Академический Документы
Профессиональный Документы
Культура Документы
09- ____
_________________________________________
IN THE
RICHARD I. FINE,
Petitioner,
v.
Respondent.
______________
______________
RICHARD I. FINE
In Pro Per
Prisoner ID 1824367
c/o Men’s Central Jail
441 Bauchet Street
Los Angeles, CA 90012
(310) 638-2825 (messages)
ii
TABLE OF AUTHORITIES
Cases
In Re Farr,
36 Cal.App.3rd 577, 580 (1974) .............................................................................. 1, 4
In Re William T. Farr,
64 Cal.App.3rd 605, 610 (1976) .............................................................................. 1, 4
In Re Richard Isaac Fine, Esq.,
Ninth Circuit Case No. 09-80130 .............................................................................. 2
Richard I. Fine v. Sheriff of Los Angeles County,
USDC Case CV-09-1914, 9th Cir. Case 09-56073
(the "underlying" case) .................................................................................... passim
Richard I. Fine v. State Bar of California,
US S.Ct. Case No. 08-1573 ....................................................................................... 2
Sturgeon v. County of Los Angeles,
167 Cal.App.4th 630 (2008) ......................................................................................... 2
Statutes
California Pubic Resources Code ................................................................................. 3
Other Authorities
California Senate Bill SBX2-11.................................................................................... 2
Constitutional Provisions
California Constitution, Article VI, Sec. 19 ................................................................. 2
U.S. Constitution - First Amendment.......................................................................... 2
-1-
OPINION BELOW
Orders of the Ninth Circuit dated August 12, August 26, September 15, and
September 23, 2009, denying, without giving reasons, Petitioner Richard I. Fine’s
decision on appeal, and precluding Fine from filing a motion for reconsideration or
PETITION
contempt proceeding for the refusal to answer questions while the writ of habeas
corpus proceeds through the Federal Court system. In the writ of habeas corpus
case of William T. Farr v. Superior Court, Justice William O. Douglas stayed the
execution of sentence imposed by the Los Angeles Superior Court for contempt for
refusing to answer questions after Farr had been in coercive incarceration for 45
days pending the disposition of his review in the Ninth Circuit without his having
answered the questions. (See In Re Farr, 36 Cal.App.3rd 577, 580 (1974) and In Re
In the instant writ of habeas corpus case, Fine was held in contempt of court and
questions. Fine filed a writ of habeas corpus on March.20, 2009 in the U.S. District
Court after having filed writs of habeas corpus in the California Court of Appeal
and the California Supreme Court. Fine challenged the Los Angeles Superior Court
judge’s jurisdiction to try the underlying case and the contempt proceeding.
The trial judge, David P. Yaffe, had received illegal payments from Los
Angeles County, a party before him in the underlying case. The payments were
held to violate Article VI, Section 19, of the California Constitution in the case of
Sturgeon v. County of Los Angeles, 167 Cal.App.4th 630 (2008), review denied
12/23/2008.
liability and disciplinary action for such illegal payments pursuant to Senate Bill
During the proceedings in the underlying case, and after Fine left as counsel1
opposing Los Angeles County, on January 8, 2008, Judge Yaffe ordered Fine to pay
1
Fine's reason for leaving the underlying case was that the California State Bar ordered him
inactive from bringing Federal civil rights lawsuits challenging the Los Angeles County payments to
Los Angeles Superior Court judges. Fine was subsequently disbarred for "moral turpitude" on
March 23, 2009 for having brought such lawsuits and challenging Los Angeles Superior Court judges
for having received such payments.
The U.S. Supreme Court denied Fine's petition for writ of certiorari challenging such disbarment on
First Amendment grounds and due process grounds. (See Case 08-1573.) The petition was not
opposed. (The Court may wish to reconsider its action sua sponte.) Five of the six California
Supreme Court Justices who denied Fine's petition for review in the disbarment case had previously
received illegal county payments while they were superior court judges. They received retroactive
immunity for such conduct under Senate Bill SBX2-11. The sixth Justice was a member of the
Judicial Council of California which drafted Senate Bill SBX2-11. These justices are Chief Justice
George and Justices Chen, Corrigan, Kennard, Moreno and Baxter, respectively.
On September 2, 2009, the Ninth Circuit stayed its own disbarment action against Fine pending the
outcome of the habeas appeal, noting that the two issues “overlap”. (Ninth Cir. Case No. 09-80130.)
-3-
attorney’s fees and costs to Los Angeles County and its co-applicant for an
hearing, without Fine present at the hearing, and in violation of the California
In a hearing on March 20, 2008, Judge Yaffe admitted, for the first time in
the case, to receiving payments from Los Angeles County. On March 25, 2008, Fine
filed a CCP § 170.3 Objection to Judge Yaffe. Judge Yaffe did not respond, and was
thus disqualified under CCP § 170.3(c)(4). Judge Yaffe refused to leave the
case. On April 15, 2008, he signed an order for attorney’s fees pursuant to the
January 8, 2008 order. Fine was subsequently ordered to answer questions about
his assets in a judicial proceeding to enforce the January 8 and April 15, 2008
orders. Fine refused, claming the orders were void as Judge Yaffe should have
recused himself due to the Los Angeles County payments and his subsequent
disqualification.
contempt against Fine. Fine moved to dismiss the OSC. The motion was denied.
Judge Yaffe presided at the contempt trial over Fine's objection. Judge Yaffe judged
Judge Yaffe was the first witness at the contempt trial. He testified that he
received payments from Los Angeles County, did not report them on his Form 700
mandatory disclosure statement, did not have any employment agreement with Los
Angeles County or any arrangement to provide services for Los Angeles County, did
-4-
not place the payments in his campaign fund, and could not remember any case in
the last three years that he decided against Los Angeles County.
Judge Yaffe was a state-elected judge. The Los Angeles County payments
were $46,366 per year, or 27% of his annual state salary of $178,800.
The certified question before the Ninth Circuit is "whether the trial judge
[Judge Yaffe] should have recused himself." The case was submitted to the panel on
December 10, 2009. Fine has been in "coercive incarceration" since March 4, 2009,
The Ninth Circuit has denied two unopposed motions to set Fine free pending
its decision, and one motion for reconsideration, which was also unopposed.
Based upon the precedent of Justice Douglas’ action in the Farr case, Fine
BY: _________________________
RICHARD I. FINE,
In Pro Per
Richard I. Fine
Inmate # 1824367
c/o Men’s Central Jail
441 Bauchet Street
Los Angeles, CA 90012
(310) 638-2825 (messages)
-5-
PROOF OF SERVICE
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
Kevin M. McCormick
BENTON, ORR, DUVAL & BUCKINGHAM
39 N. California Street
P.O. Box 1178
Ventura, CA 93002
I certify and declare, under penalty of perjury under the laws of the United States
of America and the State of California, that the foregoing is true and correct.
Executed on this _____ day of December, 2009, at Rancho Dominguez, California.
___________________________
FRED SOTTILE