Judge Judith Hayes made a mistake of law in San Diego Superior Courton February 18, 2010
California law prohibits the recording–without consent of all parties–of a “confidential communication.” (CA Penal Code Sec. 632(a)(emphasis supplied)).
The judge was concerned that I remembered what her clerk had said to me, and asked if I had recorded the conversation. I hadn't. But I did grab a scrap of paper and started taking notes when the clerk began to say repeatedly, "There is no injunction." I have received no apology from the clerk for misleading me, but I have received a $3000 contempt sanction for violating the injunction that supposedly didn't exist.
The judge had no problem with the clerk's misleading statements, although she acknowledged the accuracy of my report about the statements by saying that it seemed like I had recorded the conversation.
Then the judge made her mistake of law. She told me it would be illegal for me to record my conversation with her clerk when I called and asked for a hearing date. It seems Judge Hayes needs some law school refresher courses. There's nothing confidential about a request to a court for a hearing date.