CA Real Budget Sin: Spending Too Little, Not Too Much … Here’s Proof!

CONNECTING CALIFORNIA--We have reached the high holy days of California’s budget season, as our governor and legislative leaders decide which programs will gain new life, and which will be sacrificed. And so our state government’s ministers have begun their ritual sermons on the dangers of overspending. (Photo: California’s Oroville Dam, the nation’s tallest.)

They are preaching nonsense. California’s real problem is underspending.

Go ahead and dismiss my claim as blasphemy. After so many years of budget crises and big deficits, Californians have adopted a budget theology grounded in self-flagellation, even though our recent budgets contain small surpluses. You can probably recite the catechism yourself: We’re still sinners who spend too much on state services! Far more than we take in! So save us, Non-Denominational Higher Power, from our profligate selves! Punish us with budget cuts or spending limits or a rainy day fund!

I’m sorry, but what our spending religion really needs is reformation.

And that requires genuine revelation. Our state’s tendency to produce big deficits is not caused by big spending. We have had big deficits because our state budget is based on volatile formulas that tend to expand deficits in unpredictable ways. In fact, California has long been on par with other states in expenditures per capita and in spending as a percentage of state GDP. Still, we cling to our budget religion and, fearing overspending, we take the cheaper path—which often costs the state more money in the long run.

The problems of underspending are most obvious when it comes to pension obligations. California governments and employees have long spent too little money on contributions to pension funds, which are underfunded. So, to try to catch up to our pension obligations, California taxpayers are having to make much bigger contributions now. And those catch-up contributions are leading to even more underspending on critical services, as money that should go to schools or health care or infrastructure is used to cover pensions.

The costliness of underspending is also the story behind rising public higher education costs in California. Over generations, the state has cut back its relative contribution to the University of California and California State University systems. This underspending has been made up for in part with ever-higher tuition fees for students. And, despite what you may read, the latest UC scandal is also about underspending; a state audit’s central allegation is that UC’s office of the president accumulated more than $100 million in funds that it wasn’t spending.

That scandal reveals a hypocrisy in our budget religion; overspending may be the stated enemy, but underspending gets you into far more trouble. The state parks department kept a secret reserve of unspent funds that became a major scandal in 2012. In California’s prisons, underspending led to an intervention by the federal courts, which ordered the state to spend more on its unconstitutionally overcrowded prisons and reduce its prison population.

Our state’s leaders understand the problem with underspending, but they haven’t been successful at explaining the problem, credibly, to the public. It also hasn’t helped that when state officials do need to spend big, they haven’t been very good at it.

Underspending also explains problems with our basic services. Studies have found that the state spends tens of billions less on schools than would be necessary to provide all Californians with an adequate education. And that underspending has real costs: California is not producing enough college graduates and skilled workers.

The state has made bold promises on child care and early childhood education that it hasn’t adequately funded, leaving citizens to pay for the rest. Child care now costs more than college tuition here. And housing costs more than just about anything, in part because we’ve spent so little on housing that we have a massive shortage, which forces Californians to pay housing prices more than twice the national average.

That the state has failed for generations to spend enough to build and maintain infrastructure is obvious in the degraded condition of roads, bridges, and waterways. The state’s failure to create strong enough spillways at Oroville Dam is forcing California to make hundreds of millions of dollars’ worth of repairs and upgrades before the next rainy season.

Our state’s leaders understand the problem with underspending, but they haven’t been successful at explaining the problem, credibly, to the public. It also hasn’t helped that when state officials do need to spend big, they haven’t been very good at it. Examples include the new Bay Bridge, with its delays, cost overruns, and questions about the integrity of its steel rods, and the high-speed rail project, where spending and construction has been so slow that many people think the project will die.

In recent budgets, Gov. Jerry Brown and the legislature have sought to counter the state’s tendency to underspend now and pay later. They’ve made a great show of efforts to pay down debt. In his current budget proposal, Brown suggests making a large advance contribution to pensions now, in order to reduce liabilities later.

But that payment, unfortunately, is achieved in a questionable manner: by borrowing billions from a state special fund. As Stanford lecturer and former Schwarzenegger advisor David Crane wrote recently, since pension contributions get invested, that payment amounts to a “leveraged bet” on a stock market that Governor Brown himself has warned is overdue for a correction.

Brown has grown popular as a proselytizer of the credo that California can be managed on the cheap. That’s appealing dogma for a state whose people struggle with a very high cost of living.

But the realities of our state should remind us that successfully running California on the cheap is a fantasy that has curdled into a costly article of faith. And we parishioners are being stuck with the tab.

(Joe Mathews is Connecting California Columnist and Editor at Zócalo Public Square … where this column first appeared. Mathews is a Fellow at the Center for Social Cohesion at Arizona State University and co-author of California Crackup: How Reform Broke the Golden State and How We Can Fix It (UC Press, 2010)

-cw

City Ignores Review Panel Advice, Nixes Skid Row NC Election Complaint … Law Suit Possible

SKID ROW POLITICS- In a stunning turn of events the City of Los Angeles’ Department of Neighborhood Empowerment (DONE) issued a shocking “final determination” in the highly controversial Skid Row Neighborhood Council subdivision election which led to three election challenges that were each upheld by an Election Challenge Review Panel convened by DONE itself.

(Photo above: General Jeff Page.) 

DONE completely threw out each of the Review Panel’s recommendations, which included initiating a 60-day investigation (to possibly uncover more evidence) followed by the possibility of an entirely new election, and instead decided to certify the election results as they stood on election day, with Skid Row’s hopes of creating a much-needed neighborhood council crushed by a mere 60 votes, 826-766. 

The election challenges arose from evidence of illegal online campaign propaganda which connected to the Downtown Los Angeles Neighborhood Council (DLANC) which, if found in violation, could have resulted in an overturned election. 

How did DONE come to this seemingly out-of-nowhere decision? Let’s examine the facts. 

On April 6, the Skid Row subdivision election took place. Any challenges had to be filed within 5 days. Skid Row representatives filed 5 official election challenges, of which two were dismissed in DONE’s initial review, leaving three valid challenges. 

On April 14, a letter was issued to Skid Row NC- Formation Committee leaders and in paragraph 7 it states “The Department of Neighborhood Empowerment reviewed the election challenges, and will be convening an Election Challenge Review Panel to resolve the pending challenges”. 

Just as two of the other challenges were dismissed rather quickly by DONE, if there wasn’t sufficient evidence in the remaining three challenges, why didn’t DONE dismiss those challenges also? 

In DONE’s “final determination” letter it states, “Per Section XII of the Subdivision Election Manual, the supporting documentation for election challenges MUST prove that the alleged challenges are not only valid, but would also have made a difference in the election results for the Election Challenge Panel to have the factual basis to uphold the challenges”. 

What DONE failed to include is the very next sentence- “Challenges without such supporting documentation will AUTOMATICALLY be rejected.” 

So, again, if DONE (who in their own words) stated they reviewed each of Skid Row’s challenges, why didn’t they AUTOMATICALLY dismiss all 5 Skid Row challenges from the beginning? Instead they wasted everyone’s time, money and energy only to ultimately toss out both the Review Panel’s recommendations and subsequently Skid Row’s challenges, then at the end of the process point to reasons that were already in their control when they first reviewed the documentation but also completely contradict DONE’s logic in their final determination. Were they hoping a “negative to Skid Row” Review Panel decision would’ve been to blame so DONE wouldn’t look like the bad guys? ...Oops! 

Further, during Skid Row’s presentation before the Review Panel on May 3rd, their Formation Committee Chair revealed that DONE’s metrics used to reach an “inconclusive” determination in their initial report to the Review Panel was flawed, thus causing an incorrect determination which DONE again mistakenly referred to in it’s “final determination” letter. 

To be specific, DONE compared a “Unite DTLA” e-mail to what they wrongfully claimed was a “second” Unite DTLA e-mail. But, in fact, the second e-mail was from “DTLA United”, which thereby automatically created different outcomes in DONE’s in-house investigation. 

Their inconclusive determination was strongly based on inaccurate metrics. And instead of getting it right the second time (for their “final determination”), they, again, somehow drew the very same conclusion based on the very same metrics. 

This suggests that either DONE didn’t bother to correct it’s previous mistakes or was simply too lazy to perform the necessary due diligence. This, then, suggests severe negligence and/or dereliction of duty. 

Even further, in DONE’s “final determination” letter, in the Inappropriate Remedy section, they stated the Review Panel’s “remedy of redoing the election is not appropriate for these challenges even if they were deemed to be valid”. 

The problem with this is DONE was at the hearing (General Manager and other high-ranking staff) as was the City Attorney’s office (highest-ranking neighborhood council division staff member), yet no City officials with extensive knowledge of this process stepped in to make sure that the Review Panel, who publicly deliberated right in front of the entire audience, reached at least one qualifying remedy for each of the three upheld challenges. 

This is even more evidence of negligence and/or dereliction of duty. Either said City officials simply stood by quietly (already knowing the preferred outcome they desired and anticipating it’s arrival soon thereafter) or were stunned “like deer caught in the headlights” at what the Review Panel was in the process of concluding as a result of their determined commitment to get this right to the best of their abilities. 

Throughout all of this, it should be noted that the Review Panel, selected individually by DONE, stayed focused and engaged for the entire 5-hour hearing, including listening to public comments from over 60 “concerned citizens”, the majority of which were pro-Skid Row NC- including members of other NC’s, Skid Row residents and volunteer supporters with professional expertise. 

While there are still “tons” more reasons to marvel at DONE’s position, this article closes with this- In DONE’s Subdivision Election Manual in the Challenge Remedy section, the first sentence states “If a challenge is found to be valid, remedies will be narrowly interpreted to affect ONLY the voters, candidates or seats affected.”

 

Not only did Skid Row have “a challenge which was found to be valid”, they had THREE of them! Then, DONE’s own language implies that there is a NARROW INTERPRETATION of the wideness of the scope and range for any and all remedies which are thereby limited to affect only the voters, candidates or seats affected. 

… And DONE went away from it’s own rules, regulations and procedures and hid behind their flawed findings and improper determinations. 

No surprise that the Skid Row Neighborhood Council Formation Committee is now seeking legal representation.

 

(General Jeff … Jeff Page … is a homelessness activist and leader in Downtown Los Angeles. Jeff’s views are his own.)

Cockfighting in Los Angeles - Who’s Winning?

ANIMAL WATCH-Captain Jeff Perry of The Los Angeles County Sheriff's Department announced on May 16, that they had confiscated 7,000 birds in the largest-ever seizure of fowl used for illegal cockfighting. 

The raid was a joint effort by major agencies that included the Sheriff’s Department, LA County Animal Care and Control, LA County District Attorney, Bureau of Investigation; Humane Society of the U.S., and Society for the Prevention of Cruelty to Animals Los Angeles (spcaLA.) 

On Monday, the Sheriff’s Department served a search warrant on an 80-acre property in the 29000 block of Jackson Street in Val Verde, a rural, unincorporated area of the Santa Clarita Valley. Approximately 100 personnel from the sheriff's office, along with over 50 officers and veterinary staff from animal control were involved. 

Mobile fighting rings, gaffs (curved knives which are attached to the roosters’ feet for fighting,) medications, syringes, steroids and other items were found and confiscated at the site -- all indicative of illegal cockfighting.   

The sheriff's video of the raid takes us through the scene, from arrival to the discovery of dead roosters thrown in a garbage bag. Numerous dogs are seen running loose and in kennels, and hens are caged with numerous chicks. Officials said many of the birds were sick. 

Eric Sakach, Senior Law Enforcement Specialist for The Humane Society of the United States, described how cockfighting often "goes hand-in-hand" with such other crimes as gambling, drug-dealing, illegal gun sales and murder. 

While this site has pits for fighting, Sakach said it appears to be primarily used for breeding and selling the birds, which can be "extremely lucrative." 

Officials estimated that the sales price of these animals would range from $50 to $1,500 each, meaning this seizure could result in a total loss to the bird owners (aka "cockers") of $350,000 to $10,500,000. 

Sakach said this location had been raided in 2007, when approximately 2,700 birds were seized, but it apparently started up again and expanded. 

Marcia Mayeda, Director of LA County Animal Care and Control, emphasized in a written statement: 

Cockfighting is a serious crime. Not only is it an abusive practice in which animals suffer greatly, but cockfighting birds have been found to carry diseases that pose a threat to public health and the poultry industry. Many other serious crimes occur at cockfighting operations, including the presence of illegal drugs and weapons, child abuse and neglect, domestic violence, and physical assaults. We urge residents to report any cockfighting activities, or locations where large numbers of roosters are housed, to their local animal law-enforcement agency. 

She confirmed that approximately 36 bird owners had relinquished their animals. All the dogs on the property were also relinquished and are receiving veterinary care and evaluation prior to being made available for adoption. 

Captain Perry said approximately ten people were initially detained, and the property owner has been identified and is the primary suspect in the case. The investigation is ongoing and the sheriff's department anticipates making more arrests. 

California law for cockfighting is multi-faceted -- addressing animal cruelty, training animals for the purpose of fighting, possession of implements, and being a spectator at an event. There is also an important prohibition against bringing a minor to a cockfight. 

Even if only convicted of misdemeanors, the financial penalties levied against the owner of a site for the cost of the investigation, seizure and care of the animals can be enormous and can become a lien against the property. 

Captain Perry urged anyone with information about any type of animal blood-sport activity to call their local law enforcement agency.  

Anyone with information about this current investigation, is asked to contact the Sheriff's Department Community Partnerships Bureau at 323-981-5300. Any illegal animal fighting can also be reported to "Crime Stoppers" at (800) 222-TIPS (8477) or any County law-enforcement agency. 

A SECOND COCKFIGHT BUST IN LOS ANGELES THIS WEEK 

The investigation of a location in the 13000 block of Telfair Ave. in Sylmar, prompted by complaints from neighbors of noise and offensive odors, caused members of the Los Angeles City Animal Cruelty Task Force (ACTF) to obtain a search warrant. This week they discovered 454 gamefowl in what appeared to be a training site for fighting cocks, an official confirmed.  

Most of the roosters discovered were mature and had been "altered" (a procedure called, "dubbing," which involves removing the comb, wattles and sometimes earlobes of roosters.) Only about 20 of the birds were hens, and there did not appear to be a breeding operation at this location, according to the report.  

The ACTF was formed in 2005 and is made up of LAPD officers and detectives, LA Animal Services Officers, and Deputy City Attorneys. 

A petition filed on the LAPD website indicated a hearing under Penal Code Section 599aa was set for Monday, May 15. The LA Superior Court also authorized the disposition of the gamefowl, which was carried out on Friday, May 19. It is illegal to own or maintain gamefowl within the city limits of Los Angeles, an ACTF representative advised.  

The owner of the property is reportedly facing numerous misdemeanor charges, including training animals for fighting, cockfighting, and owning/maintaining gamefowl within the City limits. 

LA CITY'S ONE-ROOSTER LIMIT    

The City of Los Angeles has a one-rooster limit, with other specific allowances, introduced by then-Councilmember Janice Hahn and adopted in 2008, (Sec. 53.71 LAMC). At that time 31 surrounding municipalities had completely banned roosters or placed severe restrictions on owning them, including requiring health inspections and special permits which could be revoked upon complaint. 

Prior to its passage, City Council offices and Animal Services reported receiving hundreds of calls per month about crowing roosters all over LA. 

Officers say the LA limit has dramatically decreased the number of complaints about crowing, sanitation and odor issues related to neighbors keeping numerous (often free-roaming) roosters, as well as curtailed the incidents of cockfighting. 

The ACTF advised that they investigate all reports of more than one rooster on a property or of suspected cockfighting, and "one-by-one is assuring that no such operation exists within the city limits." 

Another restriction that discourages keeping even one rooster is that most Angelenos living in residential or commercial zones cannot meet the distance requirements (LAMC Code Sec. 40.03), which requires a rooster or any fowl capable of crowing or making "like" noises to be cooped or otherwise humanely confined 100 feet from neighboring dwelling. This distance includes attached garages and means zero free roaming.  

IS LOS ANGELES WINNING THE BATTLE AGAINST COCKFIGHTING? 

Similar to dog-fighting, cockfighting is difficult for law enforcement to effectively address unless there is an event in progress when they arrive. Neighbors are afraid to report known or suspected cockfighters because of the violent nature of the sport and its aficionados. 

Cockfighting is not a cultural or ethnic issue. It is animal cruelty in a disturbing, perverse, public display of brutality. Participation for generations does not make it an acceptable or excusable tradition. These events commonly include drugs, guns and prostitution and are often linked to human trafficking and international crime rings. 

When cockfights are held in backyards or vacant lots, the worst members of society converge upon neighborhoods where children and innocent adults also become victims of noise, violence and exposure to criminals who would not otherwise be in the community. 

Cockfighting is now illegal in all 50 states, and California has strong, comprehensive laws to address it (see below.) Law-enforcement agencies in LA city and county have committed to winning this fight -- but they will need our help. 

If you suspect cockfighting (or other cruelty to animals) in the City of Los Angeles, call the Animal Cruelty Task Force at (213) 486-0450 or provide as much information as possible -- anonymously if necessary -- to Crime Stoppers at 1-800-222-TIPS (1-800-222-8477.) 

CA Fighting-Animal Provisions Related to Cockfighting: 

                                                           

(Phyllis M. Daugherty is a former City of LA employee and a contributor to CityWatch.) Edited for CityWatch by Linda Abrams.

-cw

 

Is Alabama Hiding Evidence It Tortured Two of its Citizens?

DEATH WATCH--Before Ronald Bert Smith’s corpse grew cold – following his patently botched execution by lethal injection on December 8, 2016 – authorities in Alabama launched a campaign of obfuscation and misinformation about what happened to him. 

It began when Prison Commissioner Jeff Dunn, himself a witness to Smith’s execution, protested: “Early in the execution, Smith, with eyes closed, did cough but at no time during the execution was there observational evidence that he suffered.” 

Dunn not only doth protest too much, Dunn lied.  

Because if you credit the macabre and unambiguous accounts of the unbiased media witnesses in attendance – not only is there a great deal of “observational evidence” Smith suffered – the publicly available information suggests he suffered a painfully slow, torturous death. 

Kent Faulk, a reporter for Alabama’s largest media outlet (al.com) and a witness to previous state executions, appeared eerily pale and shaken as he questioned Dunn on camera immediately following Smith’s death. The next day, Faulk posted a piece titled, “Alabama Death Row inmate Ronald Bert Smith heaved, coughed for 13 minutes during execution”; it includes several chilling hallmarks of an execution gone wrong: 

During 13 minutes of the execution, from about 10:34 to 10:47, Smith appeared to be struggling for breath and heaved and coughed and clenched his left fist after apparently being administered the first drug in the three-drug combination. At times his left eye also appeared to be slightly open. A Department of Corrections captain performed two consciousness checks before they proceeded with administering the next two drugs to stop his breathing and heart. The consciousness tests consist of the corrections officer calling out Smith’s name, brushing his eyebrows back, and pinching him under his left arm. Smith continued to heave, gasp, and cough after the first test was performed at 10:37 p.m. and again at 10:47 p.m. After the second one, Smith’s right arm and hand moved. 

In “Witnessing death: AP reporters describe problem executions,” Kim Chandler, also a witness to Smith’s execution, described observing the exact same “observational evidence” as Faulk. Indeed, Chandler’s description of Smith’s execution only amplifies the constitutional concern it violated the Eighth Amendment’s prohibition of cruel and unusual punishment; Chandler observed that while Smith’s chest was heaving, “he had regular loud coughing,” strong evidence he was not unconscious (and not insensate) when the excruciatingly painful lethal injection drugs were administered. 

In a sharply worded op-ed for the Washington Post on May 11, David Waisel, an associate professor of anesthesia at Harvard Medical School wrote, “[t]he drugs we use for executions can cause immense pain and suffering.” Specifically, Waisel opined that “[m]ounting evidence suggests that midazolam does not anesthetize inmates during executions, as shown by movement and difficulty breathing (each a sign that someone isn’t anesthetized) long after injection[.]” 

While Waisel’s column focused on Arkansas’ assembly line executions in April – in particular, the problematic execution of Kenneth Williams – his opinion is just as trenchant and ultimately damning for the future of constitutionally kosher executions in Alabama.  

Waisel concluded: (1) “When midazolam is used, executions predictably go awry;” (2) “[V]iolent and painful executions will continue as long as we attempt to use midazolam as an aesthetic; and (3) perhaps of greatest salience as Alabama charts its next course on capital punishment: “The state’s self-serving statements that [an] execution was flawless and proceeded according to plan do not make it so, especially when numerous eyewitnesses contradict the version of events the state is promoting.”     

At the end of October of last year, I wrote that Alabama’s Department of Corrections (ADOC) and Commissioner Dunn had duped me into believing that Alabama’s second-to-last execution – the lethal injection of Christopher Brooks on January 21, 2016 – had also gone “smoothly” and according to plan. (See “Alabama’s last execution may have burned a man alive”.) Using court filings by Brooks’ federal defenders that were buttressed by affidavits from expert medical witnesses, I accused Alabama, through the false representations of Commissioner Dunn, of “painting Mr. Brooks’ execution as a peaceful passing – like he just curled up in a comfy hammock and dozed off – never to wake again.”  

Outrageously, despite mountainous waves of “observational evidence” indicating Ronald Bert Smith’s execution was botched just as Brooks’ may have been, ADOC and Commissioner Dunn are in denial-and-hide-the-ball-mode again. 

As we careen closer to the nation’s and Alabama’s next execution – that of Tommy Arthur scheduled on May 25 – Dunn and ADOC are still pigheadedly denying the objective evidence observed by the seasoned, unbiased reporters that saw Smith die -- “observational evidence” Professor Waisel has since given undeniable and absolutely odious meaning to. 

Alabama courts are complicit in the cover-up. As reported by the Associated Press on May 16, Montgomery, Alabama Circuit Judge J.R. Gaines has ruled: “Alabama can keep secret its records from recent lethal injections, including documents about [the executions of Ronald Bert Smith and Christopher Brooks].” Arthur’s lawyers had argued for the release of ADOC logs and other records indicating Smith and Brooks may have been tortured noting, “[t]he people of Alabama have a right to know what their government is doing in their name, especially when it involves taking a life.” 

Rejecting this commonsense plea for knowledge and for decency, Judge Gaines wrote: “Any release of the execution logs would be detrimental to the best interests of the public.” 

Recently I urged “conscientious, justice-loving Alabamians” to demand that Alabama’s newly appointed Attorney General Steven Marshall “investigate and publicly address the circumstances of both [Ronald Bert] Smith and [Christopher] Brooks’ deaths.” I’m making that same plea again. But this time, instead of only Alabamians, I’m inviting all conscientious, justice-loving Americans and citizens of the world to join too.  

Demand that authorities in Alabama be honest and transparent about executions. Demand that death row inmates receive effective counsel and that they be treated fairly and humanely. Demand that torture be prohibited. And, until that can be assured, if it can ever be assured, demand that Governor Kay Ivey issue a moratorium on all executions going forward. Demand that Alabama comply with the state and federal constitutions.  

Don't ask for these things. Demand them.

 

(Stephen Cooper is a former D.C. public defender who worked as an assistant federal public defender in Alabama between 2012 and 2015. He has contributed to numerous magazines and newspapers in the United States and overseas … including CityWatch. He writes full-time and lives in Woodland Hills. Follow him on Twitter @SteveCooperEsq.) Prepped for CityWatch by Linda Abrams.

-cw

LA Women: 51% of Population, 13% of City Council!

THIS IS WHAT I KNOW-The post-inaugural Women’s March in Los Angeles brought over 750,000 participants, many of whom were women. The policies of the Trump administration, coupled with a renewed sense of “can-do” has led to an increase in grassroots activism throughout Los Angeles and beyond. The Women’s March LA Foundation committed to the national organization’s 10 Actions in 100 Days. One of those actions was the formation of Huddles, groups of neighbors, friends, or colleagues gathered for postcard, e-mail, and texting campaigns, to attend town hall meetings and marches, as well as other initiatives to make their voices heard. 

We might have suspected that, despite the disappointment many women felt when Trump took office that this organization and commitment to change would bring a new breed of Year of the Woman; but at some level, the progress of women in government, both in Los Angeles and on the national stage, has not followed suit. 

In California, we do have two female senators, following Kamala Harris’s election to the Boxer seat. However, despite Los Angeles’s status as a fairly progressive city, when Monica Rodriguez (photo above-center) edged Karo Torossian for the Council District 7 seat, capturing 52,9 percent of the vote, she became ONLY the second female member of Los Angeles City Council, joining Nury Martinez who represents the East Valley. Women and girls make up 51 percent of the city’s population but are underrepresented in the City Council. 

The underrepresentation of women office holders often results in policy repercussions. Certainly, male candidates may support legislation supporting women and families -- and characterizing such issues as “women’s issues” does us no favors. We are all impacted by policies that do not support families or women’s health issues. However, female office holders may present an additional focus on these issues. For example, Nury Martinez has committed herself to fighting human trafficking, establishing, along with LAPD Operations-Valley Bureau Deputy Chief Bob Green, the bureau’s Human Trafficking Task Force, for which she secured $1 million to fund through this year. 

The current status of female representation on the Los Angeles City Council is mirrored at the federal level where women were noticeably absent from Trump appointments, with the exception of Elaine Chao (Department of Transportation) and Betsy DeVos (Department of Education.) Women were also noticeably absent from the Senate Committee on Healthcare. The GOP’s initial healthcare package excluded many services for women, including pregnancy coverage as an “essential benefit.”

The path to increase representation at the city, state, and national levels must include support for female candidates, both in outreach and in campaign financing/fundraising. 

Groups such as She Should Run, a non-partisan project created in 2008 that has grown into a movement to inspire women to run for public office, and Emily’s List connect potential candidates with resources and organizations to forward their runs. 

By supporting these organizations, we can support a more gender-balanced government at every level, which is sound policy for all of us.

 

(Beth Cone Kramer is a Los Angeles writer and a columnist for CityWatch.) Edited for CityWatch by Linda Abrams.

Post-Post-Racial America

GUEST WORDS--It's hard not being near the top of the political food chain. It's tough being white, proud, and so easily threatened by this:

As has been increasingly obvious, “Racial attitudes made a bigger difference in electing Trump than authoritarianism.” Part of that is the sense that growing ethnic and racial diversity is a threat to white supremacy and status. Not necessarily in the Klan sense, but in the societal privilege sense. “When you’re accustomed to privilege, equality feels like oppression”: 

All this anger we see from people screaming “All Lives Matter”  in response to black protesters at rallies. All this anger we see from people insisting that their “religious freedom” is being infringed because a gay couple wants to get married. All these people angry about immigrants, angry about Muslims, angry about “Happy Holidays,” angry about not being able to say bigoted things without being called a bigot... 

A poll last week indicates nationwide attitudes are definitely shifting, just ever so slowly. Like when they threw the wheel on the Titanic hard over and she kept heading straight for the iceberg for what seemed like minutes before beginning to turn.

Pew Research reported last week:  

In 2015, 17% of all U.S. newlyweds had a spouse of a different race or ethnicity, marking more than a fivefold increase since 1967, when 3% of newlyweds were intermarried, according to a new Pew Research Center analysis of U.S. Census Bureau data. In that year, the U.S. Supreme Court in the Loving v. Virginia case ruled that marriage across racial lines was legal throughout the country. Until this ruling, interracial marriages were forbidden in many states.

More broadly, one-in-ten married people in 2015 – not just those who recently married – had a spouse of a different race or ethnicity. This translates into 11 million people who were intermarried. The growth in intermarriage has coincided with shifting societal norms as Americans have become more accepting of marriages involving spouses of different races and ethnicities, even within their own families.

The most dramatic increases in intermarriage have occurred among black newlyweds. Since 1980, the share who married someone of a different race or ethnicity has more than tripled from 5% to 18%. White newlyweds, too, have experienced a rapid increase in intermarriage, with rates rising from 4% to 11%. However, despite this increase, they remain the least likely of all major racial or ethnic groups to marry someone of a different race or ethnicity. 

Furthermore (pg. 7): 

The decline in opposition to intermarriage in the longer term has been even more dramatic, a new Pew Research Center analysis of data from the General Social Survey has found. In 1990, 63% of nonblack adults surveyed said they would be very or somewhat opposed to a close relative marrying a black person; today the figure stands at 14%. Opposition to a close relative entering into an intermarriage with a spouse who is Hispanic or Asian has also declined markedly since 2000, when data regarding those groups first became available. The share of nonwhites saying they would oppose having a family member marry a white person has edged downward as well. 

Stormfront commenters were less sanguine about what that meant. One wrote,"... it just seems America is officially over. This WILL be a complete third world nation within thirty years. Absolutely finished." Strange, because when Obama became president and the T-party rose up, Ann Coulter declared "we don't have racism in America any more" like it was a good thing. Despite Pat Buchanan lamenting “The End of White America,” in Shelby v. Holder, Chief Justice John Roberts declared. “Our country has changed."

Ask black voters in North Carolina how much.

After calling for President Trump's impeachment, U.S. Rep. Al Green of Texas received racially tinged threats. He played a few voice mails for a town hall meeting Saturday: The seven-term Democrat told the crowd of about 100 people that he won't be deterred.

"We are not going to be intimidated," Green said Saturday. "We are not going to allow this to cause us to deviate from what we believe to be the right thing to do and that is to proceed with the impeachment of President Trump."

One male caller used a racial insult and threatened Green with "hanging from a tree" if he pursues impeachment. Another man left a message saying Green would be the one impeached after "a short trial" and then he would be hanged, according to the recording.

Green took to the House floor on Wednesday to say he believes Trump committed obstruction of justice and no one's above the law. 

The good news is their numbers are shrinking, but as Jesus said, bigots you have with you always. Or something.

(Tom Sullivan is a North Carolina-based writer who posts at Hullabaloo and Scrutiny Hooligans. A former columnist for the Asheville Citizen-Times, his posts have appeared at Crooks and Liars, Campaign for America's Future, Truthout.org, AlterNet, and TomPaine.org.) Prepped for CityWatch by Linda Abrams.

-cw

 

The Trouble with Judging Judges: Not Really After the ‘Bad Boys’

JUDICIAL CORRUPTION WATCH-As Ricky used to say to Lucy, “you’ve got a lot of splain’ to do.” So too does the California Commission on Judicial Performance. 

For the years 2009 through 2015, only one judge has been removed despite nearly 11,000 complaints. As regular readers know, in 2015, the federal court’s Ninth Circuit Court of Appeals complained that due to the behavior of California judges and justices, California courts have experienced an “epidemic of misconduct.” With an increasing number of complaints, averaging about 1,200 per year, the idea that over 10,000 people could be so far off mark that only one judge’s behavior was bad enough to merit removal is hard to accept. More investigation is required. 

Let’s Look at the Behavior of Some Judges over the Years. 

In 2010, the attorney for a Child Custody Evaluator appeared in Family Court to obtain an order compelling the father to cooperate in the evaluation in light of the evaluator’s suspicions that the father may have questionable conduct with his teenage daughter. The judge said that he would take the matter under submission and told the evaluator’s attorney that he could leave as the court discussed other issues not concerning the child custody evaluator with the attorneys for the divorcing parents. 

After the evaluator’s attorney had left, the judge spontaneously re-opened the issue raised by him and proceeded to fire him saying, it was not the evaluator’s business to delve into such matters and that he, the judge, would handle it the “old fashioned way,” i.e. the teenage girl would come to court and explain the situation to the judge. 

The judge then directed lawyers not to give any notice of ruling but that he would provide notice. Thus, the child custody evaluator did not know that he had been fired by the court and the judge prevented him from following up on the father’s conduct. Months later someone sent the child custody evaluator’s attorney a copy of the hearing transcript. While the evaluator’s attorney had been complaining that he had not received any order from the court, the presiding judge in the family court sent a hostile and intimidating letter. Subsequently it was clear that the presiding judge knew about the deception which was being perpetrated upon the child custody evaluation and the judge had stopped the investigation into the father’s behavior. 

Two years later, in 2012, the CJP wrote the evaluator’s attorney a letter saying, “The commission has considered the matter and taken an appropriate corrective action as to certain but not all of your allegations. Please be advised that this is the extent of the notice and disclosure allowed by rule 102(e) of the Rules of the Commission on Judicial Performance.” When the Private Admonitions for the year 2012 were consulted for this article, there is no fact pattern which fits the complaint. Thus, there had been no private reprimand. 

Since the CJP letter came in 2012, there was certainly plenty of time for the CJP to have included it in its description of 2012 cases. From the CJP files themselves, the logical conclusion is that the CJP lied to the complainant and in reality no private reprimand had been given for the judge’s re-opening the hearing and firing the child custody evaluator in order to protect the father from investigation. 

The CJP CYAs Itself by Adding the Following to its Website: 

“In order to maintain confidentiality, certain details of the cases have been omitted or obscured, making the summaries less informative than they otherwise might be, but because these summaries are intended in part to educate judges and the public and to assist judges in avoiding inappropriate conduct, the commission believes it is better to describe the conduct in abbreviated form than to omit the summaries altogether.” 

In other words, the CJP’s description of the basis of the wrongful behavior may be so vague and abbreviated, that the complainer cannot recognize his own complaint.  

CJP Allows Judges to Obstruct Justice by witness Intimidation. 

In another case dating back to 1995, the judge in a criminal case submitted a false but secret complaint to the state bar about an attorney who happened to be a witness in her court. Two weeks earlier, the District Attorney had threatened the attorney-witness that unless the witness committed perjury and testified exactly as the DA wanted some judge would get him. After it was discovered that it was the judge who had made the secret complaint (which had been worded to appear it had been made by the defendant) the CJP said that the judge had done nothing wrong in filing the false, secret complaint against the witness. The judge refused to recuse herself. 

This judge was the infamous Judge Jacqueline Connor who five years later in 2000 presided over the first trial of the Ramparts Officers and who reversed the jury convictions and acquitted them. She had previous involvement with one of the main witnesses, Officer Rafael Perez, and had reason to be angry with him. The public has no way to assess the reality behind the appearance. 

Serious Misconduct which the CJP Conceals. 

Based upon information from the data on the CJP website, there are a number of far more serious violations of both judicial ethics and law which the CJP Website ignores. 

Why do appellate court justices get to overrule trial court decisions when no one has appealed the trial court ruling? 

Why do judges and justices have the right to keep secret their ex parte communications from opposing counsel? 

Why do judges and justices get to change the facts in a case? 

Why do judges and justices get to manufacture evidence in a case? 

Why do judges and justices get to exclude attorneys from sidebars and hearings because the judges dislike the attorney for “refusing Jesus Christ?” 

Why do judges and justices get to make adverse rulings against parties because a given party’s attorney has been blacklisted for complaining about judicial misconduct? 

Why do judges and justices get to frame people for things which they did not do and then lock them up in jail for civil confinement? This practice is more widespread than previously believed and seems to be one of the prime methods the courts use to silence their critics. 

Why do judges get to ignore the fact that Prosecutors present falsified evidence? 

Why do judges get to ignore the fact that attorneys have presented perjured declarations? 

Why do appellate court justices get to communicate to trial court judges the decisions which they should make in cases? Does the use of the attorney for the superior court make the communication between the justices and the judges proper? 

Sources outside the CJP have no trouble finding these unacceptable behaviors, but the CJP seems to be blind. Or, could it be that the CJP and the judges retaliate against attorneys who make complaints. Only 3% of complaints come from attorneys, yet they are in the best position to recognize unethical conduct as opposed to an adverse decision. 

The CJP Encourages Misconduct. 

The more one looks into the Commission of Judicial Performance and the behavior of judges, one sees that the Ninth Circuit Judges understated the situation by saying that California judges and justices “turn a blind eye” to attorney misconduct. Not only do they condone and thereby encourage extreme attorney misconduct, but they themselves actively engage in outrageous behavior with impunity. 

While the various state court judges and justices can thank Justice Paul Turner for launching these series of articles, they should rest assured (or rest very uneasily) that so much additional credible information has already flowed in and the roster of miscreants has ballooned far beyond any expectation with information ranging from the San Francisco Bay Area down to San Diego. In the Internet days, reformers spread their data around the world with a few emails, forever placing the incriminating data beyond the power of the “bad boys” to retrieve and destroy. 

As the songwriters Gilman and Scott wrote (© Sony/ATV Music Publishing LLC):     

“Bad boys, bad boys

Whatcha gonna do, whatcha gonna do

When they come for you?”

(Richard Lee Abrams is a Los Angeles attorney and a CityWatch contributor. He can be reached at: [email protected]. Abrams views are his own and do not necessarily reflect the views of CityWatch.) Edited for CityWatch by Linda Abrams.

-cw

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