Zwartz Talk

Silence Can Become Complicity in Evil

by Scott Zwartz
May 24, 2017

The Corrosive Effect of a Corrupt Judiciary on Society

Although we recognize the symptoms of the flu, few people understand how the flu operates within our bodies to make us ill. Even if we know that the flu is a virus rather than a bacteria, most people are unable to provide a coherent explanation of the biological mechanisms by which the virus makes us ill or results in our death.  Likewise, we cannot understand how the accumulation of judicial corruption breaks down societal institutions.  Just as a slight case of the flu which can be thrown off, while a heavy case can be lethal, corrupt judges have the same impact. It can be a small injustice which costs a few thousand dollars or it can result in death such as denying a person health care  Anything which destroys the justice system is truly evil and it undermines the core agreement upon which our society is based — that no man is above the law.


Thus, corrupt courts can be as debilitating to society as the flu is to an individual. The difference with a court system is that we cannot refer the sick judiciary to a specialist for a cure.  The antidote is society’s own self-awareness of what is making the judicial system dysfunctional.


Knowledge of the Corruption is the First Step in the Cure

A significant obstacle to a society’s fending off the evil influence of dishonest judges and justices is silence by those who know what is occurring.  If public health authorities kept secret the spread of the plague and encouraged people to mix and mingle as if there were no danger, millions of people will become very ill and millions could die as happened in the 1918 flu epidemic.  The same process is at work when a society is infected with judicial corruption.

The men and women who control a corrupted judicial system rely on secrecy (no cameras in the courtroom), confidentiality (the Commission on Judicial Performance), as well as abusive totalitarian tactics (jailing people who complain, disbarring attorneys, imposing absurdly high fines). Over time this corrupt behavior alienates the public.  When people become alienated from society, they take matters into their own hands, internecine hostilities (racism) and violence break out.  As we see with the psychological mechanism of repression, it is hard to predict where  injustice will cause is victims to react negatively.   After people are alienated from society,  they cease to seek compromise to solve mutual problems, but instead the see compromise is a sign of weakness.


Alienated People Do Not Cooperate with Each Other

The extreme divisions which the nation is experiencing did not spring up overnight.   The division is a product of decades of alienation.  The purpose of institutions, especially if the judicial system is to bring people together with faith that Truth and Justice are the American way. When the US Constitution was written, Benjamin Franklin drew upon the example of the Iroquois Nation to demonstrate how the long term survival of the nation which they were trying to create was dependent on internal social cohesion. The longevity which the Iroquois Nation enjoyed,  Franklin explained, was linked to its cohesion over centuries. By the time that our Founding Father wrote the Constitution, the Iroquois Nation had been around for more than 330 years.
When the judiciary ceases to be the institution to promote the rule of law based upon the Constitution and instead becomes the prize to be captured by a political party or by avaricious individuals, society itself begins to disintegrate.  When the courts are filled with judges who see their function as protecting the assets of insurance companies, the average person sees that there is no justice. When parents in Family Court see the judge using the proceedings to make a profit for special psychological specialists, they become hostile and dangerous. The metal detectors at courthouses predate 9/11.  Originally, they were installed due to the violence of angry, alienated parents who had been pushed over the edge by corrupt family law judges.

“It’s something no one would dispute,” McCurley Orsinger co-founder Mike McCurley told the American Lawyer Media back in 1999, adding that he’d been shot at twice, placed on an assassination list once and “threatened more times than I can imagine…In probably no other area of the law has our court system become more aware of the tendency for violence.” The Dangerous Side of Family Law September 30, 2011 by Robert Tharp,

Family law has become a money making proposition for many judges and their cohorts including the attorney, child custody evaluators, and judges who take a share of the profits from these auxiliary services.  This You Tube video explains the ordeal to which families are subjected and how people are alienated from one of our major institutions.  People never recover from their experience in court and there is never any compensation for the Post Traumatic Stress Disorder [PTSD] the family suffers.

Judges Lock up their Critics

Similarly, people who have been through the wringer of coercive confinement in jail to compel a person to make a pay off to a judge’s buddy become alienated from the system. When an injured person sees how a judge allows the big business get away with destroying evidence, people are alienated from the system. When people see how judges make rulings contrary to law and in excess of their jurisdiction only to be told that their remedy it to “take an appeal,” they become alienated from the system. When people find out that the courts knew that Enron was based on accounting fraud but squelched the few people who sought the court’s assistance, they become alienated from the system.  Some judges will throw people into jail for no other reason than they exposed judicial wrongdoing.


When critics complain about judicial corruption, the judges use “coercive confinement” to lock up people who speak truth to power.  With “coercie confinement,” there is no jury and no criminal charges — just a crazed and angry judge who abuses his power as did Judge David Yaffe when he threw Attorney Richard I Fine into jail for 18 month.  Attorney Fine had revealed that the judges in Los Angeles County were each receiving an illegal extra $100,000 plus in salary from the County of Los Angeles and then presiding over cases where the County was a party.

Like a corral reef of evil, one injustice builds upon another injustice until individuals see society as their enemy. They may not know exactly how, but they sense in their bones that they’re being cheated. With no recourse against the liars, the cheats and the thieves whom the courts protect, the nation finds itself divided. One half succumbs to the politics of revenge, while the other half can propose no acceptable alternative. We are locked in a society where violence against others becomes increasingly common.

The Time to Start Naming the Dangers to Society Has Arrived

There is no honorable reason to keep the code of silence which allows jurists like Judge John Torribio, Justice Paul Turner, Chief Justice Tani G. Canti-Sakauye to destroy the institution which holds our society together. June 12, 2015, Tani G. Cantil-Sakauye – Chief Justice Implicated in California Court Corruption Epidemic

Judge Gregory Alarcon (LA County), Judge Holly Fujie (LA County), Judge Mary Ann Murphy (LA County), Judge James Kaddo (LA County), Judge David Chaffee (Orange County), Judge Charles Rogers (San Diego County), and many other judges can thank Justice Paul Turner for the continuing expose of their misdeeds.


While the Commissions on Judicial Performance see their function to protect and perpetuate this corrupt system, people do not have to remain silent.  The more people can identify the culprits as soon as they walk into court, the more likely the public can make life too hot for the crooks — it’s a long process which is just beginning.  There are many websites out there and there have to be some near your home.


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