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.
Judge David 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 law ... which he has sworn an oath to uphold.
Judge David Cohn has recently 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 Joseph R. Brisco, and Judge Bryan F. Foster.
Although Judge David Cohn alleges that prior to the current case involving the Animal Shelter he did not even know Ms. Younger and had no involvement with her in other cases ... nothing could be further from the truth. Judge David Cohn has a long and sorted history of covering for his Corrupted Judicial Cronies, supporting Defendant State Agencies represented by the Attorney General's office, and for retaliating against anyone standing up to them.
Ms. Younger had been involved prior in a case which was pending before a judge who had taken numerous campaign contributions from people he should not have and then allowed those donors, including their attorneys who were close personal friends of his to appear before him and with very favorable and very unlawful rulings. After being confronted by Ms. Younger regarding those contributions which directly affected her case, that judge denied under oath that he took those contributions. Judge David Cohn then arbitrarily denied both of the complaints filed by Ms. Younger to remove that judge from the case. ( Available for viewing ) Ms. Younger then served that judge in open court with his own campaign contribution filings. The entire case reached such a fever pitch that Judge David Cohn had to issue an Order disqualifying the entire court panel from any further involvement in the case. The judge ( who shared cases with Judge Ochoa ), later admitted to taking those campaign contributions. ( Available for viewing ) The case was transferred to a judge in another courthouse where Ms. Younger prevailed on the merits at trial, and on two later related cases.
Judge Ochoa has been involved in all but one of the cases where Ms. Younger had been involved. How is that possible, are there no other judges ? After filing complaints against Judge Ochoa and having him successfully disqualified in three of the cases, they were often reassigned to his partner judges. In one case, to avoid disqualification, Judge Ochoa's Partner Judge, Judge Joseph R. Brisco instructed his staff to falsify court minute orders alleging that Ms. Younger was present at hearings when she was not, and further, that she engaged in oral arguments against Defendants while before the court which was impossible, she was not present. Judge Brisco engaged in Ex Parte communications with Defendants' counsel without Ms. Younger even present. ( Available for viewing ) Ms. Younger filed complaints and Judge Brisco was removed from her case and from hearing cases as a temporary judge.
In an additional case Ms. Younger had been in a rather serious car accident. A drunk driver had rear ended her pushing her into head oncoming traffic and totaling her SUV. The case was assigned to Judge Bryan Foster, with a courtroom and chambers directly between Judges David Cohn and Ochoa. Judge Foster improperly denied all of Ms. Younger's discovery motions alleging that there was a Stay on Discovery for the Defendant Drunk Driver, which of course there was not. Ms. Younger requested a file stamped Court Order designating such a stay or even a court minute order. Judge Foster could not produce one but did graciously offer to " issue one that day " two months after denying her motions. He then instructed Defendant's attorneys to " take her deposition. " The Defendants had noticed her deposition twice prior and she had shown up for the deposition, when they alleged ... sorry, we are not ready to take your deposition. As a result, they were no longer permitted to take her deposition. Ms. Younger filed a brief for a Protective Order, and Judge Foster dismissed her case.
Just prior to the improper dismissal of her case by Judge Foster, Ms. Younger filed additional complaints against Judges David Cohn, Ochoa, and Foster who all shared the same open space directly behind their connecting courtrooms where they could mix and mingle daily. As a result, they were all separated from each other and moved to different departments on completely different floors in the courthouse. Unfortunately, the Honorable Presiding Judge was later appointed to the Fifth Circuit Court of Appeal and it was back to the " good ole boy " business as usual.
In the current Animal Shelter case, once again, Judge Ochoa garnered assignment to Ms. Younger's case. Ms. Younger's attorneys removed him immediately ( 170.6 ) and the case was reassigned to the Honorable David Alverez as the Trial Judge. The case was proceeding without incident, when Judge David Cohn had the case reassigned to him. He then removed Ms. Younger's attorneys from the case leaving her to represent herself, after paying the prior attorneys for representation. Judge David Cohn then wasted no time with retaliation against Ms. Younger, her facility, and the animals. Despite the existence of the Stay of Enforcement protecting both the Shelter and the Animals, and the inherent need to continue with Judge Alvarez's Protective Court Order . . . Judge David Cohn arbitrarily refused to continue with that Protective Court Order. ( Available for viewing )
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 Judge David Cohn as per code. 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, Judge David 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 then relodged that record. The case was as open and shut as is possible and followed another case on the same issues ( related case ) in the Courts north of Los Angeles and an Appellate Ruling upholding those decisions . . . all of which Judge Cohn arbitrarily threw out and refused to take Judicial Notice of, although required to by law. Moreover, Ms. Younger filed a timely Request for Statement of Decision which Judge David Cohn also arbitrarily refused to respond to ... although again, required to by law. ( Available for viewing ) Trial Minute Orders in Writ Proceedings, and or a Statement of Decision in Administrative Mandamus proceedings are generally detailed and state the reasons, codes, and supporting case law which support the court's decision. To continue covering his Obstruction Tracks, Judge David 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. ( Available for viewing )
The Animal Shelter case is not complex litigation. California Fish and Game Code Chapter 2150 provides : ( 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, but they did not request any waiver of inspections. The plain language of the chapter itself is clear and unambiguous, the department has the discretion to waive 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 a related case, two Superior Courts and a 5th Circuit Appellate Court Ruling against the Defendant State Agencies confirmed that they did indeed have such discretion. 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 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, including expanding the permit fee waiver to also include the application fee and ever escalating inspection 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 Judge David Cohn wanted more retaliation against Ms. Younger, at trial he lectured the Defendant State Agencies instructing them that they should not have waived the application fee for her either ... utterly unconscionable. California Small Business Animal Shelters save the lives of animals everyday in this State, and at no cost to the State ... they raise their own funding and often go into to their own pockets to protect and save animals.
Judge David Cohn was provided with these codes more than four dozen times in briefs and in the Administrative Record prior to trial ... yet at trial he alleged to not have any knowledge of Chapter 2150 and refused to address Section 671.1 ( b ). Further, he refused to even address the unconscionable conduct of the Administrative Law Judge who willfully violated Due Process by refusing to conduct the required hearing in the underlying proceedings and instead, issued a proposed decision behind closed doors, which the Commission of Fish and Game then also adopted behind closed doors in " Executive Session " with no Due Process. Judge David Cohn simply moaned ... " Well, lets not worry about what happened before in the underlying proceedings. " ( Court Transcript ) ... disgraceful, Judge David Cohn was utterly disgraceful. When he was challenged by Ms. Younger on these and other issues he 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, the State has ensured a bench trial for themselves, no jury trial . . . no jury of your peers . . .
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 Judge David 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 Judge David 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, Judge David 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. #TIMESUP for these Corrupted, Obstructionist judges eroding our legal system.
To learn more about this Extraordinary Wildlife Rescue please visit them @ www.themagicjungleinc.org and on YouTube @ The Big Cat Whisperer . . . Kele Younger.
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