Welcome to California’s Judicial Branch

Posted on November 14, 2011

15


Uh-huh.

Unless you happen to be a judicial branch whistleblower that saved the state some 42 million dollars.

If you are such a person, you will find that the plaintiffs bar is genuinely afraid of being blacklisted or disbarred for representing such a person because apparently that is the good word going around.  It isn’t about contingency representation in this matter. Mr. Paul indicates that he has been flat-out rejected everywhere he has turned. He indicates that about 15% of these attorneys turning away his case have answered the can you tell me why you won’t represent me question.

The number one reason is fear of being blacklisted by the plaintiffs bar or being disbarred by the California Bar. The number two reason is that the employment law firm must conflict out of representation because they previously represented the AOC. According to Michael, only one attorney has suggested that his case has no merit because he filed a taxpayer lawsuit to stop the fraud and that was the reason he was fired. 

“This isn’t about money” Michael said in an email exchange with JCW. “Even if I am willing to pay, they are unwilling to represent out of fear of reprisal.” 

Today, Michael who indicates he has exhausted the several hundred member list of the California Employment Law Association will face an AOC demurrer in San Francisco Superior Court all on his own. The AOC is demurring on the basis that the very law that the Judicial Council and the AOC supported in front of the legislature was not in effect on the day that he was fired. Even though the position materials of the Office of Governmental Affairs indicate that they support CWPA expansion for judicial branch employees  indicating it meets judicial branch goals of enhancing transparency and accountability, even though statements made by the authors of the bill sought to expand existing protections to judicial branch employees retroactively, it appears this morning that no one will be held accountable short of the courts appointing Mr. Paul an employment law attorney.

Is this what the Judicial Council and the AOC calls fair and equal justice for all Californians?

Because today that commitment to providing fair and equal justice for all Californians counts only if you can find a lawyer not afraid of being blacklisted or disbarred. 

Michael has spent sixteen months looking for work and eleven months looking for an attorney. Last week was his first partial week of employment in sixteen months. According to Michael, most lawyers have indicated as of recent that he has a better chance going after his old attorney for malpractice than he does taking on the AOC for at least in that matter, there is no threat of being disbarred by the California Bar association or blacklisted by the plaintiffs bar.

And the above the law AOC continues to be untouchable.