organization:california commission on judicial performance

Calif. Judge Says Victims’ Body Can Prevent Rape‏ « MasterAdrian’s Weblog
►http://masteradrian.com/2012/12/15/calif-judge-says-victims-body-can-prevent-rape%e2%80%8f

Calif. Judge Says Victims’ Body Can Prevent Rape‏
December 15, 2012

SANTA ANA, Calif. (AP) — A Southern California judge is being publicly admonished for saying a rape victim “didn’t put up a fight” during her assault and that if someone doesn’t want sexual intercourse, the body “will not permit that to happen.”

The California Commission on Judicial Performance voted 10-0 to impose a public admonishment Thursday, saying Superior Court Judge Derek Johnson’s comments were inappropriate and a breach of judicial ethics.

“In the commission’s view, the judge’s remarks reflected outdated, biased and insensitive views about sexual assault victims who do not ‘put up a fight.’ Such comments cannot help but diminish public confidence and trust in the impartiality of the judiciary,” wrote Lawrence J. Simi, the commission’s chairman.

Johnson made the comments in the case of a man who threatened to mutilate the face and genitals of his ex-girlfriend with a heated screwdriver, beat her with a metal baton and made other violent threats before committing rape, forced oral copulation, and other crimes.

Though the woman reported the criminal threats the next day, the woman did not report the rape until 17 days later.

Johnson, a former prosecutor in the Orange County district attorney’s sex crimes unit, said during the man’s 2008 sentencing that he had seen violent cases on that unit in which women’s vaginas were “shredded” by rape.

“I’m not a gynecologist, but I can tell you something: If someone doesn’t want to have sexual intercourse, the body shuts down. The body will not permit that to happen unless a lot of damage is inflicted, and we heard nothing about that in this case,” Johnson said.

The commission found that Johnson’s view that a victim must resist to be a real victim of sexual assault was his opinion, not the law. Since 1980, California law doesn’t require rape victims to prove they resisted or were prevented from resisting because of threats.

In an apology to the commission, Johnson said his comments were inappropriate. He said his comments were the result of his frustration during an argument with a prosecutor over the defendant’s sentence.

Johnson said he believed the prosecutor’s request of a 16-year sentence was not authorized by law. Johnson sentenced the rapist to six years instead, saying that’s what the case was “worth.”

<p>Sacramento-based Pacific Legal Foundation President Robin Rivett, as well as staff-attorneys Meriem Hubbard and James Burling have been publicly asked by TLR to opine on events relating to CAUSE’s Ming Chin and Judy Johnson’s CCPF <br /><br /><img src='https://seenthis.net/

http://i.imgur.com/jOcJV.jpg

►http://lesliebrodie.blog.co.uk/2012/01/11/pacific-legal-foundation-s-robin-rivett-meriem-hubbard-and-jame

<p>Supreme Court of California Associate Justice Ming W. Chin abruptly quit his position with the Center for Asian Americans United for Self Empowerment. The resignation took place amidst an ongoing investigation by the <span class="tag">California Commission on Judicial Performance.</span></p>
<p><img src='https://seenthis.net/►http://data6.blog.de/media/338/5617338_d381eb97c8_l.jpeg" alt="" /><br />Hon. Ming W. Chin</p>
<p>A <a href="http://lesliebrodie.blog.co.uk/2011/08/14/california-supreme-court-associate-justice-ming-chin-subject-of-ethics-complaint-due-to-involvment-with-entity-which-cater-exclusively-to-asian-a-11667055/">formal ethics complaint</a> filed with the California Commission on Judicial Performance alleged that Chin’s involvement with CAUSE is prohibitive due to CAUSE’s invidious discrimination against those who are non Asian-American. The complaint further alleged that the associate justice must be disciplined due to CAUSE involvement in the political-process, conduct that Chin is otherwise prohibited in engaging in pursuant to Canon 5.</p>
<p>In Addition, Justice Chin’s clandestine nature and undisclosed involvement was particularly troubling based on facts as they relate to Mr. James Hsu — CAUSE’s treasurer as well as a board member of a (now defunct) sham charitable entity known as CaliforniaALL — as matters relating to sham charity CaliforniaALL would soon be considered by the California Supreme Court.</p>
<p>According to the complaint, records were sought pertaining to CaliforniaALL from the California Bar Foundation as well as from the State Bar of California to no avail. As such, and based on the blatant refusal to produce these records, a petition for relief will shortly be filed with the California Supreme Court seeking an order to compel the State Bar and its Foundation to make these public records available.</p>
<p>The complaint further alleges that without the “fortuitous discovery” by the Petitioner, he would not have known that Justice Chin and Hsu are involved with CAUSE as to seek the recusal of Justice Chin in matters relating to CaliforniaALL.</p>
<p>Similarly, the complaint alludes to a State Bar of California petition in the matter of Sander vs. State Bar of California which is currently pending before the California Supreme Court. In that case, the State Bar seeks review of a decision that established a common law right of access to data concerning minorities which the State Bar possesses.</p>
<p>Hence, the complaint alleged, there is an impression that Justice Chin may exercise his power in such a way which would benefit minorities, much like his involvement with CAUSE conclusively establishes that he stands united with APIA and otherwise wishes self-improvement for APIA more so than he does for the population as a whole.</p>
<p>Subsequent to the filing of the complaint, CAUSE quickly removed Justice Chin’s name from its rolls for 2011 and 2010, retroactively. See CAUSE <a href="http://www.causeusa.org/index.php/about/board-of-directors?start=1">2010a> roll. In contrast, see TLR’s <a href="http://lesliebrodie.posterous.com/justice-ming-chin-center-for-asian-americans-78168">own records</a>, which clearly show that Justice Chin was a member of CAUSE’s Advisory Council in 2010.</p>
<p><span class="tag">CAUSE’s legal counsel, </span>Mr. Victor King, has confirmed the resignation, which went into effect shortly after the complaint was filed. See below.</p>
<p><img style="margin: 0px;" src='https://seenthis.net/►http://data7.blog.de/media/590/6021590_da3c9b3b84_m.jpeg" alt="CAUSE’S VICTOR KING RE JUSTICE MING CHIN " width="400" height="200" /></p>
<p>This latest development comes in the aftermath of revelations of numerous scandals involving the California Supreme Court and the State Bar of California. Most notable among these is the forced departure of Executive Director Judy Johnson and <a href="http://lesliebrodie.blog.co.uk/2011/04/09/b-r-e-a-k-i-n-g-n-e-w-s-details-beginning-to-pour-in-11044973/">her secret control of CCPF</a> ; the <a href="http://lesliebrodie.blog.co.uk/2011/07/05/concerns-mount-over-systemic-abuse-of-ronald-gottschalk-as-preparations-for-adversarial-proceedings-against-patrice-mcelroy-move-into-high-gear-10912820/">bribery of Judge Patrice McElroy</a>; the “friendship” between Ronald George and Thomas Girardi; Judge Lucy <a href="http://lesliebrodie.blog.co.uk/2011/09/21/state-bar-of-california-california-democratic-party-cpuc-cash-flow-connection-part-1-la-mayor-antonio-villaraigosa-and-state-bar-court-judge-lucy-11887608/">Armendariz/Antonio Villaraigosa</a> Connection; as well as State Bar cover-up of Howard Rice’s Jerome Falk deceitful actions as special prosecutor on behalf of the State Bar against two of his and his firm’s clients (Thomas Girardi and Walter Lack) as <a href="http://lesliebrodie.blog.co.uk/2011/11/15/united-states-court-of-appeals-for-the-ninth-circuit-will-be-asked-to-disbar-tom-girardi-walter-lack-howard-rice-s-jerome-falk-for-scheme-to-circ-12170012/">part of a scheme to exploit his authority</a> as special prosecutor for financial gain.</p>

California Supreme Court Associate Justice Ming Chin Subject of Demand Letter Sent to Center for Asian Americans United for Self Empowerment Addressing Retroactive Removal of Justice Chin’s Name

►http://lesliebrodie.blog.co.uk/2011/10/10/california-supreme-court-associate-justice-ming-chin-subject-of

A long-standing involvement with an entity that caters exclusively to Asian-Americans has led to a complaint being filed against California Supreme Court Associate Justice Ming W. Chin.

The ethics complaint filed with the California Commission on Judicial Performance alleges that Chin’s involvement with the Center for Asian Americans United for Self Empowerment (“CAUSE”) is prohibited because of CAUSE’s invidious discrimination against those individuals who are non Asian-American.

Mr Ming W. Chin, Associate Justice of the California Supreme Court. Ming, not a stranger to The Leslie Brodie report, partook in the “60 Days Suspension Scandal,” (See Part 1 and Part 2) wherein a lawyer with a prior criminal history engaged in a pogrom in a San Francisco synagogue, yet was only suspended for 60 days due to his political connections within the Democratic party, and courtesy of Judy Johnson, former crack-addict Mike Nisperos, and JoAnn Remke. (Photo:courtesy)

The complaint further alleges that Chin must be disciplined because of CAUSE’s involvement in the political process – conduct that Chin is otherwise prohibited from engaging in pursuant to Canon 5 – and because Chin intentionally hid his involvement with CAUSE from the public. See copy of complaint HERE.

Subsequent to the filing of the complaint, CAUSE quickly removed Justice Chin’s name from its rolls for 2011 and 2010, retroactively. See CAUSE 2010 roll. In contrast, see TLR’s own records, which clearly show that Justice Chin was a member of CAUSE’s Advisory Council in 2010.

According to individuals familiar with the matter who requested anonymity, Victor King, CAUSE’s legal counsel, has been advised of the situation. As a service to the community, we publish below the letter sent to Mr. King informing him of the pertinent facts:

Dear Mr King:

A few weeks ago, I filed a complaint with the California Commission on Judicial Performance against California Supreme Court Associate Justice Hon. Ming W. Chin. The basis of the complaint was his involvement with the Center for Asian Americans United for Self Empowerment ("CAUSE"), an entity for which you serve as legal counsel.

Prior to filing the complaint, I visited CAUSE’s web-site on multiple occasions and observed that Justice Chin’s name appeared under the heading of Honorary Advisory Counsel. Recently, however, while viewing CAUSE’s website, I noticed that Justice Chin’s name has been removed from the list for the years of 2010 and 2011.

If, as I am assuming, subsequent to the my filing of the complaint Justice Chin decided to part ways with CAUSE, which resulted in the removal of his name from the roll for 2011, this would constitute, at least to me, an accurate statement of facts regarding his involvement with CAUSE, technically speaking.

However, the retroactive removal of Justice Chin’s name for 2010 is misleading as it is factually incorrect. Additionally, it hurts and diminishes the credibility of CAUSE and Justice Chin, as well as creating the impression that the complaint I filed lacks factual basis.

In addition, this action hurts the fair administration of justice by the California Supreme Court as parties who appear (or appeared) before the Court may wish to rely on Justice Chin’s involvement with CAUSE for disqualification purposes.

My assumption is that Justice Chin’s name was removed from the 2010 roll as a result of a technical error. As such, I ask that you take the appropriate actions which would result in honest and accurate information being conveyed to individuals who visit CAUSE’s web-site concerning Justice Chin’s past and present involvement with the organization.

Also, it would be helpful if you could confirm to me whether I am correct in my assumption that CAUSE and Justice Chin are no longer associated with each other, and the exact dates Justice Chin was associated with CAUSE.

Please note that I possess undeniable proof to support the complaint filed against Justice Chin. If CAUSE chooses not to take the requested corrective action within 10 days, I shall explore taking action consistent with and authorized by law.