Mr. Herman obviously didn’t get the “speak with one voice” memo. If he had gotten the “speak with one voice” memo he wouldn’t have drafted the enclosed letter on CJA letterhead.
Mr. Herman wanted to demonstrate that he delivered his CJA district on the CJA survey like a good little judicial council soldier. District eight was properly brought into line and that the results from his district show overwhelming trust, support and confidence in all that the Judicial Council and the AOC is and undertakes. Mr. Herman is and always has been a blind supporter of the Judicial Council and of the AOC. As to if the entire district eight supports the Judicial Council and the AOC quite like Mr. Herman does… we’re going to guess by some of our previous communications from individuals in district eight courts… not so much.
Are you from Mr. Herman’s district eight? Do you agree with his “speak with two voices” letter being composed on CJA letterhead? Did he utilize statistics to promote mistruths and his own angle? Did he write the letter with the clear intention of undermining the previous CJA letter? We want to hear what you think about Mr. Herman’s letter. We only have one additional question for Mr. Herman.
What’s that brown stuff on your nose?
Mr. Herman’s own view of his letter can be found on MetNews
New – Courthouse News: L.A. Judges fire back at Santa Barbara letter
_____________________________________________________
And thanks to Mrs. Kramer, we have another question. Were CJA rules violated?
committee, officer or member of the Association (a) shall act, or purport to act, speak or purport to speak for the Association; (b) shall publicly announce, publish, cause to be published, or release for publication any statement or declaration purporting to be the intent, position or policy of the Association.
ABC News 10 San Diego questions the use of the Ralph Shapiro Administration of Justice fund. You know, the one that buys the booze at the judicial social gatherings instead of using taxpayer dollars for bar tabs?
Mrs. Kramer
May 13, 2011
I don’t understand. Why would Judge Herman feel it appropriate or necessary to send a letter to the CJ voicing support for the AOC and the JC; put it on CJA stationary; and then discuss it with the press?
Couldn’t he have just told the CJ his personal feelings and interpretations of the judges’ survey sans involving CJA and the press? They must speak on the subject because on April 19, 2011, the CJ announced Judge Herman’s appointment as Chair of the new committee to oversee CCMS.
http://legalpad.typepad.com/my_weblog/2011/04/latest-committee-to-oversee-court-case-management-system.html
“April 19, 2011
Latest Committee to Oversee Court Case Management System
[Cheryl Miller]
Chief Justice Tani Cantil-Sakauye today announced that she has formed what will be the fifth committee charged with oversight of the troubled California Court Case Management System.
Santa Barbara County Superior Court Judge James Herman, a vocal supporter of CCMS, chairs the new 10-member committee, which will be responsible for “ensuring that [Judicial] Council policies are complied with and the project proceeds on schedule and within budget,” Cantil-Sakauye said in a prepared statement.
The committee will present its first report to the Judicial Council at its April 29 meeting, an Administrative Office of the Courts spokesman said.
The branch already has four committees overseeing various aspects of the in-development computer system. They were launched in December amid growing criticism that the project’s costs and management were out of control.
At her first Judicial Council meeting as chief justice in February, Cantil-Sakauye said she would create a new oversight committee — the one announced today — that would report directly, and perhaps more regularly, to the Council.
The committee members are all current Judicial Council members. As such, they all signed a response to the state auditor’s scathing February analysis of CCMS that praised the project and its “fiscally responsible” management. The auditor projected the project’s costs will top $1.9 billion.”
Isn’t that a conflict of interest to personally use a 501(c)6 letterhead in support of the efforts of a committee (not affiliated with the 501(c)6) that one personally chairs regarding the appropriations of tax dollars; and while making written and public statements not consistent with those publicly made by the Executive Committee of the 501(c)6?
Judicial Council Watcher
May 13, 2011
It appears that Mr. Herman’s ill advised district eight letter has attracted some backlash because it is not on real CJA stationery but stationery made to look like CJA’s.
Someone take that boys shovel away. He’s going to dig himself a hole clear thru to China.
_______________________________________________________________________
Dear President Davis:
A regrettable event has occurred that must be rectified immediately by you as President of the California Judges Association. A member of the CJA Board, Jim Herman, used a modified (ergo faux) CJA logo/masthead art in a letter to the Chief Justice that posits a position that was not authorized by you or any resolution of CJA’s board. The unauthorized use of such letterhead artwork making it appear as though it is written on behalf of CJA is disturbing. The content of the letter goes further. By referencing yet unreleased and confidential (to date) data, the letter speaks authoritatively about issues on which CJA – due to the nearly divided views of its members—chose to remain neutral. This letter not only nuanced, but contradicted the bulk of our statewide membership’s positions. The final paragraph of this letter also co-opts the mission statement (voice of the judiciary) of CJA, again, suggesting and aligning the views expressed in the letter with actions that have not been authorized by the board or by you, its president.
We request that an executive committee meeting be held by close of business today, preferably 3:30 p.m. at which time we plan to request that you immediately advise the Chief Justice – in writing on our official letterhead — that the letter from Judge Herman was unauthorized, misleading, and does not represent the views of CJA as a whole. The letter should include a breakdown by district of CJA survey results. Finally, because our grassroots members learned about this through the media, it appears incumbent that a proportional response be made public.
The 2600 members of CJA look to this association to speak for them, which may mean taking positions that differ with branch management, the legislature, and the public – otherwise, what would be the purpose of CJA? When this rogue letter states that the goal of CJA is to be part of a “unified third branch that can speak with one voice” we have eschewed the purpose for which our statewide members pay dues.
Judge Kevin Brazile
Judge James Dabney
Judge Mary Thornton House
Judge Charles “Tim” McCoy
Judge Joanne O’Donnell
Judge Zaven Sinanian
SF Whistle
May 13, 2011
Everything about Herman’s letter forms a statement about a desperate, pathetic sycophant…Herman presents himself in what should be regarded as much more than an embarassing situation….This man makes it clear that in his eagerness and zeal to be known as a reliable loyalist he is unable to form a proper judgement about much of anything….
Beyond his faux letterhead, the obvious breach of rules in his self-portrayal as speaking for the CJA…the letter itself is clumsy and silly—In a court of law it strikes me that his reporting of “facts” without documentation would be something resembling hearsay? This foolish man will stop at nothing in his headlong efforts to establish himself as the leading suck-up….
Shame on you BOZO Herman—-you’re a real clown—
Mrs. Kramer
May 13, 2011
I can’t even keep up with all this corruption. Fake letterhead of judges’ nonprofit org by ex-State Bar Pres to new Chief Justice, who just appointed him head of a committee to beat a dead horse with tax dollars. AOC working with Redevelopment money to destroy a “blighted” historic property by eminent domain so they can build a new court hourse. Mothers begging for help of protection of judges on assignment for eons taking their children and retaliating.
Did I happen to mention the yellow post it Notice of Entry I got from the San Diego courts after I asked questions why there was no judgment in the record; that McConnell and Huffman must have felt was A Ok, cuz the didn’t mention it in their opinion, while they also rewarded criminal perjury by an author of policy for the US Chamber of Commerce . Did I happen to mention this aiding with strategic litigation by criminal means has aided insurer fraud to continue in our workers comp system in the millions, if not billions?
Did I tell ya that I evidenced the new Chief Justice and the CJP of this, too?
Court Broom
May 13, 2011
SF Whistle , that reminds me of a song lyric, ? “Send in the Clowns, don’t bother they’ re here.” That’s sure rings true in sunny CA. Can we get a copy of Peggy singing that to the CJ.
It is so sad that the CJ really thinks she has control and is the all knowing ringmaster of this RG & WV Circus. Bring on the magic act into the center ringwhere WV pulls an unlicensed contractor out of his _ _ _, and then signs them up for another multiple year contract of gouging the Maintenance budget of the Courts with $500,00 light bulb replacements and $1000.00 for lowering a flag,
Then they put the CCMS software program in a magic trunk and the CA State Auditor and Judges that do not want or trust it to work and IT realists that compare it to trying to suck a bowling ball through a garden house can stab it with the swords of it doesn’t work, the costs are out of control, and the infrastructure isn’t in in place.
Only to have Chairman Bruiniers wave his magic wand over it and claim it’s perfectly fine, but please do not expect me to take it out of the trunk and show you how it works so easily in all 58 courts and how much monies it will save.
Just trust me and believe and while you’re at it would you like a drink of Kool-aid ?
Does Always Amazed recall about the illegal use of CC Court letter head by a certain CEO ?
AlwaysAmazed
May 14, 2011
I do not recall. Sounds interesting, and even though I’m AlwaysAmazed, I’m sure it won’t surprise me…
JusticeCalifornia
May 13, 2011
Who knew that this letter was being prepared and sent out on fake letterhead? The CJ? Her handpicked CCMS committee that Herman chairs? All District 8 CJA members? Or did Herman just “go rogue” all by himself? Inquiring minds want to know. . . .I do suspect this is an embarrassment to many.
Meanwhile, the CJ’s continuing questionable choices of top committee appointees/advisors regarding the $3 billion CCMS debacle drags the branch deeper into the ethical and financial quicksand.
Damn, I couldn’t write a script better than this if I tried. I mean seriously, fake letterhead by the chair of the new CJ’s new CCMS oversight committee?
Don’t we all feel so reassured about top leadership right now?
wendy darling
May 13, 2011
If it weren’t all true, and therefore so repulsive and tragic, it would make excellent source material for a fictional soap opera or a PBS lampoon series. Sadly, however, it is all so very, very true. And in our next episode of Beneath the Bench . . .
Long live the ACJ.
Mrs. Kramer
May 13, 2011
I have a degree in marketing and have been tracking various antics of the Ca judicial heirachy for quite some time. That letter was not written TO the Cj. It was written FOR the purpose that it could be shared with the media in an attempt to sway public and legislator opinion that there is a legitimate debate over the money frivilously spent by the AOC. Its a ploy staight out of the Big Tobacco marketing playbook. Read “Dount is our Product” by David Michaels, Director of OSHA. They don’t have to prove they are right to muddle the matter. They only have to make it look like it is a legitimate debate to keep the game and the funding going.
antonatrail
May 14, 2011
Soap opera addicts, if you’re suffering from the loss of the venerable soaps that recently went off the air, dry your eyes. The third branch antics will take up the reins and provide continuing and lasting entertainment!
JusticeCalifornia
May 13, 2011
Excellent find on the CJA rules, Mrs. Kramer.
Mrs. Kramer
May 13, 2011
You all can discuss politics, wasted money and volleying for power in our judicial system in a gentele or jovial manner. But I have a different perspective. For six years, I have been made to watch in horror as lives are destroyed and sometimes even lost, DIRECTLY BECAUSE of corruption and politics in California’s judicial system at it’s highest levels.
Its like waking up every morning knowing you are going to have to watch someone get raped as they ask for your help and you can do nothing about it, because the powerful CA courts are trying to shut you up of what they have done and are continuing do.
Below is an article of the latest victims of our judicial system practicing politics in furtherance of a workers comp cost shifting scheme onto tax payers; while forgetting they are there to practive law and protect the public.
http://www.northcoastjournal.com/news/2011/05/12/mold-grievance/3/
On befalf of the workers and tax payers of California, I hereby state that Justice Judith McConnell, Chair of the California Commission on Judicial Performance; and Justice Richard Huffman, Chair of the Executive Committee of the Judicial Council are corrupt. I hereby state that our government agencies that are to police integrity and law in our judical system are deliberately indifferent to stop the corruption of the influential and well connected participants in a judicial hierachy that is out of control.
Mrs. Sharon Noonan Kramer
760-746-8026
snk1955@aol.com
JusticeCalifornia
May 13, 2011
Mrs. Kramer, you say:
“You all can discuss politics, wasted money and volleying for power in our judicial system in a gentele or jovial manner. But I have a different perspective. For six years, I have been made to watch in horror as lives are destroyed and sometimes even lost, DIRECTLY BECAUSE of corruption and politics in California’s judicial system at it’s highest levels. ”
At only six years, you are new to the CA third branch corruption game.
So many have come before you, but welcome. Your investigative, and posting skills, do help.
JusticeCalifornia
May 13, 2011
For an assessment of transparency/opacity see:
http://www.courts.ca.gov/xbcr/cc/MA08-09.PDF
ummmmm……. how do the links take you to where you want to go? (answer: total obfuscation)
And so how much is the public paying for this orchestrated opacity?
Is this how CCMS is going to work???
LAUGH OUT LOUD.
antonatrail
May 14, 2011
JusticeCalifornia, it appears your comment is number 1984. You should receive some sort of fitting award from JCW.
Judicial Council Watcher
May 14, 2011
Your 1984th post (which is really only 1814 when deleted spam is factored in) wins you a trip to the GIPPC (Goebbels Institute of Public & Political Communications) where you too will learn what it takes from master instructors like James Herman to bury your head in the sand while winning friends and influencing people.
In this accelerated two week course held in beautiful Vienna, Austria you will learn these other valuable life-altering techniques
How to manipulate the media to cover you in a favorable light
How it is easier to pull off a gargantuan lie than it is to pull off a small lie
How to convince everyone that experts in the field are nothing more than trouble causing intellectuals that don’t know what they’re talking about
How to suck up to the boss and avoid a trip to the eastern front
How to lie thru statistical analysis
And much, much more.
All of this quality training is yours for being the 1,984th poster here on JCW but hurry to the airport because class starts in 8 hours and airfare and hotel is not included.
Michael Paul
May 14, 2011
While the new website looks better and has a cleaner user interface than the old website, it would have been easy enough to set up forwarders to take you to the right documents on the new site. I agree that this has created an issue with transparency and opacity, rendering most previous links to courtinfo useless.
JusticeCalifornia
May 14, 2011
Obviously, I missed the flight. . . .but thanks anyway JCW! And I think I already got the message:
From Sparknotes on 1984:
http://www.sparknotes.com/lit/1984/themes.html
Control of Information and History
” By controlling the present, the Party is able to manipulate the past. And in controlling the past, the Party can justify all of its actions in the present”.
Obfuscation is the name of top leadership’s game.
SF Whistle
May 13, 2011
It is clear today—Friday the 13th—2011 —that BOZO Herman is a fool and that he is unfit and has no qualifications for any committee or board reviewing anything –This foolish man should run and hide in total shame —-
SF Whistle
May 13, 2011
Upon further reflection I can’t help but question where one should report the conduct of BOZO Herman?—–Do you suppose the CJP would have any interest in this ?
As a teenager I had friends that had phoney identication to drink that were arrested— I doubt they would have ever dreamed of a past Bar Association President creating phoney letterhead and attempting to pass himself off as Chief Suck-up to the CJ—
Herman should immediately resign—-
Mrs. Kramer
May 13, 2011
The Bureau of State Auditors needs to do a thorough investigation of our Judicial Branch, from top to bottom. It is dirty. Hello??? Michael Paul points out that those who oversee the law of the land are using UNLICENSED CONTRACTORS and paying them a gazillion dollars..and he gets fired for exposing this? Hello???? That in itself establishes it is a no brainer that those who oversee the law of the land, think themselves and their cronies to be above the law.
wendy darling
May 13, 2011
Well, Michael Paul tried that route . . . he filed a whistleblower complaint. It was rejected. We all know the rest of the story. Unfortunately, not an isolated occurrence. The list of those who filed complaints, both internal and external, regarding judicial branch and AOC misconduct, including complaints about those very unlicensed contractors, is rather long at this point. All of those complaints have gone, well, nowhere. The employees, however, have magically disappeared.
To date there has been only one outside, independent, non-AOC controlled, “investigation” regarding judicial branch and AOC administration, or lack thereof, and that was the audit of CCMS by Elaine Howle and the BSA. Keep in mind that Chief Justice Ron George took the unprecedented action of personally lobbying against the audit of CCMS. Shortly after the JLAC authorized that audit, Ron George decided not to stand for retention as Chief Justice, and then conveniently left public office before the audit results were released.
As many have already said, what the BSA audit regarding CCMS exposed is just the tip of the proverbial iceberg. While many might wonder what a more comprehensive audit of the AOC might expose, anyone familiar with the actual reality of AOC practices, such as AOC line staff employees and trial court personnel, don’t have to wonder much at all. At the very least, the math just wouldn’t add up. And then there’s all that unethical conduct and other bad behavior.
So, yes, the Bureau of State Audits, does need to do a thorough investigation of the judicial branch, and especially the AOC. So does the Attorney General’s office, or the Department of Justice, or, well, anyone with the authority to do such an investigation. Let us know when that when happens. Don’t hold your breath waiting, because you’re likely to die of asphyxiation.
Meanwhile, if you’re still an AOC employee, the AOC’s new Strategic Evaluation Committee might want to interview you to find out what, if anything, you just might have to say to an investigator should one just happen to ever show up.
Long live the ACJ.
Mrs. Kramer
May 14, 2011
“Don’t hold your breath waiting, because you’re likely to die of asphyxiation.”
Want to lay odds? I am well known as a ball breaker.
Judicial Council Watcher
May 14, 2011
JCW is getting word that the telephonic meeting of the CJA board that was requested for last Friday at 3:30 has been scheduled for Monday at noon.
The board has numerous options available to them from doing nothing, to a slap on the hand, to some other form of censure up to and including expulsion by a vote of 2/3rds of all board members. I think the question that most JCW readers have is this:
Are the judges of this state going to be equally as blind to the issues affecting the judicial branch as Mr. Herman has exhibited himself to be?
….or are they going to make a statement about how inappropriate it is for a judge to forge letterhead, disgracing every position he holds in the Judicial branch?
What positions does he hold? I wonder if the voters of his county know what he really does as opposed to sitting on the bench.
Here is what Mr. Herman really does with all his time.
Does he even have time to hear cases?
Mr. Herman is a member of the Judicial Council and serves on the CCMS Governance Committee formed in December. Two weeks ago he was named Chair of the newly-created Judicial Council Internal mother of all CCMS Committees charged with overseeing all other CCMS Committees, including the one on which he already serves to achieve that perfect blend of objectivity, checks and balances. Mr. Herman is also a member of the Policy Liaison and Coordination Committee, another internal council committee charged with taking positions on legislation. That committee recently came out in opposition to AB1208. In addition he sits on the CJA’s executive board.
Mrs. Kramer
May 14, 2011
JCW, well stated. The tireless efforts of many judges who have been working to curtail mismanagement of the courts benefits all of us. But I see the judges’ handling of one of their own caught sending a “faux letter” as a pivotal point. Us nonjudges get to see if the judges are concerned only of their bill of rights, or if they are working for the rights of all of us.
http://www.courts.ca.gov/xbcr/cc/ca_code_judicial_ethics.pdf
California Code of Judicial Ethics:
CANON 2 A JUDGE SHALL AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL OF THE JUDGE’S ACTIVITIES
A. Promoting Public Confidence, A judge shall respect and comply with the law* and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.
Canon3B(2) A judge shall be faithful to the law* regardless of partisan interests, public clamor, or fear of criticism, and shall maintain professional competence in the law.*
Canon 3C(1) A judge shall diligently discharge the judge’s administrative responsibilities impartially, on the basis of merit, without bias or prejudice, free of conflict of interest, and in a manner that promotes public confidence in the integrity of the judiciary. A judge shall maintain professional competence in judicial administration, and shall cooperate with other judges and court officials in the administration of court business.
Canon 3D(1) Whenever a judge has reliable information that another judge has violated any provision of the Code of Judicial Ethics, the judge shall take or initiate appropriate corrective action, which may include reporting the violation to the appropriate authority.*
tony maino
May 14, 2011
The call to Speak With One Voice ( SWOV) has been the mantra from our judicial leaders for many years.
In order to SWOV it means, by necessity, the supressing of dissident voices. It means those who no not agree with “The Voice” should shut up. SWOV is a fraud because it pretends there is only “One Voice” when everyone knows that there are numerous voices.
I agree that internal disagreements within the judicial branch can undermine confidence in the branch when these internal disagreements become public. Pretending, however, to SWOV when there when there is a legitimate diversity of opinion within the judicial branch also undermines public confidence. Simply put, the public knows we are not telling them the truth.
I believe that the public, the Legislature, and the Governor can handle the truth. They can handle the truth that different opinions as to budget priorities and how this branch is to be governed illustrate that the choices we face as citizens of California are difficult, uncertain and imperfect. Asking the judges of this state to SWOV when there is legitimate dissent treats the public, the Legislature, and the Governor as if they were unsophisticated schoolchildren.
SWOV fools nobody but the fools.
Mrs. Kramer
May 14, 2011
“SWOV fools nobody but the fools.” Especially true when the one voice spoke via forged letterhead.
wendy darling
May 14, 2011
Judge Maino’s point is on point, concise, and well made. “Shut up and obey” is inconsistent with what the judicial branch should represent and practice.
And yes, Judge Maino, the public, the Legislature, and the Governor can handle the truth, even as repugnant, deplorable and disgraceful as it is. It is the Office of the Chief Justice, the Judicial Council, and the AOC, who can’t handle the truth, as the overwhelming evidence has demonstrated, and continues to demonstrate.
Long live the ACJ.
SF Whistle
May 14, 2011
Wendy–
It is not a matter of the CJ / JC / AOC not be able to handle-the-truth…
They are certain they are the only source of “the truth”—what the CJ declares is “the whole truth, the only truth…” Their version of what they disseminate as “truth” does not reflect reality…
Reality is all about corruption, judicial retaliation, —gross mismanagement, incompetence–foolishness (such as Bozo Herman–Kim Turner)–cronyism–politics….ineptitude
Let’s get it clear—this is NOT a situation about not-being-able-to-handle-the-truth…
The CJ is quite certain that rather than “the buck stops here”…. that the Truth starts, and finishes in her office…
This is all about arrogance—and stupidity as evidenced by the actions of Herman—
Do any of us really believe that the CJ was unaware that the ridiculous letter from Herman (the voice of the CJA) was inbound?—-come on—they have staff at the AOC writing this stuff—
They are—to their shame—not as good as they think–and sometimes their arrogance allows the curtain to fall–
Mrs. Kramer
May 15, 2011
SWOV (To Media) + Forged Letterhead = Forked Tongue
Wendy Darling you write, “Shut up and obey” is inconsistent with what the judicial branch should represent and practice. ”
Exactly right. If those who work within the judicial branch are alienated from their right to diverse free speech; then how can we even hope that they can protect the public’s inalienable right to the same? SWOV in a judicial system is a threat to democracy itself.
SF Whistle
May 14, 2011
The CJA fax # is 415-263-4605
I’d like to suggest faxing in a message for the CJA Board–prior to their 3:30 conference call–
The CJA Board needs to understand that retaining / defending Herman will paint them with his brush….They need to get rid of him….the JC….AOC committee etc…
How do we explain all the “problem children” within the JC / AOC inner-circle?—An idiot like Herman, a thug like Verna Adams–Kim Turner—-on and on….
SF Whistle
May 14, 2011
PS—-If you elect to fax in a message to the CJA it is not required that you forge letterhead..!!!!
Michael Paul
May 15, 2011
Judge Herman is right about a few things. Had budget cuts not been enacted, had the state not been in such dire straits financially, there’s a really good chance that nobody would have flinched or questioned paying 3 billion dollars for a software program or $2000+ for lighting retrofits.
The reason I started pressing these matters very hard with the AOC and walking my complaint up the chain of command all the way up to Bill Vickrey, Ron Overholt and Ron George for results was that court workers were being laid off by the hundreds and there was all of this available money being wasted and misspent on overpriced, unlicensed contractors. It was low hanging fruit.
I started making my initial inquiries way back in December of 2006. These matters were kept internal to the branch and were quietly being made for 2.5 years before a sham lawsuit and a series of whopping lies from AOC management made me take these matters public.
Question for Judge Herman: Specifically what have you done as a leader to address my concerns?
Answer: Flat Zero. If he ignores the problem long enough, it will go away and really doesn’t exist.
Using my 2.5 years before going public as a benchmark, it’s only fair to ask the current leadership of the branch how many years do they think it might take to address these serious issues of branch governance? People have been talking about talking about it and suggesting it needs to be internally resolved, yet the leadership only talks about talking and resolving internally.
The fact of the matter is there is ZERO EFFORT being made by judicial branch leadership to address anyones’ concerns about anything. Only a bunch of moving wind about how things should be resolved internally yet no effort is being made to even talk about it from leadership. On the other side of the fence, I see all sorts of efforts being made to open a dialogue and on the other side of the fence there is flat zero. Mr. Herman only talks about the challenges we need to work together on. He doesn’t want to actually work with anyone. He wants to preserve the status quo because he is looking for a return on his donco investment.
Michael Paul
May 15, 2011
Correction: I kept these matters internal for 3 years before going public. After 2.5 years I mistakenly took the matter to be better coordinated by the fraud, waste and abuse coordinator.
Mrs. Kramer
May 15, 2011
Michael, so what year did you start speaking internally of a problem within the judicial branch? I started in July of 2005, not realizing that the judicial branch WAS the problem. I thought they were just being duped by a scientific fraud mass marketed into health policy for the purpose of influencing judicial rulings and opinions.
JusticeCalifornia
May 15, 2011
Good morning Michael, what do you mean by this:
“He wants to preserve the status quo because he is looking for a return on his donco investment.”
Michael Paul
May 15, 2011
The infomercial that is part of the post discusses the “donco investment”.
Mrs. Kramer: Dec 06 – about 4.5 years ago
Mrs. Kramer
May 15, 2011
“Dec 06” Very interesting.
JusticeCalifornia
May 15, 2011
silly me. I actually looked up donco investments on the internet and there are such companies.
Judicial Council Watcher
May 15, 2011
The “DonCo Investment Group”
Look for this as a new addition to digital purgatory in the new fiscal year. We’ll give people that long to get serious about the issues.
Judicial Council Watcher
May 15, 2011
We will have to further distinguish it as the JC DonCo Investment Group given we don’t want any issues with unrelated innocents.
wendy darling
May 15, 2011
Updated today, May 15, 2011, on Courthouse News Service by Maria Dinzeo:
Two Trial Courts Warn Bureaucrats of ‘Extreme Risk’, ‘Threat to Branch’
By MARIA DINZEO. http://www.courthousenews.com
Long live the ACJ.
Mrs. Kramer
May 15, 2011
Will be interesting to see how the CJA handles this violation of their by-laws by one of their Executive Committee members/Judicial Council member/Head of CCMS review committee/ex-Pres of State Bar, in a letter he sent to the Chief Justice of the State of California on fake CJA letterhead over a matter impacting the judicial branch’s usage of Ca tax dollars.
Over the ramparts we watch what is not so galently streaming. Let’s hope tomorrow is galent.
JusticeCalifornia
May 15, 2011
I post the below, to note that branch favorites (including but not limited to the new CJ, and Scotland, Child, Steinberg and Feuer) who continue to align themselves with the patently ethically malignant are going to have some explaining to do.
Interesting article on Ralph Shapiro and his gifts to top leadership, referenced above. I believe he is the same individual who gave former Chief Justice George a hefty “loan” (I think it was about $200,000—I wrote about this on AOC watcher) — during the final days of George’s 11/1998 retention election. Did RG ever pay that loan back, I wonder?
Isn’t Shapiro’s gift fund the same one that wasn’t properly reported by the branch for years?
The April 2011 fact sheet regarding the Shapiro gifts to the AOC is interesting. It says the Shapiro gifts are just fine. The party line is the gifts don’t buy influence. But are the funds arguably used to promote and reward party line lobbying efforts, via plaques, awards, and really fine video tributes (I mean seriously, free top-notch infomercials available 24/7 on the California Courts website) the branch could not otherwise justify? You decide.
http://www.courts.ca.gov/xbcr/cc/ajf.pdf
“Recognition and Acknowledgment of Judicial Branch Leaders and Employees: As the policymaking body for the California court system, the Judicial Council recognizes individuals, courts, and justice system partners for outstanding dedication and service to the judicial branch and the people of California. The council does so through programs such as its annual Distinguished Service Awards and Kleps Awards, for which plaques are presented, and through the presentation of resolutions and certificates.
Specific Fund Use: The Judicial Council necessarily has limited discretion for the use of public monies for these types of expenditures. The fund allows the council and the AOC to formally recognize individuals for service to the branch and the people of California and to reinforce their connection and importance to the court family.”
Let’s look at the 2010 Distinguished Service Awards:
http://www.courts.ca.gov/4675.htm
Distinguished Service Awards
“Criteria
Honorees are recognized for:
Contributions to leadership in statewide court administration, including the breadth and impact of their work and the longevity of these efforts
Advancement of Judicial Council goals: access, fairness, and diversity; independence and accountability; modernization of management and administration; quality of justice and service to the public; education for branchwide professional excellence; and branchwide infrastructure for service excellence
Personal dedication and/or a willingness to take risks to achieve goals
Overcoming challenges or limitations
Current Judicial Council members are not eligible to receive Distinguished Service Awards. A maximum of two awards per category may be given each year.
2010 Recipients
Ronald M. George Award for Judicial Excellence
Administrative Presiding Justice Arthur G. Scotland, of the Court of Appeal, Third Appellate District (Sacramento), for his contributions to the statewide administration of justice, his leadership as Administrative Presiding Justice of the Third Appellate District, and his humanitarian work in Sacramento.
Judicial Administration Award
Curtis L. Child, director of the AOC Office of Governmental Affairs, for his distinguished service as the chief legislative advocate for the judicial branch and for working to strengthen collaboration between the judicial and legislative branches of government.
Bernard E. Witkin Amicus Curiae Award
Senator Darrell S. Steinberg, President pro Tempore of the California Senate, for his outstanding legislative service to Californians and for working effectively to resolve the State Budget last year to minimize the impact on the judicial branch and court users.
Stanley Mosk Defender of Justice Award
Assembly Member Mike Feuer (D-Los Angeles) for his work to strengthen the independence of the California court system. ”
What is the value of a Distinguished Service award?
http://lacityhallinsider.blogspot.com/2011/01/mike-feuer-in-news.html
They say Darrell has his eye on a judgeship, and this has been promised. Let’s see. His award would certainly move him along. But how about his terrifically failed and controversial advice to top members of the judicial branch in November 2006, that they should “build as big a wall as possible, and play defense” regarding court critics and challengers? That doesn’t fit with his much-publicized reach-across-the-aisle public persona.
Arthur Scotland? I do believe he is viewed as our new CJ’s manager/“handler”. Wise to get him into the fold at the same time his pretty, and pretty amazingly inexperienced, subordinate was fingered by RG to replace him. http://en.wikipedia.org/wiki/Handler
Curtis Childs. . .
http://www.mcgeorge.edu/x7520.xml?print
3 out of 4 in 2010. Woo Hoo.
NOTE: And while you are on the website check out when the awards started (1993, just after the RG/Bill V. ascension to power), and the many familiar names of past recipients.
JusticeCalifornia
May 15, 2011
Regarding the Herman debacle:
Number of trial court judges in the counties Herman “represents”:
Monterey (19 judges), San Luis Obispo (12 judges), Santa Barbara (21 judges), Santa Cruz (10 judges) and Ventura (29 judges).
http://www.courts.ca.gov/xbcr/cc/2011DemographicReport.pdf
That is a total of 91 judges, or less than 6%, of the 1,588 total California judges. I do not know how many are CJA members, but let’s just go with the total numbers for a moment, and pretend all 91 trial court judges would vote consistently with the CJA poll results.
83% of the judges are satisfied with JC governance (76 judges)
73% are satisfied with JC oversight of CCMS (66 judges)
We are still talking about less than 5% of all CA trial court judges.
Of course we know the number of trial court judges in Herman’s counties who voted in the CJA poll are almost certainly lower than 91. . . . .but he didn’t reveal those numbers in his letter.
Bottom line, it is patently unrealistic to expect an entire branch of government to “speak with one voice”, when each county serves such different populations, and has such different needs and experiences.
All stakeholders have a right to be heard. To this end, so long as Judge Herman acted legally, ethically, and within the bounds of the Code of Judicial Ethics and CJA requirements, he has the right tell anyone he wants to what he and his district believe.
Creating faux letterhead and using it is another matter entirely.
SF Whistle
May 15, 2011
Where are the signatures of his 91 Judges?—-Isn’t it a reasonable expectation if Herman represents them that he was authorized by them to make these statements?
Herman is probably working on forging signatures over the weekend?—
Herman should no longer be permitted to speak for anyone—He should not be allowed on any committee with responsibilities beyond hall monitor at a middle school…(hopefully a school without a copy machine so that he is not tempted to generate phoney hall passes and sell them in the bathroom)
Judicial Council Watcher
May 16, 2011
The CJA had about 35% of their eligible membership return survey results. If 35% of district 8 had returned survey results here are the numbers:
32 judges would have submitted survey results out of 91
26 judges are satisfied with JC governance
23 judges are satisfied with JC oversight of CCMS
Not even 1% of the CJA judges would be represented by District 8 votes which makes Herman’s claims way out of line.
We’re very interested in how forgery, fraud by misrepresentation and violation of the CJA bylaws will be handled by the CJA board. If you want an opportunity to clean things up, Mr. Herman’s bad timing is as good a place to start as any other.
And if the censure doesn’t pass the smell test (nothing short of expulsion will) then I predict the fastest growing judges association will start growing even faster.
JusticeCalifornia
May 15, 2011
If you google Herman he has a nice child protection reputation.
Yet, he showed a severe lack of judgment with this obsequious fake letterhead debacle.
Further, he is a casualty of the “birds of a feather”, “water finds its level” syndrome– he sits with the Judicial Council’s most horrifically ethically challenged, child-endangering, Kim Turner as one of the CJ’s new best buds.
Marin’s Kim Turner is a documented branch baddie, and is effectively taking down all those who continue to associate with her — no matter how great their prior credentials were.
Herman must know Turner’s wealthy Marin court’s IT status is archaic by choice– yet he hasn’t said a word about the fact she is on the CCMS oversight committee with him.
Herman must know how serious it is was for Turner to purposefully destroy child custody evidence while active cases are ongoing, and a state audit was pending– yet he– an alleged protector of children– hasn’t said a word about it .
Others in the branch should watch and learn.
wendy darling
May 15, 2011
There are none so deaf as those who will not listen, none so blind as those who will not see.
Long live the ACJ.
SF Whistle
May 15, 2011
It goes something like this—
Herman’s “lack of judgment” clearly establishes the fact that he is unfit to serve on any “oversight”. “management”…advisory committee…..He is not capable of managing his own impulses or conduct…
Kim Turner being a part of any committee destroys any shread of credibility—she is the poster-child of judicial misconduct, retaliation and BAD judgment. The fact that she maintains a position of responsibility on any level (such as the JC) makes it clear that the CJ needs to surround herself with troubled appointments because they will follow with lock-step loyalty. Turner is so damn pleased to have a job that does not involve flipping burgers that she falls all over herself to carry out any act required—-such as destroying records—-she has been a loyalist lackie for years—-she still has yet to meet an act of misconduct that she can not compliment —-
Mrs. Kramer
May 16, 2011
Justice California, that was an interesting read of what the author states is occurring in Riverside. There are a couple of web sites from San Diego county that tell somewhat similar stories from different perspectives that all seem to tie together. Couple from LA, too.
Seems to me that the way to stop cronyism is to aid the new CJ to remove the decayed underpinnings from the foundation of the house that George built with tax dollars.
Seems focus on the AOC’s directly evidenced antics and the apparent lack of ability of the JC to properly govern is in order. This, along with the CJP’s inability to properly admonish for serious ethics violations by JC members and others. Don’t forget that the the CJP is state run agency subject to oversight by the BSA.
“The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.
The Commission’s mandate is to protect the public, enforce rigorous standards of judicial conduct and maintain public confidence in the integrity and independence of the judicial system.”
Mrs. Kramer
May 19, 2011
Justice California,
More on Riverside/San Bernardino Fourth District corruption. You are right. Truth will out.
5.11.11 Crony Burum and County Supervisors Indicted in California Bribery Probe
(you may read the actual indictments in this link, relevant gist below)
|http://nlpc.org/stories/2011/05/10/mollohan-crony-burum-indicted-california-bribery-probe
A wealthy California developer..was indicted today in a burgeoning corruption scandal in San Bernardino County. Jeffrey Burum, co-manager of Colonies Partners, was charged in a scheme to bribe county officials to approve a legal settlement favorable to Colonies….Burum was also the Executive Director of the California-based National Housing Development Corporation (NHDC), which received $31 million in earmarks….NHDC’s successor organization, called National Community Renaissance…..Burum was indicted along with Paul Biane, Mark Kirk and Jim Erwin. Biane is a former county supervisor.
Kirk and Erwin are former chiefs of staff to county supervisors. A former chairman of the county Board of Supervisors named Bill Postmus previously pleaded guilty and agreed to cooperate with prosecutors in return for reduced charges……The corruption investigation is being conducted by the county District Attorney Michael Ramos……When Postmus and Erwin were arrested in February 2010, the announcement was considered important enough to be made jointly with then-California Attorney General Jerry Brown, who is now Governor…..The case centers around a $102 million settlement of a lawsuit brought by Colonies against the county…..Colonies would eventually up its claims to $300 million. The case was settled in 2006 after Colonies allegedly bribed, blackmailed and improperly influenced county Supervisors to approve the settlement…….The arrest warrant described similar arrangements for other members of the Board of Supervisors, with the money funneled through groups with names like Committee for Ethics in Government….
Burum has enjoyed bipartisan help from Capitol Hill. Rep. GARY MILLER (R-CA), who represents parts of San Bernardino County, has also steered millions in earmarks to Burum’s nonprofit organizations. Even with the highly publicized allegations against Burum first surfaced, Miller continued to arrange for earmarks in fiscal year 2010.”
***********
From my writing of March 2005 of how it became a fraud in US policy that it was scientifically proven moldy buildings do not harm:
“Dr. Bruce Kelman of GlobalTox,Inc, a Washington based environmental risk management company, testified as an expert witness for the defense, as he does in mold cases throughout the country..He admitted the Manhattan Institute, a national political think-tank, paid GlobalTox $40,000 to write a position paper regarding the potential health risks of toxic mold exposure. Although much medical research finds otherwise, the controversial piece claims that it is not plausible the types of illnesses experienced by the Haynes family and reported by thousands from across the US, could be caused by “toxic mold” exposure in homes, schools or office buildings. In 2003, with the involvement of the US Chamber of Commerce and ex-developer, US Congressman GARY MILLER (R-CA), the GlobalTox paper was disseminated to the real estate, mortgage and building industries’ associations. A version of the Manhattan Institute commissioned piece may also be found as a position statement on the website of a United States medical policy-writing body, the American College of Occupational and Environmental Medicine.”
*************
3 Minute VIDEO http://blip.tv/file/2063366
of Gary Miller’s bud, Bruce Kelman, committing perjury to establish needed reason for malice & trying to force me to endorse the environmental science of the US Chamber & ACOEM (who writes the workers comp guidelines for CA, that also impacts liability for illness from housing).
McConnell, Chair of the CJP, who denied the anti-SLAPP in 2006 while ignoring the evidence that Kelman was strategically litigating by criminal means, has this video. So does the CJP.
Huffman who in a SWOV 2010 opinion, further rewarded the criminal perjury while being evidenced that McConnell had done the same early in the case. He has the transcript and much more ignored evidence of criminal activity before the courts. As a result, the insurer fraud continues in CA workers comp policy and they continue to abuse the courts to (try to) shut me up of what they have done to aid it; by aiding with a malicious litigation carried out by criminal means to the $$$$ benefit of the buds of Gary Miller. ITS BAD.
**************
It would be interesting to know to which CA judicial campaigns Mr. Burum and associates have contributed over the years.
Judicial Council Watcher
May 16, 2011
We’re not attorneys and we wouldn’t expect judges to comment on this observation though we welcome attorneys to comment. Does creating a document utilizing a copycat seal to curry favor meet the litmus tests of section 470 of the penal code?
wendy darling
May 16, 2011
Posted today, Monday, May 16, 2011, from Courthouse News Service, by Maria Dinzeo:
L.A. Judges Fire Back in AB1208 Melee. By MARIA DINZEO. http://www.courthousenews.com
Long live the ACJ.
Mrs. Kramer
May 17, 2011
So what did the CJA Ethics & Exec committees decide to do to undo the public misinfo and to reprimand the “junior judge” from Santa Barbara?
“Judge Denise de Bellefeuille (pronounced de Bell fay)… currently serves on the California Judges Association’s Ethics Committee….She is happily married to Judge James Edward Herman, who will always remain the junior judge in the household, as his appointment to the bench came in 2005.”
http://www.sbcourts.org/general_info/judicial_officers/debellefeuille/
5.16.11 MetNews
CJA Board Member Draws Fire Over Letter to Chief Justice
By SHERRI M. OKAMOTO, Staff Writer
http://www.metnews.com/articles/2011/cja051611.htm
JusticeCalifornia
May 17, 2011
Herman and his wife clearly know better than to support what they are being portrayed as supporting, and know the consequences of playing footsie with court baddies. Perhaps they hoped no one would notice.
Mrs. Kramer
May 17, 2011
“Herman and his wife clearly know better…Perhaps they hoped no one would notice.”
Surely, the Chief Justice has noticed or has been noticed of what her newly appointed chair of the CCMS oversight committee has done while involving her. It seems this situation would make it more difficult for her to put more public monies into the project while permitting Herman to remain in position.
Michael Paul
May 17, 2011
My guess as to what will happen?
The Alliance of California Judges will grow.
That’s all.
Mrs. Kramer
May 17, 2011
I would certainly hope that is not the only thing that will come of this.
When we have these types of shenanigans and mistreatment of judicial employees being representative of the AOC/JC: https://judicialcouncilwatcher.files.wordpress.com/2011/05/negleyreplyredacted.pdf;
and the CJA just sent a well written letter that shows they are aware of the ramifications of this type of behavior by the AOC/JC and won’t be tolerated by the judges;
http://www.courthousenews.com/2011/05/11/CJA%20Survey%20Letter.pdf;
then it would seem the CJA could easily understand and sympathize that turning blind eyes to the same type of behavior by the judges who they represent, would be difficult to be tolerated by the public–who ultimately pay the price for the current problems in the judicial branch from top to bottom.
Mrs. Kramer
May 18, 2011
5.17.11 Contract Lobbyist and Legislative Representative for the Conference of California Bar Associations (CCBA), formerly Chief Legislative Counsel for the State Bar of California, has blogged/publicized a partial tale of what is occurring within the CJA 501(c)6 over the Herman faux CJA letter to the CJ.
http://larrydoyleesq.blogspot.com/2011/05/trial-court-funding-control-battle.html
I sent this gentleman the updated info of the 5.16.11 MetNews article “CJA Board Member Draws Fire Over Letter to Chief Justice” and the 5.13.11 Courthouse News article “L.A. Judges Fire Back in AB1208 Melee”. Perhaps this lobbyist has not yet had an opportunity to update his blog.
I wonder if he has shared the Herman faux CJA letter to the CJ with any legislators who will be making decisions over AB1208? If so, I sure hope he reads comments to his blog soon so that he is not inadvertently sharing partial, misleading information with any legislators about the official position taken on legislation, AB1208, by the 501(c)6, CJA.
What would help tremendously to curtail any potential for public or legislator confusion and/or unduly influenced decision, is if the Exec Comm of the CJA would issue a public statement on the matter.
Judicial Council Watcher
May 18, 2011
Maybe Michael Paul will win the prize as to who comes closest to what will happen…..
http://www.metnews.com/articles/2011/cja051811.htm
Nothing.
Chuck Horan
May 18, 2011
The above article is yet one more piece of evidence (as if I needed any) that my choice to leave CJA years ago was a wise one. It was obvious to me then, as now, that the organization was incapable of decisive or courageous action. This latest sad episode is just one in a long, long line.
wendy darling
May 18, 2011
And long live the ACJ.
Mrs. Kramer
May 18, 2011
From the 5.18.11 article by the anonymous MetNews writer:
“California Judges Association President Keith D. Davis said yesterday the organization has addressed concerns raised by several Los Angeles judges…. Davis noted that Herman..and both said they ‘consider the matter closed.’…Following a discussion with the Santa Barbara Superior Court jurist and other board members Davis said he was ‘assured that no further correspondence with such a CJA graphic will be used by Judge Herman in the future.”
Did anyone from CJA have a discussion with the LA judges who raised the concerns as to what was agreed to be satisfactory to close the matter? It doesn’t say in the article.
Mrs. Kramer
May 18, 2011
Did they happen to say if they have any intention of changing their motto from “The Voice of the Judiciary” to “The Voice of the Judicial Council”?
Those SWOVstatements in the article look like a membership drive for ACJ to me.
wendy darling
May 18, 2011
The CJA should just admit the reality, change their official letterhead to say “The Official Voice of the Judicial Branch of California, William Vickrey, and the Administrative Office of the Courts” with a logo of dancing puppets, and drop the pretense.
Long live the ACJ.
JusticeCalifornia
May 18, 2011
I have a bit of a different opinion.
I don’t know what goes on within the CJA, but I do know a lot of members spoke out in the survey, and they were not speaking top leadership’s language.
The Herman letter was controversial in its use of faux letterhead containing a message pretty clearly designed to undermine the credibility of the CJA survey. If he had used personal letterhead his comments wouldn’t have generated a blip on the screen. They would have been expected from Ventura.
As stated on another thread, the use of the faux letterhead is what discredited Herman, and made the letter of interest. . . .and is what invites closer scrutiny of Ventura, CCMS, and those with longtime connections to that area. Like Sheila Calabro.
http://html.documation.com/cds/SBC10/PDFs/121.pdf
Mrs. Kramer
May 18, 2011
Speaking of the State Bar and their role in aiding the rampant cronyism that is choking our legal system:
May 11, Report and Recommendations of the State Bar of California Governance in the Public Interest Task Force
http://www.calbar.ca.gov/LinkClick.aspx?fileticket=k81KfmYXBjA%3D&tabid=2973
Mrs. Kramer
May 18, 2011
There are several pages of proposed code changes in the State Bar Task Force Report. I have not read it in great detail, but here is the gist I got from it (pg 37). The Bar can’t do anything without the Supreme Court’s approval, which if the courts are compromised at its highest levels, the Bar can do nothing about attorneys who aid it.
b. The Board of Governors has an Important Policy-Making Role as an Adjunct to the Supreme Court, but it Does Not Have a Direct Role in Either the Admission or Discipline of Individual Attorneys and the Supreme Court Retains Plenary Authority Over Everything It Does
The Board has a crucially important role in policy-making, oversees the administration of rules that have been established and approved by the Supreme Court — such as the rules of professional responsibility, and the rules governing admission to practice — and as a practical matter has the final decision-making role on most matters that come before it.
But in truth, its powers and its function are more limited than are popularly understood. The State Bar has no authority to grant licenses or impose discipline, and it has “[n]o delegated power to adopt rules of ethics or other enactments regulating the profession or practice of law.” Although the Bar does have a key advisory role to the Supreme Court, it does not have the “law-making” authority or function of a regulatory agency.
JusticeCalifornia
May 19, 2011
Mrs. Kramer, above you refer to this new story and say the truth will out.
http://realestateinvestmentcalifornia.com/mollohan-crony-burum-indicted-in-california-bribery-probe/
Let’s see. DA Mike Ramos is investigating. Based on articles I recently read, that makes me feel about as confident as Verna Adams and Kim Turner investigating the AOC and CCMS.
Check out these stories about Mr. Ramos:
http://inlandpolitics.com/blog/2010/01/25/inlandpolitics-commentary-mike-ramos-and-sexual-addiction/
http://bobconawayfordistrictattorney.blogspot.com/
http://iepolitics.com/2010/07/16/the-sentinel-sheriff%E2%80%99s-department-gathered-photographs-of-da-mike-ramos-cavorting-with-prostitutes/
(Repeat Query: is our new CJP member, Adam Torres, the same Adam Torres named in the above 7/16/10 Ramos article. . . . )
BTW, I am hearing about a number of complaints about forced/rigged/biased “settlements” and arbitrations including but not limited to those involving real estate developers.
The wheels on the bus go round and round, round and round, round and round; the wheels on the bus go round and round, all through the town.
Mrs. Kramer
May 20, 2011
Good Morning Justice California,
Yes. Does appear to be some over active libidos in that part of the state. It also looks like some nasty smear and counter smear going on. I read your original writing you posted. It mentioned Torres, but I didn’t see that they had said he did anything wrong, nor did I see any reference material for the statements made. I never believe what I read on the Internet unless it is backed up by documentation. Could be he is closely tied to this circus, but maybe not. I don’t know what to think about Ramos. I don’t know enough about the situation to actually comment.
Speaking of documentation, OMG!, read the indictment papers of Burum and the county supervisors. http://nlpc.org/sites/default/files/Burum%20Indictment%2020110510_124127_Colonies.pdf
This guy has got to have made some enemies along the way from California to DC. Mollohan, who appropriated $31M in earmarking to Burum’s housing org, was the Dem’s chair of the US Congressional Appropriations Committee. They oversee the funding for the US DOJ & the FBI.
I am hoping it is a Randy Duke Cunningham situation. I think we have some left overs of that whole debacle that still need to be cleaned out of politics in this area of the state/country. Seems when these things occur, someone is always six degrees to Gary Miller.
Kind of off subject but related. Was watching C-Span’s meeting of state Atty Gens a couple months back. Mississippi Atty Gen spoke. He said they were having problems with the sale of counterfit Viagra in MS. But said they were having trouble prosecuting the cases because no one would come forward to testify that they were a victim. 🙂