UPDATE Friday, January 14, 2011

Fine and his daughter Victoria need to get their act together.  If his 18 month coercive confinement in solitary is to have any meaning and a good result, we, his supporters, need to be kept informed. The latest information that I had was that he would be in court number 86 down at the Stanley Mosk courthouse at 9:30am, in front of Judge Ann Jones.  I went.  Nada. Nothing.

Coming home, I find after much computer searching that she had recused herself as one of the accused judges, and the case was reassigned to department 85 in front of Judge Robert O’Brien with no date for a hearing, back on December 16th.  How are his admirers to know if they are not on someone’s personal email list?

It’s not good enough for a fan site. It needs a blog kept up-to-date by Richard Fine himself. Enough said!

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September 18, 2010

This is BIG news.  He won! It can be done! As a PRO PER too!

From the L.A.Times, Scott Glover, September 18, 2010:

LAWYER ABRUPTLY FREED FROM JAIL
Richard Fine, 70, had spent a year and a half behind bars on contempt charges.  Richard Fine has contended he was being targeted because of his challenges to county-funded benefits that judges receive on top of their state pay.

A 70-year-old lawyer who was sentenced to jail “indefinitely” on contempt-of-court charges was abruptly released Friday evening after spending a year and a half behind bars.  He was released from Los Angeles County Jail in downtown Los Angeles shortly after 9 p.m. but did not wish to speak to a Times reporter, said his daughter, Victoria.

Fine, an antitrust and taxpayer advocate attorney, was thrown in jail last year by Superior Court Judge David P. Yaffe for failing to answer questions about his finances and for practicing law without a license. [His brave fellow lawyers at the ABA had taken his license away from him – an embarrassment to their lying profession, no doubt!]

The contempt charges stemmed from a case Fine filed on behalf of Marina del Rey homeowners who sued local developers.  He had been ordered to pay sanctions and attorneys’ fees in the case. Fine contends he was being targeted by Yaffe because of his challenges to county-funded benefits that judges receive on top of their state pay.

Rather than comply with Yaffe’s orders and be released from jail, Fine vowed to take his case all the way to the U.S. Supreme Court.  In May, however, the [“justice for all”] court declined to take up his petition, meaning he could have remained in jail indefinitely as Yaffe had ordered.

The judge could not be reached for comment late Friday.

While in solitary confinement, Fine filed habeas corpus petitions for his release with the California Supreme Court, District Court and the U.S. 9th Circuit Court of Appeals, alleging that Yaffe was biased against him and should have recused himself from the contempt-of-court case.

His imprisonment was “the latest encounter in the 10-year campaign by Fine to restore due process in the California judicial system,” the attorney, who has been representing himself, wrote in his petition to the U.S. Supreme Court.  “Fine is the only attorney, of the approximately 208,000 California attorneys, with the courage to challenge the California judiciary,” he wrote.

In a telephone interview with The Times in May, Fine said the U.S. Supreme Court had made the wrong decision by allowing him to remain in jail.  He said he would be filing another petition.

“I’m in fighting condition,” he said. “They haven’t broken me down, and they won’t break me down.”

RELEASE:

Interesting to note that on September 16, Judge Yaffe made a minute order that Fine should be imprisoned for a further 6 months after which there would be a hearing, and then ON THE VERY NEXT DAY, reversed himself with an order that he should be set free. True, it was the Day of Atonement, (being the first day of Yom Kippur), but I don’t think this moved his change of heart.

I’d rather speculate another reason that this took place. We may never know, but could it have been by Executive Order from the president?

Imagine, he’s sitting across from Ahmadinejad, trying to explain, and complain.  Ahmadinejad  isn’t listening.  Instead, he’s asking how it is that a U.S. citizen is sitting alone in a government prison for a year and a half, on the orders of an American judge, without due process, and brings up images of glass houses.

Obama’s not doing much better with Chavez, who looks at him with a barely concealed smile on his face.

As for Castro, he just slaps his knee, points, and laughs and laughs.

So it becomes a national security issue; there’s a phone call from the White House, and right is finally done. And Yaffe will probably go into hiding after announcing his resignation from the bench.

For a full explanation, and background, to this very shocking very American story, the Full Disclosure Network link provides it here.

And as a lesson to all of us pro pers who would file briefs in court, and could do with a model of clarity and succintness, read Richard’s all-inclusive complaint addressed to some of today’s power brokers.

Disbarment:

As if to twist the knife further, a number of wretched people made the decision to take away his livelihood, which consisted of nearly forty years of unblemished service as an attorney.  Here you will find what the California State Bar Association had to say and do about their problematic brother.  A source of embarrassment maybe?  Or something more sinister? Here he is accused of the crime of “Moral Turpitude”, based, it seems, on his filing of a motion in federal court deemed to be frivolous, and on his habit of consistently harassing judicial officers.

DOWNLOAD PDF OPINION AND ORDER

THREE CHEERS FOR FINE!  WELL DONE!  YOU DID THIS FOR THE DOWNTRODDEN, AND NOW IT’S ONWARDS AND UPWARDS. YOUR SACRIFICE WILL NOT BE FORGOTTEN!

READ THE ACTUAL COURT DOCUMENTS HERE, courtesy of the FULL DISCLOSURE NETWORK:

These documents, written by Richard Fine, are models of construction, especially given that they were written while confined to a jail cell. THEY WERE IGNORED! Which leads one to the question, WHY BOTHER? What’s the alternative in this greatest country on God’s Green Earth? What follows is one man’s experience in the justice system of these United States:

1.  CALIFORNIA SUPERIOR COURT (L.A.). In Judge David Yaffe’s Courtroom. Case No. BS 109420.  Notice of Hearing to Order Release. Filed on May 21, 2010.  After filing Judge Yaffe refused to set a hearing.

2.  U. S DISTRICT COURT (Federal Court) in Judge Magistrate Carla Woehrle’s courtroom. Case No cv-09-1914 JFW (CW).  Request for Release. Hearing filed June 9, 2010. The Court failed to act.

3.  U.S. SUPREME COURT Petition for Re-Hearing Case No. 09-1 250. Filed June 11, 2010 ( Petition for Writ of Certiorari.) filed June 11, 2010.  Court failed to act.

4.  Back in CALIFORNIA SUPERIOR COURT, Judge David Yaffe testifies as a witness while sitting on the bench…… and rules in his own favor.  In this December 22, 2008 court transcript Judge Yaffe says he is troubled by the court rule that says “in the absence of objection” he must testify, even though he is sitting in judgment on the case. He then admits receiving payments from L. A. County and not disclosing them. When the attorney representing the “interested party” raised an objection to the line of questioning posed by Richard I Fine, (who was representing himself), Judge Yaffe then ruled in his own favor while testifying as a witness.

5.  In 2008 the California Supreme Court held in Sturgeon vs County of Los Angeles that the county payments to State Judges were illegal. What to do? So In 2009 the CALIFORNIA LEGISLATURE gave RETROACTIVE IMMUNITY from criminal prosecution, civil liability and disciplinary action to all California Judges and government officials under Senate Bill SBX2 11 (Section 5) for the illegal payments that had been made to judges since 1987.