10-11-17 California Ethics Questions presented to TIKKUN's Rabbi MICHAEL LERNER: What are the duties and responsibilities of counsel, when representing a client in corrupt court proceedings? // Preguntas para el Rabino Michael Lerner: Ética de los Abogados en los Tribunales Corruptos

Rabbi Michael Lerner, Editor - Tikkun Magazine (to heal, repair, and transform the world)

Dear Rabbi Lerner:

Thanks again for your response on the previous ethics question, affirming the ethical duty of Bet Tzedek (The House of Justice) and the Los Angeles Jewish Federation to respond on the question whether they have grievance procedures, for individual, who claims to have been harmed by fraud perpetrated by Bet Tzedek and its most senior officers on the grounds of Bet Tzedek. 

Here are two related, more complex ethics questions:

1) Given the recent United Nations Human Rights Council report, which referred to "corruption of the courts and the legal profession" in California, should attorneys in California include a statement to that effect in their standard engagement agreements?
After all, it surely is a material fact, which the average person may not be aware of, but should consider before retaining an attorney in California or ever going to court.

2) What are the duties and responsibilities of counsel, when representing a client in a corrupt court proceeding?

Copied below is correspondence with two Los Angeles attorneys on this issue:

The first, self-identified as an Orthodox Jew, explained his conduct in participating in such proceedings without ever disclosing it to his clients by the need to provide for his wife and children. 

The second, believed to be non-Jewish, explained his participation in such proceedings without ever disclosing it to his clients in intimidation/extortion: Attorney Richard Fine, identified as Jewish, recently tried to protest such proceedings in the Los Angeles court, and ended up in 18 months of solitary confinement with no warrant ever issued and with no judgment/conviction and no sentencing ever entered in his case.

Of note, the issue in the case of the second attorney was again related to alleged Fraud on the Court in conduct of a Jewish Los Angeles judge and Attorney DAVID PASTERNAK, Board Member and former President of Bet Tzedek.

I look forward to your responses on these questions, which must be everyday dilemmas for attorneys in Los Angeles County, California, and beyond, many of them members of the US Jewish community.  Needless to say, protesting and rebuking corruption of the courts was central to the teachings of the Hebrew prophets, and part of what made them universally admired.  In pronouncing a clear and unambiguous stand on these issues you may indeed help transform California and the United States, as we know them today.

Truly,

Joseph Zernik, PhD
Human Rights Alert (NGO)

Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.

http://www.scribd.com/Human_Rights_Alert
http://inproperinla.com/
http://pressroom.prlog.org/Human_Rights_Alert/
http://human-rights-alert.blogspot.com/
http://josephzernik.blog.co.uk/
http://menchenrechte-los-angeles.blogspot.com/
http://droitsdelhommealertelosangele.blogspot.com/
http://ireport.cnn.com/people/HumanRightsA?numResults=10&view=documents
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
*  "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?
*     "Innocent people remain in prison"
*     "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306/
*   "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
*   "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."    
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/274339
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WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?
*   "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
http://www.scribd.com/doc/38566837/
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1) 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? Correspondence with a Jewish Los Angeles Attorney



As part of the first ever, 2010 UPR (Universal Periodic Review) of Human Rights in the United States, the Human Rights Council issued a staff report referring to "corruption of the courts and the legal profession" in California. [1]
Below is correspondence with a California attorney, documenting how it works in practice in everyday life at the Superior Court of California, County of Los Angeles:
_____
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
[redacted] Stanley Mosk Courthouse Dept [redacted] [redacted] [added - severl of them are pretense receiverships] 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, California Attorney 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:
Although I never used these words, my report to the United Nations was summed up by the legal staff of the Human Rights Council as "corruption of the courts and the legal profession".
- 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, Joseph Zernik 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, 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 I'm 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, and the new case I have in front of [redacted], of which you have not been providing me with much good ammunition. Trying to get rid of [redacted] for the things you told me I believe will be a waste of time and money. Maybe I am wrong, but cannot take the chance. [redacted] does not even give up the case when she is ordered to by [redacted].
Date: Tue, 2 Nov 2010 15:33:48 , California Attorney wrote:
That is why we have you and the good organizations fighting the cause. If you are correct, like I said a long time ago, you, the public, the press will need to bring it into the open and cause change. I am a little fish swimming in a very big ocean and cannot spend the time or resources to get to the bottom of what you say is happening. However, on a case by case basis, if things arise, I will check further. FYI, when I submit a judgment and get it back executed by the court, that is what I use. If that is wrong because of the court failing to enter it, well I will look into that from now on to try and get the court to enter it in a way that you are citing, though I am not sure that is necessary given the practice and custom among attorneys, however unfortunate you say it may be due to the illegality. So it seems I am back to square one with my problem judge. Thank you for trying to help me.
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) by a Judge.
- Furthermore, pursuant to California Government Code §69844.7 the court is required to maintain a "Judgment Book".
- California Code of Civil Procedure §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. Exposing the corruption "by organizations' is not likely to make any difference. For example - existence of secret corporations, controlled by the LASC judges, and inexplicable fund movements in and out of such corporations, was exposed already a decade ago by the Washington DC "Insight Magazine". No action was taken by FBI, IRS, or US DOJ, and such corporations continue to operate to this date. In complaint to US DOJ, I provided additional credible evidence of high-level financial management fraud at the LASC. US DOJ refuses to take action. Corruption of the judiciary and the legal profession in LASC and the United States is now rampant, and neither the Executive, nor the Legislative Branches have the power to address it. To wit:
- Already in 2007 I filed complaints regarding racketeering in the Los Angeles Courts.
- In 2008 I filed similar complaints with FBI Director and US Attorney General with voluminous credible evidence.
- Both refused to respond.
- In 2009, Senator Dianne Feinstein and Congresswoman Diane Watson filed Congressional Inquiries on my behalf of FBI Director and US Attorney General - why they would not address the complaints of racketeering in the Los Angeles courts.
- Assistant Director of FBI - KENNETH KAISER, and Director of US Department of Justice KENNETH MELSON responded to US Congress. I deemed their responses fraud on the US Congress.
- In 2010 I filed complaint with GLENN FINE - US DOJ IG - for fraud by the above two gentlemen on US Congress.
- US DOJ IG refused to respond.
- Senator Feinstein then filed another Congressional Inquiry, this time on US DOJ IG - Why he would not respond on complaint of fraud by FBI Assistant Director and US DOJ Director on US Congress.
- Response was due within 30 days. To this date US DOJ IG is refusing to respond. Of note, the online Mission Statement of US DOJ IG includes "restoration of the credibility of the US DOJ", and already in 2008 Patrick Leahy, Chair of the US Senate Judiciary Committee, called for a "Truth and Reconciliation Commission" regarding conduct of the US DOJ.
My manuscript, now under review by a top-tier international law journal, documented the same type of conduct all the way to the Supreme Court of the United States. In short, what we are witnessing today is the US controlled not only by the traditional "Military Industrial Complex", but above and beyond it - the Judiciary Banking Complex. Although never stated in these terms, that was the essence of my report to the United Nations, which led the legal staff to sum it as "corruption of the courts and the legal profession". In fact, the US and state judiciary, in collusion with the legal profession, brought the US into a Robber Baron Revival Era. The outcome is historically predictable - we are back in a Greater Depression.
[redacted]
- You still have not addressed the issue of how you ascertain that LASC judges presiding in cases of your clients indeed hold Assignment Orders.
- You likewise have not addressed the issue of your conduct when LASC judges engage in the standard practice of "waiving notice" of minutes of the court, depriving your clients of their fundamental civil rights.
- You likewise have not addressed the standard practice of including in court files Minutes, which were never signed by the Deputy Clerk, and therefore are void, not voidable.
In short: the LASC routinely issues pretense judicial records, construct pretense court files, and thereby conducts pretense litigations.
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, six 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. If I am wrong, I guess I can return to your points and try to discredit the whole court in order to have [redacted] thrown out. I wish you the best for yourself and the large picture.
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. Now you understand why the UN legal staff to my surprise concluded, based on my report, corruption of both the courts and the legal profession, although I never used these terms.
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/doc/38566837
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2) 10-11-06 Hanassab v Hanassab (BD478923): Duties and Responsibilities of California Attorneys Subjected to Extortion by 'Corrupt Courts' - a Legal Ethics Question

Los Angeles, November 6 - Human Rights Alert and Joseph Zernik, PhD, forwarded to legal experts a California Legal Ethics questions, pertaining to duties and responsibilities of California attorneys facing extortion by 'corrupt courts'.   The matter arose from litigation of Hanassab v Hanassab (BD478923) - Petition for marriage dissolution at the Superior Court of California, County of Los Angeles, where Receiver was appointed under conditions deemed as extortion by the Court, and Counsel for Respondent, although fully informed of the extortionist nature of the Receiver, stated that he would 'tread lightly' in the matter, since he was intimidated by the treatment accorded to former US prosecutor Richard Fine, who stood up to corruption of the Los Angeles Court, and was imprisoned in solitary confinement for 18 months, with no warrant and no judgment/conviction or sentencing ever entered in his case.
A recent United Nations Human Rights Council report referred to 'corruption of the courts and the legal profession' in California. [a] However, regardless of voluminous evidence of operation of an enterprise by the LA-JR (alleged Los Angeles Judiciary Racket), the US Justice Department refuses to take action.
The two common features of the LA-JR noted in previous complaints to the US Department of Justice included large-scale false imprisonments and financial fraud, including, but not limited to the installment of pretense receiverships, involving Attorney David Pasternak (former President of the Los Angeles County Bar Association, former Member of the California Judicial Council, and former President of Bet Tzedek), and others, falsely acting as Receivers with no valid and effectual Appointment Order ever entered.
Regarding David Pasternak's conduct, fraud expert - an FBI veteran, who was decorated by US Congress, by US Attorney General, and by FBI Director - opined 'fraud being committed' (linked below). Numerous judges and commissioners were named as involved in the alleged racketeering, including, but not limited to JACQUELINE CONNOR, ALAN GOODMAN, GREGORY O'BREIN, JOHN SEGAL, TERRY FRIEDMAN, PATRICIA COLLINS, LISA HART-COLE, GERALD ROSENBERG, JAMES D ENDMAN, CHARLES MCCOY, J STEPHEN CZULEGER, AND DAVID YAFFE,  (see links to complaints filed with the US Attorney Office below).  Clerk of the Court JOHN A CLARKE is opined as central figure in the LA-JR.[b]In a previous communication with a California Attorney, who was apparently involved in pretense litigations at the court, the explanation offered by the Attorney for his conduct was in the need to provide for his wife and children.  [c] However, inHanassab v Hanassab (BD478923), Attorney Christopher G. Weston explicitly stated that his decision to 'tread lightly on this issue' was guided by 'considering what happened to Richard Fine' (copied below).
The names of the judges involved, as well as David Pasternak's name were concealed from the 'Case Summary' of Hanassab v Hanassab - published by the Court online and deemed as false and deliberately misleading records, [d] while the Court denies access to the Registers of Actions - the California civil dockets.  However, based on the departments listed, the Judges involved included AMY M PELLMAN  (CE65), MARJORIE S STEINBERG (CE2), THOMAS T LEWIS (CE79).
Request was forwarded to Attorney Weston for copies of key records in the case, for filing a complaint with US Department of Justice regarding racketeering by Attorney David Pasternak and judges of the Superior Court of California, County of Los Angeles involved in the case.

Human Rights Alert (NGO) is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system.

LINKS:
[a] 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/doc/38566837/
[b] 10-10-15 Proposed Organizational Chart of the LA-JR (alleged Los Angeles Judiciary Racket) s
http://www.scribd.com/doc/39383792/
[c] 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?
http://www.scribd.com/doc/40844606/
[d] 10-11-06 Hanassab v Hanassab (BD478923) - online Case Summary
http://www.scribd.com/doc/41326865/

CORRESPONDENCE pertaining to Hanassab v Hanassab (BD478923)
1) Note by Nasrin Hanassab, Nov 3, 2010 Date: Wed, 3 Nov 2010 19:33:04
From: nasrin hanassab
Subject: Re David Pasternak
To: jz12345@earthlink.net

Hello,

My name is Nasrin Hanassab case number BD478923, I would like to speak with as I am currently facing a difficult court battle and the receivership is under David Pasternak. I ask that if you would kindly contact me as I have few questions regarding your complaint and I wish to know if there is anything that I can do to help myself in this matter.

I did try to reach you at the phone number that is publicized on the web however, it appears not to be in service.
I ask you to please contact me.

My phone number is [redacted].

Attentively,
Nasrin Hanassab

2) Note by Joseph Zernik, Nov 4, 2010Date: Thu, 04 Nov 2010 08:31:11
To: nasrin hanassab
From: joseph zernik 
Subject: Re: Re David Pasternak

Thanks for contacting me.
I have reviewed numerous cases involving Mr Pasternak, and in my opinion he is a central figure in organized crime at the court. [1] [2] [3] My opinion in that regard is supported by opinion letter of Mr James Wedick, a fraud expert and FBI veteran, who was decorated by US Congress, US Attorney General, and FBI Director. [4]
I will review the Case Summary and other records that are provided online in the caption that you provided.
I do not need to speak with you by phone at this point.  However, I need some basic records:
1) The Order Appointing David Pasternak Receiver, together with its Proof of Service.
2) The minutes issued by the court on the same day that the Order was signed by a judge, as served on you or your attorney (alternatively - state that no Minutes were ever stated).
Truly,

Joseph Zernik, PhD
Human Rights Alert (NGO)
LINKS
[1] http://www.scribd.com/doc/33354641/10-06-21-Dr-Zernik-s-Complaint-Filed-with-Us-Attorney-Office-Los-Angeles-against-Mr-David-Pasternak-for-Public-Corruption-Deprivation-of-Civil-Rights
[2] http://www.scribd.com/doc/34504304/10-07-19-Complaint-filed-with-US-Attorney-Office-against-Judge-John-Segal-Clerk-John-Clarke-Attorney-David-Pasternak-Los-Angeles-Superior-Court-i
[3] http://www.scribd.com/doc/35828312/10-08-13-RE-Karimi-v-Mithawaila-BD518503-Complaint-against-Attorney-David-Pasternak-and-the-Superior-Court-of-California-County-of-Los-Angeles
[4] 07-12-17 Samaan v Zernik (SC087400) David Pasternak: Grant Deeds in re: 320 South Peck Drive, Beverly Hills, CA 90212, opined as fraud by James Wedick
http://www.scribd.com/doc/24991238/
3) Note by Attorney Weston, Nov 4, 2010From: WLCONNECTION@aol.com
Date: Thu, 4 Nov 2010 21:15:20 EDT
Subject: re: DAVID PASTERNAK
To: jz12345@earthlink.net

Dear Mr. Zernik:

I am the attorney for Ms. Hanassab who contacted you  yesterday regarding the receiver David Pasternak. I am interested in your case and investigation  based on some unusual circumstances in Ms. Hanassab case. First in that the parties stipulated to vacate the receiver and  a few  days  later, David Pasternak went to court with nunc pro tunc order  without giving any notice to the parties and the judge in the case signed it. At my client's request I will be sending you a writ of supercedes. However, this document and its exhibits are too large to email.

I would be interested in your opinion but I intend to tread lightly on this issue considering what happened to Richard Fine.

Sincerely,

Christopher G. Weston

4) Note by Joseph Zernik, Nov 5, 2010Date: Fri, 05 Nov 2010 06:39:13
To: WLCONNECTION@aol.com,
From: joseph zernik 
Subject: re: DAVID PASTERNAK
Cc: nasrin hanassab
Dear Mr Weston:

I would be most interested in seeing copies of the following records, which I believe are relatively short:

1) Order signed by the judge in response to the nunc pro, as served on you by Mr Pasternak, together with the Proof of Service, and
2) Minutes issued by the Court on the day that the judge signed the Order, as served on you by the Clerk of the Court, together with Certificate of Mailing and Notice of Entry.

In case either or both were not served, it would be sufficient to state so.

Thanks,

Joseph Zernik