 California Attorneys Appearing in Pretense Court Proceedings: A Legal Ethics QuestionCalifornia legal ethics question: What are the duties and responsibilities of an attorney when appearing in pretense court proceedings before a corrupt judge? – Correspondence with a California Attorney
By: Human Rights Alert, NGO Correspondence [2] with a California attorney, documents how it works in practice in everyday life at the Superior Court of California, County of Los Angeles. The attorney in fact tacitly admitted that he would participate in court proceedings, where he would not ascertain that the judge holds an Assignment Order, that he would not ascertain that the judge does not "waive" the Due Process right for Notice and Service, and that he would not ascertain that any appealable order and judgment is entered in the manner required by California Code to make it "effectual for any purpose". In short: He would represent a client and collect legal fees in cases that are pretense court proceedings, and would not disclose it to his clients. _________ At 09:05 PM 10/26/2010, California Attorney wrote: Still no word from you on judge [redacted] dpt [redacted]. If you know of nothing, just let me know. I do not know if you are receiving the emails and choosing not respond, or simply not answering. thanks Sent: Tuesday, October 26, 2010 4:02 PM by Joseph Zernik I start most of my work off records alone. I found only eight (8) cases where [redacted] was involved, and only partial records at best. However, there is no doubt that [redacted] is a corrupt judge, on multiple accounts. It looks like [redacted] and Attorney KEVIN SINGER do the dog and pony show like Judge JOHN SEGAL and Attorney DAVID PASTERNAK. [added – in pretense receiverships] Thanks for bringing [redacted] name to my attention. JZ At 03:01 AM 10/27/2010, Joseph Zernik wrote: What does that mean 8 cases [redacted] was involved in?? Sent: Tuesday, October 26, 2010 5:10 PM by Joseph Zernik I managed to find records and reports only of 8 captions. Involved in - in some of these cases multiple judges juggled the case, apparently with no assignment orders, a typical pattern in group racketeering at the court, and [redacted] was only one of a group. At 02:24 AM 10/27/2010, California Attorney wrote: Yes, my case was related to another case, judge [redacted] ordered it related and transferred to probate court. [redacted] refused to cooperate and refuses to move the case over. Sent: Tuesday, November 02, 2010 1:19 PM by Joseph Zernik · Would you inform your client when a judge is presiding with no Assignment Order? · Would you inform your client when a judge "waives" the right for notice and service? · Would you inform your client when all Minutes in the court file fail to be signed by the Clerk of the Court or Deputy Clerk? · Would you inform your client when Judgment or Appealable Order is not entered, yet the court enforces it in violation of the law? I simply cannot see how any attorney can practice in Los Angeles County, California, unless he/she is either incompetent or corrupt. JZ At 11:37 PM 11/2/2010, California attorney wrote: Well, I do not believe I am either one of your choices Date: Tue, 02 Nov 2010 23:54:49 +0200, California Attorney wrote: · Would you inform your client that a judge in his/her case is presiding with no Assignment Order? · Would you inform your client when the judge "waives" notice and service? · Would you inform your client that none of the Minutes in the court file are duly signed by a Deputy Clerk, and therefore are void? · Would you inform your client that his/her judgment was never entered? It is a tough job for an attorney to walk between the drops... Date: Tue, 2 Nov 2010 15:05:16 –0700, California Attorney wrote: Is this happening all the time? Sorry I have not been reading each of your emails. If a judgment is not entered, I would have that corrected, and have, but as for the other three, I have never seen it, but I also have not been looking at it Im sure as closely as you. but I guess your point is that all attorneys should be. I have never been involved in a case where I thought that has happened or where my client thought something was fishy, expect for the time I helped you. Sent: Tuesday, November 02, 2010 7:23 PM by Joseph Zernik: You must be naive at best: · Pursuant to the US Constitution, Art. IV s. I, and Act of Congress of May 26, 1790, for judicial records to be of "full faith and credit", the judgment must be attested by a clerk, beyond its "execution" (certification) · Furthermore, pursuant to Cal Government Code, 69844.7 the court is required to maintain a “Judgment Book”. · California Code of Civil Procedure, section 664.5 requires that such judgment or appealable order be entered in the judgment book, to make such judgment "effectual for any purpose". If I understood you correctly, you accept judgment as valid and effectual based on certification by a judge alone - therefore, you may be advising your clients to obey or accept as judgments of "full faith and credit", and "valid and effectual" judicial records, which are in fact void, not voidable. At 07:27 AM 11/3/2010, California Attorney wrote: Joseph, I read through to In Short and if you , the FBI and the senators and the UN cannot fix this, how the hell can I make a dent? This reminds of when I was helping you and became overwhelmed by the magnitude of what you alleged. As for your questions, I do not have answers without researching it, but I do know that even if you are right, there is little, little old me can or will do to make a change other than stop practicing law and starve my wife, kids and myself. You continue to carry the torch and G-d willing the truth will see the light of day. These things cannot last forever. Until then, I will continue my quest to figure out if my judge is bias on enough grounds to get rid of her. Wed, 03 Nov 2010 12:03:56 +0200, Joseph Zernik wrote: I asked you only about clerical specifics, which I consider the essentials that a competent attorney must ascertain while representing a client in court. I was not talking about "bias". "Bias" is much more difficult to ascertain. · I was asking about your duty to ascertain whether the judge, before whom you claim to represent your client, has any authority at all, or is just engaging in pretense judicial conduct. · I was asking about your duty to ascertain that minutes are duly issued and signed by an authorized Deputy Clerk during judicial proceedings, and are duly served and noticed, pursuant to Due Process rights. · I was asking about your duty to ascertain that Appealable Orders and Judgments are certified by a judge and attested by a clerk, and entered pursuant to California Code, to make them valid and "effectual for any purpose". In my opinion, any attorney, who does not ascertain these essentials in representation of his client, is colluding with corruption of the LASC and betraying his client - permitting his client to become victim of abuse by the corrupt courts. In my opinion, an attorney, who finds out that his client is being abused through the conduct of pretense judicial proceedings, and is too timid to disclose the true facts to his client at minimum, must immediately resign from representation. Collecting legal fees, while representing a client in pretense judicial proceedings is corrupt. My conclusion from your response is that you have no intention of doing either, but continue to represent such clients in pretense judicial proceedings. LINKS [1] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report: http://www.scribd.com/ [2] 10-11-03 California Legal Ethics Question What Are the Duties and Responsibilities of an Attorney When Appearing in Pretense Court Proceedings Before a Corrupt Judge-s http://www.scribd.com/ # # # Human Rights Alert, a Los Angeles County, California, NGO, is committed to monitoring Human Rights violations by the US government, and reporting such violations, including, but not limited to the 2010 Universal Periodic Review of the US by the UN. End
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