS evaluators are qualified, the Sacramento family court should develop processes to ensure that it signs all FCS evaluator declarations of qualifications annually.


7. To make certain that the FCS evaluators are qualified, the Sacramento family court should ensure that its unlicensed FCS evaluators complete the licensing portion of the annual declarations of qualifications.


8. To make certain that the FCS evaluators are qualified, the Sacramento family court should identify the training each of the FCS evaluators need to satisfy the court rules’ requirements and ensure that they attend the trainings.


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Investigative Reporting, News, Analysis, Opinion & Satire

Sacramento Family Court NewsHOME JUDGE PRO TEMS 3rd DISTRICT COURT of APPEAL RoadDog SATIRE

ABOUT FAMILY COURT NEWS CONTACT FAMILY COURT NEWS Terms & Conditions Privacy Policy

ATTORNEY MISCONDUCT DOCUMENT LIBRARY

14 January 2013

Sacramento Superior Court Employee Misconduct: Family Court Whistleblower Alleges Systemic Code of Civil Procedure and Court Rule Violations by Court Administrators & Clerks

Color of Law: The Conspiracy to End Pro Per AppealsA Sacramento Family Court News Exclusive Investigative Report. Part 1.This story is part of an ongoing investigation and was updated in September, 2013

A Sacramento County Family Court whistleblower has leaked to Sacramento Family Court News court records indicating that countless family court cases are missing critical paperwork required by state law. After any family court hearing which results in a judgment regarding child custody or visitation, spousal support, or any other judgment subject to immediate appeal, California Rules of Court rule 5.134 requires court clerks to enter, file and serve a Notice of Entry of Judgment. State court rule 8.104(e) defines "judgment" as any appealable order. By law, the court clerk must use Judicial Council Form FL-190 to provide the notice of entry to all parties. The notice provides an important notification regarding the right to appeal, and the destruction of exhibits on file with the court. In addition, two other components of the FL-190 form eliminate ambiguity in the time frame for an appeal, according to the California Supreme Court. In a 2007 decision, the high court noted that the title of the mandatory form and the clerk's certificate of mailing at the bottom of the notice were drafted specifically to eliminate miscalculations and disputes related to appeal time frames. Click here and scroll down to the highlighted text to view the relevant sections of the 2007 Supreme Court case.

For appealable judgments in law and motion proceedings, Sacramento Family Court Director of Operations Julie Setzer, Manager Colleen McDonagh and Supervising Courtroom Clerk Denise Richards have directed

Sacramento Family Court Chiefs Julie Setzer and Colleen McDonagh Responsible for Serial State Law Violations, Whistleblower Charges

Sacramento County Family Court Director of Operations Julie Setzer and Manager Colleen McDonagh have directed court employees to disregard state laws mandating entry of judgment procedure, charges a family court whistleblower.

JUDICIAL MISCONDUCT (63)

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ATTORNEY MISCONDUCT (35)

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FLEC (28)

SCBA (22)

ARTS & CULTURE (21)

CHILD CUSTODY (21)

PETER J. McBRIEN (20)

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EMPLOYEE MISCONDUCT (18)

PRO PERS (18)

DOCUMENTS (16)

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court employees to simply ignore the law, according to the source, who provided the information on the condition of anonymity because they could be subject to retaliation for the disclosure.

To continue reading Part 1 of our series Color of Law, click Read more >> below.

"This has been going on for years and judges, attorneys, the family law facilitator, the court of appeal, everyone is in on this. One objective is to reduce or eliminate appeals by the indigent and self-represented," the source explained. "The FL-190 is the first notification they get that they even have appeal rights. Without the notice, most pro per parties are completely unaware that they can appeal child custody, visitation, support and many other rulings from OSC and motion hearings."

The mandatory Judicial Council form contains a notification about the right to appeal a court order, and a warning that exhibits may be destroyed or disposed of after 60 days from the expiration of the appeal time.

In a 2007 decision, Alan v. American Honda Motor Co., the California Supreme Court emphasized the importance of the mandatory Judicial Council FL-190 form, and that the requirement is unique and specific to family law proceedings. According to the Supreme Court, one critical function of the form is to establish the time frame within which an appeal of law and motion orders can be filed.

"The clerk is required to give notice only in designated family law matters (Code Civ. Proc., § 664.5, subd. (a); rule 5.134)...In those family law proceedings in which the clerk must always give notice, rule 5.134 requires the clerk to use a Judicial Council form (FL-190) specifically drafted to ensure compliance with rule 8.104(a)(1). Obviously, problems are more likely to occur when no approved form of notice is available...The Judicial Council form (FL-190) that clerks must use in family law proceedings...avoids ambiguity...by bearing the title, "Notice of Entry of Judgement," and by including at the bottom of its single page a form for the clerk's certificate of mailing." Click here to view Alan v. American Honda Motor Co.

Sacramento Family Court clerks not only do not file and serve the FL-190 form as required by law, they permit Sacramento County Bar Association Family Law Section lawyers to file a counterfeit version of the form which omits both the appeal rights notification and the clerk's certificate of mailing.The fictitious form also is served by a private sector lawyer - not a neutral public court clerk as required by both the Code of Civil Procedure and the state court rules. Using in place of the state mandated form an unauthorized, self-serving form that omits appeal rights and other important notifications required by law also raises moral turpitude and other ethical implications against attorneys who engage in the deception. Click here for our complete report on the counterfeit form issue.

Omission of FL-190 Reduces Appeals by Family Court Parties Without Lawyers

Indigent and self-represented Sacramento Family Court parties do not receive this notice about their right to appeal child custody/visitation, support and other orders.

California Supreme Court Confirms FL-190 Mandatory

The clerks certificate of mailing at the bottom of the FL-190 form contains information critical to filing a timely appeal.

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Posted by PR Brown at 11:15 PM

Labels: ADMINISTRATORS, ANALYSIS, APPEALS, CEO, CIVIL LIABILITY, COLLEEN MCDONAGH, COLOR OF LAW SERIES, EMPLOYEE

CODE OF ETHICS, EMPLOYEE MISCONDUCT, JULIE SETZER, NEWS EXCLUSIVE, STATE AUDITOR, WHISTLEBLOWERS

Location: Sacramento County Superior Court - Family Relations Courthouse

Using the family law legal references used by judges and attorneys, Sacramento Family Court News verified that the FL-190 must be served and filed by a court clerk for all appealable orders. To view the FL-190 procedure reference in California Practice Guide: Family Law, written by judges for judges and attorneys, and published by The Rutter Group, click here. To view a similar reference in the companion California Practice Guide: Civil Appeals and Writs, click here. In addition to the gold standard family law references, California Practice Guide: Family Law and Civil Appeals and Writs, the same procedure also is specified in Witkin California Procedure. Click here to view the Witkin instructions.

The Third District Court of Appeal in Sacramento publishes a Self-Help Manual [pdf] for self-represented litigants which confirms that, by law, appealable orders are the same as judgments, and therefore require service of the FL-190 form. Page 10 of the Self-Help Manual reads:

"Note that the same rules about an appeal from a judgment apply to an appeal from an appealable order, as the rules of court dealing with appeals define 'judgment' as including an order that may be appealed. (CRC 8.10(4).)" Click here to view this excerpt from the Self-Help Manual.

The whistleblower pointed out that superior court and Court of Appeal judges, the family law facilitator and court employees are all paid by taxpayers to know and comply with the law. "There are thousands of court files without FL-190's. You cannot, with a straight face, tell me that they all have never noticed that the files do not contain this mandatory Judicial Council form where required after law and motion hearings." According to public records, Julie Setzer is paid $4,460 every two weeks, Colleen McDonagh earns $3,460 every two weeks, and Denise Richards earns $36 per hour. Family court judges are paid $169,000 per year.

Filing and service of the Notice of Entry of Judgment is required by California Rules of Court rule 5.134. As of 2011, the failure by government employees to comply with any state court rule is a violation of the Whistleblower Protection Act, and constitutes government misconduct in the same category as corruption, malfeasance, bribery, theft of government property, fraud, coercion and similar types of misconduct. Court employees who violate court rules and other laws also violate Tenet Five of the California Court Employee Code of Ethics. At the local level, Sacramento County Superior Court policies and administrative procedures provide a discipline process for court employees who violate court rules, cause discredit to the court, or engage in discriminatory, dishonest, discourteous or unbecoming behavior. Click here to read the court's discipline policy.

"It is understood that the Court has a critical role to play in the County's justice system. It is vital that the public maintain its trust in the Court system. As a result, trial court employees will be held to a higher standard of conduct than employees of other organizations," reads the policy introduction.

Click here to read all articles in the Color of Law series.

Related posts:

Click here for articles about family court employee misconduct.

Click here for reporting on judicial misconduct.

Click here for posts about the Family Law Facilitator.

Click here for family court whistleblower articles.

Click here for family court watchdog coverage.

If you found this article useful or informative please share it on Facebook, Twitter or recommend it on Google+ and other social networking sites.

Judge-Attorney Legal References Confirm FL-190 Procedure

3rd District Court of Appeal Verifies Appealable Orders Require FL-190

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16 January 2013

Sacramento Family Law Facilitator Misconduct: Lollie Roberts Violates State Law - Mirrors Unlawful Court Administrator Policy, Whistleblower Alleges

Color of Law: The Conspiracy to End Pro Per Appeals

A Sacramento Family Court News Exclusive Investigative Report. Part 2

This story is part of an ongoing investigation and was updated in September, 2013.

In a scheme allegedly coordinated with family court administrators, Sacramento Superior Court Supervising Family Law Facilitator Lollie Roberts has directed her staff to dispense false information to unrepresented family court litigants. Roberts' objective is to help conceal systemic violations of the Code of Civil Procedure and state court rules by family court employees, according to court records and other information leaked by a family court whistleblower to Sacramento Family Court News. Another objective of the alleged plan is to obstruct pro per appeals by concealing a critical, state law mandated appeal rights notification from unrepresented, indigent or financially disadvantaged family court litigants, according to the whistleblower, who provided the information on the

Family Law Facilitator Office Gives False Info To Pro Per Per Parties - Parrots Illegal Court Administrator Policy

Lollie Roberts, the Sacramento County Superior Court Family Law Facilitator has directed her staff to dispense false information about the state law mandated Notice of Entry of Judgment FL-190 form, a whistleblower charges.


JUDGE PRO TEM (49)



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condition of anonymity because they could be subject to retaliation for the disclosure.

The appeal notice is part of a mandatory Judicial Council form, FL-190, which under state law court clerks are required to file and serve after a family court judge issues an appealable order. As SFCN previously reported, court administrators have instructed court clerks not to issue the FL-190 paperwork for appealable orders issued at law and motion hearings. Roberts and her staff are conveying the same inaccurate information by instructing pro per parties that the FL-190 is only issued when a divorce is finalized, and that appealable law and motion orders are not judgments requiring issuance of the form. The falsity of the information has been verified by both the California Supreme Court and Third District Court of Appeal.


As our series of reports documents, the alleged plan involves ensuring that unrepresented, financially disadvantaged pro per family court parties do not receive notification of their right to appeal court orders related to child custody/visitation, support and other judgments that can immediately be appealed. Other parts of the scheme include obstructing the appeal fee waiver process, imposing an illegal 60-day appeal time frame where the lawful time frame is 180-days, and impeding the ability to obtain a court reporter at trial court hearings, and a court reporter transcript, without which an effective appeal is impossible. Co-conspirators in the plan allegedly include family court administrators, employees and clerks, judges, and judge pro tem members of the Sacramento County Bar Association Family Law Section. Staff at the Third District Court of Appeal reportedly have tacitly condoned the plan by ignoring trial court irregularities and other evidence that reaches the reviewing court.

The function and duties of the Family Law Facilitator for each county in California are specified in the Family Law Facilitator Act, Family Code Section 10000-100015. Facilitator duties include assisting "unrepresented and financially disadvantaged litigants in gaining meaningful access to family court."

California Rules of Court rule 5.430 sets out the minimum standards for the Office of the Family Law Facilitator. The minimum standards include knowledge of family law procedures and child support law. In addition, Appendix C of California Rules of Court provides guidelines for operation of the facilitator's office. The guidelines include providing competent legal information, including procedural information and education so that litigants will have increased access to the court.

As we reported in Part 1 of our Color of Law series, a family court whistleblower alleges that Sacramento Family

Court Director of Operations Julie Setzer, Court Manager Colleen McDonagh and Supervising Courtroom Clerk Denise Richards have directed court employees to ignore state laws that require family court parties to be notified of their appeal rights and the time frame within which an appeal can be filed. The notifications are part of the mandatory Judicial Council FL-190 Notice of Entry of Judgment form that must be filed and served by court clerks after any family court hearing which results in a judgment regarding child custody or visitation, support, or any other appealable order. To read Part 1 of the series, click here.

Court records provided by the whistleblower indicate that Family Court Facilitator Lollie Roberts has instructed her staff to notify unrepresented, in pro per family court litigants seeking help that the Notice of Entry of Judgment is only required for a final judgment, issued at the conclusion of a divorce, separation or nullity. The information is demonstrably false and can ultimately result in a waiver of critical appeal rights of orders involving child custody, support, and other appealable orders. When the FL-190 Notice of Entry of Judgment form is not served on unrepresented and financially disadvantaged pro per litigants, most are unaware that they have a right to appeal the order, and after 180-days the right to appeal the order is lost forever. In Part 3 of our Color of Law report, additional court documents leaked by a family court whistleblower indicate that family court

The Plan to End Pro Per Appeals

The Family Law Facilitator

Family Law Facilitator Dispenses False Information

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administrators have implemented an unlawful policy that condenses the 180-day appeal time frame to just 60-days.

Facilitator records provided to SFCN about the entry of judgment issue indicate unlawful conduct by the Family Law Facilitator's Office. Using the facilitator e-Correspondence System, in writing an indigent, unrepresented pro per family court party asked facilitator staff why they had not received a Judicial Council FL-190 Notice of Entry of Judgment form after court orders for child custody and support were issued in the case. To read the original written question submitted by the pro per to the Family Law Facilitator, click here.

In response, staff of the Facilitator's Office falsely claimed that the FL-190 "is only issued when a judgment of dissolution, legal separation, nullity (or some other judgment such as paternity) is entered on the record." The response also falsely asserted that a Notice of Entry of Judgment is not issued when "a formal Findings and Order After Hearing is

entered." Click here to read the response. The answer is calculated to confuse an unrepresented and financially disadvantaged in pro per litigant who would have little or no knowledge of family law and procedure, according to the whistleblower. The FL-340 findings and order after hearing form is usually prepared by the opposing attorney and the form does not contain the FL-190 appeal rights notification, nor the critical clerk's certificate of mailing which establishes the lawful appeal time frame. Under state law, a neutral court clerk - not an opposing attorney - is responsible for filing and service of the FL-190. As explained by the source,

"The facilitator response says 'It appears that many times in your case Findings and Orders After Hearing were entered but since these were not judgments, no Notice of Entry of Judgment was issued.' That answer is untrue. Almost any court employee knows, or should know that the findings and order after hearing paperwork simply memorializes a court order. It is unrelated to a Notice of Entry of Judgment, which in cases with child custody, support and other appealable orders, is by law required to be filed after the findings and order after hearing paperwork is filed," the whistleblower said. "Just look at California Rules of Court rule 8.104(e), it defines 'judgment' as any appealable order."

The leading family law legal reference book used by judges, attorneys, and appellate courts reviewing trial court mistakes is California Practice Guide: Family Law. The Practice Guide verifies that for purposes of appeal, the terms judgment and order are synonymous, and the book refers to the same court rule as the whistleblower, 8.104(e). "An appealable order is a judgment - the facilitator staff response is not accurate and could lead an unrepresented, financially disadvantaged party to believe they could not appeal an order that was, in fact, appealable," the source added. Other legal references parrot the Practice Guide. For example, Witkin California Procedure specifies that "Some determinations, although characterized as 'orders' are in effect final judgments..." and that "the chief test is appealability." Witkin also verifies that in family court cases, the term "judgment" includes any appealable order, and that the FL-190 must be served and filed on all parties by a court clerk. Click here to view the Witkin excerpt. The California Supreme Court and the Third District Court of Appeal in Sacramento provide similar information.

In a 2007 decision, Alan v. American Honda Motor Co., the California Supreme Court emphasized the importance of the mandatory Judicial Council FL-190 form, and that the requirement is unique and specific to family law proceedings. According to the Supreme Court, one critical function of the form is to establish the time

In assessing whistleblower claims, Sacramento Family Court News relies on the gold standard reference for family law, California Practice

Guide: Family Law. The Practice Guide is used by family court judges and family law attorneys. Using the Practice Guide, Sacramento Family Court

Judge Matthew J. Gary provides monthly "Bench Tips" to family law attorneys.

This notice of appeal specifically notified Sacramento Family Court appeals unit staff that a notice of entry of judgment was never filed in the case as required by law. The clerk unlawfully applied a 60-day appeal time frame and rejected the appeal as untimely. The notice was

filed well within the correct 180-day time frame. For the full story, see Part 3 of our Color of Law series. Click here.

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frame within which an appeal of law and motion orders can be filed.


Sacramento Family Court clerks not only do not file and serve the FL-190 form as required by law, they permit Sacramento County Bar Association Family Law Section lawyers to file a counterfeit version of the form which omits both the appeal rights notification and the clerk's certificate of mailing.The fictitious form also is served by a private sector lawyer - not a neutral public court clerk as required by both the Code of Civil Procedure and the state court rules. Using in place of the state mandated form an unauthorized, self-serving form that omits appeal rights and other important notifications required by law also raises moral turpitude and other ethical implications against attorneys who engage in the deception. Click here for our complete report on the counterfeit form issue.

The 3rd District Court of Appeal publishes a Self-Help Manual [pdf] for self-represented litigants that confirms the same information regarding appealable orders. Page 10 of the Self-Help Manual reads:


Filing and service of the Notice of Entry of Judgment is required by California Rules of Court rule 5.134. As of 2011, the failure by government employees to comply with any state court rule is a violation of the Whistleblower Protection Act, and constitutes government misconduct in the same category as corruption, malfeasance, bribery, theft of government property, fraud, coercion and similar types of misconduct. Court employees who violate court rules and other laws also violate Tenet Five of the California Court Employee Code of Ethics. At the local level, Sacramento County Superior Court policies and administrative procedures provide a discipline process for court employees who violate court rules, cause discredit to the court, or engage in discriminatory, dishonest, discourteous or unbecoming behavior. Click here to read the court's discipline policy.


If, as the whistleblower alleges, the non-compliance with rule 5.134 is part of a larger scheme or conspiracy that ultimately deprives unrepresented, financially disadvantaged litigants of civil or constitutional rights, court

The "Clerk's Certificate of Mailing" at the bottom of the FL-190 form is a critical part of the form because it establishes the time frame during which an appeal can be filed, according to the California Supreme Court.

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employees and taxpayers could be exposed to financial liability in a civil lawsuit. Federal criminal statutes may also apply. Federal criminal law prohibits conspiracy against civil rights and deprivation of rights under color of law. Sacramento Family Court receives federal funding, and court users have a federally protected right to honest services. Court employees, managers and administrators who fail to provide honest services may be subject to criminal prosecution under federal law.

In Part 3 of our Color of Law report, a Sacramento County Family Court clerk unlawfully refuses to file an appeal for an unrepresented and financially disadvantaged litigant. Click here to read Part 3.


Sacramento Family Court News acknowledges the confidential source who provided us with the tip that resulted in this article. We appreciate the tip. To send us your anonymous tip by email, use our Contact Page. All communications are protected by the reporter's privilege and the California Shield Law. For further details about our confidentiality policy, see our About Page and our Terms & Conditions Page.

Related articles and posts:

A variety of illegal tactics used by court employees, judges, the Family Law Facilitator Office and judge pro tem attorneys to obstruct family court appeals by unrepresented, financially disadvantaged litigants.Click here.

Full-time family court judges failure to disclose judge pro tem conflicts of interest to opposing parties and attorneys. Click here.

Judge pro tem attorneys promoted a software program sold by the wife of a family court judge. Click here.

Court administrators concealing from the public judge pro tem attorney misconduct, including sexual battery against clients. Click here.

Illegal use of California vexatious litigant law by family court judges. Click here.

Waiver of judge pro tem qualification standards. Click here.

Failure to adequately train family court judges. Click here.

Allowing courtroom clerks to issue incomplete, useless fee waiver orders which prevent indigent and financially disadvantaged litigants from serving and filing documents. Click here.

The staff of attorney Lollie Roberts, Sacramento County Superior Court Supervising Family Law Facilitator, provided incorrect legal information to this indigent, self-represented family court party. The opposing party is represented by a veteran family law attorney.

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1 year ago

Most Family Law Facilitator's are also Attorneys who are currently part of the county bar association. Unlike the facilitator in Sacramento, Attorney Kevin. J, Mendrick, he had once represented my ex in a child support case. I called him on it, and told him that he worked on my case back in 2001, in the facilitators office he stated, " I don't remember you" I just laughed. He immediately got off the case. I am a strong believer in researching your

Cole Day Rain 1 year ago

I've been able to talk to the Family Law Facilitator's Office once. They basically took notes and promised to call me later. Later I was contacted and basically accused of lying. Why hadn't I signed the property settlement in the case I had agreed to sign on record? (Under duress I might add.) My answer was that the so-called agreement, when I finally received it for signature, was DIFFERENT than what I had been led to believe I was agreeing to. See, I

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Labels: ANALYSIS, APPEALS, COLOR OF LAW SERIES, COURT RULES, DENISE RICHARDS, EMPLOYEE MISCONDUCT, FAMILY LAW

FACILITATOR, JULIE SETZER, LOLLIE ROBERTS, NEWS EXCLUSIVE, PRO PERS, WHISTLEBLOWERS

Location: Family Court Sacramento - Sacramento County Superior Court: Family Relations Courthouse - William R. Ridgeway

Family Relations Courthouse, 3341 Power Inn Road, Sacramento, CA 95826, USA

Preferential treatment provided to judge pro tem attorneys by family court judges, administrators, and employees. Click here.

Unfair competition and monopolistic practices by family court judges and attorneys who also hold theOffice of Temporary Judge which may violate state unfair competition laws. Click here.

Judges cherry-picking state law and court rules to rewrite established law to reach a predetermined result to benefit judge pro tem attorneys. Click here.

The waste of scarce court resources and taxpayer funds caused by unnecessary appeals and other court proceedings. Click here and here.

Allowing judges with a documented history of misconduct and mistreatment of unrepresented litigants to remain in family court. Click here.

Concealing from the public but disclosing to the family law bar the demotion of problem judges. Click here.

Failing to enforce the Code of Judicial Ethics provisions applicable to temporary judges. Click here.

Allowing court clerks to commit perjury without apparent consequences. Click here.

For additional coverage of the people and issues in this post, click the corresponding labels below.

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06 February 2013

Sacramento County Superior Court Misconduct: Family Court Appeals Unit Unlawfully Refusing Appeals by Indigent, Pro Per Litigants

Color of Law: The Conspiracy to End Pro Per Appeals

A Sacramento Family Court News Exclusive Investigative Report. Part 3

Sacramento County Family Court clerks are unlawfully refusing to file appeals by unrepresented, financially disadvantaged family court litigants, according to a family court whistleblower. The policy constitutes an unlawful interference with court of appeal proceedings under California Rules of Court rule 8.23. The rejection occurs when a pro per party attempts to file a notice of appeal for child custody, support and other immediately appealable orders more than 60-days after order after hearing paperwork is filed. By law, the time frame to take an appeal from the orders is 180-days.The longer time frame applies because in family court cases, the court clerk must give the parties notice of entry of judgment using the Judicial Council FL-190 Notice of Entry of Judgment form. As policy, Sacramento Family Court does not issue the FL-190 form for appealable orders from motion and OSC hearings. When the form is not issued, the appeal time frame is 180-days. When the form is issued, the appeal time frame is 60-days. In Sacramento Family Court, all appealable motion and OSC orders are appealable for 180-days, yet court clerks are illegally rejecting the appeals after 60-days.


Family Court Appeals Unit Illegally Rejecting Appeals By Unrepresented, Financially Disadvantaged Litigants

This actual notice of appeal was filed by an unrepresented, indigent family court litigant and then unlawfully unfiled by a family court clerk. The clerk's conduct violates state law and constitutes unlawful interference with court of appeal proceedings. Click here to view the

full image.


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As Sacramento Family Court News documented in parts one and two of our Color of Law series, court administrators - including Supervising Family Law Facilitator Lollie Roberts - have directed subordinate employees to ignore state law requiring the FL-190 Notice of Entry of Judgment form be filed and served for all appealable orders issued at motion and OSC hearings. Click here to read part one and here to read part two. The FL-190 form notifies the parties of appeal rights and contains an important clerk's certificate of mailing which determines the time frame for an appeal, according to state law, including a 2007 California Supreme Court decision.

When the FL-190 form is correctly issued, the 60-day appeal time frame applies and begins to run when the clerk's certificate of mailing is completed and the form is served by the court on all parties. When the form is not issued, the appeal time frame is 180-days. Sacramento Family Court clerks both do not issue the FL-190 form, and still apply the shorter 60-day notice of appeal filing window using the filing date of order after hearing paperwork filed by attorneys. Court records leaked by a whistleblower include a letter from a court clerk "unfiling" a valid notice of appeal. In the letter, under penalty of perjury the clerk misstates the law, and notifies the unrepresented party that the previously filed appeal has been "unfiled." Attached to the letter is the litigants original filed notice of appeal with a red "X" scrawled over the original filing stamp, along with the notation "unfiled" and "SH," the initials of the clerk. SFCN has verified the authenticity of the documents by inspecting the original court file. The documents leaked to SFCN are identical to those in the file. Click here to view the original filed, and then unfiled notice of appeal. Click here to view the letter from the court clerk.

Unrepresented Sacramento Family Court litigants report that the second floor "appeals unit" at the Family Relations Courthouse is an unfriendly place. Sacramento Family Court News audits of several pro per appeals reveal that appeals unit employees routinely do not

follow state laws governing appeals.

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To justify the 60-day time frame used to reject the appeal, the letter from the court clerk refers to "a Judgment (sic)...filed and signed on May 18, 2012," and that the litigant was "noticed via mail with said judgment on May 25, 2012." The original court file from the case shows that the May 18 "judgment" referred to by the clerk was not a judgment. The May 18 document is a "findings and order after hearing" filed by the opposing attorney. Click here to view the complete May 18 document. The May 25 notice referred to by the clerk is a proof of service filed by the opposing attorney for the findings and order after hearing document.

The clerks rejection of the appeal is based on applying a 60-day appeal window using the May 25 date, making July 25, 2012 the deadline for filing the notice of appeal. The notice of appeal was filed on August 8, 2012, beyond the incorrect date used by the clerk, but well within the 180-day lawful time frame. The 60-day time frame is only applicable when an FL-190 is filed and served by the court clerk. The court file does not contain an FL-190. A findings and order after hearing filed and served by an opposing attorney is not a substitute for an FL-190, and does not result in a 60-day appeal time frame, according to state law and the family law references used by family court judges and attorneys, including California Practice Guide: Family Law, published by The Rutter Group. Click here to view the legal authority that applies to the connection between the FL-190 and the 180-day time frame. And in Alan v. American Honda Motor Co., the state Supreme Court pointed out that the title of the FL-190 and the clerk's certificate of mailing at the bottom of the form are specifically designed to eliminate disputes about the time frame for an appeal in family law cases. The alleged motive of the clerk's letter is to deceive a self-represented litigant with limited knowledge of family law, according to the whistleblower.

"The letter from the clerk is designed to confuse the unrepresented party, and make them believe the appeal was untimely," the whistleblower explained. "A typical pro per unfamiliar with the law would fall for this deception. But it is exactly that - a deception - and a deception that is demonstrably false, and illegal under [California Rules of Court] rule 8.23. It is an unlawful interference with court of appeal proceedings."

The Third District Court of Appeal in Sacramento also confirms that any appealable order is considered a

Shortly after filing a notice of appeal, this indigent, unrepresented family court litigant received this letter from Deputy Clerk Stephanie Hinman "unfiling" the appeal. Hinman misstated the law, and signed the letter under penalty of perjury. Click here to view the full letter.

"A Deception That Is Demonstrably False"

The clerk's certificate of mailing is a critical part of the mandatory FL-190 form because it determines the time fame within which a family case appeal can be taken, according to the California Supreme Court in Alan v. American Honda Motor Co.






California Statutes



Judicial Council





State Bar Court







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judgment, and therefore requires filing and service of the FL-190 form. Without the form, the 180-day appeal time frame applies. The information is provided in a Self-Help Manual [pdf] for self-represented litigants published by the appellate court. Page 10 of the Self-Help Manual includes:


Family court watchdogs and whistleblowers have long asserted, and documented, that family court judges and employees appear to be immune from oversight and accountability for misconduct. More than five months after the egregious error by Deputy Clerk Stephanie Hinman in rejecting a valid notice of appeal, the error remains uncorrected and, it is self-evident, no discipline has taken place. The refusal to file a lawful appeal constitutes unlawful interference with appellate court proceedings - a violation of California Rules of Court rule 8.23. "Misbehavior in office, or other willful neglect or violation of duty" by a clerk is punishable as contempt under Code of Civil Procedure §1209(a)(3). Under Canon 3C of the Code of Judicial Ethics, a judge's administrative responsibilities include ensuring staff and court personnel under the judge's direction and control observe "appropriate standards of conduct."

As of 2011, the failure by Judicial Branch employees to comply with any state court rule is a violation of the Whistleblower Protection Act, and constitutes government misconduct in the same category as corruption, malfeasance, bribery, theft of government property, fraud, coercion and similar types of misconduct. Employee conduct that is economically wasteful, involves gross misconduct, incompetency or inefficiency is also covered by the act. The act is enforced by the California State Auditor. Court employees who violate court rules and other laws also violate Tenet Five of the California Court Employee Code of Ethics. At the local level, Sacramento County Superior Court policies and administrative procedures provide a discipline process for court employees who violate court rules, cause discredit to the court, or engage in discriminatory, dishonest, discourteous or unbecoming behavior. Click here to read the court's discipline policy.


Yet from the local court to the state auditor, all of these rules, laws and policies have been ignored and gone unenforced.

Depriving unrepresented, financially disadvantaged litigants of civil or constitutional rights may expose court employees, supervisors, and taxpayers to financial liability in a civil lawsuit. Federal criminal statutes may also apply. Federal criminal law prohibits conspiracy against civil rights and deprivation of rights under color of law. Sacramento Family Court receives federal funding, and court users have a federally protected right to honest services. Court employees, managers and administrators who fail to provide honest services may be subject to criminal prosecution under federal law. The constitutional rights of due process, equal protection and access to the courts apply to everyone, irrespective of wealth.

The notice of appeal filed by the pro per specifically notified the Sacramento Family Court appeals unit clerk that no entry of judgment was filed for the orders being appealed. Under state law, the time frame for the appeal was 180 days. Click here to view the complete

notice.

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Thomas R 1 year ago - Shared publicly

Can anyone explain to me how the court clerk can set a hearing date that that makes it completely impossible to abide by California civil code of procedure 1005 where it makes

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Labels: ANALYSIS, APPEALS, COLOR OF LAW SERIES, COURT RULES, EMPLOYEE MISCONDUCT, FAMILY COURT SACRAMENTO,

FERRIS CASE, NEWS EXCLUSIVE, PRO PERS, S. HINMAN, WHISTLEBLOWERS

Location: County of Sacramento: Superior Court-William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Road,

Sacramento, CA 95826, USA

In Part 4 of our report Color of Law: The Conspiracy to End Pro Per Appeals, a court clerk files for a judge pro tem attorney a faux notice of entry of judgment designed to unlawfully invoke a 60-day appeal time frame.

Click here to read all published articles in the Color of Law series.

Sacramento Family Court News acknowledges the confidential source who provided us with the information and documentation for this article. We

appreciate the tip. To send us your anonymous tip by email, use our Contact Page. All communications are protected by the reporter's privilege and

the California Shield Law. For further details about our confidentiality policy, see our About Page and our Terms & Conditions Page.

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20 February 2013

Sacramento Divorce Attorney Paula Salinger Fraud on the Court Alleged: SCBA Family Law Section Officer and Judge Pro Tem Files Fake Notices with Court

Color of Law: The Conspiracy to End Pro Per AppealsA Sacramento Family Court News Exclusive Investigative Report. Part 4.

Sacramento Family Court News has obtained court records indicating that family court clerks allow judge pro tem attorneys to file counterfeit "Notice of Entry" paperwork in place of the Notice of Entry of Judgment that court clerks are by law required to file and serve on all parties. The sham notice conceals a critical appeal rights notification from indigent, unrepresented family court litigants, and at the same time ostensibly constricts the time frame for filing an appeal from 180-days to just 60-days, according to a family court whistleblower. The fake form also omits an important clerk's certificate of mailing, which the California Supreme Court has said is designed to avoid ambiguity in appeal time frames.

"This is a component of the collaboration between court administrators, judges and judge pro tem attorneys to eliminate pro per appeals," the source said. "The fake 'Notice of Entry' contains none of the mandatory notifications about appeal rights, and appeals unit clerks use the notice to unlawfully reject appeals after 60-days - as if it were the same as the mandatory Judicial Council FL-190 Notice of Entry of Judgment form," explained the whistleblower, who spoke on the condition of anonymity because they could be subject to retaliation for the disclosure. Instead of rejecting for filing the self-serving, homemade form, court clerks file it and then appeal unit clerks use it to impose an illegal, condensed appeal time frame on unwary pro pers, according to the source.

Family Court Clerks Let Judge Pro Tem Attorneys File Counterfeit Entry of Judgment Paperwork, Whistleblower Charges

Paula Salinger, a family law attorney who also holds the Office of Temporary Judge, uses this fake "Notice of Entry" document to reduce the chance that an unrepresented opposing party will be able to take an appeal, claims a family court whistleblower. Click here to read

the complete notice.


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As Sacramento Family Court News reported in Part 1 and Part 2 of our Color of Law series, court administrators, including Supervising Family Law Facilitator Lollie Roberts have directed court clerks to ignore state law requiring court staff to file and serve the FL-190 Notice of Entry of Judgment for all appealable orders issued at motion and OSC hearings. Roberts has instructed her staff to notify unrepresented, financially disadvantaged litigants that the FL-190 is not required for appealable orders issued at motion and OSC hearings. Click here to view the inaccurate information about the FL-190 requirement that Office of the Family Law Facilitator staff dispense to unrepresented litigants. Click here to read all of Part 1 of the Color of Law series and click here for Part 2.

Family court supervisors also have directed court employees to permit judge pro tem attorneys to file a fabricated "Notice of Entry of Findings and Order After Hearing" as a substitute for the FL-190, according to the source. SFCN obtained three filed examples of the fake notice.

The three samples were filed by attorney and temporary judge Paula Salinger. Salinger also acts as secretary on the Family Law Executive Committee of the Sacramento County Bar Association Family Law Section. Click here to view the notices, which were filed in 2011 and 2012. As SFCN reported, in 2011 Salinger was granted a waiver by then-Presiding Judge Steve White of the minimum State Bar membership requirement for temporary judges. The attorney is a partner at Woodruff, O'Hair, Posner and Salinger Inc., a prominent family law firm where all four attorneys also hold the Office of Temporary Judge. One of the deceptive forms was signed on Salinger's behalf by firm partner and Judge Pro Tem Jeffrey J. Posner. From 2006-2009, Posner held each officer post on the Family Law Executive Committee.

Judge pro tem attorneys use the fictitious notice of entry against self-represented litigants who have little knowledge of family law and procedure, according to the whistleblower. "The attorneys use the fake notice in cases where the opposing party doesn't have a lawyer and doesn't know any better. If a pro per does somehow figure out that they can appeal an order

from a motion or OSC hearing, and then tries to file a notice of appeal, the appeals unit will use the spurious Notice of Entry to claim the appeal is untimely after 60-days," the source explained. "Without the filing and service of the mandatory FL-190 Judicial Council form by a court clerk, the appeal time frame is, by law, 180-days. The pseudo notice isn't used by judge pro tem attorneys in cases where both sides have a lawyer because most attorneys know there is no such thing as a quote Notice of Entry of Findings and Order After Hearing, unquote," the whistleblower said.

"Court clerks also know the fake notices are fake, and that they should not even be filing them. But they do file them because they are following orders. It also should be troubling that court filings by pro pers are routinely rejected by filing clerks because of minor technicalities, yet here you have a judge pro tem filing completely sham paperwork without any problem. It's all part of the plan by court administrators, full-time judges, and temporary judges to eliminate appeals by the indigent and unrepresented," the source added.

SFCN has confirmed the allegation as substantially accurate. There is no reference to a "Notice of Entry of Findings and Order After Hearing" in multiple family and civil law references searched by SFCN. The leading family law treatise written by and for judges and attorneys, California Practice Guide: Family Law, provides detailed instructions for order after hearing procedure and there is no reference to the notice filed by Salinger.

To prevent indigent, unrepresented family court litigants from getting this notice regarding appeal rights, Sacramento Family Court clerks allow judge pro tem attorneys to file a sham "Notice of Entry" form instead of the FL-190 form required under state law, according to a

court whistleblower.

Paula Salinger is a family law attorney, temporary judge,and secretary of the Sacramento Bar Association

Family Law Executive Committee.

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In a 2007 decision, Alan v. American Honda Motor Co., the California Supreme Court emphasized the importance of the mandatory Judicial Council FL-190 form, and that the requirement is unique and specific to family law proceedings.


The fictitious form filed by family court clerks for temporary judge attorneys does not contain a clerk's certificate of mailing, and is served by a private sector lawyer - not a neutral public court clerk - also raising ethical issues. Using in place of the state mandated form an unauthorized, self-serving form that omits appeal rights and other important notifications required by law raises moral turpitude and other ethical implications against attorneys who engage in the deception.

In a related situation, SFCN recently documented in Part 3 of the Color of Law series that an appeals unit clerk unlawfully rejected the appeal of an indigent, unrepresented litigant. Falsely claiming under penalty of perjury that the filing and service by the opposing attorney of a Findings and Order After Hearing form constituted a "judgment" and triggered a 60-day appeal time frame, the clerk rejected the appeal as untimely. Click here to read Part 3.

As we reported previously, filing and service of the FL-190 Notice of Entry of Judgment is required by California Rules of Court rule 5.134. Sacramento Superior Court internal policies and administrative procedures specify a discipline process for court employees who violate court rules, cause discredit to the court, or engage in discriminatory, dishonest, discourteous or unbecoming behavior. Click here to read the court's employee discipline policy.

"It is understood that the Court has a critical role to play in the County's justice system. It is vital that the public maintain its trust in the Court system. As a result, trial court employees will be held to a higher standard of conduct than employees of other organizations," reads the policy

introduction.

California Supreme Court Confirms Judge Pro Tem Notice Counterfeit

The deceptive, homemade "Notice of Entry" form filed by family law attorney, judge pro tem, and Sacramento County Bar Association Family Law Section officer Paula Salinger omits this Clerk's Certificate of Mailing component of the mandatory FL-190 form.

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In addition, as of 2011, the failure by government employees to comply with any state court rule is a violation of the Whistleblower Protection Act, and constitutes government misconduct in the same category as corruption, malfeasance,

bribery, theft of government property, fraud, coercion and similar types of misconduct. In addition, court employees who violate court rules and other laws also violate Tenet Five of the California Court Employee Code of Ethics. The lack of oversight and accountability indicates that the deceptive, unlawful court filings are condoned by court administrators. According to a criminal law attorney, the elements of a violation of Penal Code § 182 - conspiracy to pervert or obstruct justice or the due administration of the laws - specify that an agreement or conspiracy may be inferred from the conduct of those accused of the crime. Other criminal statutes that may apply include Penal Code § 470(c), altering, corrupting or falsifying a legal document, and Penal Code § 470(d), altering a document with the intent to cause damage to a legal, financial or property right. The facts and circumstances surrounding the fake notice of entry filings imply an intent to effectively alter the valid FL-190 form and replace it with a corrupt or altered document intended to impede the lawful appeal rights of the opposing party.

Depriving unrepresented, financially disadvantaged litigants of civil or constitutional rights also may expose court employees, supervisors, and taxpayers to financial liability in a civil lawsuit. Federal criminal statutes may also apply. Federal criminal law prohibits conspiracy against civil rights and deprivation of rights under color of law. Sacramento Family Court receives federal funding, and court users have a federally protected right to honest services. Court employees, managers and administrators who collude with private sector lawyers and fail to provide honest services to the public may be subject to criminal prosecution under federal law. To a view a federal criminal indictment for honest services fraud involving collusion between government and court employees and private sector attorneys click here. In Part 5 of our Color of Law report: the unlawful fee waiver gauntlet used by court clerks and judges to frustrate appeals by indigent, unrepresented family court parties.


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Click here for articles about judge pro tem attorney Paula D. Salinger.

Click here for coverage of Woodruff, O'Hair, Posner and Salinger, Inc.

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The Supreme Court of California confirms that court clerks mustserve and file the FL-190 form in applicable proceedings.

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Sacramento County Bar Association Family Law Section Watchdog & Whistleblower News via Google+ 8 months ago (edited) - Shared publicly

SCBA Family Law Section attorney and judge pro tem Paula Salinger files counterfeit "notice of entry" paperwork with court.

Family court clerks and judges allow judge pro tem attorneys to file a fabricated "Notice of Entry of Findings and Order After Hearing" in place of a mandatory Judicial Council Notice

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Labels: ANALYSIS, COLOR OF LAW SERIES, EMPLOYEE MISCONDUCT, FLEC, JEFFREY POSNER, JUDGE PRO TEM, JULIE SETZER,

LOLLIE ROBERTS, NEWS EXCLUSIVE, PAULA SALINGER, PRO PERS, WHISTLEBLOWERS, WOODRUFF O'HAIR POSNER and

SALINGER

Location: County of Sacramento Superior Court - FRC -William R. Ridgeway Family Relations Courthouse, 3341 Power Inn Road,

Sacramento, CA 95826, USA

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27 January 2014

Attorney Misconduct: Diane Wasznicky Illegal Court Filing Not In Compliance With State Law - Ignored by Court Filing Clerks

Monday Document Dump

As the court filing embedded at the bottom of this article reflects, Sacramento Family Court clerks file paperwork for Sacramento County Bar Association Family Law Section attorneys which, by law, they are required to reject for filing. The California Rules of Court specify the format of papers filed with every court in the state. The requirements are mandatory, not optional. Under rule 2.118, court clerks must reject any papers that do not comply with court rules. Click here to view the rule. For example, under rule 2.108, line numbers must be placed in the left margin of papers filed with a court.

The declaration filed by judge pro tem attorney Diane Wasznicky with the request for order embedded below is drafted on blank paper without line numbers. The illegal and unethical litigation tactic - which also is used by other judge pro tem lawyers - prevents the opposition from filing written evidentiary objections.

Line numbers are required because in order to make written objections to false or inadmissible evidence contained in a declaration, the opposing party must, by law, specify the line numbers to show exactly which portions of the declaration contain false, misleading, or incomplete facts. If inaccurate evidence is not objected to it is by law considered accurate.

To continue reading, and to view the the unlawful court filing click Read more >> below...

The objections also are critical in any subsequent appeal, according to veteran Sacramento family law attorney Stephen James Wagner. "The failure to object to false evidence waives the right to challenge the court's ruling based on such evidence," according to California Practice Guide: Civil Procedure Before Trial, and Civil Trials &

Family Court Clerks File Non-Compliant Documents for Judge Pro Tem Attorneys - Reject Pro Per Documents

Family court watchdogs assert that Diane Wasznicky and otherjudge pro tem attorneys receive preferential treatment, and kickbacksin the form of "rubber-stamped" court orders in exchange for running

the family court settlement conference program.


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Labels: ATTORNEY MISCONDUCT, BARTHOLOMEW and WASZNICKY, COLOR OF LAW SERIES, COURT EMPLOYEE CODE OF

ETHICS, DIANE WASZNICKY, DOCUMENTS, EMPLOYEE MISCONDUCT, JUDGE PRO TEM, STEPHEN WAGNER

Location: William Ridgeway Family Relations Courthouse 3341 Power Inn Road, Sacramento, CA 95826, USA

Evidence, the legal reference books used by judges and attorneys. Family court watchdogs have documented that declarations filed by attorneys often contain false or otherwise inadmissible evidence - which becomes admissible if objections are not lodged. Court records indicate that divorce lawyer and temporary judge Diane Wasznicky routinely is allowed by family court clerks to file declarations on blank paper without line numbers in cases where the opposing party is unrepresented.

Under state law, the failure to comply with court rules constitutes moral turpitude, and a violation of Business & Professions Code § 6106 and the State Bar Rules of Professional Conduct. Under Canon 3D(2) of the Code of Judicial Ethics - the ethical standards all judges must follow - family court judges are required to take appropriate corrective action against the attorney, including reporting the misconduct to the State Bar. In addition, family court reform advocates have documented that pro per drafted pleadings are closely scrutinized and often rejected for filing by court clerks because of trivial errors. Watchdogs point out that the failure of court employees to reject the defective filings, and the refusal of judges to comply with the Code of Judicial Ethics and hold attorneys accountable is additional evidence supporting their long-running assertion that a "cartel" of SCBA Family Law Section attorneys, who also serve as temporary judges, receive preferential treatment from court employees and judges. They claim that the arrangement deprives the public of the right to honest government services, a federal crime.

Click to visit Sacramento Family Court News on: Facebook, YouTube, Google+, Scribd, Vimeo, and Twitter. For additional reporting on the people and issues in this post, click the corresponding labels below the document:

Diane Wasznicky Divorce Attorney - Unlawful Court Filing Sacramento County Superior Court - Bartholomew & W... by Sacramento Family Court News

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Sacramento Superior Court Designated Most Corrupt in U.S. by Documentary Film By LegalNews | Posted July 27, 2014 | Sacramento, California

It is now difficult to dispute that the Sacramento County Family Court system - rebuilt more than 20 years ago to the specifications of local judge pro tem family law attorneys by controversial and criminally convicted Judge Peter McBrien, then-Judge Vance Raye, divorce attorney Robert O'Hair, and others - has become the most corrupt family court in the nation.

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TAGS: corrupion, carlsson, family, divorcecorp, sound_off, sacramento, judges, courts, comment, mcbrien GROUPS: My life, Sound off

The proof is now available to anyone for $20: the cost of the documentary film Divorce Corp, recently released on DVD, and also available by download at the iTunes store. In his first, full-length documentary film, director Joe Sorge meticulously documents the epidemic of corruption and collusion in family courts throughout the United States. And the Sacramento County system rises to the top of the toxic slurry pond.

A parade of litigants from Indiana, Tennessee, Ohio, California and other locales recount their nightmare experiences in child custody and other divorce-related court disputes. Retired judges, active attorneys, child custody evaluators and court reform advocates are interviewed over the one hour, 33 minute run time of the film.

In one compelling segment, Nevada County Superior Court whistleblower Emily Gallup reveals that state-level oversight and accountability of California family courts is effectively nonexistent. In a tacit admission, the Judicial Council and Administrative Office of the Courts declined Sorge's request to be interviewed and respond to Gallup's documented accusations.

But the locally well-known Ulf Carlsson case takes center stage and is woven throughout the movie, overshadowing the horror stories of other litigants. Judge Peter McBrien's clinically sociopathic, personal vendetta against Carlsson - which in 2012 6th District Court of Appeal Presiding Justice Conrad Rushing called a "judicial reign of terror" - is chronicled in all its perverse glory.

In the Divorce Corp clip above, Carlsson tells his harrowing story of personal and financial ruin at the hands of McBrien, who ruthlessly punished Carlsson for filing an appeal of orders issued by the judge. Sacramento family court litigants Andrew Karres, Mike Newdow and Robert Saunders, and Nevada County pro per Elena Haskins also make appearances in the movie criticizing virtually every aspect of local court operations.

Judges, attorneys, custody evaluators, the family law facilitator, and even the "child's best interest" legal standard are all held under the microscope and come away nakedly exposed and tarnished. Sometimes, only a cliché will do: Divorce Corp must be seen to be believed.

Source: Sacramento Family Court News. Used with permission.

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Sacramento Superior Court Conflict of Interest Disclosure Violations Continue By LegalNews | Posted July 27, 2014 | Sacramento, California

Family Court Judges Continuing Failure To Disclose Judge Pro Tem Conflicts Violates Supreme Court Committee on Judicial Ethics Opinions Directive

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An attorney and Sacramento Family Court News reader provided the California Supreme Court Committee on Judicial Ethics Opinions Formal Opinion at this link. The opinion provides yet another legal reference specifying that family court judges must disclose potential conflicts of interest on the record. At court hearings where no court reporter is present, the disclosure must be in writing, according to the CJEO.

In our original May, 2013 investigative report, we provided the legal authority, including Judicial Ethics Updates and Ethics Opinions from the California Judges Association requiring judges to disclose to opposing parties and attorneys when a judge pro tem attorney represents a client in court. As we reported at that time, in violation of state law family court judges were failing to make the required disclosure.

The violations remain ongoing, and hundreds of cases are tainted by the error. Sacramento County Superior Court Presiding Judge Robert Hight is responsible for the oversight of temporary judges, according to the CJA, the Code of Judicial Ethics and other authority. Click here to view our 2013 report.

Source: Sacramento Family Court News. Reprinted with permission.

Family Court Judge Pro Tem Conflict of Interest Disclosure Law - California Supreme Court Committee on Judi... by Sacramento Family Court News

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