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02 October 2012

Judge Laurie Earl Misconduct: Sacramento Divorce Attorneys and Family Court Judge Pro Tems Violate Code of Judicial Ethics Without Consequences

Sacramento County Family Court News Exclusive

[UPDATED: This article contains updates for attorneys who complied with the Code

of Judicial Ethics after this article was published]

A Sacramento lawyer charges that prominent family law attorneys are unlawfully using for promotional purposes their status as part-time, temporary judges. The ethically-challenged attorneys represent a who's who of Sacramento area family law lawyers, including Camille Hemmer, Bunmi Awoniyi, Fredrick Cohen, Steven Burlingham, John Sokol, Jeffrey Posner, Mark Ambrose, Joseph Winn, Nancy Perkovich, John O'Malley and the firm Bartholomew & Wasznicky.

The California Code of Judicial Ethics [pdf] prohibits both full-time and part-time judges from using their status as a judge to advance their own financial or personal interests. For example, a judge cannot use her status as a judge to persuade a police officer not to write her a speeding ticket. Canon 2B(2) of the ethics code provides that

"A judge shall not lend the prestige of judicial office or use the judicial title in any manner, including oral or written communication, to advance the pecuniary or personal interests of the judge or others."

To continue reading, click Read more >> below... Members of the Sacramento County Bar Association Family Law Section are violating attorney ethical standards,

according to a Sacramento lawyer.

Judge Laurie Earl Lets Outlaw Judge Pro Tems Flaunt Ethics Rules

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Similar rules, including Canon 6 of the Code of Judicial Ethics apply to judge pro tems. Part-time judges are not allowed to use their status as a temporary judge in promoting their own law practice to clients and the public. Canon 6D(9)(a) of the code requires that a temporary judge

"[s]hall not use his or her title or service as a temporary judge...in an advertisement about the lawyers law firm or business, or on letterhead, business card, or other document that is distributed to the public identifying the lawyer or the lawyers law firm."

Sacramento Family Court News investigated a tip from an attorney who requested anonymity because their ability to practice law could be adversely affected if their identity were disclosed. The attorney alleged that well known family law attorneys - who also work as part-time, temporary judges - were in violation of the Code of Judicial Ethics. Our investigation and analysis of the charges indicates the claim is substantially true.

Ethical standards require that a presiding judge should reevaluate the use of and must take appropriate corrective action when a temporary judge uses that position in advertising or otherwise "to gain an advantage," according to the California Judges Association. Specific references from CJA about this issue appear after the list of attorneys, below. In April, 2012, we reported that full-time judges were failing to disclose to litigants when judge pro tem lawyers appear in a case in the judge's courtroom. The lack of disclosure also violates the Code of Judicial Ethics.

The following examples indicate that many judge pro tem attorneys apparently are flaunting without consequences the ethical standards required of temporary judges:

Steven Burlingham is an ethically-challenged family law attorney at the firm Gary, Till and Burlingham, and also works as a temporary judge in both Sacramento and Placer County Superior Court. Burlingham is a State Bar Certified Family Law Specialist, a member of the Christian Legal Society, and President of the Christian Legal Society of Sacramento. On the public website of his firm, Burlingham openly promotes his status as a temporary judge: UPDATE: After this article was published, Steven Burlingham complied with the Code of Judicial Ethics and removed from his

website the references to his judge pro tem status.

Judge Pro Tem Ethical Standards

Family law lawyer Jeffrey J. Posner Office of Temporary Judge Oath. Attorneys who also act as judge pro tems must take this oath. The oath requires the attorney to comply with Canon 6 of the Code of Judicial Ethics.

Published by the California Judges Association, the California Judicial Conduct Handbook is

considered the gold standard reference on judicial ethics.

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Camille Hemmer is an unethical Sacramento-area family law attorney who also doubles as a temporary judge. Like Burlingham, Hemmer is a State Bar Certified Family Law Specialist [pdf]. On her public website, Hemmer advertises her position as a Judge Pro Tem: UPDATE: After this article was published, Camille Hemmer complied with the Code of

Judicial Ethics and removed from her website the reference to her judge pro tem status.

Jeffrey Posner is an unethical lawyer at the firm Woodruff, O'Hair, Posner and Salinger. Posner has an impressive list of accomplishments, including a position as past chair of the Sacramento County Bar Association Family Law Executive Committee. Posner lectures, teaches and writes about family law, and is certified by the

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State Bar as a Family Law Specialist. On his firm's website, Posner wants his clients and potential clients to know he also is a judge pro tem: UPDATE: After this article was published, Jeffrey Posner complied with the Code of Judicial Ethics and

removed from his website the reference to his judge pro tem status.

Bartholomew and Waszinicky run an elaborate, full-service family law operation with ethical problems. The firm offers representation, classes and seminars on virtually every aspect of divorce. Their attorneys offer over 125 combined years of experience in California family law, according to the firm website. The site also promotes the fact that some of the firms attorneys "serve as Judges Pro Tem for the Superior Court of California in Sacramento." UPDATE: After this article was published, Bartholomew & Wasznicky complied with the Code of Judicial Ethics and removed from

their website the reference to the judge pro tem status of their attorneys.

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Another ethically challenged family law attorney certified by the State Bar as a Family Law Specialist is Fredrick Cohen. Despite the unethical use of the judge pro tem title, Cohen has earned a "BV Distinguished Peer Review Rated by Martindale-Hubble" listing for his professionalism and ethics. Contrary to the California Code of Judicial Ethics, Cohen promotes his judge pro tem status on his website: UPDATE: After this article was published, Frederick Cohen

complied with the Code of Judicial Ethics and removed from his website the reference to his judge pro tem status.

Ethically challenged lawyer Bunmi Awoniyi has been practicing family law since 1992 and is active in many professional and civic organizations. On her website, Awoniyi advertises her "pro bono" service as a temporary judge.

Fredrick CohenLaw Offices of Fredrick Cohen

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Ethically challenged Sacramento attorney Richard Sokol says he brings more than 30 years of experience to his clients. Before attending McGeorge School of Law in Sacramento, Sokol earned a Doctor of Divinity degree at Saint Johns Theologate in Camarillo, according to his website. His site also espouses his status as a "Judge Pro Tempore:"

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Unethical lawyer John O'Malley is a State Bar Certified Family Law Specialist and a partner at the firm Downey Brand. O'Malley advertises his pro tem status on his firm webpage.

Ethically challenged Sacramento divorce attorney Nancy Perkovich has been named in Best Lawyers in America every year since 2000 and in California Super Lawyers and Sacramento Magazine's Top Lawyer publications for six consecutive years, according to her website. Perkovich also wants the public to know about her part-time, temporary judge work:

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Unethical attorney Mark Ambrose is a member of the Family Law Section of the Sacramento County Bar Association and the Christian Legal Society, according to his website profile. Ambrose also advertises his status as a judge pro tem in Family Court:

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Ethically challenged divorce lawyer Joseph Winn has been a State Bar Certified Family Law Specialist since 1988, and was a Captain in the United States Air Force 1969-1974, according to the website of his firm. On Lawyers.com, Winn has a five-out-of-five overall "peer rating," because he "meets very high criteria of general ethical standards." On his firm's public site, Winn also promotes that he serves as a temporary judge in Sacramento, El Dorado and Placer County Superior Court.

Joseph WinnLaw Offices of Winn & Winn

Since at least 1997, the California Judges Association has advised its members that the Code of Judicial Ethics prohibits temporary judges from using that status to promote themselves to clients and potential clients. In addition, CJA has made clear that full-time Presiding Judges are responsible for enforcing the applicable ethical Canons. For example, in a January, 1997 Ethics Update [pdf], the CJA advised:

The Association again gave a similar admonition in 2001:

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Posted by PelicanBriefed at 9:42 PM

Labels: BARTHOLOMEW and WASZNICKY, CAMILLE HEMMER, CONFLICT OF INTEREST, FLEC, FREDRICK COHEN, JEFFREY

POSNER, JUDGE PRO TEM, JUDICIAL MISCONDUCT, LAURIE M. EARL, NANCY PERKOVICH, RICHARD SOKOL, SCBA, STEVEN

BURLINGHAM

Location: Family Courthouse

And two years ago, CJA designated an exception to the rule [pdf] where an attorney contributes a chapter to a legal publication. The key distinction, CJA emphasized, is using the judge pro tem title publicly, or privately - in a context intended only for fellow lawyers:

"It is apparent that the Code of Judicial Ethics is violated by an attorney who promotes their pro tem status on a firm website," our source said. "What could be more public?"

Related Content:Judge Pro Tem List Published by Sacramento County Family Court News.Full-Time Judges Fail To Disclose Attorney Temporary Judges.

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