REMOVE JUDGE DAVID COHN FROM THE BENCH
0 have signed. Let’s get to 1,000!
Judge David Cohn of the San Bernardino Superior Court should be removed from the Bench for Obstruction of Justice, and Willful, 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 inherently entitled to Due Process. That Due Process consists of two inherent rights ... the inherent right to a hearing before an impartial jurist, and the inherent right to a ruling on the merits. 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 vile, willfully corrupted judges in San Bernardino County, and he must be held accountable for his utter disrespect for 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.
In recent cases Cohn has sought retaliation against parties for filing complaints against him and a few of his Corrupted Judicial Cronies. Those Corrupted Judicial Cronies in the San Bernardino Superior Court 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 a recent Animal Shelter case Cohn had the case reassigned to him from the assigned Trial Judge, the Honorable David Alverez. Here is the Obstruction of Justice which followed :
Cohn removed the Petitioning Plaintiff's attorney from the case leaving her to represent herself against the Attorney General Of California ;
Cohn refused to continue with Judge Alverez's Protective Court Order ;
Cohn forced the Petitioning Plaintiff to pay for their own Administrative Record despite the requirements of Cal. Rules of Court Rule 3.1140 after the Defendant State Agencies failed to submit the requested Record.
Cohn excluded Court Orders from related cases in Courts north of Los Angeles and an Appellate Ruling upholding those decisions. Moreover, he denied Judicial Notice of those Orders required by law pursuant to Cal. Rules of Court Rule 8.1115 ( b ) ( 2 ), Evidence Code 452 ( d ), 453. 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 indeed agreed upholding more than $100,000.00 dollars in attorney fees against the Department which the taxpayers are paying ;
To further cover his tracks in Obstructing Justice, although timely requested, Cohn refused to issue a Statement of Decision required by law pursuant to Cal. Code of Civil Procedure sections 1094.5, 632 ;
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. " Clearly, the word " any " means any. The chapter includes permit requirements for fees Section 2150.2 and inspections Section 2150.4. Cohn excluded the chapter and denied Judicial Notice. The California Sanctuary Association applied for a waiver of the fees which all of the multi million dollars AZA zoos and aquariums had received, The plain and simple language of the chapter itself is clear and unambiguous, the department has the authority 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 facilities other than AZA ;
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 as defined in section 703 ... 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. " Cleary " conditions " may be anything including but not limited to fees as specified in section 703. Cohn excluded the code and denied Judicial Notice. 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." Section 703 defines an " Application Fee, Shelter Fee, and Inspection Fee as Permit Fees. " Cohn excluded the code and denied Judicial Notice. 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 ). 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. Cohn was provided with these controlling regulatory codes more than 100 times in legal briefs and in the Administrative Record prior to Trial ;
Cohn excluded evidence which demonstrated that the Defendant State Agencies had already engaged in a legally binding agreement for a waiver of all Permit Fees including Application Fee, Shelter Fee, and Inspection Fee ;
Cohn excluded the willful, unconscionable conduct of Administrative Law Judge Coren D. Wong who willfully violated Petitioning Party's inherent Due Process right to an Administrative Hearing required by Cal. Govt. Code Section 11500 et. seq. in the underlying proceedings and instead, issued Papers Only decisions behind closed doors which the Cal. 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. Petitioning Parties statewide were denied their inherent right to an Administrative Hearing, the right to be represented by legal counsel, the right to cross examine witnesses, and the right to present witnesses. Cohn simply moaned at Trial ... "Well, lets not worry about that." ( Court Transcript ) ... disgraceful, Cohn was utterly disgraceful. When he was challenged on these and other issues he became flustered, lost, bewildered, and retreated to chambers and improperly denied the Writ.
Facilities now face unwarranted closure and worse, the destruction of Critically Endangered Wildlife Species due to the willful and malicious Obstruction of Justice by Cohn. Moreover, Cohn's Obstruction of Justice has far reaching implications on all parties confronting the arbitrary conduct of Government Agencies including their inherent right to an Administrative Hearing, their right to be represented by legal counsel, their right to confront witnesses, their right to present witnesses, their right to a Statement of Decision when timely and properly requested, their right to a hearing before an impartial jurist, and their right to a ruling on the merits. These are inherent Procedural Due Process Rights which Cohn has arbitrarily taken away and which he and a few Judicial Cronies intend to set new precedent and law by. Supreme Court Justice Honorable Sonia Sotomayor said it quite eloquently, " The task of a judge is not to make the law but rather, to merely apply the law. "
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 and Justice was served by the people, not the judiciary. The State Court Judiciary has demonstrated time and time again that it cannot be trusted to police itself. Their duty is to uphold the Rule of Law, but it is clear, their loyalties are to themselves ... you cannot effectuate Judicial Integrity and accountability by petitioning the courts. Please sign this Petition and help us to save these Extraordinary Animals, and Protect the inherent right of all Petitioning Parties to confront the arbitrary conduct of Government Agencies, and to ensure hearings before impartial jurists with rulings on the merit.
#SPEAKOUT against Corrupted, Predatory judges eroding our legal system.
Please sign and share this Petition ! God's Speed !
Today: Judith is counting on you
Judith Fisher needs your help with “California Commission On Judicial Performance : REMOVE JUDGE DAVID COHN FROM THE BENCH”. Join Judith and 881 supporters today.