REMOVE JUDGE DAVID COHN FROM THE BENCH
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Judge David Cohn of the San Bernardino Superior Court should be removed from the Bench for his Willful and Malicious Violations of the California Code of Judicial Ethics.
Judicial Cannon # 1 provides : A judge shall uphold the integrity and independence of the judiciary.
Judicial Cannon # 2 provides : A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities.
Judicial Cannon # 3 provides : A judge shall perform the duties of judicial office impartially, competently, and diligently.
Judicial Cannon # 6 provides : Compliance with the code of ethics.
All parties appearing before the courts are entitled to Due Process. That Due Process consists of two inherent rights ... the inherent right to a ruling on the merits, and the inherent right to a hearing before an impartial jurist. When judges willfully and maliciously deprive parties of those rights they fail the legal system, and they fail the people which they represent. We are a society governed by laws and we just cannot allow that system to be eroded by corrupted judges.
Cohn is one of the most willfully corrupted judges in San Bernardino County, and he must be held accountable for his utter disrespect of the Rule of Law ... which he has sworn an oath to uphold. Of grave concern is the fact that many observers and legal professionals believe that this is a judge compromised with an onset neurological condition, possibly dementia/alzheimer's disease. We believe so also, its more than just his Obstruction, Bias, and Prejudice, far more.
Recently he has attacked an Animal Shelter in his attempt to seek retaliation against its founder Kele Younger for filing complaints against him and a few of his Corrupted Judicial Cronies. Those Corrupted Judicial Cronies include Judge Gilbert Ochoa, Judge Bryan F. Foster, and former Judge Joseph R. Brisco. Cohn has a long and sorted history of covering for his Corrupted Judicial Cronies, supporting Defendant Govt. Agencies especially when represented by the Attorney General's office, and for retaliating against anyone standing up to them. Other cases are now surfacing and we will be providing updates.
In the current Animal Shelter case, Ms. Younger's attorneys removed Judge Ochoa immediately ( 170.6 ) and the case was reassigned to the Honorable David Alverez as the Trial Judge. The case was proceeding without incident, when Cohn had the case reassigned to him. He tremoved Ms. Younger's attorneys from the case leaving her to represent herself, after paying the prior attorneys for representation. Despite the Stay of Enforcement protecting both the Shelter and the Animals, and the inherent need to continue with Judge Alvarez's Protective Court Order . . . Cohn refused to continue with that Protective Court Order. ( Court Record )
The Defendant State Agencies also failed to submit the Administrative Record despite Ms. Younger's timely request for it. In fact, she had to file a Motion requiring its production from them after six months had passed. The Defendant State Agencies admitted they no longer had most of the record. In Good Faith Ms. Younger lodged portions of the Administrative Record with the court within five days of the first hearing before Cohn ( Ca. Rules of Ct. Rule 3.1140 ). Since the Administrative Law Judge failed to conduct the required hearing it was a minimal record with no trial transcript. Regardless of the Defendants' failure to timely submit that record prior, Cohn ordered Ms. Younger to still pay the Defendants' for her own record, and threatened to dismiss her entire case if she did not. She was forced to pay approximately $700.00 hundred dollars to the Defendants under the threat of having her entire case dismissed if she did not. The Defendants then merely copied her portions of that record, cherry picked quite a bit out, and relodged that record.
The case was as open and shut as is possible and followed a related case on the same issues in the Courts north of Los Angeles and an Appellate Ruling upholding those decisions . . . Orders which Cohn arbitrarily dismissed and refused to take Judicial Notice of, although required to by law ( Evidence Code 452 ( d ) ). Those courts held ... The department's conduct in failing to consider additional waiver requests constituted "an illegal underground regulation" and characterized the the whole process as "arbitrary, capricious, entirely lacking in evidentiary support, unlawful, and procedurally unfair." The Fifth Circuit Court of Appeal further agreed upholding more than $100,000.00 dollars in attorney fees against the Department which the taxpayers are paying. Moreover, Ms. Younger filed a timely Request for Statement of Decision which Cohn also arbitrarily refused to respond to ... although again, required to by law. Trial Minute Orders in Writ Proceedings, and or a Statement of Decision ( required ) in Administrative Mandamus proceedings are generally detailed and state the reasons, codes, and supporting case law which support the court's decision. Cohn's Trial Minute Order offered nothing, utterly nothing just that the Writ was denied, and again, he refused to provide the required Statement of Decision. ( Court Record )
The Animal Shelter case is not complex litigation. California Fish and Game Code Chapter 2150 provides : 2150 ( c ) " A zoo ( defined as large commercial AZA zoos and aquariums ) is exempt from any permit requirement of this chapter ... Any California organization which is not accredited by the AZA may apply for a waiver of specified permit requirements of this chapter. " The chapter includes permit requirements for fees Section 2150.2 and inspections Section 2150.4. The California Sanctuary Association applied for a waiver of the fees which all of the AZA zoos and aquariums had received, they did not request any waiver of inspections nor microchipping etc. The plain and simple language of the chapter itself is clear and unambiguous, the department has the discretion to waive specified permit requirements of that chapter ( in this instance fees ) for " Any California organization " like Small Business Animal Shelters just as it had done for large commercial State Municipality owned AZA zoos and aquariums. Instead, the Defendant State Agencies allege, " Any California organization " does not mean any, and that they did not have the discretion to waive specified permit requirements of that chapter for other facilities.
In further support of the Department's ability to waive specified permit requirements ... California Code of Regulations Chapter 671.1 Section 671.1 ( b ) provides ; " Permits and Fees. The following permits have fees ... The department may issue permits and amend existing permits with the conditions it determines are necessary to protect native wildlife, agricultural interest, animal welfare, and health and safety. " Section 671.1 (b)(10) provides : " Shelter. The permit fee may be waived ... when determined in the best interest of the public, the animals, or the department to do so." Again the plain and simple language of the chapter is clear and unambiguous, the department may issue and amend existing permits with the " conditions " it determines best protect native wildlife and animal welfare, which may include a waiver of fees for Small Business Animals Shelters ( like they had done for all of the multi million dollar AZA zoos and aquariums ). After losing in all of the other courts, the Defendant State Agencies finally agreed and waived the minimal Permit and Application fees but refused to waive the inspection fees which were more than quadruple the Federal fees ... and which can be assessed numerous times annually. But Cohn wanted more retaliation against Ms. Younger, at trial he lectured the Defendant State Agencies instructing them not to waive the application fee for her either ... utterly unconscionable. California Small Business Animal Shelters save the lives of animals everyday in this State, and with no funding whatsoever from the State. They raise their own funding and often go into to their own pockets to protect and save animals ... and all of this after the Defendant State Agencies had already engaged in a legally binding contract with Ms. Younger for a waiver of all fees, evidence which Cohn also refused to address.
Cohn was provided with those regulatory codes more than a hundred times in briefs and in the Administrative Record, and with evidence of that legally binding contract prior to trial ... yet at trial he alleged to not have any knowledge whatsoever of Chapter 2150 or Section 671.1 ( b ), and that legally binding contract. Further, he refused to address the unconscionable conduct of the Administrative Law Judge who willfully violated Due Process by refusing to conduct the required hearing ( Govt. Code Section 11500 et. seq. ) in the underlying proceedings and instead, issued a proposed decision behind closed doors, which the Commission of Fish and Game then adopted behind closed doors in " Executive Session " with no Due Process which led to the unlawful revocation of State Licenses. Cohn simply moaned at trial ... "Well, lets not worry about that." ( Court Transcript ) ... disgraceful, Cohn was utterly disgraceful. When he was challenged by Ms. Younger on these and other issues he became flustered, lost, bewildered, and retreated to chambers and improperly denied the Writ, once again Obstructing Justice to benefit Defendant Government Agencies which he has a long and sorted history of doing. Moreover, Defendant Govt. Agencies have ensured a bench trial for themselves, no jury trial ...
Ms. Younger's facility and other similar facilities now face unwarranted closure, and worse ... the destruction of these Extraordinary Endangered Species due to the Malicious and Willful Obstruction of Justice by Cohn, his Judicial Cronies, and corrupted Defendant State Agencies.
This type of corruption is sickening and can only continue when as a society ... we fail to act. This case follows in the footsteps of another case involving yet another one of Cohn's Infamous Judicial Cronies. In that case a judge willfully refused to issue a Protective Order for a young mother and her infant son when clearly warranted ... resulting in that infant being murdered by the father shortly afterwards. Despite the horrendous indifference to human life asserted by that judge, Cohn and his Judicial Cronies rallied to protect him ( one of their own ), but it was in vein. The voter's removed Judge Lemkau at the polls. Please sign this Petition and help us to save these Extraordinary Animals, and to get this " Corrupted Judge " off of the bench also. #TIMEISUP for these Corrupted, Obstructionist, Predatory judges eroding our legal system.
Help us to save these Extraordinary Endangered Species ! www.themagicjungleinc.org
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