Encinitas family needs help. DA Dumanis practicing politics for cronies again!

The Burleson family of Encinitas, California needs help to stop San Diego County District Attorney Bonnie Dumanis from abusing her government position, while once again practicing politics for her friends.  Mr. Jeff Burleson has filed a complaint with the California State Bar against attorney Richard Huffman Jr. for professional negligence and misrepresentation. Burleson apparently has sued Huffman for the damages caused by Huffman’s proven negligence. It was proven by the Fourth District Division One Appellate Court extending the time for an appeal because of it.
Mr. Burleson is having a difficult time suing Huffman Jr. or anyone else . If DA Dumanis can keep Mr. Burleson running in circles defending himself from trumped-up criminal charges while operating on a financial shoe-string, it is highly unlikely that he will be able to effectively pursue for the damages caused by Huffman Jr’s incompetence and dishonesty.  As frequently happens in this town, no attorney will take a case if it means addressing collusion between court officers, the DA’s office and the Sheriff Department.  Mr. Burleson is having represent himself.
Richard Huffman Jr. is the son of Justice Richard Huffman. Huffman Sr. is former chair of the Executive Committee of the California Judicial Council and a practicing justice in the Fourth District Division One Appellate Court.  Huffman Jr. is a former San Diego deputy district attorney with a drunk driving charge that was notably handled by questionable means. (See August 2005 San Diego Reader article, “His Eyes Were Red and Glassy“)
According to a July 10, 2013 Reader article “Did you know how much trouble you could get in with a shotgun?”, Dumanis’s office was way out of line in 2011 and 2012 when prosecuting Mr. Burleson for basically, answering his front door late in the evening for an insistent, burley man who would not identify himself. Mr. Burleson was unable to get a call through to the police because of a cell phone malfunction and was carrying an unloaded shotgun at the time.
Sheriff Bill Gore’s employees also appear to have addressed the matter with an unreasonably heavy hand before Dumanis became involved.  Upon receiving what sounds like an embellished complaint by the burley man, who was a process server for the Burleson’s homeowner’s association, they surrounded the house and hauled the then unarmed Mr. Burleson off to jail.
According to the Reader, even when facts and witnesses, who were also scared that evening by the obnoxious and intimidating process server, corroborated that Mr. Burleson had good cause to fear for his young family’s safety and never assaulted anyone; Dumanis wanted him to commit criminal perjury and falsely plead guilty to the felony of assault with a deadly weapon.  Mr. Burleson, who is a North County real estate agent and father of three young children, refused to commit perjury at the risk of spending fourteen years in jail.  A felony plea would have caused his real estate license to be revoked and ended his career.

(Correction to the following: the trial was in December 2011, post-trial in 2012)

He was found guilty in a 2012 jury trial of the lesser charge of a misdemeanor for brandishing a weapon. The erred misdemeanor verdict and judgment appear to have been reached due to flawed jury instructions on subject of self-defense — according to a March 18, 2014 unpublished appellate opinion.
When Mr. Burleson first went to appeal in 2012 based on the error, he was referred to attorney Richard Huffman Jr. for legal counsel.  With regard to Huffman Jr.’s negligence and lying to his client, Mr. Burleson, the 2013 Reader article states:
Within a week of his trial, Burleson was planning on an appeal of the brandishing charge, based on self-defense. An attorney friend recommended former deputy district attorney Richard Huffman to conduct the appeal. At their first meeting, says Burleson, Huffman said that he agreed with the nature of the appeal and was confident it would be successful.
The charge to handle the appeal was $3500. Burleson gave Huffman $1000 to begin. This included purchasing the trial transcripts from the court. Burleson would pay the remainder in installments that were to be complete by the time the appellate court received the appeal.
On February 28, 2012, Burleson went to court again, this time for sentencing. He wasn’t worried: he claims that Huffman assured him the appeal would have kicked in by that time and that the judge would delay sentencing. Huffman was in court that day, too. He told Burleson the court had returned the opening brief, which seemed odd. Still, says Burleson, the attorney “didn’t expect any surprises.”
The judge sentenced Burleson to 120 days of work furlough. There was no mention of the appeal. After the hearing, Burleson says that Huffman told him, based on portions of the transcript he’d seen, that the defense attorney had fought like hell for his client and that there wasn’t much basis for an appeal. He should take the furlough and get on with his life.
On March 12, 2012, Burleson began spending his nights, for a charge of $42 each, at Correctional Alternatives Incorporated, a private company in Logan Heights that has a contract with the County of San Diego. He was allowed to leave each day for his job as a salesman of “practice management” software for attorneys. The software is largely intended to help them keep track of deadlines.
“How ironic,” Burleson says, “given what I soon discovered.” A little more than a month after entering custody, he called the court about his case. An official told him that not only was there no appeal on file, but that no one had ever ordered transcripts.
Due to overcrowding, Burleson was released from Correctional Alternatives 40 days early. Finishing the furlough finally gave him time for his family again. After some rest, he figured, he could still pursue the appeal. But he soon realized that his right to appeal had expired.
“So I decided to go after Huffman instead,” Burleson says. Last summer, he requested a copy of his file from Huffman. To date, it has not been forthcoming, although at one point an attorney for the defendant explained that Huffman was “assembling” it.
Acting on his own, Burleson has filed a complaint of “professional negligence” and “breach of contract” against Huffman, asking for $100,000 in costs and lost income. “It’s almost like you’ve got to be a self-absorbed, cocky, abrasive, and at times obnoxious son-of-bitch to survive. And I admit I’m all of that when I have to be.”
On March 18, 2014, the appellate court reversed the verdict with directions to the lower court. 
So what did DA Dumanis do which helps Huffman Jr. skirt having to defend himself for the damages caused to Mr. Burleson and his family?
On the very same day that she was re-elected as San Diego District Attorney in June of 2014, she decided to re-try the case.
According to the family’s website, http://www.gofundme.com/theburlesonfamily, in their heartfelt plea for help to stop the oppressive harassment by Dumanis:
THE BURLESON FAMILY NEEDS YOUR HELP…to fight back against San Diego District Attorney Bonnie Dumanis and her SELF-SERVING REIGN OF TERROR AND MERCILESS PERSECUTION.
My name is Shelly Burleson and this is my family: my husband Jeff and three children Aaron (3), Ashley (5), and Chandler (7). They mean the entire world to me and fill my heart with a joy I never thought was possible. Everyday, I thank God for His blessings.
In 2011, shortly after Aaron was born, my husband Jeff was falsely accused, wrongfully arrested and dramatically overcharged with a VIOLENT FELONY (assault with a deadly weapon) AFTER he asserted his 2nd Amendment right to defend my children and I when a stranger pounded on our door for 20 minutes after dark. We feared for our safety that night; my husband met the stranger at our front door while holding his shotgun down and across his chest. He was simply being cautious in an effort to defend our home and our family after the Chelsea King and Amber DuBois slayings. This evil man later called the sheriff and falsely reported my husband ‘burst out’ of our home and chased him down the sidewalk with a shotgun.
That simply did NOT happen.
Shortly after my husband’s arrest, Bonnie Dumanis, the San Diego District Attorney, added a strike and firearms enhancements to the charge of Assault With A Deadly Weapon. Why? Because she was running for Mayor of San Diego at the time and wanted to increase her “94% Felony Conviction Rate”. If convicted, my husband faced up to 14.5 years in State Prison. We believe in our Rights and are Proud to be Americans; he was not going to plead guilty to a crime he didn’t commit, so the case went to trial 9 months later. The verdict was ‘NOT GUILTY’ of assault with a deadly weapon but ‘GUILTY’ on the charge of misdemeanor ‘brandishing a firearm’ due to several mistakes made in the courtroom by the prosecutor and the judge.
In 2011, out of more than over 16,000 charged in San Diego, there were ONLY 33 people found ‘NOT GUILTY’ by jury verdict. Thanks to my testimony and the testimony of one of the other five witnesses we found, each of whom corroborated my husband’s account that the man was frightening and belligerent, the jury found Jeff ’NOT GUILTY’ of the felony charge.
Since our original attorney didn’t file appeals, we hired a different attorney to appeal the misdemeanor conviction.
That attorney, Richard Huffman II (who we later discovered had been fired as a deputy DA by Bonnie Dumanis because of several DUI’s) NEVER filed the appeal, THEN tried to convince my husband he should “just take the 120 day custody sentence and move on with his life”. Huffman abandoned my husband in custody and left me alone with 3 young children (ages 4, 3, and 1) for three months.
IF ONLY HUFFMAN had filed the appeal and performed the job we paid him to do, my husband would have been free on bail pending the hearing on the appeal.
That’s right. My husband NEVER should have had to serve ANY TIME AT ALL.
By God’s grace, the 4th District Court of Appeal allowed us to file a motion to appeal even though the time limit had expired, and in March of this year, they FINALLY agreed with my husband’s argument of self defense and REVERSED the guilty verdict. Justice was delayed, but justice was served.
NOT GUILTY on both counts! We were elated! After nearly three years and $300,000 – he had been vindicated at last.
Our excitement was short lived; in June of 2014, on Election Day, DA Bonnie Dumanis decided to re-try the case. There are no words to describe the frustration and exhaustion we feel after this harrowing experience, to have it start ALL OVER AGAIN. We have NO CHOICE BUT TO CONTINUE TO FIGHT!
We have been fighting for over three years. This has cost my family more than $300,000 in bail, attorney’s fees, lost wages and assorted other expenses; money we didn’t have in the first place. It has caused us unimaginable pain and suffering and now our funds are exhausted.
Jeff lost his job in early 2013. When the statute of limitations approached for filing a lawsuit against Huffman and his partners, he couldnt find an attorney to take his legal malpractice case, after all, who wants to represent a ‘guilty’ client anyway?
Jeff had no choice, he wrote the lawsuit himself, and in the ensuing months found he simply could no longer function at his job; he’d become obsessed with winning his case. He was diagnosed with PTSD and anxiety stemming from the overall incident. In April of this year, his disability compensation expired. That was ok, because he was vindicated with the Fourth District Court of Appeal decision. He was exhilirated, and found an exciting new job in May. As you can imagine, he lost it due to the stress and anxiety he suffered upon learning the DA was resuming their merciless campaign against us. He does not qualify for unemployment due to a ‘technicality’ in the CA EDD regulations.
The San Diego District Attorney PREY’S on the the poor and ignorant and has ruined thousands of lives by giving falsely accused criminal defendants NO CHOICE but to plead or face terrifyingly long sentences.
Our case was no exception; we sacrificed enormously to prove my husband’s innocence – it took a relentless commitment and stole THREE YEARS OF OUR LIVES. Now the DA is ‘upping the ante’ by deciding to try him AGAIN on the same set of facts AFTER a higher court ALREADY RULED Jeff had an ‘affirmative right to self-defense’.
At this time, we humbly ask for funds for basic living expenses BUT MOST IMPORTANTLY for attorney’s fees and costs (including expert witnesses, investigators, etc.) while we continue to fight her malicious and merciless persecution and try to get back on our feet.
My husband and I know that the most frightening thing about our situation is that if it can happen to us, it really could happen to anyone.
Would you consider showing your support by making a contribution? Its truly humbling and heart warming knowing our story matters in the hearts and minds of so many others across the country.
Perhaps you’d like to help but find yourself just as financially stressed as we are, we certainly understand. Would you forward this on to your friends and family?
My family and I humbly thank you for your consideration. God Bless.
Had Mr. Burleson listened to proven liar Huffman Jr.’s advice to not appeal and to “take the furlough and get on with his life”; it would have all been wrapped up neatly.
Dumanis would have one more criminal conviction under her belt. No one would question why employees of Sheriff Bill Gore, who is also a second generation “public servant” of the San Diego system, used such force when arresting unarmed Burleson. No one would be questioning why the jury instructions were flawed. And no one would be questioning why Huffman Jr. lied to his client while accepting payment for services not rendered.
Ask yourself this:
Whose interests are being served by San Diego County District Attorney Dumanis continuing to harass this family while benefitting the children of her cronies and mentors  — who’ve been caught screwing up again and ruining people’s lives?  Its certainly not the taxpayers’ who fund Ms. Dumanis’ chosen endeavors.
I am highly of the opinion that DA Dumanis needs to be made to stop abusing the San Diego legal system as a political playground for her inept and compromised friends.  Its not a game.  People’s lives are at stake.
VIDEO, San Diego County Board of Supervisors meeting, January 2014.
Mrs. Sharon Noonan Kramer
 
Posted in Civil Justice, Fourth District Division One Appellate Court, Health - Medical - Science | Tagged , , , | 1 Comment

Daily Kos sheds light on corrupt judges who target and bully lawyers

This is a HUGE problem in California.  Bullied and intimidated lawyers are leaving those wronged by officers of the courts nowhere to turn for professional counsel — when its dead obvious judges have been colluding to cover up for themselves and other judges who’ve been practicing politics, not law, in the courts. If the lawyers think they are getting targeted, they might want to look at what happens to those who can find no brave, noble lawyer when judges have been misbehaving and want it covered up.
The following are direct quotes from the July 28th Daily Kos article, “Lawyers Who Criticize Judges Are Being Punished
“They don’t speak up. The reason is you get targeted and you could lose your license,” said Barbara Kauffman of lawyers who witness judicial misconduct. Last month the California attorney contacted state officials alleging that a family court judge in Marin County tampered with court records.
Civil rights attorney Don Bailey had his law license suspended for five years in October by the Pennsylvania Supreme Court. “The reason I lost my license is because I criticized judges,” said Bailey, a former Democratic Congressman and state auditor general, in a phone interview last week.
The pattern of attorneys losing their careers or facing hefty fines after speaking out against judges has legal experts worried. The law professor and legal analyst Jonathan Turley wrote of Bailey’s license suspension, “While some would agree with the case, there is a worrisome line of cases targeting lawyers who criticize judges.”
America’s judicial system is extremely ineffective at removing bad judges, said Kathleen Russell, the founder of the Center for Judicial Excellence, a non-profit that is working to stop family court judges from giving child custody to domestic abusers and pedophiles. “Judges are judicially trafficking children to abusers by ignoring evidence of child abuse. Even when judges behave maliciously, there is no law that holds them accountable.”
The above article should serve as a wake-up call for many of just how out of control our courts really are. A judge may be legally held liable for criminal acts when they act without their courts having jurisdiction.
There are several acts which may cause a judge to lose jurisdiction and thus lose judicial immunity from prosecution.  So what if no one (aka other judges, law enforcement agencies, judicial ethics policing agencies and political cronies) will do anything to hold them accountable.  Falsifying material court documents and sending the frauds through the mail are felonies and federal offenses punishable by years in prison.
Its common knowledge that officers of the California courts are getting away with these types of crimes every single day.  No one who could and should interceed to stop the fraudsters, does anything to stop them.  Lives continue to be devastated by not only the fraudsters themselves, but equally by all the willfully blind eyes who aid them to continue to defraud the public.
Posted in Civil Justice, Environmental Health Threats, Health - Medical - Science, Mold and Politics, Toxic Mold, US Chamber of Commerce | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Please help save lives. Support legislation to hold corporate criminals accountable.

“It is always one’s moral duty to speak up when doing so could save lives.”
Begin forwarded message from Public Citizen:
“Corporations should not be allowed get away with murder. But when corporate bosses suppress facts about the life-and-death risks their products pose to consumers (or their worksites pose to employees), very rarely are corporate decision-makers held accountable when the worst occurs.
A new piece of legislation introduced this week by Sen. Richard Blumenthal (D-Conn.) would change that.
Tell your senators to co-sponsor the Hide No Harm Act.
Introduced in response to the inexcusably delayed General Motors recalls, the Hide No Harm Act — which was written with substantial input from Public Citizen — would impose criminal penalties on corporate bosses who withhold information that could result in consumer or worker deaths or injuries.
Under current law, corporate executives have no affirmative duty to certify that all risks posed to consumers or workers have been disclosed.
Appallingly, prosecutions for suppressing information can occur only when the suspected corporate criminal is the subject of a federal investigation — too often, in the aftermath of a tragedy such as the 13 deaths blamed on General Motors’ faulty ignition switches.
It is always one’s moral duty to speak up when doing so could save lives.
But apparently that’s not enough for executives who weigh the impact of bad publicity and lost profits against honesty about risks.
With passage of the Hide No Harm Act, corporate bosses responsible for suppressing life-saving information will face up to five years behind bars.
Such tough penalties will encourage those who might otherwise put profits before public safety to speak out, thus saving lives and preventing future tragedies.
Holding corporate criminals accountable and keeping consumers and workers safe are ideas every member of Congress should be able to get behind, regardless of party.
Make sure your senators know you want them to support the Hide No Harm Act.
Thanks for taking action today.
thumbnail photo of Rick Claypool
Onward,
Rick Claypool
Public Citizen’s Online Action Team
action@citizen.org”
Posted in Civil Justice, Environmental Health Threats, Fourth District Division One Appellate Court, Mold and Politics, Toxic Mold, US Chamber of Commerce, Veterans | Tagged , , , , , | 1 Comment

Election Day ~ Don’t forget to vote OUT Judge L. Schall & DA Dumanis!!!

Vote Carla KEEHN for Judicial Seat 20; and either Bob BREWER or Terri WYATT for District Attorney.
Directions to your polling place in San Diego County
Posted in Civil Justice, Environmental Health Threats, Politics | Tagged , | 1 Comment

Judge Bob Longstreth offers to answer voter questions Re: Judge Lisa Schall & Seat 20 Race.

by Sharon Noonan Kramer, advocate for integrity in health marketing and U.S. courts.
Email sent on May 26, 2014 
Honorable Judge Longstreth,
Memorial Day seems the appropriate day to send you this message.  This is the day that all those who have given their lives to defend the Constitutional rights of United States citizens are honored.
On May 20th, you sent an eblast to “Friends and Voters” stating which candidates you endorse for San Diego County Superior Court seats in the upcoming June 3rd elections. Your endorsement email came with the suggestion that it be forwarded to others; and with your offer to provided more information and answer questions of those in receipt of your email. To quote:
“Dear Friends and Voters
Because the makeup of the state trial court bench is so important to the administration of justice, I would like to provide the following information for you to consider as you cast your vote. Four of my colleagues have been challenged and are seeking to continue serving the Court: Michael Popkins, Ron Prager, Lisa Schall and Jackie Stern. I believe that all of them should be re-elected.….In Office # 20, Judge Lisa Schall….She is endorsed by law enforcement and community leaders, including City Attorney Jan Goldsmith and Public Defender Henry Coker, as well as all 125 sitting judges and over 15 retired judges…..she has made decisions based on what she believes is right, not on what is politically popular. Her opponent has no judicial experience, and the County Bar rates Judge Schall as more highly qualified…..Please feel free to pass this information on if you find it helpful, and let me know if you have any questions or need any further information. Above all, please vote on or before June 3! Thank you for your attention. Judge Bob Longstreth”
I am letting you know that your email was forwarded to us at Katy’s Exposure Blog and onto others who are helping to inform voters of the intricacies of upcoming local elections. Thank you for your offer to clarify what is important about the make-up of the state trial court bench when assuring justice prevails in the local courts.  We find your offer to answer questions and provide further information regarding your endorsee, Judge Lisa Schall, to be potentially very helpful.
The reason we require further information is because Judge Schall has avoided answering voters’ questions – even though she, too, sent an eblast similar to yours offering to do so on March 7th. Judge Schall sent the following while fundraising.  She wrote,
Dear friends, counsel and colleagues:
I am running for re-election on June 3rd. I have served over 7 years as a Deputy District Attorney and now over 28 years as a San Diego Superior Court Judge. (CV attached) Some of you know me professionally others socially. I believe that I have a reputation for being fair and balanced. I am asking for your help…[there’s more here]…I am asking you to help me by circulating my name and website. I am glad to respond to any questions you may have, simply respond to this email. Thank you for taking the time to read my request. Please do not use public agency computer sites or addresses to distribute, use only your private email.
Judge Lisa Schall (Re-Elect 2014)
JudgeSchall.com”
In March, we followed Candidate Schall’s directions as we are yours, now. We took her message to heart when she offered to answer voter questions — because surely a judge would not lie. It took much effort as we took the time to ask voters to submit questions; compiled the twenty plus best ones; and sent them to Judge Schall via email on March 13th; and snail mail on March 14th.  She never responded, gladly or otherwise.
As such, perhaps you could help the candidate for whom you are encouraging others to vote for Jurist Seat 20, Lisa Schall, by helping to answer the voters’ questions that have thus far gone unanswered. They are below in this email.
But before we get into those, there are four more key questions which deserve answers from Judge Schall and her endorsers within the county’s judicial, government, and law enforcement community:
Question 1: 
Your email states that Judge Schall “is endorsed by law enforcement and community leaders”. Do you know why the county’s foremost law enforcement leader, San Diego County District Attorney Bonnie Dumanis, was named as Judge Schall’s #1 endorser on Schall’s website in February, but the endorsement was removed from public view in March?
We think we might know the answer, but no one has confirmed or denied it.  You can view Schall’s publicly claimed DA Dumanis endorsement that was later removed from public sight: HERE.
Question 2.
What do Judge Schall and the local jurists know of who put the “pressure” on Clear Channel to destroy $14,000 of campaign advertising of Carla Keehn, on May 9th
As you know, Keehn is the challenger to Judge Schall’s Seat 20. She’s a cum laude Princeton grad, former military captain, and federal prosecutor with an exemplary track record of many years. Who felt they had the legal right to unilaterally direct the destruction of her campaign advertising?
The billboard company that destroyed Keehn’s advertising, told Keehn on May 9th that “pressure” was put on them to do so.  But they would not say pressure coming from whom.  One may view the video of ABC News10 attempting to track down Judge Schall, to no avail, to ask her what she knows of who did it to her campaign’s benefit:  HERE 
It must have been pressure coming from someone pretty big and politically well-connected as the billboard company, Clear Channel, is no Mom and Pop business. It is a national media corporation headquartered in Texas with many political ties in Washington, D.C.  It couldn’t have just been Clear Channel, all on their own, who decided to destroy Keehn’s truthful ads.  They helped to compose it.
(Speaking of D.C., we think we know the answer for DA Dumanis’ endorsement of Schall, who falsified a judgment document in 2008, going underground.  Has to do with “political prostitution” in San Diego County Courts being covered up by DA Dumanis who refuses to prosecute for felonies by jurists and expert defense witnesses of the USDOJ in two county SLAPP suits — coram non judice, after Judge Schall falsified the 2008 judgment.)
 Question 3. 
Do you know if it is a violation of the Canons of Judicial Ethics for San Diego Superior Court Presiding Judge David Danielson to not send notification to a Complainant of his receipt of a Complaint against his subordinate jurists, Paula Rosenstein, David Rubin, and Lisa Schall for conclusively election tampering on behalf of Schall in February and March of this year?  As claimed on Schall’s website, Judge Danielson, like you, is among the “all 125 San Diego Superior Court judges” endorsing Schall’s re-election.
We know that it is a violation of California Rules of the Court for Presiding Judge Danielson to provide no written acknowledgement of complaints he has received.  
Court Rule 10.703(f)(3) states, “The presiding judge must give written notice of receipt of the complaint to the complainant.”
Court Rule 10.703(c)(1) states “A court that employs a subordinate judicial officer must use the procedures in this rule for processing complaints against the subordinate judicial officer[s] if the complaint alleges conduct that if alleged against a judge would be within the jurisdiction of the commission under article VI, section 18 of the California Constitution.
Just wondering what Canons of Judicial Ethics he violated when not acknowledging a receipt of a Complaint that you all’s fellow jurist endorsers of Schall and Schall herself, should be admonished for using this race to bully Keehn’s endorsers not to endorse, while unethically advocating for life-time judicial appointments – not subject to voter ousting. (See more on the subordinate jurists’ ethics violations in the twenty-plus questions below; or read about it in one of the numerous media articles of the matter; such as “Thou Shalt Not Challenge a Sitting Judge”)
In addition to violating Rules of the Court, we’re pretty sure that like his subordinates, Presiding Judge Danielson also violated Canons of Judicial Ethics. Those would be Canons 2, 2B(2), 3C(4), 4A(2) and 5, when he failed to provide written notice to the Complainant of a complaint received. I know he received it, because when I called on April 14th a clerk filling in in Danielson’s office informed me over the phone that the Complaint was in the legal department.  I have not heard a word since and obviously, no one has been punished for the judicial ethics violations. 
Here’s why we think that this is an additional Judicial Ethics violation when election tampering on behalf of the incumbent judge in the race for Seat 20, via the Rules of the Court violations of Danielson as noted above. What do you think?
Canon 2 states, “A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities.  
Canon 2B(2) states, “B. Use of the Prestige of Judicial Office (2)A judge shall not lend the prestige of judicial office or use the judicial title in any manner, including any oral or written communication, to advance the pecuniary or personal interests of the judge or others.” 
Canon 3C(4) states “A judge with supervisory authority for the judicial performance of other judges shall take reasonable measures to ensure the prompt disposition of matters before them and the proper performance of their other judicial responsibilities.”
Canon 4A(2) states. “Extrajudicial Activities in General.  A judge shall conduct all of the judge’s extrajudicial activities so that they do not (2) demean the judicial office.”
And Canon 5 states, “A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.”  (Judge Danielson is also running for re-election.  Unopposed, he’s a shoe-in.) 
 Question 4: 
If you knew that you and your clerk had falsified a judgment document in SLAPP and that your judicial peers covered it up for you coram non judice, while knowing thousands of lives continue to be adversely impacted from your role in fraud upon the court, would you:
A.) move to rectify the continuing damage to the United States public and the whistleblower you framed for libel for exposing scientific fraud while aiding the fraud to continue? or
B.) go on local radio programs while attempting to get re-elected as a judge and state “I learned from my mistakes and I didn’t hide from them“? 
The additional 20 plus questions we posed to Judge Schall in March, coming from several voters are restated below. If you could be so kind as to answer the ones you know plus the four new ones stated above, so that voters may be better informed when they go to vote on June 3rd, it would be greatly appreciated.
Perhaps you could even get your endorsee, Judge Lisa Schall, to help you answer them.  She is being cc’d on this email. The voters have not been able to obtain the pertinent answers from her. Maybe as her endorser, you will have better luck.
You have my return email address. Like this email, your answers will be posted on Katy’s – assuming of course that you are a man of your word to your “Friends and Voters” with your offer of:
“Please feel free to pass this information on if you find it helpful, and let me know if you have any questions or need any further information”.
 In all seriousness, Judge Longstreth, there are many people who are gravely concerned of the increasingly apparent ethics problems in the local courts, local government, and local district attorney’s office.  Although you state that Judge Schall  “has made decisions based on what she believes is right, not on what is politically popular “; that strongly does not appear to be the case. 
People would like to understand why you and all your fellow sitting judges, would endorse Judge Lisa Schall to remain in public office, when she is publicly known to have “the least favorable ethics record” of all jurists in the entire state.
Thank you in advance for your prompt reply. With June 3rd right around the corner and absentee ballots already being cast, you are right. The voters do need to understand why “the makeup of the state trial court bench is so important to the administration of justice” as they get out and vote!
Sincerely,
Mrs. Sharon Noonan Kramer
Electronic copy: Judge Lisa Schall

 

Twenty plus voter questions posed to Judge Lisa Schall on March 13th that were never answered:
As you know, your challenger for San Diego County Superior Court (“seat 20″) is federal attorney Carla Keehn.  Because of questionable campaign tactics that have been used by local sitting judges, this race has gained media attention rarely seen in judicial elections.  On February 24, 2014, the San Diego Union Tribune published an article regarding this race and the campaign tactics of sitting judges. The article is entitled “Judge candidate feels gaveled down”[3].  On February 28, 2014, the San Diego Free Press published an article regarding the tactics used to cause non-endorsements for Ms. Keehn entitled, “Thou Shalt Not Challenge a Sitting Judge”[4].  On March 6, 2014, the California Court Monitor published an article. This article claims that the local sitting judge tactics are indicative of a statewide problem impacting voters’ rights to elect judicial court officers of their choosing. Their article is titled, “Judicial Election Intimidation On Display in San Diego“[5] 
____________________
Footnotes 1-5
[1] March 7, 2014 Schall email http://freepdfhosting.com/b7b95d4e0e.pdf
[2] March 8, 2014 Katy’s  “Judge Schall offer to answer your questions” http://wp.me/plYPz-3J8
[3] February 24, 2014 UT “Judge candidate feels gaveled down”  http://www.utsandiego.com/news/2014/Feb/21/judge-candidate-feels-gaveled-out/
[4] February 28, 2014 SD Free Press “Thou Shalt Not Challenge a Sitting Judge”  http://sandiegofreepress.org/2014/02/thou-shalt-not-challenge-a-sitting-judge-and-other-legal-oddities
[5] March 6, 2014 Cal Court Monitor “Judicial Intimidation On Display in San Diego”  http://californiacourtsmonitor.com/community/judicial-election-intimidation-on-display-in-san-diego/
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Judicial Canon[6] 2 states, “A judge shall avoid impropriety and the appearance of impropriety in all of the judge’s activities. B. Use of the Prestige of Judicial Office (2) A judge shall not lend the prestige of judicial office or use the judicial title in any manner, including any oral or written communication, to advance the pecuniary or personal interests of the judge or others.”
Judicial Canon 5 states, “A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.”                  
Given the above, the following are people’s questions found to be most relevant to the race for seat 20 and relevant to the underlying issues at hand. Due largely to fear of reprisal from sitting judges for publicly asking pointed questions, the questions are posed to you anonymously. Please answer them prior to Judge Rosenstein’s next known scheduled speaking engagement, March 18th, regarding San Diego sitting judges’ desire for the local Democratic Party to not endorse your challenger, Keehn. Your answers will aid potential endorsers, campaign funders, and voters to gain greater understanding of underlying issues encompassed in the race for jurist seat 20. 
1.        On October 3, 2013, Tom Homann LGBT Law Association (“THLA”) endorsed their Board of Director (“BOD”) member, Carla Keehn, for election as a Superior Court jurist[7]. In February of 2014, the BOD withdrew their prior multi-seat endorsement by questionable means of changing policy after-the fact[8] — then claiming this change negated the prior endorsement of Keehn.  On February 10, 2014, an email was sent from THLA BOD member, Mr. Fox, to Ms. Keehn[9]. The email details that the organization’s members and BOD felt threatened that retaliation and ostracizing would come to them and to the LGBT community from San Diego County (“Superior Court”) sitting judges; if they endorsed Keehn in her run against you, a sitting judge. According to the Fox email, the message of potential retaliation and ostracizing was delivered to THLA by your fellow sitting judges, Judge Paula Rosenstein and Judge David Rubin.[10] 
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Footnotes 6-10
[6] California Code of Judicial Ethics http://www.courts.ca.gov/documents/ca_code_judicial_ethics.pdf
[7] October 3, 2013 THLA multi-seat endorsement of Keehn http://vc-thla.s3.amazonaws.com/files/2013-11-08-13/20131003thlabodminutes.pdf
[8] February 6, 2014 THLA Policy #2 after-the-fact change http://vc-thla.s3.amazonaws.com/files/2014-02-07-14/standingpoliciesprocedures.pdf
[9] February 10, 2014 THLA/Fox email to Keehn http://www.weightiermatter.com/wp-content/uploads/2014/02/Fox-Email.pdf
[10]Compiled fn 7, 8, 9: THLA mislead of Keehn’s valid multi-seat endorsement after coercion by sitting judges. http://freepdfhosting.com/2f4fd38cb9.pdf
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a.) In light of the above information corroborated by the links read in footnotes 3- 5 and 7-10; do you think Judges Rosenstein and Rubin could be perceived as violating Canons of Judicial Ethics 2.B.(2) and 5? I.e. misuse of prestige of judicial office to intimidate endorsers of a challenger to a sitting judge.
b.) Do you think your re-election campaign in the capacity as the incumbent sitting judge has been an intended beneficiary of Rosenstein’s and Rubin’s actions?
c.) Do you think that Judges Rosenstein’s and Rubin’s acts are beneficial to themselves and all Superior Court appointed judges by dissuading challenges to judicial office via voter election?
d.) Do you think their acts show intent to undermine the campaign credibility and funding of any citizen who dares to challenge a sitting judge by election?
e.) Do you think their acts show intent to increase difficulty of raising voter awareness of reasons to vote some appointed judges out of office?
f.) Given that Judges Rosenstein’s and Rubin’s campaign tactics have raised eyebrows to the point that they have been found newsworthy by several professional journalists; do you think that a reasonable person would conclude that they have given “the appearance of impropriety in their judicial activities” by misuse of “prestige of judicial office” and “judicial title” to “advance the personal interests” of themselves and other “judges”.
g.) Do you think that a reasonable person would conclude that they have given “the appearance” they are “engaged in political and campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary”?
2.       a.) Have you and fellow sitting Judge Rosenstein communicated regarding her  actions and/or     communications with others which have aided to cause Keehn’s potential endorsers, not to endorse her in a race against a sitting judge? 
           b.) If so, on what dates and is there any relevant communication in your possession that is in writing? 
3.       a.) Have you and fellow sitting Judge Rubin communicated regarding his communications to THLA members which have aided to cause Keehn’s potential endorsers, not to endorse her in a race against a sitting judge? 
           b.) If so, on what dates and is there any relevant communication in your possession that is in writing? 
4.       Judge Rosenstein is a Democrat. She is scheduled to speak before the San Diego Democratic Party Central Committee, on March 18, 2014[11] and again before the San Diego Democrats for Equality on March 27, 2014.*[12] [13]
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Footnotes 11- 13
[11] March 18, 2014 SD Democratic Party Central Committee meeting where Rosenstein is scheduled to speak again for non-endorsement of candidate Keehn http://www.sddemocrats.org/events.asp
[12] March 27, 2014* SD Democrats for Equality meeting: http://democratsforequality.org/meeting/
[13] March 4, 2014 Comment Posts by Dems for Equality BOD members Re: Rosenstein lobbying them not to endorse Keehn. Mixed information received from sources of date Rosenstein is to speak* http://freepdfhosting.com/7471fc2157.pdf 
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The subject of her presentations is to encourage non-endorsement from the Democrats for Keehn’s race against a Republican sitting judge, you. Rosenstein’s prior speaking before the Central Committee of the San Diego Democratic Party on February 18, 2014[14] prejudicially aided to cause Keehn to appear to voters to be the only Democrat judicial candidate not endorsed by her party.[15] Judge Rosenstein’s actions have also caused Keehn to have to timely file her ballot statement by March 7, 2014, while appearing to have no endorsement within the Democratic and the LGBT communities.[16]
a.) As the sitting judge who is directly benefiting from sitting judges Rosensteins’ and Rubin’s actions, do you have an ethical obligation to dissuade your fellow sitting judges from abusing prestige of judicial office to your benefit?  
b.) Are you intending to discourage sitting Judge Rosenstein from making further prejudicial presentations to Keehn’s potential endorsers?
c.) Do you think the presiding judge of the Superior Court should dissuade sitting judges from violating  Canons of Judicial Ethics?
5.       a.) Do you think voters should have the right to elect the judges of the Superior Court? 
b.) Why or why not?
6.      In 1985, you were appointed to judicial office by a Governor Duekmajian. 
a.) Prior to 2014, has there ever been an election challenger to your judicial seat? 
b.) If so, in what years?  
 7.       a.) Who are and have been donors to your campaigns for judicial office? 
b.) Who are the persons in receipt of your solicitation for donations via your email sent from you to them on March 7, 2014?  
8.      Your campaign website now states that your re-election is endorsed by “All 125 judges of the San Diego Superior Court”[17].  This was changed approximately one week ago from the claimed endorsement of “All 127 judges of San Diego Superior Court”[18]. 
a.) Who are the two people who are no longer Superior Court judges causing your number of “All” to be reduced by two?  
b.) Did you include yourself among your stated 127 judicial endorsers?
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Footnotes 14-18
[14] February 18, 2014 Democratic Party Central Committee Member Duquette Email Regarding his concerns of  Rosenstein’s influence over Keehn non-endorsement at this meeting: http://freepdfhosting.com/5d87bcf215.pdf
[15] San Diego Dem Endorsement page: http://www.sddemocrats.org/democratic_candidates.asp
[16] March 7, 2014 Keehn ballot statement http://freepdfhosting.com/ae43cd3c8a.pdf
[17] Schall current endorsement page stating “125” http://judgeschall.com/endorsements/
[18] Schall former endorsement page stating “127” http://freepdfhosting.com/961054ec33.pdf 
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9.       How can the public access written proof of your stated endorsement from “All 125 judges of the San Diego Superior Court”?  
10.     Your website makes the claim that your re-election is endorsed by the “Alliance of California Judges” (“ACJ”).[19] This is an organization which claims to be comprised of over 500 California judges and justices, statewide, who keep their members’ names confidential.
a.) Why is the ACJ endorsement not stated on your ballot statement[20]; but the claimed endorsement is on your website?   
b.) What proof do you have of who authorized this claimed endorsement from the ACJ?
c.) Did each of the anonymous members of the unincorporated group provide their individual endorsement to you? 
d.) Can you provide evidence that each and every member of the ACJ endorses your re-election?
e.) Have you received communication from anyone associated with the ACJ which caused you not to list them among your endorsers on your ballot statement?
f.) What are the names of the ACJ members/sitting California jurists who you claim endorse your bid for re-election?
11.    I was told that in 2008 when a local newspaper reporter tried to find the file of your plea bargain for your 2007 DUI arrest[21], that the court records department indicated that they could not locate the file. 
a.) Do you have information of why the records may be unavailable to the public and reporters?
b.) What is the case number?
12.    In 1995, a litigant refused to re-enter your courtroom for fear she would become angry because she claimed you would not let her tell her side of the story.  According to the records, you sent your bailiff into the hallway to arrest the litigant who was then sent to jail for five days without a contempt of court hearing. In 1999, you were publicly admonished by the Commission on Judicial Performance (“CJP”) for this abuse. 
a.) Did you ever apologize to the litigant for your breach of judicial ethics causing her five days of false imprisonment? 
b.) If not, why not?
c.) Was any restitution for the false imprisonment by your hand, ever paid to harmed litigant?
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Footnotes 19-21
[19] Alliance for California Judges, confidential membership of state jurists   http://allianceofcaliforniajudges.com/membership.html
[20] February 12, 2014 Schall ballot statement http://freepdfhosting.com/fe79eb4a55.pdf
[21] September 17, 2008 MetNews “San Diego Judge Publicly Censored Over Wet Reckless Plea” http://www.metnews.com/articles/2008/guys091708.htm
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13.       In 1995, were you privately admonished by the CJP for giving custody of a minor to her mother whose live-in boyfriend, “de facto father”, was known to the courts to have been established as molesting the child?[22] (fn 24, 2008 public admonishment indicates a private admonishment involving a minor)  
14.       Did the CJP privately admonished you for unethical campaigning in 1986 [23]
15.       You have received no less than two public admonishments from the CJP for violating the Code of Judicial Ethics.[24] [25]
              a.) How many non-published admonishments have you received from the CJP
              b.) How many complaints are you aware exist, that have been filed against you for which no admonishment has been given by the CJP?[26]
16.        a.) Besides the embarrassment of being publicly admonished by the CJP, have you received any other form of punishment for your multiple violations of Canons of Judicial Ethics?
               b.) If so, punishment in what forms?
17.       To date, how many times have you been named as a co-defendant with some of the current stated endorsers of your judicial re-election campaign?
18.       Are you disclosing to your financial supporters that you are currently a defendant in a racketeering lawsuit;[27] and of the implications this may bring under 18 U.S. Code § 2, 3, and 4?
19.       Are citizens of the state of California, which also makes them citizens of the United States, entitled to protections of each entity’s constitutions?
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Footnotes 22-27
[22] November 1993 In re Kieshia E. (1993) 6 Cal.4th 68 , 23 Cal.Rptr.2d 775; 859 P.2d 1290 http://scocal.stanford.edu/opinion/re-kieshia-e-31525
[23] September 28, 1986 Complaint to the Commission on Judicial Performance for unethical campaigning http://articles.latimes.com/1986-09-28/local/me-9731_1_judges-credibility-lacking “Judge’s Credibility Lacking”
[24] September 5, 2008 Commission On Judicial Performance admonishment for DUI  http://www.cjp.ca.gov/res/docs/Public_Admon/Guy-Schall_09-05-08.pdf  
[25] October 19, 1999 Commission On Judicial Performance admonishment for false imprisonment  http://www.cjp.ca.gov/res/docs/Public_Admon/Guy-Schall_99.pdf  
[26] November 2011 Angie’s Media “CJP Investigation of Judge Schall Heats Up, Citizen Input Sought” http://angiemedia.com/2011/11/09/cjp-investigation-of-judge-lisa-schall-heats-up-citizen-input-sought  /
[27] January 2014 California Coalition for Families and Children et al. v. San Diego County Bar Association et al., United States District Court, Southern District of California Case No. 3:13-cv-1944 CAB (BLM)  http://www.weightiermatter.com/wp-content/uploads/2014/01/CCFC-Letter-to-Daphne-Hearn-Attachments.pdf 
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20.        In light of less California court employed court reporters, do you feel it is important that litigants have access to the original tapes of proceedings in which tapes are the official record? Smith v. U.S. District Court Officers 203 F.3d 440 (2000)
(Questions 21-23 are from Sharon Kramer)
21.      As a judicial officer of the court, is it your standard practice that when a juror’s declaration is submitted to you stating that prejudicial hearsay documents not discussed in a trial somehow entered your court’s jury room, were read aloud by a juror, and influenced the verdict; that you refuse to even hear oral arguments for a new trial?[28]
22.     As a judicial officer of the court, is it your standard practice that when direct evidence of a litigant’s material perjury is provided to you, for you to “not be drawn into that kind of petty behavior” of making the litigant’s attorney explain himself regarding his client’s perjury and his repeated suborning/benefiting from it in your court? [29]
23.     As you are well aware, several of your fellow sitting jurists who now endorse your re-election, have collusively committed criminal acts without subject matter jurisdiction by their continued usage of a 2008 void judgment issued from your court in the matter of Bruce J. Kelman & GlobalTox, Inc.  v. Sharon Kramer Case No. GIN044539. [30] [31]
a.) As a sitting judge and candidate for voter re-election to public office, what do you intend to do to mitigate the continuing damage to the United States public caused by your endorsers using the void judgment that was falsified in your court? [32]  
b.) As a judge, your decisions impact the lives of many.  Do you feel it is prudent for judges to admit error when error is proven to exist; or do you think people should have to sue judges in federal court to mitigate the damage from concealment of errors?
24.     Do you think silence is a valid response when jurists are faced with irrefutable evidence of wrong-doing?
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Footnotes 28-32
[28] Former THLA BOD member/Juror #5 Shelby Stuntz’s, 2008 Declaration & Schall denial to even hear  oral argument for new trial http://freepdfhosting.com/96e00ed077.pdf
[29] Direct evidence Schall knew of material plaintiff perjury impacting her rulings; Schall refusal to be “drawn into that kind of petty behavior” of punishing for crime in Schall’s court, and CJP refusal to punish several court officers for their suborning perjury, etc. http://freepdfhosting.com/246e6ad4b3.pdf
[30] Schall court falsified judgment in its current form http://freepdfhosting.com/1f449984f8.pdf
[31] 2013, Sitting Justices Judith McConnell and Patricia Benke concealment and continued usage, coram non judice, of Schall 2008 falsified judgment. Second demand for proof of jurisdiction – which never came.  http://freepdfhosting.com/6dcb2f89ba.pdf  
[32] “Environmental Advocate Sharon Kramer ~US DOJ Lying Experts~Cal Courts & Mold~ Not a  pretty story!!” http://wp.me/PlYPz-3AJ
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25.      Are you of the opinion that there are serious problems in the California judicial branch and its ancillary agencies; or do you feel that no real change is needed?
26.     Your campaign motto is “Injustice anywhere is a threat to justice everywhere”.[33] What does that sentence mean to you in relation to your role as a San Diego County Superior Court judge currently running for re-election by the voters?
27.      Your challenger Carla Keehn’s campaign motto is “Its not just about knowing the law. Its about upholding the law and applying it equally and fairly”[34] Do you agree with that statement?
On behalf of San Diego County voters and those who submitted questions, I thank you for your offer to answer questions in an effort to bring clarity to the matter at hand.  We look forward to receipt of your timely reply.
Sincerely,
Mrs. Sharon Noonan Kramer
cc:  [by mail on March 14th]
       Judge Paula Rosenstein
       Judge David Rubin
       San Diego County Superior Court Presiding Judge David Danielson
________________
Footnotes 33-34
[33] Lisa Schall for Judicial Seat 20 http://judgeschall.com/
[34] Carla Keehn for Judicial Seat 20 http://carlakeehnforjudge.com/
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