Wednesday, March 10, 2010

Judge Judith Hayes made a mistake of law on Feb. 19, 2010

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.

1 comment:

Anonymous said...

that is not only mistake of law she made, She is dumb and dishonest. she w0uld not know the law if it hit her in the face. she believe the clerk in her court is her servant and the court reporter in the court room is hers too. perhaps she does not realize that that thesewomen although loyal to her above and beyond normal are civil servants. another stupid, unfair,bias judge. one that should be reported to the judicial conduct board. i urged you to do that with your case.