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Lockyer May Attempt to Strike and Seal Declaration - A declaration entered into evidence in the case of Forte v. O'Farrell, M72599 (Monterey Super. Ct., filed 2004) may be evidence in the current disciplinary inquiry of Santa Barbara Superior Court Judge Diana R. Hall. – Copy Attached.
Lockyer May Attempt to Strike and Seal Declaration

 

NewswireToday - /newswire/ - Monterey, CA, United States, 2005/11/23 - A declaration entered into evidence in the case of Forte v. O'Farrell, M72599 (Monterey Super. Ct., filed 2004) may be evidence in the current disciplinary inquiry of Santa Barbara Superior Court Judge Diana R. Hall. – Copy Attached..

   
 
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On Wed., Nov. 23 at 8:30 a.m. a request for a federal consent decree will be made at the Monterey Superior Court to request that the federal government take charge of the Monterey Superior Court, the California Attorney General's Office, the California Governor's Office, and the Commission on Judicial Performance, according to Eugene E. Forte.

On Friday, Nov. 18 Calif. Attorney General Bill Lockyer, in an unprecedented move, halted the disciplinary proceedings against Hall, and is now moving to strike and seal the evidence that caused him to take such action.

The evidence that he wants to seal is a sworn declaration filed with the Monterey Superior Court on Wednesday, Nov. 16 in a different case against Monterey Superior Court Judge Robert O'Farrell, Forte v. O'Farrell, M72599 (Monterey Super. Ct., filed 2004), according to Forte.

The declaration states that Judge Michael Fields told a former court clerk, Crystal Powser, that he and the other Special Masters hearing the Hall case have already decided that Hall is guilty on all three charges, prior to the case being concluded.

If the sworn declaration is true, the three judges would be subject to disciplinary action themselves, Forte explained.

The situation is further complicated by the fact that Lockyer is defending O'Farrell in the case in which the declaration by Powser was made. That case alleges that O'Farrell conspired with Judge Michael Fields, one of the three judges involved in the Hall inquiry, to fix the assignment of cases and the outcome of hearings.

Forte has charged in Forte v. O'Farrell, M72599 (Monterey Super. Ct., filed 2004) that O'Farrell caused him emotional distress and abused his due-process rights. Forte claims O'Farrell violated his rights when the judge had deputies arrest him because Forte announced his intent to "paper" O'Farrell in another civil suit he had filed.

It is alleged that the judges fixed the assignment of judges in their own Code of Civil Procedure Section 170.6 disqualifications filed by litigants. When a party files the disqualification, that case is suppose to be given to another jurist to be assigned back out with no questions asked of the party filing it.

 
 
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Lockyer May Attempt to Strike and Seal Declaration

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