Very informative article. A few questions for the Counselor:
Why has the Judiciary become seemingly overwhelmed with activism, legislating from the bench, holding a thumb on the scales of justice and in effect, becoming activists in black robes? So outrageous, even to the point of one Wisconsin Judge assisting criminals escape capture by ICE agents by sneaking out the back door of the courthouse!
Why have many of the Presidents Executive Orders been challenged by these activists Judges? Overturning defunding of PBS, NPR, restarting Sable oil production, even remodeling of the Whitehouse ballroom are all challenged by Judges with obvious political animosity towards the President. The number of judicial challenges of Presidential EO is staggering, unprecedented and appears to be in conflict with separation of powers.
How is it that the very competency of Judges are now in question? The bizarre statements made by Justice Ketanji Brown Jackson is baffling, puts into question her knowledge on issues as basic as biology and appears to be in lockstep with her radical ideology.
How is it that court dockets have become overwhelmed by hearing cases involving illegal immigrants backing up the process for years and denying justice for legal citizens? What percentage of cases heard in SBCO courts involve those here illegally?
Who sits on the bench is more critical than ever before. Careful review, and vetting of Judges has never been this important, not merely rubber stamping for ideological bias.
Judges are government employees too. Their court staff are government employee union members. Thus their "activist" toxicity comes along with their prevailing political affiliations.
I read this JUSTICE JUDGE article title "Justice Delayed is Justice Denied"
By Luis Esparza and I have a supporting title as follows
"No Justice for Those That Are Not the Connected Elite"
I quote from Mr. Esparza "I have witnessed the quiet human cost of these delays. One memorable case involved a local family business owner who nearly lost everything because of a straightforward legal dispute sitting on the docket for nearly three years while the calendar remained jammed"
How about lawfare cases being litigated for ten yours for legal fees for attorneys?
How about Billions of Dollars going thru the California Courts making the Elite Attorneys rich.
It is happening right here in your Lovely Lil Ole Beach Town of Santa Barbara and its destroying
businesses, families and the entire Santa Barbara Community.
Your article an excellent starting summation of issues. Why vote for you? Tell us: What’s your proposed solutions for public consideration?
1) Expand the number of judges hearing cases?
2) Make public all litigation to enable voters to spend hundreds of hours reviewing cases and decisions to be in position to vote responsibly to hold each judge accountable for their decisions?
3) Post number of cases (criminal, civil, family) heard, number appealed? How are we supposed to know anything when there’s privacy, secrecy, collusion, and known judiciary errors, including fraud. (Life and property confiscation.)
Face it: the judiciary is for the super rich who can afford $600+ an hour and $100K+ retainer; or for the very poor with an appointed public defender. Family law is totally in need of restructuring: the wealthier of the couple who has legal council prevails, the FT Parent loses financially but typically gets the kids — the desired win for Moms (some or most).
Kids lose in divorce. Their lives take a step back with a wound that never heals. If you’re a judge, what age or factors will determine your decision to allow the minor child to choose which parent to award custody: physical and/or legal? Will you privately interview each child or rely of the recommendation of a third party?
I spent 3-weeks, 8 hours a day at the Ventura County Appelate Court reviewing appeal cases to learn about our local Superior Court judges. Appeals cost serious money. Three judges have far too many of their cases appealed. Is that because of bad lawyering, or their incompetency, or a client’s financial ability to continue the fight?
How can any voter not involved in the legal profession, or with actual court experience know who to vote for on the bench? We don’t even know who is who of local lawyers. Shopping for the right lawyer is costly, and most of us initially are under-informed consumers. I do think high schools need to offer an optional course in law; and every college grad needs exposure to how our legal system works.
Your article fails to differentiate you from the others. WHY vote for you? Anderle is old, hard of hearing but few of his case are appealed because he’s solid although in his mid-eighties. The 3 judges who need to be replaced require challengers with legal depth of knowledge, and known positions.
There are too few judges, too many lawyers, outnumbered by millions of ignorants like me needing high quality, topic specific representation.
93108: Time for an independent inspectors general, which investigates exactly what you were required to do on your own, showing varying degrees of legal competence within our local judiciary, just by their on appeal win/loss columns. Objective and data driven, that perhaps even AI can now accomplish.
My “fear” is so-called independent inspector generals are biased as per who appointed them. Look at FCMAT (fiscal crisis management assessment team) for public schools. It’s not independent (union controlled) although that’s why decades ago the legislature created and approved it. Moreover, public is blocked from access despite evidence of fraud. The system is broken. How can it be fixed? Start by eliminating public employee unions!
Thankfully I have had little experience with lawsuits, but like every business owner and home owner I live in fear of liability lawsuits that can destroy equity and livelihood. General George S Patton Jr is quoted as advising "Never take counsel of your fears." And being a prosperity conscious Californian I try to live by The Secret that says your thoughts call to yourself what you wish to Manifest. But the truth is any of us is vulnerable to the evil intents of those who live looking for a wet place to slip. We carry insurance, practice mindfullness, and yet should fate decree evil karma any of us can end up in a situation where plea-bargaining our way out of a legal nightmare is our only hope.
Well stated Pat: they prey on our fear. We live in fear, overpay for insurance, that abandons or cancels clients when a claim is filed. Moreover, some local lawyers are rotten to the core (ambulance chasers).
A dirty little secret is how much of the legal profession is in fact an active co-conspirator with the insurance industry: either suing insurance policies or defending insurance polices. This allows the insurance industry also to scare their customers at policy renewal time ...... did you hear the size of a recent court judgement, you need to raise your current policy limits. Woe.
You raise important issues and I thank you. However, intentionally creating "vacancies" leading to judicial appointments in lieu of elections is very much part of the game as well. It does not just start with the vacancy A premature "retirement" allows an appointment in lieu of an election, also keeps this current system going.
Plus the chilling effect faced by anyone opposing a sitting justice will face in a lost election. Let alone the inherent conflict supporting or opposing any judicial candidate in a contested election, that requires campaign fund-raising. No easy answers here at all, but each element also contributes to your description of the potential malaise built into the current system.
Additionally may I also add, to some of your other comments, there is a two-way duty for our "diverse community" to also become fluent in the local language of their chosen place of residence. Many ESL courses are offered for free through local adult education programs.
It behooves one to also sit in on any public trial in our lovely court house. Count how many highly-compensated personnel are required to be in place before the judge's gavel even comes down calling the court to order: bailiffs on rotating shifts, security personnel outside the courtroom, court reporters, translators, court appointed lawyers, prosecutors, jury duty screening personnel ........
Thank you for raising these important issues. Owen Marshall, Counselor at Law, no longer operates from the Santa Barbara County Courthouse, any more than Dr. Marcus Welby operates out of Cottage Hospital: referencing two aged TV programs which created romantic myths about both professions.
The legal and judicial system is the largest single threat to America today. Our entire legal and judicial system has been weaponized at great expense to America and Americans. The legal system no longer functions to produce fair results. It has two goals. One to be used as a political or personal weapon, and 2) to provide jobs and income for the legal and judicial system. None of that is intended to be efficient, or fair, or to better the world. We need ground up legal form and efficient methods of punishing attorneys for pushing essentialy groundless cases designed to bleed the opponent dry or stifle a political party, and we need an efficient method to remove rogue political activists posing as judges.
BTW: Public tends to be unaware judicial cases may not be even read by the judge; rulings may not be written by the presiding judge either. Rather, the work is done by the behind the scenes unknown clerk(s). One way to be heard is to get the ear of the clerks, once you figure out who they are. (Suggestion: Spend time in the Courthouse law library.) Tentative rulings are often the Judges final ruling but if errors or points of contention, it’s worth submitting a response. We need more candidate info.
This article tells me nothing about Luis that would convince me to vote for him. As superior court judge would he be able to do anything to speed up the process? I doubt it. In order to get my vote I want to know more about your ideology. I think most readers here would want to know about your past and what you consider important and who you support politically. Did you get into USC as a diversity student with tuition paid? I know it is a non partisan position but we have seen so much partisan politics creep into the judicial system that we want to know your politics. What does it mean serving the needs of a diverse community? Diversity should have nothing to do with justice, she is blind. Honestly, this write up makes me believe Luis is just another Democrat partisan hack seeking the tit of the government coffers.
Brutal...however very legitimate questions Jeff. The "diverse" comment was a flag for anyone over the age of twelve. I look for the day being "bi-lingual" is no longer necessary or regarded as asset to conduct business within your own community or have a conversation with your neighbor or a store clerk...everybody benefits...especially the English speaker.
Your inquiry regarding Mr. Esparza's admission to law school, etc., point to the elephant in the room...yet another negative aspect of DEI policies. Ironically...and often unfairly...minorities who earn success are associated with DEI and the attendant lowering of the bar. The road is littered with failed DEI beneficiaries as well as those missing opportunities because of the happenstance of birth...not being a member of a favored minority. I well imagine Mr. Esparza personally earned his success and thought his article addressing the topic proactively and is overdue for discussion.
Very informative article. A few questions for the Counselor:
Why has the Judiciary become seemingly overwhelmed with activism, legislating from the bench, holding a thumb on the scales of justice and in effect, becoming activists in black robes? So outrageous, even to the point of one Wisconsin Judge assisting criminals escape capture by ICE agents by sneaking out the back door of the courthouse!
Why have many of the Presidents Executive Orders been challenged by these activists Judges? Overturning defunding of PBS, NPR, restarting Sable oil production, even remodeling of the Whitehouse ballroom are all challenged by Judges with obvious political animosity towards the President. The number of judicial challenges of Presidential EO is staggering, unprecedented and appears to be in conflict with separation of powers.
How is it that the very competency of Judges are now in question? The bizarre statements made by Justice Ketanji Brown Jackson is baffling, puts into question her knowledge on issues as basic as biology and appears to be in lockstep with her radical ideology.
How is it that court dockets have become overwhelmed by hearing cases involving illegal immigrants backing up the process for years and denying justice for legal citizens? What percentage of cases heard in SBCO courts involve those here illegally?
Who sits on the bench is more critical than ever before. Careful review, and vetting of Judges has never been this important, not merely rubber stamping for ideological bias.
https://www.judicialwatch.org/tag/california/
I think we all would like to hear what the councilor thinks about these questions. But will we?
And Luis wants your vote without giving us any idea of his ideology.
Seems like he likes pot shops. This is from his try at City Council run.
https://www.independent.com/2015/10/01/city-council-race-its-dog-fight/
Judges are government employees too. Their court staff are government employee union members. Thus their "activist" toxicity comes along with their prevailing political affiliations.
I read this JUSTICE JUDGE article title "Justice Delayed is Justice Denied"
By Luis Esparza and I have a supporting title as follows
"No Justice for Those That Are Not the Connected Elite"
I quote from Mr. Esparza "I have witnessed the quiet human cost of these delays. One memorable case involved a local family business owner who nearly lost everything because of a straightforward legal dispute sitting on the docket for nearly three years while the calendar remained jammed"
How about lawfare cases being litigated for ten yours for legal fees for attorneys?
How about Billions of Dollars going thru the California Courts making the Elite Attorneys rich.
It is happening right here in your Lovely Lil Ole Beach Town of Santa Barbara and its destroying
businesses, families and the entire Santa Barbara Community.
Howard Walther, Member of a Military Family
Your article an excellent starting summation of issues. Why vote for you? Tell us: What’s your proposed solutions for public consideration?
1) Expand the number of judges hearing cases?
2) Make public all litigation to enable voters to spend hundreds of hours reviewing cases and decisions to be in position to vote responsibly to hold each judge accountable for their decisions?
3) Post number of cases (criminal, civil, family) heard, number appealed? How are we supposed to know anything when there’s privacy, secrecy, collusion, and known judiciary errors, including fraud. (Life and property confiscation.)
Face it: the judiciary is for the super rich who can afford $600+ an hour and $100K+ retainer; or for the very poor with an appointed public defender. Family law is totally in need of restructuring: the wealthier of the couple who has legal council prevails, the FT Parent loses financially but typically gets the kids — the desired win for Moms (some or most).
Kids lose in divorce. Their lives take a step back with a wound that never heals. If you’re a judge, what age or factors will determine your decision to allow the minor child to choose which parent to award custody: physical and/or legal? Will you privately interview each child or rely of the recommendation of a third party?
I spent 3-weeks, 8 hours a day at the Ventura County Appelate Court reviewing appeal cases to learn about our local Superior Court judges. Appeals cost serious money. Three judges have far too many of their cases appealed. Is that because of bad lawyering, or their incompetency, or a client’s financial ability to continue the fight?
How can any voter not involved in the legal profession, or with actual court experience know who to vote for on the bench? We don’t even know who is who of local lawyers. Shopping for the right lawyer is costly, and most of us initially are under-informed consumers. I do think high schools need to offer an optional course in law; and every college grad needs exposure to how our legal system works.
Your article fails to differentiate you from the others. WHY vote for you? Anderle is old, hard of hearing but few of his case are appealed because he’s solid although in his mid-eighties. The 3 judges who need to be replaced require challengers with legal depth of knowledge, and known positions.
There are too few judges, too many lawyers, outnumbered by millions of ignorants like me needing high quality, topic specific representation.
93108: Time for an independent inspectors general, which investigates exactly what you were required to do on your own, showing varying degrees of legal competence within our local judiciary, just by their on appeal win/loss columns. Objective and data driven, that perhaps even AI can now accomplish.
My “fear” is so-called independent inspector generals are biased as per who appointed them. Look at FCMAT (fiscal crisis management assessment team) for public schools. It’s not independent (union controlled) although that’s why decades ago the legislature created and approved it. Moreover, public is blocked from access despite evidence of fraud. The system is broken. How can it be fixed? Start by eliminating public employee unions!
What about illegals?
Thankfully I have had little experience with lawsuits, but like every business owner and home owner I live in fear of liability lawsuits that can destroy equity and livelihood. General George S Patton Jr is quoted as advising "Never take counsel of your fears." And being a prosperity conscious Californian I try to live by The Secret that says your thoughts call to yourself what you wish to Manifest. But the truth is any of us is vulnerable to the evil intents of those who live looking for a wet place to slip. We carry insurance, practice mindfullness, and yet should fate decree evil karma any of us can end up in a situation where plea-bargaining our way out of a legal nightmare is our only hope.
Well stated Pat: they prey on our fear. We live in fear, overpay for insurance, that abandons or cancels clients when a claim is filed. Moreover, some local lawyers are rotten to the core (ambulance chasers).
A dirty little secret is how much of the legal profession is in fact an active co-conspirator with the insurance industry: either suing insurance policies or defending insurance polices. This allows the insurance industry also to scare their customers at policy renewal time ...... did you hear the size of a recent court judgement, you need to raise your current policy limits. Woe.
I appreciate at least a slim look into the problems in our court system.
Thanks.
You raise important issues and I thank you. However, intentionally creating "vacancies" leading to judicial appointments in lieu of elections is very much part of the game as well. It does not just start with the vacancy A premature "retirement" allows an appointment in lieu of an election, also keeps this current system going.
Plus the chilling effect faced by anyone opposing a sitting justice will face in a lost election. Let alone the inherent conflict supporting or opposing any judicial candidate in a contested election, that requires campaign fund-raising. No easy answers here at all, but each element also contributes to your description of the potential malaise built into the current system.
Additionally may I also add, to some of your other comments, there is a two-way duty for our "diverse community" to also become fluent in the local language of their chosen place of residence. Many ESL courses are offered for free through local adult education programs.
It behooves one to also sit in on any public trial in our lovely court house. Count how many highly-compensated personnel are required to be in place before the judge's gavel even comes down calling the court to order: bailiffs on rotating shifts, security personnel outside the courtroom, court reporters, translators, court appointed lawyers, prosecutors, jury duty screening personnel ........
Thank you for raising these important issues. Owen Marshall, Counselor at Law, no longer operates from the Santa Barbara County Courthouse, any more than Dr. Marcus Welby operates out of Cottage Hospital: referencing two aged TV programs which created romantic myths about both professions.
The legal and judicial system is the largest single threat to America today. Our entire legal and judicial system has been weaponized at great expense to America and Americans. The legal system no longer functions to produce fair results. It has two goals. One to be used as a political or personal weapon, and 2) to provide jobs and income for the legal and judicial system. None of that is intended to be efficient, or fair, or to better the world. We need ground up legal form and efficient methods of punishing attorneys for pushing essentialy groundless cases designed to bleed the opponent dry or stifle a political party, and we need an efficient method to remove rogue political activists posing as judges.
I hope he makes and lives up to his own statements
BTW: Public tends to be unaware judicial cases may not be even read by the judge; rulings may not be written by the presiding judge either. Rather, the work is done by the behind the scenes unknown clerk(s). One way to be heard is to get the ear of the clerks, once you figure out who they are. (Suggestion: Spend time in the Courthouse law library.) Tentative rulings are often the Judges final ruling but if errors or points of contention, it’s worth submitting a response. We need more candidate info.
This article tells me nothing about Luis that would convince me to vote for him. As superior court judge would he be able to do anything to speed up the process? I doubt it. In order to get my vote I want to know more about your ideology. I think most readers here would want to know about your past and what you consider important and who you support politically. Did you get into USC as a diversity student with tuition paid? I know it is a non partisan position but we have seen so much partisan politics creep into the judicial system that we want to know your politics. What does it mean serving the needs of a diverse community? Diversity should have nothing to do with justice, she is blind. Honestly, this write up makes me believe Luis is just another Democrat partisan hack seeking the tit of the government coffers.
Brutal...however very legitimate questions Jeff. The "diverse" comment was a flag for anyone over the age of twelve. I look for the day being "bi-lingual" is no longer necessary or regarded as asset to conduct business within your own community or have a conversation with your neighbor or a store clerk...everybody benefits...especially the English speaker.
Your inquiry regarding Mr. Esparza's admission to law school, etc., point to the elephant in the room...yet another negative aspect of DEI policies. Ironically...and often unfairly...minorities who earn success are associated with DEI and the attendant lowering of the bar. The road is littered with failed DEI beneficiaries as well as those missing opportunities because of the happenstance of birth...not being a member of a favored minority. I well imagine Mr. Esparza personally earned his success and thought his article addressing the topic proactively and is overdue for discussion.