Wednesday, May 28, 2008

SVP Trained Judges


The judges on the below list have been specially trained in SVP Law. they would be familiar with the AGs opinion, as well as the unanimous caselaw stating that Jessica's law applies to ALL Sexually Violent Predators, regardless of when the case was filed.

It is my understanding that there has been a growing resistance to the pressures placed on these jurists to violate the law. As stated, Judge C. Edward Simpson was the first to take a stand and refuse. Judge Simpson , a civil court judge, was not SVP trained, but accepted the case because of his availability to assist the SVP unit and studied the caselaw in reaching his legal conclusion

Reportedly Judge Rafael Ongenko, Judge Stephen Marcus and others have taken a stand and now are joining Simpson in refusing to violate Jessica's Law. Other judges are reportedly still being pressured into conducting illegal trials with sentences not authorized by law. The growing number of judges refusing to go along with the Cooley-Wesley stipulation is rumored to be prompting Judge Wesley to return as presiding judge of criminal courts where he intends to set up a special SVP Court that will be composed entirely of judges that will do what he instructs them to do.



ETHICS ISSUE

Judicial ethicists may be worth consulting, as this stipulation was entered into by one jurist and being forced upon other jurists through questionable tactics. It is unlikely that multiple LLA County Superior Court Judges would independently arrive at the same decision...to ignore Jessica's Law. The issue involves the question of how far judicial managers should be allowed to invade the independent judicial function of bench officers. While there is a managerial hierarchy in the LA County Court syatem, and a necessary one to deal with the logistical challenges in the county, there is a danger when the managerial function intrudes on the independent judicial discretion of judges. Each Superior Court Judge is individually elected by the people, or appointed by the Governor. None has any greater power than the other. The power of managers to transfer judges to lesser assignments is a powerful one and can be used to bend some jurists to the will of powerful managers like Judge David Wesley.