Dr. Sidiakina's letter of July 12, 2008 to the Justices
of the Supreme Court and the Court of Appeal of California (with some changes in formatting due to HTML
difficulties) is posted below.
Please note the
typo: California ratified Amendment XIII on December 15, 1865, not 1985.
Natalia
A. Sidiakina, PhD, MBA
746 Adobe Dr., Santa Rosa, CA 95404, Tel: (415) 302-9702, Fax: (707) 538-3729, E-mail: natalia@SelfRepresentedFool.org
Chief Justice George, Justice Baxter, Justice Chin, Justice
Corrigan, Justice Kennard,
Justice
Moreno, Justice Werdegar
The
Supreme Court of California
350 McAllister Street
San Francisco, CA 94102
Presiding
Justice Ruvolo, Associate Justice Reardon, Associate Justice Rivera,
Associate Justice Sepulveda
Court of Appeal, First Appellate District, Division Four
350 McAllister Street
San Francisco, CA 94102
CC: James Benoit
CC: Siamak Navid CC: Clerk
of Sonoma Superior Court
P.O.
Box 2979
1533 Vine Street
600 Administration Drive, Room 108
Santa Rosa, CA 95405 Belmont, CA 94002
Santa Rosa, CA 95403
July 12,
2008
RE:
The Supreme Court of California, Case S157866;
Court of Appeal, Cases
A114136, A119409, A119881, A119808, A120069;
Superior Court of Sonoma
County, Case SFL-29989.
Dear Chief Justice
George, Justice Baxter, Justice Chin, Justice Corrigan, Justice Kennard, Justice Moreno, Justice Werdegar, Presiding Justice
Ruvolo, Associate Justice Reardon, Associate Justice Rivera, and Associate Justice Sepulveda:
I declare
under the penalty of perjury under the laws of the State of California that everything I say in this letter is true and based
on my personal experiences and knowledge. The sources of my knowledge are mostly cited and I believe them to be true. Attached
copies of letters from my family doctor regarding my severe illness are true and accurate copies.
I pray for your fairness and conscience
as those qualities are the cornerstones of humanity: they were confirmed only in humans and not in other animals. Unlike all men-created and always changing laws,
fairness and conscience are as fundamental for humanity as the law of gravity for physics and the Universe. Fairness and conscience
have been carried by the human race through thousands of years and tens of religions as the simple Golden Rule: “Treat
others as you want to be treated. Don’t do to others what you would not want to be done upon yourself”.
It took me more than 5 months in
different attempts to write this letter because I had panic attacks followed by profound depression and withdrawal each time
I remembered how I was denigrated, ignored, bullied, and tortured during my divorce. Despite the medications
I’ve been taking, my energy and my abilities to concentrate, think clearly, and express myself in English, which is
my third language, have significantly deteriorated. Nonetheless, I dare to write to you because this is my last option:
you authorized this torture and you have the power to stop it. You wouldn’t want to be tortured for being ethical, honest,
intelligent and courageous, so please stop my torture.
I apologized in advance for the discomfort this letter is likely
to cause. You would not want to know that on September 14, 2007 I was tortured by one of your own
kind, the family law trial judge James Bertoli of the Sonoma Superior Court. The torture was Judge Bertoli’s
punishment to me for telling the truth and for my requests for his disqualification in my divorce litigation. According to
the Code of Civil Procedure section 170.3(c)(5), Judge Bertoli had no authority to hear and decide the merits of
my statement of his disqualification. But he did it anyway, enjoying inquisition and torturing me. During the torture, I saw
him smiling. I wonder how many family law trial judges in California have antisocial personalities and whether they ever get
tested on psychological profiles.
Dear Chief Justice George, do you remember a puddle of blood that you saw in a hallway of the main Los
Angeles courthouse a few years ago, the blood left after a physician involved in a divorce had fatally shot his wife? I wish
my husband shot me three years ago, when he started our divorce litigation, instead of forcing me to experience denigration,
humiliation, and torture for three years.
As Judge Bertoli stated on November 9, 2007, you had approved of his actions by
summarily denying my timely filed statutory Petitions for Writ, cases A114136, A119409, A119881 and my Petition for Review,
case S157866. That means that you, the highest judges of the State of California, legalized the torture.
As a result of abuse
and torture during my divorce, I have neither power nor intelligence any more: my brain functioning has profoundly deteriorated,
and I have already developed severe anxiety, panic disorder, major depression, and a post-traumatic stress disorder. I can no longer concentrate and think clearly. It is likely that after this letter
I will be punished, tortured, and send to jail for “contempt” of court. I would rather take my life than become
a slave.
Before I go, I would like you to know what I, Dr. Natalia A. Sidiakina, a Self-Represented
Fool, felt during my torture. I volunteer to be tortured again and executed if any of you would like to see for yourself what
a torture can do to an intelligent, honest, ethical, and courageous woman. I will make an excellent Guinea Pig because I used
to be extremely intelligent, educated, and focused, probably top 0.01% of the population. Recording deterioration of my brain
and personality by torture will be invaluable from the scientific point of view.
I call the hearing of September 14, 2007 before
Judge Bertoli a torture because what happened on September 14, 2007, according to the United Nations Convention
Against Torture, falls into the definition of torture. I use the word “torture” as it is appropriate even in the strictest definition
as an action causing a failure of an organ. During the torture at the hearing on September 14, 2007 and as a result of that
torture many times afterwards, I suffered severe panic attacks causing brain failures, which likely resulted in a permanent
damage to my brain.
As you know, there is no jury in the family law proceedings, and a divorce case gets assigned to one judge for all
purposes. The fundamental requirement of the due process of law is to have an unbiased and competent judge ruling in the case.
If the assigned judge is biased for any reason, the only way to have an impartial judge is to request a disqualification of
the assigned judge.
An unbiased judge has no interest in the case and, therefore, will gladly recuse himself at the request of
a party. A biased judge, to the contrary, has an interest in the outcome of the case and, therefore, wants to control the
case. A biased judge, consequently, will likely refuse to recuse himself or herself and will harbor hostility against and
seek to punish the party that requested disqualification.
After listening to Judge Bertoli at the hearings and analyzing his decision, I came to the
conclusion that Judge Bertoli suffers from some kind of cognitive impairment. Several family law attorneys practicing in Sonoma
County shared my conclusion. In fear of retaliation, no attorney dared to openly mention Judge Bertoli’s condition.
Since social behavior is a result of a complex cognition, the first signs of cognitive impairment involve inappropriate social
behavior.
My husband, Siamak
Navid, is a Muslim from Iran. He controls all community property and has access to large funds. In June of 2005, after 5.5
years of marriage, he told me that he wanted to be divorced. I did not want to go through divorce because I had a breast lump,
which doctors suspected to be a cancer, and was expecting a surgery. My husband promised to take care of me and not to litigate
the divorce. On July 3, 2005, he proposed a separation agreement, which we thoroughly discussed, agreed upon, co-wrote, and
signed. He proposed and I agreed that the divorce judgment would be based on the separation
agreement and that I would file the papers. I prepared and filed the papers a couple of weeks later. Then my husband told
me that he had changed his mind and started the litigation.
Siamak Navid has been represented by three influential family law
specialists, to whom he has paid over $100,000 and one of whom, Bruce Schwartz, was a friend of Judge Rosenfield, originally
assigned to the case. With the assistance of his attorneys, my husband punished me for his arrest for battery and domestic
violence against me, successfully concealed and misrepresented the value of his separate and community property
assets,, , , and received everything he wanted. My motions to re-open discovery were vigorously
opposed by his attorneys Bruce Schwartz and Carla Boyd, and denied by Judge Rosenfield, who stated that, despite “re-opening
discovery was in the interests of justice and equity”(VII RT 277:9-17), he would not re-open it because “the Court hears [from Carla Boyd]
…that discovery … apparently has been produced. …Ms. Sidiakina has dug a hole here…”(VII
RT 284:12-28). By the end of 2007, after I spent over $50,000 in attorney’s fees from my separate property, I had nothing
left, and my former attorneys dumped me.
After I discovered several perjuries in my husband’s Preliminary Declaration of Disclosure
and several mistakes of fact and law made by my former attorneys, on December 28, 2006, I filed a motion for trial or evidentiary
hearing on the contested issues of material facts in my case. My husband’s attorneys vigorously opposed it, and Judge
Bertoli tentatively denied it on April 12, 2007 and continued the hearing. On May 7, 2007, I filed a motion for attorney’s
fees from the community property because I physically could not represent myself. Per request of my husband’s attorney
J. Benoit, Judge Bertoli removed my motions for attorney’s fees and for trial or evidentiary hearing from the calendar.
After I called the clerk several times, my motions were scheduled AFTER my husband’s motion to enter summary judgment
according to my husband’s terms, which was filed on August 1, 2007 and scheduled for hearing on September 14, 2007.
After Judge Bertoli
denied my right to due process of law, I knew that Judge Bertoli was biased against me. At the end of May of 2007, I requested
Judge Bertoli’s disqualification, but he refused to disqualify himself. I was convinced that Judge Bertoli was personally
prejudiced against me and would not hesitate to send me to jail for filing pleading (Statement of Disqualification, filed
9/14/07 before the hearing), stating facts and logical conclusions from those facts proving that Judge Bertoli lied several
times in his declaration under the penalty of perjury in order to remain a judge in my divorce case, to punish me, and to
make decisions which my husband’s attorneys requested. The day before the hearing, I borrowed $1,000 from friends to
bail myself out of jail. I could not sleep all night before the hearing.
Shortly before the hearings of all matters on September 14,
2007, I gave the keys of my car and a $1,000 check for bail to my bankruptcy attorney Douglas Provencher, who was in the courtroom
to address the bankruptcy issues, and asked Mr. Provencher to take care of my baby dog, who was in the car during the hearing.
I told Mr. Provencher that I would hide in the parking lot and wait for him there. Mr. Provencher advised me that if I left,
the outcome would be much worse for me and I would waive any opportunity to object.
On September 14, 2007, I was self-represented whereas my husband was
represented by two influential family law attorneys, James Benoit and Carla Boyd. Judge Bertoli moved my case to the very
end, after all other hearings that day. At the beginning of the hearing, Judge Bertoli stated: “…if it’s
what I think it is [statement of disqualification], Ms. Sidiakina, you’re going to be prepared to argue as to why I
shouldn’t sanction you” (5RT 203:15-17). I expected that Judge Bertoli would punish me with all his cruelty and started having
a panic attack with severe heart pain, migraine, and stomach cramps.
After Judge Bertoli stated: “I will say to you,
Ms. Sidiakina, I have never been so insulted in my almost seven years on the bench”, I lost my breath and could not
say anything for few minutes. When I tried to speak, I had almost no voice (5RT 205:7-12). During the hearing, I advised Judge
Bertoli multiple times that I was physically unable to represent myself, that I had an anxiety attack and could not think
clearly, that I was terrified because Judge Bertoli could punish me by sending me to jail, that I could not handle Judge Bertoli’s
inquisition (5RT 205-211) . My voice and hands were trembling and I was sweating so much that my top became completely wet.
I was unable to stand.
I remained seated next to Mr. Provencher as it was the only place in the courtroom where I could remain without running out
of the courtroom. Every time I looked at Judge Bertoli, I had an impulse to vomit. I had to put on sunglasses so I could close
my eyes without exacerbating Judge Bertoli’s anger. I was terrified of the thought that I could not control my body
and could involuntarily urinate as a result of the bladder muscles spasms.
At one time during my answer to Judge Bertoli’s
interrogations, my voice broke, and I felt suffocating. Another time during the dialog between my husband’s attorney
James Benoit and Judge Bertoli, I could not breathe at all, and my heart hurt so bad that I felt I was dying. Then my brain
went blank. I don’t know how long it lasted, maybe few minutes. I lost the track of time and the dialog. Because of
fear and distress, I was unable to remember words in English and properly say what I wanted to say. I felt like a
rat that is getting repeated electric shocks in the cage that it cannot escape.
After the hearing, my body was shaking and I could barely
walk out of the courtroom. Mr. Provencher walked me to my car and spent approximately 20 minutes with me to make sure I didn’t
lose consciousness. After that, I sat in my car for another hour before I was able to drive. That night I had another panic
attack with severe chest pain, migraine and stomach cramps, and spent over 4 hours vomiting in the bathroom. Since
that hearing, every time I receive an envelope from the Sonoma Superior Court, I start having a panic attack.
To amplify the torture, the former Presiding Judge Boyd of the Sonoma Superior Court refused to properly respond
to my follow-up notice of disqualification of Judge Bertoli as a matter of law, which I personally delivered to Judge Boyd’s
chambers on October 2, 2007. I don’t know how my husband’s attorney Carla Boyd and Judge Boyd are related, but
I know that Carla Boyd intentionally violated many procedural and local rules, intentionally misrepresented the law and the facts to trial judges, committed fraud, and perfectly got away with that. Judge Bertoli denied my requests
for sanctions against her.
Former Presiding Judge Boyd violated the Code of Civil Procedure section 170.3 (c)(5)
and did not request the clerk to notify the executive officer of the Judicial Council of a need to select another judge to
decide whether Judge Bertoli’s refusal to recuse himself and his inquisition of me and torture were legally correct.
Instead, former Presiding Judge Boyd sent my follow-up notice of disqualification directly to Judge Bertoli himself, which
naturally resulted in more punishment and sanctions on October 3, 2007.
Because my husband started the litigation in our divorce, I
could not escape the courtroom, which to me represents the torture chambers. Consequently, I developed a number of brain diseases,
which in animal studies are referred to as “learned helplessness”, and in psychology and psychiatry are called “situational anxiety, panic disorder, major depression, and post-traumatic
stress disorder” (see my doctor’s letters).
Dear Chief Justice George, I trusted that you meant what you wrote yourself in Elkins v. Superior Court (Elkins)
(2007) 41 Cal.4th 1337:
“Courts must earn the public trust”. (bold added).
“… family law litigants should not be subjected to second-class
status or deprived of access to justice.” (bold added).
“When the two policies collide head-on, the strong public policy favoring
disposition on the merits outweighs the competing policy favoring judicial efficiency”. (bold added)
You expressed your concerns with “court procedures that do not permit family
law litigants to tell their story, a circumstance reported by litigants to diminish their confidence in the courts.
(Judicial Council of Cal., Admin. Off. Of Courts, Rep. on Trust and Confidence in the California Courts (2006) Phase II, pp.
31-36 [self-represented litigants [citation] express[ed] frustration that they did not have a chance to fully explain their
side of the story to the judge [citation]; [citation] public trust and confidence in the courts…..will continue
to be negatively affected [by] procedures [that] do not permit [litigants] to tell their story at some length and in their
own words [citation]”. (bold added).
Dear Chief Justice George, did you really mean what you wrote and said?
Would you like to be denied justice because you cannot afford exorbitant fees? Along with my Petition for
Review, case S157866, I filed a Request for Fee Waiver. You ignored my attached explanation why I did not have $655 for filing
fee and personally denied my request. Then you summarily denied my petition for review and authorized my torture. Over 405,000
of self-represented Californians earn less than $2,000 per month. To me and over 405,000 of Californians $655 is an exorbitant amount.
I filed 2 appeals,
cases A119808 and A120069, because there are at least 42 procedural and substantive errors that took place in the trial court.
I also filed an Application for Extension of Time to file Appellant’s Opening Briefs to August 2, 2008 because I am
severely ill as a result of abuse and torture and am physically unable to prepare 2 briefs earlier. I attached two letters
from my family doctor and my declaration to my Application for Extension of Time.
My doctor’s letter of May 29, 2008 (Attachment
1), stated: “My patient, Natalia Sidiakina, is suffering from severe migraine headaches and panic attacks. She
is [in] need of a 60 day extension until August 2, 2008 to prepare her legal papers”. (bold added).
My doctor’s
letter of April 29, 2008 (Attachment 2), stated: “It is unrealistic to expect that Ms. Sidiakina will be able
to properly represent herself in the legal writings or hearings without legal representation and without effective medications.
I am, therefore, respectfully requesting that the Court take this information into account in setting deadlines for
submission of briefs, as well as court dates.” (bold added).
Dear
Presiding Justice Ruvolo, why did you ignore my doctor’s letters and personally denied my Application for Extension
of Time? Would you like to be denied justice because you became ill at no fault of your own? I received
a notice stating that if I fail to file appeal in my case A119808 by 7/18/08, the appeal will be dismissed. I didn’t
even get a notice regarding my second appeal, case A120069. I found out on the court’s web site that my Application
for Extension of Time was denied in that case also. What happened goes against your public statements in Harding v. Collazo
(1986) 177 Cal.App.3d 1044, 1061:
“It has always been the policy of the courts in California to resolve a dispute
on the merits of the case rather than allowing a dismissal on technicality”.
I understand why my husband, Siamak
Navid, enjoys torturing me- he is a homosexual Muslim from Iran, and for him I have always been a property, a domestic slave
like his mother. In his culture, not obedient slaves must be tortured. I also understand why my husband’s
attorneys enjoy torturing me- they are making good money, my husband has paid over $100,000 for their work. I also understand
why the Sonoma County family law trial judge James Bertoli enjoys torturing me- he has some kind of cognitive impairment that
disables his cognition and makes him antisocial. Under his rule, 44 recognized gangs with over 4,500 documented members and
participants, mostly juveniles, happily flourish in Sonoma County.
But
why did you, the highest rulers of the State of California, authorize and legalize my torture and deny me a chance to present
my case? Was it a simple error or an intention? Do you really wish to promote injustice?
If it
was an error, please correct it on your own motion and stop my torture. Please reconsider your denial of
my Application for Extension of Time to File Appellant’s Opening Brief to August 2, 2008. The
trial court has an inherent power to correct its own errors on its own motion, as you said yourself in Le Francois v.
Goel (Le Fnacois) (2005) 35 Cal.4th 1094 and in In re Marriage of Barthold (2008) 158 Cal.App.4th
1301 at p.1303. If, according to you, the trial court has such inherent power, it would be an absurdity to suggest that the
high courts lack such power.
I realize that the Supreme Court has the discretion in deciding whether to review or
not a Petition for Review. But, according to the Code of Civil Procedure section 170.3(d) “the determination
of the question of the disqualification of a judge is not an appealable order and may be reviewed only by
a writ of mandate from the appropriate court of appeal…”. (bold added). Moreover, the California
Constitution, Article 6, section 14 states in part that “Decisions of the Supreme Court and courts of appeal that
determine causes shall be in writing with reasons stated”. (bold added). Thus, it is a violation
of the California law for the Court of Appeal to summarily deny the statutory Petition for Writ.
Currently, over
95% of all filed Petitions for Writ are summarily denied by the Court of Appeal in California. Due to exorbitant attorney’s
fees for preparation of a Petition for Writ (over $10,000 in most cases), the vast majority of filed Petitions for
Writ are statutory required petitions and the only way to have an issue reviewed by the Court of Appeal.
If the Court
of Appeal willfully violates the California laws, including the California Constitution, because of the lack of manpower to
speedily handle ALL cases, why would you expect the trial courts, with even fewer resources and manpower, to follow the California
law?
It is an absurdity and hypocrisy when you, the highest judges of the State of California,
ignore the California law for the sake of efficiency, but require the lowest courts and the trial judges to follow the California
law and, thus, give up efficiency.
How can you talk about “the due process of law” and at the same time authorize
prejudiced judges to rule the lives of Californians and torture them for requesting disqualification of an abusive judge?
I pray
for your conscience: Please do not betray the people of California, please do not violate the California laws. Please
consider ALL statutory Petitions for Writ on their merits, as required by law, because the majority of those petitions are
requests for review of an unlawful denial of a request for disqualification of the prejudiced trial judge. If you
adjudicate on the merits ALL filed Petitions for Writ, you will reduce your workload by more than half, because most
of Appeals will not be filed or will have significantly fewer issues to adjudicate.
Please follow the Code
of Civil Procedure section 170.3(d) and, for the sake of your own efficiency and to conserve your own time and resources,
review on the merits my timely filed statutory Petitions for Writ and stay my pending appeals until issues presented in Petitions
for Writ become adjudicated on their merits. Both my appeals, cases A119808 and A120069 will become unnecessary and,
thus, moot after you review my Petitions for Writ.
Perhaps, in your eyes I am nothing, not even a human, just an unnamed member of the low class
of self-represented litigants. You, probably, think that it was my own fault that I got married, trusted my husband, was honest,
and, consequently, became a Self-Represented Fool. I was foolish enough to believe that the truth is important and that the
trial judges should follow the California law. All my efforts to find fairness and justice in the California judicial branch
were either ignored or I was punished for telling the truth and following the written law. I learned that the family law trial
judges in California have absolute power and their word is the law.
In 2004, 80% of the family law cases had at least one unrepresented
party by the time of disposition. Since 2004, the hourly rate of attorney’s fees has gone up, whereas the economic
conditions in California deteriorated. In 2008, it is likely that more than 90% of the civil cases involving individuals have
at least one unrepresented party by the time of disposition. For millions of self-represented nothings, the California laws are unenforceable,
they exist only on paper. Is it democratic and fair to deny justice to over 90% of Californians?
Because I am a self-represented
nothing, I was denied discovery and denied a trial or an evidentiary hearing on the contested issues of material facts in
my divorce litigation in the Sonoma Superior Court. My husband, who was represented by three influential family law attorneys,
successfully concealed and misrepresented the value of his separate and community property assets and received everything
he wanted. I received what nothings deserve- denigration, intimidation, and torture. I hate violence and hope that the horror
of my divorce, the abuse and torture that I have been subjected to would get attention of the California judges and the Legislature.
What happened to me and is happening to millions of un-humanized self-represented Californians is so fundamentally wrong, unjust, and inhumane, that it reminds the treatment
of “the enemies of the working class” during Stalin in the Soviet Union and the treatment of the Jewish people
during Hitler in Germany.
One of the lessons I learned is to never be married in California because people change and it takes
just one spouse to start the divorce litigation. Then the other spouse cannot escape the courtroom, unless he or she is willing
to accept a grossly unfair settlement. Since most Californians cannot afford to pay over $50,000 for experienced family law
attorney’s services, the choice is really simple: accept an unfair settlement, i.e. give up your humanity and need for
fairness and conscience, or go through the horrors of being a self-represented litigant.
Pursuant to
the US Constitution, Amendment XIII, ratified by California on December 15, 1985, slavery is legalized
in the US and, accordingly, in California as a punishment turning all prisoners, including children, into slaves and,
consequently, property of the State of California. Legalizing torture is only a logical step in the same direction.
The current legal system in California
leads California to tyranny.
I immigrated to the US from Russia in 1994 because I believed the myths of “democracy”
and “equal access to justice” in California. I learned from my own experience that the word “demo”
in reality is “money”, and “democracy” in reality is “moneycracy”. The
phrase “equal access to justice” in reality is “equal access to judge”. When the so-called
“justice” is whatever the trial judge decides regardless of the law and the truth, it is a pure injustice.
After I was tortured,
I was foolish enough to seek justice in the Court of Appeal and the Supreme Court. There I learned again that being a self-represented
litigant is being ignored. Given exorbitant, unreasonable, and unconscionable legal fees, over 90% of Californians are currently
self-represented or will become self-represented before the conclusion of their civil litigation. That means that justice
is or will be denied to over 90% of Californians.
“… factors that can give birth to tyranny occur when groups who
seek to instill democratic and humane social values do not succeed. When a social system collapses, people will be
more open to alternatives, even those that previously seemed unattractive. Moreover, when the collapse
of a system wreaks such havoc that a regular and predictable social life becomes impossible, the promise of a rigid and hierarchical
order becomes more alluring”. (bold added).
As Chief Justice George noted several times in his public speeches, the Supreme
Court is backlogged for three years with the death penalty cases. I estimate that the Court of Appeal has less than one forth
of the human resources to review all filed cases. Consequently, less than 5% of the filed Petitions for Writ and Petitions for
Review are actually reviewed in the Court of Appeal and the Supreme Court. Due to exorbitant legal costs, most of the filed
Petitions for Writ are statutory petitions and the only way to have certain issues, such as denial of disqualification of
a trial judge, reviewed by the Court of Appeal. After a summary denial of a statutory Petition for Writ, the prejudiced
trial judge who refused to recuse himself is at liberty to do whatever he or she wants.
When the reviewing courts do not
have funds and, therefore, manpower to review all submitted cases, it is a state of anarchy and despotism. Instead of having
one tyrant, the State of California has 1,598 trial judges as tyrants. For stability, one tyrant is much
better than 1,598. Perhaps, this is exactly what is quietly happening in the State of California: the anarchy is reaching
its peak before turning into a tyranny.
If anyone wonders how an ordinary person becomes a violent abuser, the answer
is astonishingly simple: violence is an exercise of power, and power acts on humans as the drug cocaine. Researchers
define power as “an individual’s relative capacity to modify other’s states by providing or withholding
resources or administering punishments”. On the neurobiological level, addiction to power is almost identical to addiction to
cocaine. Experience of power is associated with high dopamine levels, irritability, impulsivity, aggression, stereotyped thinking,
antisocial behavior, and “awareness that one can act at will without interference or serious social consequences”.
, , , .
Power is a legalized drug: on the neurobiological level, the exercise of power,
even the feeling of power, arouses the pleasure-reward circuitry mediated by dopamine in the brain structures called
basal ganglia and specifically nucleus accumbens. The higher the power an individual has, the stronger the addiction. Power
corrupts, and absolute power corrupts absolutely, unless an individual makes consciousness efforts to steer his or her power
towards the benefits of the society.
The typical example of power addiction is the history of French Revolution and Napoleon, who
was a soldier when the revolution started and who ended the revolution and the French Republic by becoming the Emperor. “The
more power that [Napoleon] Bonoparte gets, the more he wants. And it escalates step by step. Never too much at once, always
step by step, gradually, and always with Napoleon looking back and saying, remember I am going to protect the gains of the
revolution, they are safe with me”. Shortly before crowning himself as the Emperor in 1804, Napoleon Bonoparte said: “I
have tasted command, and I cannot give it up… The Revolution is over. I am the Revolution”.
The neurotransmission of emotions of fear and vigilance initiated by stress hormones and neurotransmitters
in the brain area called amygdala can overflow and disrupt the reasoning activity in the prefrontal area of the brain.
The interplay of signals coming from different pathways and involving multiple neurotransmitters and hormones can explain
why the desire for tyranny and brutality can overcome the desire for morality and conscience.
The higher the stress the person
is experiencing, the more excited the brain areas of amygdala and the limbic system become, the more stress hormones and neurotransmitters
are released in the body, the stronger the electrochemical signals of stress hormones and neurotransmitters become. At a certain point, the brain’s cognition regions, including the prefrontal cortex, become overwhelmed by the
stress signaling. The composite signaling becomes analogous to the “white noise” in physics, specifically radio
signals transmission, when many signals interfere and make it impossible to distinguish information.
When
stress overwhelms a person, cognition gets suppressed, and a person starts behaving like a stressed animal. When
consciousness is suppressed, the ordinary people feel increased pleasure and “high” when they commit aggressive
or violent acts. That’s why during the anarchy people become extremely violent, during the times of stressful events
parents are more likely to abuse their children. After the prolonged extremely stressful events people become depressed and withdrawn
and allow all sorts of injustices take place.
There is nothing that feels better for an abused person than getting even: not only the need
for fairness gets satisfied on the cognitive level, but also the high of dopamine creates the feeling of extreme pleasure
and stress relief. There was nothing that felt better for the bullied children at Columbine High School than shooting their
torturers. There is nothing that would feel better for an abused litigant than to get even with his abuser, the trial judge.
The
simplicity of turning a dysfunctional democracy into a tyranny is astonishing. In social research experiments,
it takes less than 6 days. “The fundamental concept in social science is Power, in the same sense that Energy
is the fundamental concept in physics… The laws of social dynamics are laws which can only be stated in terms of power.”
History is rich with examples of dysfunctional democracies
turned into tyrannies: French Republic proclaimed after the French Revolution of 1792 turned into the “Reign of Terror”,
which, in combination with the war in Europe, lead to the tyranny of Napoleon, who in 1804 crowned himself as the Emperor
of the French. Napoleon frequently stated: “A man like me troubles himself little about the lives of a million men.” .
After the Russian Revolution of February 1917, the failure of the democratic Provisional Government
to establish order, in combination with the World War I, led to the seizure of power by Bolsheviks in October 1917, tyranny of Lenin and, sequentially, Stalin, and the KGB repressions. In 1929-1933,
the chaotic failure of the democratic republic of Weimar led to the election and tyranny of Hitler, the rise of Nazism, the repression of the Jewish people, and the World War II. “In
each case, the rejection of democracy can be traced back to political strategy that deliberately sought to break down groups
and strip them of power.”
At the peak of anarchy
and the trial judges’ despotism, the majority of the people of California will likely join the gangs, take their guns,
and start shooting the trial judges. Then the Governor will declare martial law, put the troops on the streets, and terminate
all civil rights. The State of California will become a tyranny.
The current legal system in California turns children into
slaves.
Children are the easiest and safest target for abuse because they cannot get even. Children abused by
their parents or relatives will never hurt their abusers because their families are the only source of love and affection
there is. In 1988, 1 of every 10 children in the US was molested by a trusted family member. Now, because of the increased stress in life (war in Iraq, high oil prices, economic
instability, etc.), the number of sexually abused children is much higher.
In California, children are the least powerful and the most discriminated and abused human
beings: they have neither free education, nor free health services, nor free legal services, and they cannot work and make
money, except in rare circumstances. Even if they make some money, their guardians or parents control the money. That’s
why abused children hurt and kill themselves: an act of hurting or killing oneself is an exercise of power. When no other
action of power is available, the ultimate power of taking your own life gives a person the highest pleasure and satisfaction.
Consequently, when abused children reach adolescence and realize that they have the power to kill themselves, they fantasize
about suicide and many of them exercise this ultimate power.
The logical chain is as follows: married parents change with time
and stop loving each other. They have extreme stress from work and life (37% of employees in the US are bullied at work) plus they have to go to the trial court to get a divorce. Parents need to provide
for their children and, consequently, over 95% of parents in California cannot afford continuous legal representation. When
parents become self-represented, they lose their human identity in the eyes of the trial judge and the court system. As non-humans,
they get denigrated, humiliated, and abused by the court system. Consequently, parents become extremely distressed and either
abuse their children or get withdrawn for many months or even years.
Lack of parental attention and prolonged stress during childhood
and adolescence make children more vulnerable to depression and addictions through epigenetic mechanisms. Prolonged stress also damages cognitive functioning and memory through epigenetic mechanisms, interfering with the normal development of the prefrontal cortex and amygdala areas
of the brain. An average divorce in California lasts about 3 years. After 3 years of abuse or neglect, children become depressed and suicidal or aggressive
and violent towards their peers, younger siblings, or pets. When they reach adolescence, they are
likely to either commit suicide or become antisocial.
Children learn the environment by following an example provided by adults. Learning and novelty
seeking behavior is necessary for survival and, therefore, is adaptable. On the neurological level, such behavior is mediated
by neurotransmitter dopamine and involves an increased activity in the pleasure-reward circuitry of the brain. Also,
learning and novelty seeking helps combat stress, anxiety, and memory loss through epigenetic mechanisms. Children feel pleasure and reward from learning and novelty seeking and some, like
many scientists, for example, can even become addicted to this behavior.
Children mostly learn by example and mimic adults by experimentation
as children prepare for adult life. Children in California will inevitably try alcohol and illegal drugs in adolescence because
adults frequently use them and they are widely available. Many juveniles will develop an addiction to alcohol and drugs simply
because they are predisposed through genetics or because their brain epigenetics makes them extremely vulnerable. Stress and resulting inhibition of cognition diminish one’s awareness of developing
an addiction. As a result of stress and addictions, children’s overall cognition and, therefore, conscience and social
behavior get suppressed. Antisocial actions lead children into the juvenile court and into jails, where children get more
abused and stressed and become more violent and antisocial.
The need to maintain security in prisons makes it necessary to have
bright lights at all times, which necessarily disturbs the natural sleeping pattern and, consequently, the development and
normal functioning of the brain regions such as amygdala, pituitary, prefrontal cortex and other areas of the brain. As a result of damaged and malfunctioning amygdala, pituitary, and prefrontal cortex,
jailed children become permanently socially disabled expressing constant aggressive and violent behavior. Finally, they become repeated offenders and end up in jails for long periods of time.
“With
at least 2,381 children sentenced to life without the possibility of parole, the US is the only remaining nation continuing
to impose the sentence, which violates international law [U.N. Convention on the Rights of the Child]. … Children
of color in the US are 10 times more likely to receive life without parole than white child offenders. In some states, including
California, the rate is 20 to 1”.
As the ultimate result, the California court system grows a huge number of imprisoned slaves,
170,000 in 2008, which, of course, is good for the tyrants and the ones who
use the slave labor.
The current legal system in California is inhumane and immoral and, as such, supports the inhumane
and immoral actions including torture.
Some of the fundamental premises of conscience and morality are that: 1) being honest is right,
2) being dishonest is wrong, and 3) promoting dishonesty is wrong and immoral.
Fair and conscientious behavior gets established in early childhood
and involves the activation of reasoning and emotion pathways in the prefrontal cortex. The honest people value the truth and the law that is based on morality and
also believe that the truth and the law matter in the trial court. That’s why the honest people choose to be honest,
choose not to break the law intentionally, try to learn the law, and come to the trial court to achieve justice. Honest
people believe that a trial judge will resolve their legal problem and, thus, elevate their suffering as much as they believe
that a doctor will resolve their health problem and elevate their physical pain.
The honest people work and earn the market rate income for
their services, unless the honest people are independently wealthy as a result of inheritance, prior achievements, prior investments,
or luck. The vast majority of Californians (over 90%) earns less than $100,000 per year before taxes and cannot afford to
pay over $50,000 for continuous legal representation and become self-represented litigants at some time during the litigation
(see footnote 27).
The dishonest people,
on the other hand, know that in the trial court the truth and the law are irrelevant, and what matters is the influence of
their attorney. That’s why the dishonest people steal, lie, and intentionally violate the law, so they can have enough
money to hire an influential attorney. The more skilled at dishonesty the person is, the more likely he/she will steal and/or
fraudulently obtain enough money to have continuous representation. As a result, almost all wily dishonest people are represented
and the vast majority of their victims, the honest people, are self-represented.
Attorneys need to make the living, and their
long-term customers are the dishonest people. The “good” attorney is the one who wins the case for his/her customer.
Attorneys need to win their cases to maintain their “good” reputation. Therefore, attorneys need to win cases
for the dishonest people. The only way to do so for an attorney is to support and advocate the position of their dishonest
customers, which necessary forces attorneys to be dishonest themselves. The dishonest and money-seeking attorneys have a direct
conflict of interest with the honest and self-represented litigants. Consequently, attorneys are biased against the honest
and self-represented litigants.
All California judges are former lawyers with at least 10 years of experience, members of
the California State Bar, as required by the California Constitution, Article 6, section 15. Therefore,
the vast majority of the California trial judges were practicing attorneys immediately prior to becoming judges. As a result,
the vast majority of the California trial judges have a strong inherent and most of the times implicit bias against the honest
and self-represented litigants. To justify mistreatment of self-represented litigants, the trial judges, like abusive parents,
project their own incompetence and dishonesty onto honest self-represented litigants.
The California trial judges do not have any motivation
to maintain their competence in the ever-changing codes, assuming they had such competence when they became the judges.
Trial judges don’t have to take tests checking their knowledge of the law. If a trial judge makes an error, whether
this error is procedural or substantive, any error is presumed “harmless” (according to the Code of Civil
Procedure section 475), and an incorrect ruling or judgment cannot be set aside unless the court finds that the ruling
resulted in a “miscarriage of justice” (according to the California Constitution, Article 6, section 13).
As I learned through
my own experience and experience of other self-represented divorcing spouses, trial judges do whatever they want regardless
of the law, and they have an absolute power because they are covered by the principle of “Judicial Immunity”,
which in reality is Judicial Impunity. Although the Court of Appeal and the Supreme Court have authority to reverse
the decisions of the trial judges, neither the Court of Appeal, nor the Supreme Court have manpower and, thus, physical ability
to review all filed cases.
So why would a trial judge bother to waste his/her precious time to learn the law when he/she is: 1)
not responsible for the consequences of his/her ignorance of the law and 2) not rewarded for the competence in the law? The
lack of motivation inevitably leads to the lack of competence. Consequently, an incompetent trial judge will always choose
the version or interpretation of the law provided by an attorney versus the reading of the statutory and case law provided
by a self-represented litigant.
Naturally, all judges see themselves as a social group as they all belong to the California
Judges Association. Human wisdom is stated in the proverb: “Birds of a feather flock together”. Research in psychology
shows that the more power a group or a particular person has, the more likely that powerful group or person will abuse that
power and intentionally inflict pain and suffering on powerless group or person. Research in neuroscience shows that, like cocaine, aggressive behavior and inflicting
pain on someone increase the levels of dopamine and, therefore, create a feeling of pleasure and reward. Addictive behaviors get established throughout lifetime and involve the activation
of pleasure and reward pathways in ventral tegmental area and nucleus accumbens.
Family law judges have practically absolute power in the trial courts. There is no jury in
the family law courts, thus, the trial judges have ample opportunity to satisfy their dopamine cravings by mistreating self-represented
spouses. Within a short period of time, as with any drug or activity which stimulates the pleasure and reward centers in the
brain, the mistreatment of self-represented litigants becomes an addiction and an absolutely necessary behavior for the family
law judges. In summary, for the family law judges, mistreatment of self-represented spouses becomes what a drug-fix is for
cocaine addicts.
It is likely that the trial court judges do not see the mistreatment of self-represented litigants as immoral and
unconscionable, as their perceptions of morality and conscience were necessarily changed by their own addiction to abusive
behavior and by the lack of punishment.
The inhumane
treatment from the trial judges comes almost naturally because collectively, as California judges, you stereotyped, dehumanized,
and objectified people like me, Dr. Natalia A. Sidiakina, as a “Self-Represented Litigant”.
As California judges,
you created commissions and task forces to minimize the impact of the annoying and disturbing “self-represented litigants”
on the court system. Characteristically, none of the many created commissions and task forces with the bright names such as
“Fair Administration of Justice” or “To Improve Fairness and Efficiency in California Family Law Cases”
has appointed members who have experience being those self-represented litigants in California family law cases or who are
psychologists or psychiatrists treating those self-represented litigants after they were intimidated, humiliated, denigrated,
and psychologically abused by the trial judges.
The very absence of the self-represented litigants or psychologists or psychiatrists in such
commissions conclusively proves that, to California judges and the court system, the “self-represented litigants”
are non-humans, and, therefore, their opinions or feelings are irrelevant.
Judges as a group perceive “Self-Represented Litigants”
as a force imposing a huge burden and, therefore, threat upon the court system. “The most atrocities occur when
people believe they are acting nobly to defend a threatening enemy”. When California judges as a group stereotype millions of Californians as “Self-Represented Litigants”,
then people at every level of the judicial group “help to foster a collective culture of hate and are responsible for
its consequences”.
When an honest and conscientious trial judge becomes shocked by the outrageous lies or aggressive and life-threatening
behavior of a represented party and acts honestly and humanely toward a self-represented party, the court system punishes
such a trial judge for being honest, conscientious, and humane by removing the honest and conscientious judge
from the office and publishing such stories as examples of “inappropriate” judicial behavior in the official guidelines, , . The official guidelines also cited cases in which judges were censured
for being cruel and demeaning toward self-represented litigants. Apparently, being honest and conscientious for a trial judge is worse than being cruel
and demeaning toward a self-represented litigant. Not surprisingly, most trial judges treat self-represented litigants with
ignorance, disrespect, intimidation, and plain cruelty and abuse.
The highest judges
of the State of California, would anyone of you like to come to a doctor in hopes of finding a cure for
you health problem and a relief from your pain only to find out that the doctor stereotypes you as an annoying
liar and a drunk who wastes the doctor’s time? How would you feel if that doctor ignores what you say about
your symptoms and, instead, gives you a medicine that causes you more pain? How would you feel if that doctor keeps causing
you suffering until you give up and say that you are a liar and a drunk? You will never want to see that doctor again. At
least, any normal person would and, probably, can find a competent and conscientious doctor. Not so with a judge. A self-represented
party gets assigned to a trial judge and has no choice, even when that trial judge is incompetent, prejudiced, and antisocial.
Most trial judges will not admit that they are biased against self-represented litigants. When such bias is implicit,
it affects people’s decisions in exercise of power: people who exhibit implicit bias toward another group tend to deny
that group financial resources, employment, and even live-saving medications. Like judges who do not acknowledge their bias
against self-represented parties, “most physicians did not acknowledge racial bias, but on average they showed (on an
implicit bias test) a moderate to large implicit anti-black bias. And the greater a physician’s racial bias, the less
likely he or she was to give a black patient … the [life-saving] thrombolytic drugs.”
It is terrible that the immoral and inhumane behavior of the trial judges remains unknown because most of the time
hundreds of thousand of self-represented litigants are so terrified and mentally crashed that they become consumed by the
fear of retaliation, “learned helplessness”, and withdrawal and do not report judicial abuse.
What is more horrifying is that even when self-represented litigants report abusive behavior of the trial judges to
the Commission on Judicial Performance, their complaints are being ignored because the Commission is understaffed and physically
unable to review all complaints. According to the Commission’s official web site, there is only one person who
is processing new complaints. Five out of 11 members of the Commission on Judicial Performance are judges themselves,
6 are influential people who never had an experience of being self-represented before a trial judge. Finally, only 2-4% of
complaints result in any sanctions, and almost all “sanctions” are just private letters to the judges. Conclusively,
the Commission on Judicial Performance is a dysfunctional sham.
Due to the absolute monopoly of the State Bar of California,
a public corporation, on the legal representation and the practice of law in California, the members of the State Bar can
uncontrollably charge unreasonable, unconscionable, and exorbitant rates for their services, most of the time 16 times greater
than the median hourly income of Californians. The State Bar reports that the ratio of poor people to legal aid attorneys in California
is 10,000 to 1.
The Association of
Certified Family Law Specialists stated in 2007 that there was “the ever-widening two-tiered justice system
-- that for litigants who can afford to opt out of the public court system and retain private judges who do not impose unreasonable
and arbitrary deadlines and that for those who cannot afford to do so.” As a self-represented litigant, I learned from my own experience that California
of today is the land of two classes: the high class of people who can afford continuous representation by influential attorneys
at the rate of over $300 per hour and the low class of those who cannot afford continuous representation.
For
the “self-represented” class or over 90% of Californians, the California laws are simply unenforceable
and the phrase “equal access to justice” is a profound lie. In California of today, there is an equal access to
a trial judge, and not to justice. Consequently, the members of the “self-represented” class have no practical
property rights as their property can easily be taken from them against their will by a trial judge at the request of a represented
party.
Since being self-represented means being subjected to bullying, denigration, humiliation and psychological abuse, being
self-represented is actually worse than non-appearing in court. The vast majority of the surveyed self-represented litigants
reported that being in the courtroom was extremely distressing, horrifying, and even the worst experience in their lives. The psychological traumas resulting from the judicial abuse cause severe brain diseases
in self-represented litigants such as anxiety, depression, panic attacks, and symptoms of post-traumatic stress disorder.
Undoubtedly, the trial judges actively support the legal profession by conveying the message that the only way to survive
the litigation is to be represented.
In summary, in the trial court, the honest self-represented people learn the reality that
the truth and the law are irrelevant and lose their cases against the dishonest people. The legal remedy of the appeal is
available to the self-represented litigants only in theory. Because self-represented litigants are almost NEVER legally-experienced and always have brain malfunctioning due to emotional involvement, distress, and high
anxiety caused either by litigation itself or unfair rulings of the trial court, it is physically impossible for self-represented
litigants to prepare good-quality briefs for an appeal in 2-3 months. I could not find a single published case in
which the prevailing party was a self-represented non-lawyer in the Court of Appeal. If anyone knows of such a case,
please let me know, and I will post it on www.SelfRepresentedFool.org .
As the final result, the California legal system discourages the honesty and encourages
the dishonesty. Thus, the California legal system is immoral.
An immoral legal system inevitably defends
itself by suppressing and punishing those who have enough courage to tell the truth. The more immoral the system is, the more
intimidating, cruel, and inhumane the punishment is. The California legal system degraded to torturing self-represented
litigants like me who dare to disagree, speak up, and tell the truth. The current California legal system is not
much different from the Stalin’s or Hitler’s legal systems.
The current legal system in California promotes domestic violence against women.
Violence
is the exercise of power and, as such, is addictive. In family settings, a more powerful spouse can “modify other’s
states by providing or withholding resources or administering punishments”. In case of domestic violence against women, the more powerful spouse is a husband,
who controls financial resources and, consequently, social status.
Most men’s
violent and abusive behavior in family settings, as contrary to supportive and providing behavior, results from the suppression
of cognition by stress or other means (alcohol, drugs, etc.). Suppressed cognition allows anger to erupt at whoever is handy and less powerful,
making the wife and children easy targets. Frequently under stress, the suppressed anger of men, who were abused as children,
gets expressed through domestic abuse and violence. Stress is increasing generally in California due to war in Iraq, rising oil and food
prices, financial crisis, home equity deterioration, foreclosures, exorbitant health insurance costs, economic stagnation,
transferring of high-tech manufacturing and research to Asia, resulting unemployment, etc.
Stress
from work is also increasing because most employees have bosses and peers who bully them also because of the stress and because
bullying is pleasurable and addictive as it increases the dopamine levels in the brain. 37% of the US employees, or the majority of potential non-bullies assuming a 50/50
ratio, are bullied at work. Unlike sexual harassment, bullying has no legal remedy in California
and is dismissed as “interpersonal conflict” between employees. Because bullying is addictive and because bullies
have no motivation to stop it, the number of bullied at work employees will be increasing. Therefore, the number of stressed
employed men (and women) with suppressed cognition in California will be also increasing.
Abusive husbands are unlikely to seek divorce or change their addictive violent behavior as long as things
are going their way in the family settings. An abused wife in California is extremely unlikely to report domestic violence
because such reporting will necessarily result in her husband’s arrest and, consequently, an inevitable divorce, her
financial downfall, and the high likelihood of her becoming homeless and even loosing custody of her children. After divorce,
housewives will struggle to find employment even at low wages of less than $15/hour and will likely be bullied at work. For
many women, a bullying husband is less threatening than bullies at work.
Husband’s
arrest for domestic violence can result in a criminal case against husband or a dismissal. If the abused wife presses charges,
her husband, who controls financial resources, will hire an influential criminal law attorney to defend him. After hearings
and a trial, the abusive husband will be either free or in jail. Being in prison will necessarily result in husband’s
loss of employment and financial crisis for the family. The jailed abusive husband will hate his wife, will hire an influential
family law attorney, will direct his attorney to transfer all family funds and assets to ensure that wife would not have access
to them, and will file for divorce. The family is likely to loose its residence because the main breadwinner and the mortgage
payer will be gone. Naturally, no housewife wants that. According to the family law center of Sonoma County, more then 50%
of arrests for domestic violence result in dismissals prior to the establishment of a case.
If the arrest results in a dismissal, especially after the case was tried, the arrested husband will have more stress
from the arrest and the court hearings and will naturally harbor a lot of hostility and anger against his wife. Moreover,
the balance of power in the family will be changed by the arrest, and the arrested husband will no longer be satisfied with
his marriage. Since the abusive husband controls his family’s financial resources, he will hide and transfer the family
assets in the secret preparation for divorce. He will hire an influential family law attorney and then will file for divorce
requesting custody of the children, no spousal support and no attorney’s fees to his wife. It will be extremely unlikely
for his abused wife to have sufficient separate property assets and separate income to maintain continuous legal representation.
Consequently, she will become self-represented shortly after the beginning of the divorce.
During the trial, the abusive husband’s attorney will lie to the judge and will make the wife look like an alcoholic,
a drug addict, and a completely unfit parent. The family law trial judge will ignore any evidence and pleadings submitted
by the self-represented wife. After divorce, the abusive husband will remain living in the family residence with the children,
and his abused ex-wife will likely receive no or minimal spousal support and no property because the major portion or all
of the community property will be used to pay for the abusive husband’s attorney’s fees.
Women are more vulnerable to stress and twice as likely as men to develop anxiety and depression under stress. Any infection, even minor flu or cold, will necessarily exacerbate the stress on the
body. If the abused wife was employed during the marriage, she is likely to lose her employment because she will likely develop
severe anxiety and major depression as a result of the stress during her divorce litigation. A depressed woman will have an
impaired cognition and no energy to look for a new employment. The current medications for depression take several weeks to
have a clinical effect, and only 40%-50% of antidepressants work. Because of the side effects and ineffectiveness, a depressed
woman will have to try 2-3 different medications to find the one that works. This will take a few months. While being depressed
with no funds and no legal knowledge, the abused wife will not be able to either hire an appellate attorney or self-represent
herself in appeal and prepare in 1-3 months a good quality Appellant’s Opening Brief. As a result, the injustice created
by the trial judge will become permanent.
In conclusion, the abused wife will report domestic violence ONLY when she fears for her own or her
children’s lives. In wealthy Marin County, for instance, domestic violence against women was growing quietly
in the past years and is currently a primary type of violent crime accounting for 30% of violent crime cases (over 60% of
violent crime arrests). Thus, the current legal system with its unrealistic deadlines and exorbitant
legal fees implicitly promotes domestic violence against women.
California is in the state of emergency now.
The only logical conclusion is that the State of California
is in the state of emergency. Unless the adequate funds are received from the US Government and unless the judges
recognize and actively try to offset their implicit bias against self-represented people, the anarchy in California will lead
to tyranny to maintain stability and order. Torture is the first and necessary element of tyranny.
I certainly don’t
know whether you, as the highest rulers of the State of California, favor tyranny over anarchy. I don’t know what you
would like for your children and the future generations of Californians. The only thing I know for sure is that neither fairness
nor conscience can exist during anarchy or tyranny or slavery. That’s why I pray for your fairness and conscience:
you have the power to steer California toward democracy.
Recognizing the implicit bias helped physicians
to offset it. “People who report a strong personal motivation to be non-prejudiced tend to harbor less implicit
bias. And some studies indicate that people who are good at using logic and willpower to control their more primitive urges,
such as trained mediators, exhibit less implicit bias. Brain research suggests that the people who are best at inhibiting
implicit stereotypes are those who are especially skilled at detecting mismatches between their intentions and their actions”. (bold added).
It is much easier to review a couple of cases involving self-represented litigants than to
review tens of thousands of them. It is good to maintain public delusion of justice and fairness and make public statements
such as:
“Rigid
rule following is not always consistent with a court’s function to see that justice is done. Cognizant of the
strong policy favoring the disposition of cases on their merits [citations], judges usually consider whether
to exercise their discretion in applying local court rules and frequently consider documents which have been untimely filed”. (bold added).
“When the two policies collide head-on, the strong public policy favoring
disposition on the merits outweighs the competing policy favoring judicial efficiency”. (bold added)
“That a procedure is efficient and moves cases through the system is admirable,
but even more important is for the courts to provide fair and accessible justice. … What we observed three
decades ago remains true today: “While the speedy disposition of cases is desirable, speed is not always compatible
with justice. … Domestic relations litigation, one of the most important and sensitive tasks a judge
faces, too often is given the low-man-on-the-totem-pole treatment”. (bold added).
The Supreme Court is concerned that “[Citation] Members [of the State Bar] uniformly
report that their clients [family law litigants] are stunned to be told that they will not get to tell their story
to the judge [citation], and express [citation] shock, anxiety and outrage [citation]
along with the belief that [citation] they had been denied their right to have their case heard by a judicial
officer [citation]. Overwhelmingly, practitioners criticized the rule and order [of the Contra Costa Superior Court]
for creating what their clients understood to be a lesser standard of justice for family law litigants.” (bold added).
The Supreme Court affirms that “… family law litigants should not be
subjected to second-class status or deprived of access to justice.” (bold added).
The problem is that such statements are delusions or shams because in the current
legal system for over 90% of Californians justice is physically impossible. The current legal system in California
is detrimentally damaged and completely dysfunctional. It needs a paradigm shift to become functional and to support democracy.
The following conditions
should not exist in California because they contradict with the meaning of democracy and justice or make democracy and justice
impossible:
1. Slavery and
torture because they are immoral and inhumane.
2. Unregulated monopoly on the legal representation because it immediately deprives the vast majority
of Californians of any representation. Californians should have a freedom of choice and should be represented by any people
they trust.
3. Trial judges
chosen only from former practicing attorneys because it inevitably creates a bias in favor of litigants represented by attorneys.
Trial judges should be scholars and thinkers concerned about social justice.
4. Judicial terms of more than 6 years because of the addiction to power and, consequently,
development of stereotyped thinking and antisocial behavior. There should be continuous education, testing of cognitive abilities,
and psychological evaluation of the judges.
5. Unreasonable deadlines and time limits for filing appeals and related briefs and correcting the errors
that resulted in a miscarriage of justice because it allows injustice for self-represented litigants, especially women, to
flourish and promotes domestic violence against women.
6. Imprisonment of children and juveniles because it detrimentally damages their brains and leads to continuous
antisocial behavior.
7.
Imprisonment of sick people who are addicted to any drugs because there is absolutely no scientific or medical basis for distinguishing
between an addiction to power or sweets and an addiction to cocaine or any other drugs, legal or illegal. Any addiction is a biological brain disease and
not a failure of character or willpower.
8. Death penalty because it creates impossible financial burden on the society and depletes resources of the
court system.
I pray for your fairness and conscience: Please use your power and the trust invested in you by the people
of California, turn your best intensions into actions, and initiate the necessary paradigm shift. Please reconsider
your denial of my request for an extension of time to file Appellant’s Opening Briefs and review my filed statutory
Petitions for Writ.
Respectfully Yours,
Natalia A. Sidiakina
Torture, according to the United Nations Convention Against Torture, is "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third
person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason
based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent
or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering
arising only from, inherent in or incidental to lawful sanctions."[2] In addition to state-sponsored torture, individuals or groups may inflict torture on others; however, the motive for
torture can also be for the sadistic gratification of the torturer. See http://en.wikipedia.org/wiki/Torture
The vast majority (over 90%) of Californians earn less than $100,000
per year before taxes or, assuming 50 working weeks per year, 40 hours per week, $50.00 per hour. Assuming a 25% tax rate,
the after-tax earnings of the vast majority of Californians are $37.50 per hour. The vast majority of the experienced trial
lawyers in California charge over $300/hour, which is 8 times greater than the hourly earnings of the vast majority of Californians.
For one hour of the attorney’s time, the vast majority of Californian has to work more than one day. Let’s assume
that an average civil case has a trial of 3 days and 3 hearings on 3 motions. For every hour of trial, a competent trial attorney
would spend at least 3 hours of preparation, including research of legal issues and writing the trial briefs. For every motion,
a competent trial attorney would spend at least 2 hours on paperwork and 2 hours in the trial court. In addition, attorney
would spend at least 8 hours on meetings with the client, 2 days on depositions (1 day for each litigant), 8 hours on other
discovery, and 10 hours on correspondence with another party and settlement efforts.
Thus, at the very minimum, an average civil case would require 150 hours of attorney’s time or $45,000 from the
litigant. A competent trial attorney would require a $5,000 to $10,000 retainer. The vast majority of Californians should
work more than 150*8=1200 hours or 150 full days or 5 months to make money to pay for attorney’s fees in an average
civil case. It is not a surprise that the vast majority of the honest working Californians (over 90%) simply cannot afford
legal representation and become self-represented litigants at some time during the litigation.