Official seal of County of Shasta (Photo credit: Wikipedia)
According to courthouse workers, “Judge” Jack Halpin has actually retired three times. Yet even today, Judge Jack Halpin can be found sitting on the Shasta bench adjudicating family law cases as if he never left. The apparent loophole that someone is using to unlawfully and unconstitutionally usurp the role of a judge is that he is involved in these family law cases until they are concluded. If anyone reading this does not fully understand the implications of this, the chief justice, the AOC and “Judge” Jack Halpin justify that he can sit at the bench until all of his “case wards” turn eighteen.
According to the attached complaint, “Judge” Jack Halpin has been unconstitutionally reappointed to the Shasta Bench a staggering 208 times by consecutive chief justices. He has served as a temporary judge going on twenty consecutive years and appears to be entitled to sit another eighteen consecutive years at the Shasta bench – according to Mr. Halpin, the AOC and that stellar constitutional mind(s) that occupies the office of the Chief Justice, both current and former. And it is not as if there is no other willing judges willing to sit in Shasta county on a temporary basis. Word behind the bench tells us that prospectives are lined up at the opportunity to serve but it is Jack Halpin’s gig.
The type of lawsuit that’s been filed against Jack Halpin is a Quo Warranto. The Attorney General’s office indicates that a Quo Warranto is “a lawsuit against any person who usurps, intrudes into, or unlawfully holds or exercises any public office”
Just a week before his court date, Mr. Wagner was denied access to his own files again with a clerk stating that “Judge Jack Halpin has a hold on the files.” Investigating Reporter, Alan Ernesto Phillips asked the clerk for the public files citing permission from Mr. Wagner. After 10 minutes and a briefing with a supervising clerk, the files were presented to Mr. Wagner and the reporter. “Oh, these just came in to us from the judge…”offered the nervous court clerk. Photo courtesy of Investigative Reporter Alan Ernesto Phillips
I’m no lawyer but this judge appears to have missed three elections having sat at the Shasta Bench for nearly 20 consecutive years. In the mind of this common citizen, to coin a phrase of wearyant, being a member of the poor, huddled unwashed masses it appears that this character needs to be put out to pasture by operation of law. If the AOC and our chief justice actually respected our constitution, she would have addressed these matters long ago instead of perpetually re-appointing “Judge” Jack Halpin through what should have been three election cycles.
For the laymen out there: The Commission on Judicial Performance that might normally remove a judge has no oversight responsibilities whatsoever over assigned judges. Oversight of assigned judges is the responsibility of the criminal minds at the AOC. Additionally, Mr. Steven Jahr, current executive director of the AOC was formerly a Shasta county judge and sat for years with “Judge” Jack Halpin and continues the longstanding tradition of unlawfully appointing Jack Halpin to the Shasta Bench. Nobody wants to intervene and actually do the right thing.
This lawsuit is a public relations disaster for the AOC, Chief Justice Cantil-Sakauye, Steven Jahr and the assigned judges program and serves as the poster child case of the judicial branch leadership usurping the will of the people. A hint to the legislature and governor: This double-dipping judicial welfare program for Jack Halpin costs the people of the state of California 26 million dollars per year, yet there are judges out there without court staff or courtrooms to practice their profession in. This program is low hanging fruit and ripe for legislative elimination as was done in 23 other states, legislative intervention in defining the parameters of the program and CJP oversight.
Everyone who is anyone in the AG‘s office, the Governors office and the judicial branch leadership now has a copy of this complaint. And now, you do too. Please note Jack Halpin’s own response that references a response made by the AOC to the Attorney General’s office. We are trying to obtain that document which is one of the reasons we’ve been sitting on this story for a few days. Surely if the respondent makes reference to a document that the AOC sent the AG’s office, the prosecuting attorney should get a copy as well ?
Quo Warranto Points and Authorities001
Halpin Quo Warranto Response002
Quo Warranto Chief Justices Order to Jack Halpin 004
Wendy Darling
December 28, 2012
“If the AOC and our chief justice actually respected our constitution, she would have addressed these matters long ago instead of perpetually re-appointing “Judge” Jack Halpin through what should have been three election cycles.”
The Chief Justice took an oath to uphold the law and the State Constitution. If that oath actually meant anything to the Chief Justice, she would have declined any further services from “Judge” Jack Halpin on the very first day she assumed the Office of the Chief Justice.
And yet here is Halpin, two years later, still on the Shasta County bench, with the full knowledge, blessing, and consent, of the Office of the Chief Justice.
Come to think of it, the Attorney General, and the Governor, took that same oath.
So much for that oath actually meaning anything.
Serving themselves to the detriment of all Californians.
Long live the ACJ.
Alan Ernesto Phillips
December 28, 2012
I have been following and investigating this case for a couple of months, and had planned to break this tomorrow – but I can’t think of a better publisher to lose such an important scoop! Well done JCW… very well done indeed! I’ll start my rewrites tomorrow 😉
P.S. I have all the docs, including Halpin’s “reply” wherein he states that the AOC should also be made a party… yeah, there’s more juicy stuff to be sent to the northstate’s Blindbulldog blog…
Today is Day 659 since Halpin, et al, illegally abducted my oldest daughter.
But, hey, no judicial/AOC oversight for rogue, assigned judges and mediators?
Noooo problem.
unionman575
December 28, 2012
Good old Teflon Jack…
😉
courtflea
December 28, 2012
Ass kissing ass.
Wendy Darling
December 28, 2012
The plaintiff’s attorney should make a public info request of all the complaints regarding Halpin filed with the AOC, the Judicial Council, and/or the Office of the Chief Justice, just in the last ten years. There’s plenty of them. Not that anything was ever done about any of them.
Serving themselves to the detriment of all Californians.
Long live the ACJ.
JusticeCalifornia
December 29, 2012
Shasta County and the AOC were warned way, way back that Halpin was a problem. I do believe a non-spoliation request regarding Halpin records was also made a while back. . . .
Shasta County, the AOC, and Tani Cantil Sakauye were most clearly and unequivocally warned that Halpin and his ongoing, unconstitutional and unpopular assignments were a problem…but they continued…and continued. . . .and continued. . . .and continued. . . . .and continued. . . ..and continued. . . ..etc., etc.. etc.,
Sad but true that it took this Quo Warranto to call this matter out.
Go JCW. Go Alan Ernesto Phillips. Go Wendy Darling.
Go Governor Brown. . please DO direct the AG to undertake this matter. Why would you do otherwise?
Go AG Harris– please know the people of the State of California are relying upon you to enforce their Constitutional right to elect their judges, and please voluntarily undertake this matter about the abuse of the assigned judges program. Why would you do otherwise? As you aspire to higher office. . . . .we are watching what you do. . ..
And most especially to those in the legislature– please take note of this and other important issues being raised about abuses by “top leadership”– all at the expense of those taxpayers who have elected you. Please do what is very obviously necessary to protect your constituents– tell the Gov and AG to investigate branch misconduct, and enforce the law.
MS
December 29, 2012
How can one obtain the list of judges that are on Assigned Judges Program?
Judicial Council Watcher
December 29, 2012
The list is not a public document according to the AOC. The AOC maintains the assigned judges lists. The reason it is not a public document is because they don’t desire everyone to know how abused this program really is.
Alan Ernesto Phillips
December 29, 2012
Dear JCW,
Have some info for you. Can I get your backdoor contact again?
Thanks,
Alan
Judicial Council Watcher
December 29, 2012
Someone from Yen Interactive Media has re-sent contact information. Check your inbox. 🙂
JusticeCalifornia
December 29, 2012
JCW, you said:
“Additionally, Mr. Steven Jahr, current executive director of the AOC was formerly a Shasta county judge and sat for years with “Judge” Jack Halpin and continues the longstanding tradition of unlawfully appointing Jack Halpin to the Shasta Bench.”
Ummmmm…..I think I remember you reporting that Jahr received a “Jack Halpin Award”– didn’t he have that on his CV? Does anyone know what that award is?
Judicial Council Watcher
December 29, 2012
https://judicialcouncilwatcher.wordpress.com/2012/08/02/ok-so-what-is-a-jack-halpin-award/
It is from the shasta-trinity bar association. What is it for? It does not appear they have a website that might explain what it is….. so we substituted our own definition of what it is for in the above mentioned post.
Wendy Darling
December 29, 2012
“The Jack Halpin Award” — an annual award for the most blatant disregard of the California Constitution or other State law by the bench of the California Judicial Branch.
Serving themselves to the detriment of all Californians.
Long live the ACJ.
Jimmy
December 29, 2012
One of the “rules” of the assigned judges’ program requires the presiding judge in each court to annually evaluate the efficacy of each retired judge who sat during the year, and provide this information to the AJP. If a retired judge is not doing a competent job, the presiding judge also can request that the judge not be reassigned to the court. Despite these measures, it appears that there are retirees in the program who should no longer be serving. In our court, we have refused to accept certain judges, and have had some removed mid-assignment due to performance issues. Shasta does not have to accept Halpin . . .
Michael Paul
December 29, 2012
Being another member of the poor huddled unwashed masses, he who has a fool for a client should stand alone in this lawsuit. Naming the AOC permits them to expend unlimited public funds to defend this matter and he who has a fool for a client gets a free ride at the taxpayers expense.
It is not the AOC that has usurped the office. Sure, they aided and abetted but they are not the unelected official that usurped the office.
Mr. Halpin, I think you should retire for a fourth time and make it stick. I would also support the wholesale elimination of the assigned judges program until the legislature spells out what is an acceptable “temporary” appointment with a “not to exceed” number of days in any calendar year.
Suggesting that a 170.1 makes this a moot point is disingenuous as you still unlawfully occupy the office as long as you are presiding over any case.
unionman575
December 29, 2012
I’d like to send this classic tune out to you Jack…
😉
wearyant
December 29, 2012
Unionman, you continue to be a scream! Good ol’ Jumping Jack Flash, if only he could be a flash in the pan!
Peppermint Pattie
December 29, 2012
A litle song for the New Year (sung to the tune of “Where Have All The Flowers Gone”) . . .
Where Have All The Ethics Gone
Where have all the ethics gone?
Long time passing
Where have all the ethics gone?
Long time ago
Where have all the ethics gone?
The Judicial Council killed them every one
When will they ever learn?
When will they ever learn?
Where has the Judicial Council gone?
Long time passing
Where has the Judicial Council gone?
Long time ago
Where has the Judicial Council gone?
Ron George sychophants, every one
When will they ever learn?
When will they ever learn?
Where have all the Ron George sychophants gone?
Long time passing
Where have all the Ron George sychophants gone?
Long time ago
Where have all the Ron George sychophants gone?
Gone for puppets, every one
When will they ever learn?
When will they ever learn?
Where have all the puppets gone?
Long time passing
Where have all the puppets gone?
Long time ago
Where have all the puppets gone?
Gone to prisons, every one
When will they ever learn?
When will they ever learn?
Where have all the prisoners gone?
Long time passing
Where have all the prisoners gone?
Long time ago
Where have all the prisoners gone?
Gone to trial courts, every one
When will we ever learn?
When will we ever learn?
courtflea
December 29, 2012
If a retired judge is not working for a firm like JAMS i would venture a guess that most are participating in the assigned judges program. But how could a list of them not be a public document since they are paid with public funds? Do away with this scandalous, expensive program!
unionman575
December 29, 2012
I just ate Tommy’s, perhaps I can wipe with this…
http://www.courts.ca.gov/documents/Assigned_Judges_Program.pdf
disgusted
December 30, 2012
WHAT A JOKE
“Specific Fund Use: The fund contributed to prizes for the winning artwork.
Specific Fund Use: The fund was used to provide lunch for participants.
Specific Fund Use: The fund helped purchase canvases, frames, and other materials for this project.
Specific Fund Use: On behalf of the Judicial Council, commemorative items were presented to faculty members in recognition of their voluntary contribution of time and expertise in the development and implementation of this groundbreaking effort for California’s court system.
Specific Fund Use: The fund provided partial support for the centennial dinner.
Specific Fund Use: The fund provided the resources to bring part of the Long Walk to Freedom historical exhibit to the 2004 California Exposition and State Fair—an annual event that regularly draws more than 1 million visitors. The interactive exhibit focused on the civil rights movement in California and across the United States.
The fund has been used to extend appreciation, congratulations, condolences, and get-well wishes (e.g., food and beverages for receptions; plaques; certificates; floral arrangements) to judges, justices, court employees, and (in cases of condolence) their families.
Specific Fund Use: The fund has been used to cover any speaker travel costs and post-lecture receptions.
Specific Fund Use: This week-long education program includes a simple reception for the judicial officers, where they meet with the Administrative Director of the Courts, AOC Chief Deputy Director, other directors of the AOC, and, when on-site, members of the Judicial Council. Each judicial officer is presented with an official Administration of Justice Fund group photograph of their visit with the Chief Justice. The fund provides resources for the reception and photographs.
Specific Fund Use: The fund has been used to pay speakers’ travel expenses.
Specific Fund Use: Calendar printing costs were covered by the fund.
California courts. The fund was utilized for a California delegation dinner.
The fund was used for a working lunch during a justice system roundtable attended by visiting judges from Michoacán, Mexico; Judicial Council representatives; the Governor’s legal affairs secretary; and representatives of the Office of the Attorney General and the California Public Defenders Association, among others.”
unionman575
December 29, 2012
Back in May 2009 there were 400 Assigned Judges…
http://www.courts.ca.gov/documents/NR28-09.PDF
wearyant
December 29, 2012
I had to go for my barf bag after looking over your two above-referenced missives. Another AOC Kurt apparently put together that dung on the AJP in response to the recent Halpin lawsuit. The AOC gets 350+ requests for assigned judges? I don’t think so. Let ’em prove that one! Rubbish. And the other cutesy-poo request that judges work one day FOR FREE because of a shortfall in ’09?! HAH! That’s rich. As the JC/AOC/CJ trot merrily to their banks — Have they EVER given back one SINGLE DAMNABLE THING — oh, gotta quit, I’m spluttering all over the screen and it ain’t JCW’s snow.
unionman575
December 29, 2012
http://www.courts.ca.gov/documents/ajf.pdf
Perhaps you would like to contribute Ant…Get that bucket ready..I am gonna lose it…
😉
wearyant
December 30, 2012
Ever watch Ralph Story’s “Things that aren’t here anymore”? Well ….
“California Judicial Branch Calendar: The printing of three successive years of the California Judicial Branch Calendar was made possible by the fund. The calendars were produced with the goal of fostering the statewide identity of the judicial branch and building knowledge and pride in the branch’s achievements among court and bar leaders. In every calendar, significant dates in the evolution of California’s judicial branch, from precedent-setting cases to historic reforms in judicial administration, were identified. Also noted were other ‘firsts’ for California’s state court system.
• In 2006, the first calendar, Delivering Justice, used vintage postcard images of California courthouses from every geographic region of the state.
• The 2007 calendar, For the People, highlighted the range of court services and programs administered by courts statewide for the benefit of the public they serve.
• The 2008 calendar was a daily calendar focusing on information and facts that reflect the vital role of California’s judicial branch of government, as well as the multiplicity of issues impacting our courts and the public.”
Do ya think the vintage postcard images of California courthouses from every geographic region are still available? I’d love to have some nostalgic reminders of our courthouses that the JC/AOC have destroyed.
How about sweet memories of the “range of court services and programs administered by courts statewide FOR THE BENEFIT OF THE PUBLIC THEY SERVE”? lMy emphasis added.]
Now I’ll take the barf bag. Gawd.
unionman575
December 30, 2012
OK Ant I’ll hand you a barf bag now…
😉
unionman575
December 31, 2012
YES – Do away with this scandalous, expensive program!
JusticeCalifornia
December 30, 2012
Re the Shapiro fund fact sheet posted above by unionman :
“The fund is used in ways that are consistent with the goals of building relationships
between the judicial branch and justice system partners, recognizing the
accomplishments of individuals in improving the justice system”
a. Sounds an awful lot like this fund could be used for bribes and paybacks. Receptions for new legislators, complete with swag bags, anyone? How about a nice award and a pretty Leanne Kozak video to ease your troubled mind for screwing over the public and the branch?
b. As I recall, tuck-tail-and-ran Ron George got into a heap of public relations trouble for not timely reporting this fund. He was what–6 or 7 years late reporting? Didn’t the information about the fund just come out in 2009-2010? I think it was outed on AOC Watcher. Maybe someone else remembers too. Someone correct me if I am wrong.
c. I do believe this gentleman Mr. Shapiro is the same Mr.Shapiro who loaned tuck-tail-and-ran Ron George $10,000 in the very last days of his 1998 retention election. The last election finance reporting doc (at least the one I saw) did not reflect repayment of this loan. The question was posed back when this was discussed on AOC Watcher– was it ever repaid?
It is so obvious. If an individual is paying for parties and party favors and special trainings and awards, and other grease-the-skids perks for the judicial branch, and $10k loans for the Chief Justice– how could any litigation involving this individual, or any interest he holds dear– be fairly adjudicated? Do ya think he would be treated like the huddled masses? I think not.
It is disgusting to think the AOC has a slush fund to play with, while the public is being deprived of court basics– open courts, good judges, court clerks, court reporters, and adequate self-help resources.
JusticeCalifornia
December 30, 2012
Darrell Steinberg got an award and a nice 1/3/2011 CA courts video just as his law school buddy Tani was taking office. Since he went public protecting Tani. . . .well, it has gone downhill for him and the branch, hasn’t it?
Justice Scotland got an award and his 1/3/2011 CA courts video was posted the same day. . . .where has he gone after trying to support Tani while trying to remain ethical?
And OMG!!! Curtis Child got an award and his 1/3/2011 CA courts video was also posted the same day!!!
And oh gosh!! Mike Feuer — who towed the party line for a long time, and then backed off as the evidence of waste and mismanagement became overwhelming, and he wanted to run for office in LA– got an award and a nice 1/3/2011 CA courts video the same day!!!!
Do we see a pattern here? pay for play?
Judicial Council swag bag, anyone?
I do believe these CJ/Judicial Council swag bags soon will be seen as a sign of shame, rather than honor. Thanks, but no thanks.
Michael Paul
December 30, 2012
” I am informed and believe that the Administrative Office of the Courts (hereafter AOC) has filed a letter with the Attorney-General indicating the application is moot based on an order issued by the Chief Justice on December 18, 2012. The AOC requested that I concur the matter was moot. I indicated that I was willing to concur that such an order was issued but I was unwilling to concur it was valid”
Two words. Brass Balls.
It appears in his response that he is telling the Chief Justice that whatever order was issued from her office is not valid.
Priceless!!
unionman575
December 31, 2012
Priceless indeed.
😉
Lando
December 31, 2012
2013 is going to be great year for branch reformation thanks to all of you here. Have a happy and safe New Year everyone.
The OBT
December 31, 2012
Happy New Years . We need to make 2013 the year the Judicial Council was democratized. It is our only hope to end the tyranny of the insular and anti – democratic forces that run 455 Golden Gate. My prediction for 2013 is that the legislature will finally act by convening oversight hearings of the AOC focusing on Long Beach and the dire financial conditions of the trial courts . Upon completion of those hearings , there will be strong support for an elected and representative Judicial Council.
Lando
January 1, 2013
OBT you left out one thing . The resignation of the Chief Justice.
Wendy Darling
January 1, 2013
Resignation, recall, impeachment, or indictment . . . any of those will do.
Still serving themselves to the detriment of all Californians.
Long live the ACJ.
The OBT
January 1, 2013
Wendy, Here is a New Years toast to you. Thanks for all your great insights and contributions to reforming the dark hallways at 455 Golden Gate.
Wendy Darling
January 1, 2013
And OBT, here’s a New Year’s toast to you and all here at JCW, and to the ACJ: All of us together, or none of us at all.