Dirty Cops – By:The Reformer
I used to think that the AOC was like a specialized police force, charged with ensuring that all California courts comply with the law. In April of 2010, I called the AOC to report a number of crimes I had witnessed in the family law department of our superior court. I locked myself in a closet-like victim witness waiting room and dialed the AOC’s number from my cell phone. I couldn’t risk having the call tracked. I made the following report to George Ferrick of the AOC in a hurried, hushed tone:
“George? Hi, I don’t know if you remember me, but I met you at a training inSacramento last month. I talked to you during the break about a colleague who felt she was being asked to do her job in unethical ways. You probably knew I was talking about myself. You told me I could consider calling the AOC for help. I’m calling because I don’t know what else to do. Are you able to keep this call confidential? You are? Thank you. I’ll try to summarize my situation quickly.
I’ve been working as a mediator in family court since 2006. Our county is a recommending county. Our former family court services director retired about six months ago. The new director and the family law judge have been making some significant changes to our department’s protocol since that time. I don’t think we’re operating in accordance with Family Code Sections 5.210 or 5.215. I’ve been ordered to review legal files, meet with parents, and prepare recommendations for the court within one hour. I’ve been blocked from reviewing parents’ criminal background information or making collateral contacts before I have to make potentially life-altering recommendations. Domestic violence victims are being pressured into conjoint mediation with their perpetrators. The judge and the director are coercing parents into making agreements by threatening them: parents are told that their kids may commit suicide or end up in CPS if they don’t reach an agreement.
Yes, of course I’ve talked to my director about my concerns. She told me that she doesn’t have to justify herself to me, and I need to drop it. I’ve asked other people for help, too: the family court judge, the human resources director, and the CEO. No one has acknowledged any of my concerns. I’ve been told that I’ll be fired if I don’t keep quiet and follow the chain of command. I wish I could just follow orders and have things smooth out, but I think I’m being ordered to break the law.
Is there anything you can do to help me, George?”
George has the sweet voice of a Christmas elf. He sounded genuinely concerned about my plight, and he promised to run my situation by his colleagues and get back to me. The next day, I got a voice message back from George. He told me he was sorry, but the AOC could only provide “education, not enforcement” of the court’s compliance with the law. If I was a family law litigant, George explained, they might be able to intervene, but the AOC doesn’t get involved in intra-departmental disputes.
I had no option but to file a grievance against the court. The human resources director and the CEO denied there being any basis for my complaint. The final step of the grievance proceedings was arbitration before an impartial hearing officer in September of 2010. The same AOC that told me they didn’t get involved in intra-departmental disputes provided the court with legal counsel to defend itself against me. The retaliation against me by my superiors continued to intensify: I was denied my annual raise and placed on a “Performance Improvement Plan.” I was fired in December of 2010, before the grievance procedures had even been completed. The arbitrator who heard my grievance case issued his decision in early February of 2011. The award indicated that I had raised significant concerns about the courts’ practices in good faith, and that my efforts had been met with retaliation. The arbitrator ordered an audit of the Nevada County Family Court System, to assess its level of compliance with the law.
The AOC interceded on the court’s behalf again, by hiring a private legal firm out of San Francisco to help the court dodge the audit that had been ordered. The AOC also selected which judge would hear the case. In April of 2011, a judge ruled that the arbitrator had overstepped his jurisdiction by ordering an audit of family court. The award for the audit was overturned. Apparently, no arbitrator has the ability to rein in the judicial system when it runs amok. I don’t know who does. The AOC refused to hold my department accountable for violating the law, even after an independent arbitrator validated my contentions. The AOC provided legal assistance to enable my department to continue violating the law.
JusticeCalifornia
June 23, 2011
Reformer, thank you for speaking up and speaking out about what is going down with respect to Family Court Services mediation— and how those who complain about it are treated. The welfare of children is at stake, and the AOC does NOT care. And of course, that is why it has advised trial courts to engage in the destruction of child custody evidence . . . .
You are an amazing and brave whistleblower. . . .
How right you are about the AOC being run by dirty cops.
You said: “The AOC also selected which judge would hear the case.”
As far as I can tell, the AOC cops and robbers also like to play judge, jury and executioner, never mind the CA Constitution.
Significant information about the CJ/AOC’s “temporary” assigned judges program was provided today for JCW’s use. The information came from Brad Campbell and OGC attorney Ann Springgate during telephone conversations that took place in the last two days.
Documenting and reporting is so important. . . .
Judicial Council Watcher
June 23, 2011
Not that I believe that anyone in OGC has any appreciation for us over here at JCW but I can assure you, they’re about to like us a whole lot less.
Thank You “Reformer” for your insightful article. I’m sure that, combined with our “blow the whistle” page, Jon Wintermeyer’s experiences, Paula Negley’s experiences and Michael Paul’s experiences, “Dirty Cops” is an understatement. The honest people who work for this system and try to do the right thing tend to get the short end of the stick.
Connie Valentine, M.S.
June 23, 2011
What an outstanding article! I honor the mediator who dared to become a whistleblower. Litigants who point out the obvious illegal activities by family courts, which operate a cottage industry with affiliated court professionals who receive lucrative appointments, find themselves viciously retaliated against also.
Who oversees the overseers? We all know that power corrupts, and the family court is in a position of absolute power over litigants. We are appalled that the AOC not only leaves whistelblowers blowing in the wind, but also turns against them with such enthusiasm.
We call upon the new Chief Justice to right these dreadful wrongs.
Blind Bulldog
June 24, 2011
Excellent article, It is truly amazing how this “la Cosa Nostra” court is allowed to operate, I thought we had a very low tolerance in this country, for organized crime.
Wendy Darling
June 24, 2011
“I thought we had a very low tolerance in this country, for organized crime.”
Ah, so many of us thought this not so long ago. But we have since learned first hand that there are special rules for those who run the California judicial branch, where retaliation for reporting judicial branch misconduct is not only condoned, but encouraged and happily executed by those very same administrators, and breaking the law doesn’t matter because the law doesn’t apply to them.
And it’s not just dirty cops in the branch, but also some dirty firefighters.
Long live the ACJ.
Michael Paul
June 24, 2011
Is there any wonder why whistleblower attorneys will not take these cases? You are pre-ordained to lose with a rigged system like this – and they know it.
Judicial Council Watcher
June 24, 2011
Welcome to the jungle…..
JusticeCalifornia
June 24, 2011
You have no idea. Oh wait, yes you do.
I daresay the atrocities inflicted by the branch upon certain of those in and out of the branch who have gotten mad as hell and won’t take it anymore have cost the branch MILLIONS of dollars — and the damage to branch credibility is unquantifiable.
But the branch still hasn’t learned. It still thinks it can beat up on people, at all levels, and there will be no fallout.
Oppression will not be tolerated here.
sharonkramer
June 24, 2011
“Is there any wonder why whistleblower attorneys will not take these cases? You are pre-ordained to lose with a rigged system like this – and they know it.”
Not just lose the cases, become victims of retaliation themselves of a system they have to work within to feed their families. I have had that directly stated to me by three different CA attorneys. What was that old document called? Oh yea, the Constitution.
Blind Bulldog
June 24, 2011
Yes, as adults we have the capacity to chalk most of this corruption up to “the jungle” being what it is and we can endure, though it is still wrong.On the other hand when children are forced to endure “the jungle,” the “it is what it is” philosophy no longer applies. These corrupt court personnel are knowingly hurting children for money, essentially selling them to the highest bidder; this -is- a flesh trade in the spirit of child pornography or slavery, no matter how much lipstick they apply to the pig.
Judicial Council Watcher
June 24, 2011
Blind Bulldog:
We exist because “it is what it is” no longer applies. While our objective is much broader in scope, that objective encompasses many objectives of the family law people who have a similar stake in ensuring access to impartial justice as opposed to being railroaded into a cottage industry or unjust systems designed to perpetuate their own existence.
We’ve observed the slippery slope that other states have endured from afar. Fortunately, we’re better organized and getting moreso with every day that passes..
Disappointed
June 25, 2011
My god – isn’t there a single adult here who’s going to do some research before patting people on the back and jumping on the oh yeah, poor you, AOC bad bandwagon?
Please be responsible enough to check things out on your own before blindly believing others. Don’t you want to verify anything, question anything, before judging things?
Who’s George Ferrick and what does he do? What AOC division does he work for and what do they do? Is the general council’s office even allowed to assist people who aren’t judges – what is their actual charge? Does the general council’s office funding play a part in this (as different funds have restrictions on how they’re spent, which limits actions)?
Judicial Council Watcher
June 25, 2011
Names were changed to protect the innocent? This is what I assumed until I looked it up.
George Ferrick – Supervising court services analyst -CFCC
Judicial Council Watcher
June 25, 2011
As the reformer questions, who enforces the rules when the court themselves is not enforcing the rules?
Does everyone just get to make the law up as they go along?
If that’s the case, then I am all for a 4 billion dollar budget cut to the judicial branch and the abolishment of it for pure anarchy. Because even in an anarchistic state, justice happens.
It’s too late to send John Judnick up and bless this activity as well because an arbiter (outside the judicial branch, imagine that…) ruled that this activity was unlawful. A subsequent legal decision from a court does not invalidate the findings of the arbiter, for it only addressed the arbiters authority to order an audit. It’s for these “legal games” reasons that the legislature needs to fully authorize the state personnel board administrative law judges the independent authority to adjudicate whistleblower cases such as this and the authority to order the BSA to audit.
These are legal games, toying with peoples’ lives, toying with just and honest employees and toying with the law.
sharonkramer
June 25, 2011
Disappointed,
I have some questions for you:
Who’s George Ferrick and what does he do?
What AOC division does he work for and what do they do?
Is the general council’s office allowed to assist people who aren’t judges?
What is their actual charge?
Does the general council’s office funding play a part in this?
Do different funds have restrictions on how they’re spent, which limits actions?
If so, what actions are limited?
Blind Bulldog
June 28, 2011
I can tell you that jumping on the “AOC bad bandwagon” is a pretty safe jump. In regard to your point, it will do no good to ask the questions you bring up because it is obvious by now that the “AOC” will say whatever it has to and chanage whatever it needs to, to fit the moment and protect it’s own.
The “AOC” has done nothing but stonewall any research I, and others have attempted, but even without the answers to more technically probing questions; I know what I’ve witnessed and that is enough to see clearly that there is a huge problem and that problem can not exsist without a majority of the “AOC’s” personnel being willing participants.
So, “Dissappointed,” instead of wasting time asking a lot of questions while children are being sold in to slavery by judges, mediators and court appointed attorneys, while their actions are condoned and protected by the “AOC”, it is time now to act and the questions will answer themselves as we go.
This is a war for children’s well being, should we have done more research in to why “Hitler” was killing innocent people, before going to war against the Nazi’s ?
Being the Devil’s advocate does have it’s place “Dissappointed” but we should be an advocate for good more often.
JusticeCalifornia
June 25, 2011
Here is the link to the Judicial Council May 2011 fact sheet directing people to talk to George Ferrick about Family Court Services. It’s a long alternative link since the court website is down.
http://docs.google.com/viewer?a=v&q=cache:mZXBSBJjoFcJ:www.courts.ca.gov/fdr.pdf+George+Ferrick&hl=en&gl=us&pid=bl&srcid=ADGEEShnINv81uq4qYsOllb66V6v7u6EpIARywILlpFys7-uChuHpYE_NqIb3WBXoIBhicuk2yVu4el3oQ_BQYq0o4R0ist0L2iRtGWk3_eQqNgUJPCWy64lQfjKVFB3MD9Ffa7kWUUU&sig=AHIEtbSTX7qQP015ni39m7furqim4ZnLKg
The Reformer
June 25, 2011
Greetings from the Reformer (the author of this piece). I was a mediator, not an attorney, and I don’t know how to answer your questions about the general council’s office. George Ferrick is a supervisor for the AOC’s Center for Families, Children, and the Court (CFCC) division. I turned to him only after being dismissed by my court’s Family Court Services Director, the Family Court Judge, the Human Resources Director, and the CEO. I assumed that a primary function of the ADMINISTRATIVE Office of the Courts would be to intervene when laws were being broken. I felt like George wanted to help me, but was advised by his coworkers to turn me away. I still don’t understand who I was supposed to turn to for help.
courtflea
June 27, 2011
I agree with Dissappointed as I was thinking the exact same thing. We need more facts before anyone can determine who is a “whistle blower” or just merely a disgruntled former employee. Besides, the forum for court employee disiplinary issues after all administrative remedies are exhausted, is to continue through the court (criminal or civil) process as Ms. Negley and Mr. Paul have done. My gawd, who would want the AOC to police individual court (who is the employer of court staff) personnel decisions? It is bad enough the AOC polices themselves, supposedly. I would also suggest for complaints against individual judges to contact the CJP. while that may not achieve immediate satisfaction, prior complaints against judicial officers are taken into consideration when other complaints are lodged and disipline is being considered. Like it or not (and a lot of courts would rather find their own counsel), the AOC provides legal services to the courts not to individual court employees. Counties used to provide this service to courts.
My question: based on the arbitrator’s findings, why wasnt employment reinstated ?
JusticeCalifornia
June 27, 2011
Wow Courtflea– I am a bit surprised. Forgive me in advance for calling you out a bit.
You say: “My gawd, who would want the AOC to police individual court (who is the employer of court staff) personnel decisions”
Top leadership’s announced PLAN is to PLANT court CEO’s wherever they want them, and give them whatever powers top leadership wants.
And what the heck do you think has been happening all these years? In Marin County, the court and court administration have been and are blaming what has gone down on the AOC and Judicial Council, which are supposedly advising ( and most assuredly are protecting) the Marin Court.
I wonder, what do you think about that AOC/Verna Adams/Kim Turner/Marin Family Court Services document destruction debacle, that took place while active custody cases, and a state audit, were pending?
I wonder, what do you think about the AOC telling court mediators to spend a set amount of time (60-90 minutes) before making custody recommendations in complicated cases involving abuse, violence, mental illness, etc? Leo Terbeiten– former supervisor of Marin Family Court Services, told lawyers at a brown bag lunch that that the AOC is telling trial courts what to do in this regard. I was there, I heard it.
Who do you believe the public should be complaining to about this?
JusticeCalifornia
June 28, 2011
Further courtflea, you are wrong about the AOC not providing counsel to individual court employees. The AOC provided counsel from Meyers Nave (the same folks who came in for the City of Bell) for the cross examinations of Marin County’s court mediators in routine custody cases. They were there when the two Marin mediators testified they did not know or follow state laws and mandated mediation procedures.
So why is the AOC providing counsel for mediators (court employees) who are breaking the law, but they are not providing counsel for mediators (court employees) trying to uphold the law and protect families and children?
In the Reformer’s case, the arbitrator heard enough to order an audit of the Nevada County family court system, at which point the AOC jumped in with both feet and picked an assigned judge who would undo what happened, stop the audit cold, and even take away the whistleblowing mediator’s arbitration fee award.
dirty, dirty, dirty. . . .and retaliatory. And, like the AOC giving the green light to destroy child custody evidence, this endangers families and children.
While there are some very good family law judges, the fact is human trafficking and social engineering are great big businesses in some CA family courts — encouraged and protected at the highest levels of the branch.
michael paul
June 28, 2011
Mr. Paul (that would be me) has not taken any employment issues through the courts because there is not an attorney in California that believes I can get a fair hearing in the California Court system.
sharonkramer
June 28, 2011
That sounds like familiar words from attorneys. Only this whistle blower has no choice but to be in the courts. They keep suing me trying to silence me of the fraud in policy and now what the courts have done to aid it. I keep going and policy is changing on a federal level. California, not so much.
Judicial Council Watcher
June 27, 2011
I will look for the links to the news stories that are already posted on this site. Many who have followed JCW know about the story. The mediator filed a grievance indicating the laws weren’t being followed in her county. She was prohibited from doing criminal background checks and she was only given one hour of mediation to make life-altering recommendations.
Here is one link to a most recent story… there are others I will append to this comment when I find them.
http://www.theunion.com/article/20110601/NEWS/110539961&parentprofile=search
http://www.theunion.com/article/20110219/NEWS/110219705&parentprofile=search
Judicial Council Watcher
July 2, 2011
added an additional link to the comment above.
Whistle Blower III
November 18, 2011
family court judge Deborah B Andrews of Long Beach superior court is being sued, that’s right sued, by a father falsely accused of child abuse. Her actions against this innocent man were criminal as were her collegues who aided DCFS in their violations of an innocent man.
Case is ongoing but can be found by looking up Judge Andrews in the Federal courts records systems. on Pacer
Andrews is a criminal child abuser. She needs to come off the bench. This system is a terrorist organization!