Petition to remove Judge Tara Flanagan, Alameda County, Ca.

The actions taken by Judge Flanagan fail to comply with the alameda of Code of Judicial Ethics.  Judge Flanagan has continually made personal attacks against me.  Judge Flanagan stated I have no rights raising a girl, that my daughter mother has more rights than I do, and she has allowed a my ex’s new husband who is a pedophilia to move back in the home with my daughter. Amongst other personal insults (see below extracts quoting Judge Flanagan).  These are statements the Judge made on the record and in open Court, on the public record, and in front of my family!  How can a Judge subject anyone to such false and humiliating statements that are based on a personal prejudice?  My pride of having a child and raising her for all of these years is gone in five minutes by Judge Flanagan’s actions.  Not only are these insults demeaning to me, they leave lifelong scars and created irreparable damage for my entire family and are not capable of being fixed to the degree necessary to make me whole again.  It is ironic that every Judge continually made comments that I’m guilty solely by the color of my skin, when I have shown proof that I have never abused, threatened, or harassed anyone. I have been completely railroaded due to the color of my skin, and the fact that my ex looks white.

Moreover, the credible reputation that I worked hard to build throughout my life has been irreparably damaged by Judge Flanagan’s and other judge’s bias, actions and remarks.  From this point on, any time someone does research on me, whether it be for legal, social, or business purposes, Judge Flanagan’s false, malicious and purposeful remarks negatively affect others judgment of me and my children, my brothers, and their families forever.  

In many countries, the rights of citizens are not worth the paper they are printed on.  In the United States, any citizen, whether good, bad, indifferent, famous, infamous, or obscure; can call upon the Courts to vindicate their Constitutional rights and expect that call to be honored.  I have a strong belief in the rights the United States provides for its’ citizens, and the United States Judicial system.  The conduct Judge Flanagan displayed in Court serves to hurt the confidence the public has in the administration of justice. 

I have been living a nightmare for the past five and half years, and have suffered breach after breach of my Constitutional rights at the hand of Judge Flanagan and other white judges who preside over the family court.  I have No insurance that covers attorney or CPA fees, and have spent close to $60 thousand in expenses for this lawsuit in lawyer, ridiculous counseling, anger management (who all have stated I don’t need the class), family evaluator (another bias person), and parenting class fees.  I am not looking for these expenses to be reimbursed, for one cannot put a price on Justice.  This is about justice and an example to teach my children about justice; of the people, by the people, for the people.  You do wrong, you go to jail.  I’m sorry to say that many of these judges will only see you as a color and not a person, Judge Flanagan is dismissing crimes that clearly are shown by the facts, but is only going off of her LBGT back ground and her hatred for men.

Judge Flanagan along with Judge Carvill and Judge Bean have destroyed my dream that everyone has Constitutional rights that are protected by the judicial system.  Judge Flanagan has humiliated me in front of my family and the public in a way that would be unjustified by a stranger in the street, let alone by a Judge in a Court of law.  The Judge’s comments are all now permanent public record.  I could never imagine an officer of the Court would say the things that Judge Flanagan has said to me and about me.   

I have a daughter who was born in our great Country, Oakland, CA.  I was raised by a black attorney who always believed that no other country does more to support its’ citizens rights than the United States.  It is important for me to do my part as a devoted citizen of the United States, to assure that justice is carried out in a fair and unbiased fashion for the benefit of our Country.  This is why I write to you today, something unthinkable to me for thirty-two years.

Judge Flanagan is a danger to our judicial system in our present time.  Unless all of us as citizens fight for our Constitution and force the law to punish people who break the law, many crimes against those of color, will go unpunished, and criminals will be rewarded.  I simply want to be treated like any other good citizen.  No more, no less.  It is sad to see our Country in such a disaster because of American greed that has gone unchecked for years, and we are paying a very heavy price for it now which will take years to recover.  For example, the cases of Michael Brown, Eric Gardner and Treyvon Martin.  By failing to prosecute officers and judges who abuse the power given to them as Judge Flanagan has done, it only encourages so many others to do the same.  Moreover, several of these judges permitted perjuries by my ex and did not even issue a sanction. 

The following are examples of the obstruction of justice, misconduct with examples to support my complaints of how Judge Flanagan breached the rights that are granted to me as a citizen of the United States.

Condescending Demeanor:

Judge Flanagan has continually made personal attacks and negative comments about me throughout this case which are improperand false.  I would like to testify before the Commission on Judicial Performance or the Supreme Court of the United States of America to show you just how false Judge Flanagan’s statements are.  How can one have immunity from child neglect, child abuse, and allowing a man to continually peek in on a 13yr old girl?  Not even the President of our Country has this immunity.  Why has Judge Flanagan ignored that law?  Judge Flanagan along with these other judges (Carvill & Bean) vacated all of my attempts to file a TRO against my ex and her current husband.

of hundreds of millions in taxes due.  By doing so, the Judge committed a crime against our Country.  Please find below some of the extensive and repeated comments made by Judge Flanagan.  I would not wish this treatment upon anyone.  Please note that I referenced the transcript of each comment. 

• Judge called me unfit to raise my daughter:  Judge Flanagan stated:“let me first speak to what’s contained in the opposition to the Motion.  I’m concerned for you Mr. Krashna.  Your Declaration appears to be a stream of consciousness diatribe which appears to evidence a severe case of paranoia.” 

o   I almost fainted when I heard this.  Is Judge Flanagan a psychiatrist?  My family was present in court when Judge Flanagan made this publiccomment.  This has left scars not only on me, but my family as well.  We left the Courtroom humiliated.  The Judge’s comments have destroyed my pride and the admiration of my child.  I want Judge Flanagan to apologize in front of my family and made public record.  This will not make up for the damage the Judge’s comments have done, but it is a start.  How can a Judge subject anyone to such false and humiliating statements?

o   The Judge used the word “evidence” in her unjustified conclusion, but it is NOT evidence .  The Judge is not a medical doctor.

o   The extent of the damage to me and my family will last forever and will surely affect my stature if I am sued.  Again Judge Flanagan gave an unwarranted and insulting medical opinion, while admitting to not being a doctor.  How can the Judge claim I have “mental issues” when she admits she did not even look at the evidence?  The Judge had a misplaced preconceived notion about me that she used to prejudice me throughout this case.  

Bias:

Judge Flanagan continually favored the opposing side throughout case.  The Judge has done this by giving the opposing parties so many chances and ideas on how to lengthing the time my daughter is kept from me for no good reason.  The Judge even instructed them on how to take steps to correct their pleadings.  Yes, your Honorable Commission, you read this correctly.  The only reason for Judge Flanagan’s bias is her personal dislike for me, my skin tone, or my religion.  I am a citizen in extremely good standing.  The reason for her dislike is unknown to me. 

• Judge gave medical opinion again in another case:  Judge Flanagan stated:  “Ms. X, while she did inform the Court that she was in labor, it does not take two days to recover from having a child. 


• Judge gave medical opinion:  Judge Flanagan stated:  “she didn’t appear to be in labor.  I ordered her to appear


• Judge again stated her opinion in regard to my medical condition:  Judge Flanaganstated:  “He was perfectly healthy before me.” (January 8, 2009; page 24)

o   I suffered from a severe ear infection and had collapsed the day before, suffering from a significantly elevated heart rate and blood pressure, and went to the hospital to be treated.  I provided the Court with a letter from my doctor stating my ill condition, and my attorney provided testimony that he was present when I collapsed and when the paramedics and fire trucks arrived at my house in response to treat me.  How could a Judge make such an irresponsible medical prognosis by looking at me?  Why is the Judge giving a medical opinion over and over again?

o   At the court hearing, the Judge prohibited my Attorney Eric George from stating to the court what happened when the ambulance arrived at my home by stating “Do NOT testify”.

• Judge gave Court procedure Instruction to Opposing Parties:  Judge Flanaganstated:  “But–And I’m being very honest for our record here, I felt that it would be cheaper for you (referring to opposing parties) to oppose an appeal on that basis than a granting of a summary judgment.  I’m being really candid here, probably more candid than I should be.  I’m laying it at counsel’s feet here.” (January 8, 2009; page 14)

o   At that moment, it felt as if I was in a third world country where citizens have absolutely no rights.

In my forty-five years of doing business, thirty-two years in the United States, and a proud United States citizen, I never expected a Judge to be “candid” in this fashion and dismiss the entire lawsuit with prejudice, based on a questionable procedural matter.  As a result, so many crimes against the United States are going and will continue to go unpunished.

o   Moreover, Judge Flanagan’s concern was to make it “cheaper” for the opposing parties; this is simply benefiting criminals to get away with committing crimes against the Internal Revenue Service and the United States Treasury. 

• The Judge instructed opposing counsel what to allege when filing a complaint against me:   The Judge stated “…WE need to specifically allege with clarity the fact that the statement exposes the person to hatred, contempt, ridicule, everything that’s required.“ (January 8, 2009; page 38)

o   The Judge states “we.”  Is the Judge one of the Defendants’ counsel?

o   I never expected a Judge to dismiss the entire lawsuit with prejudice on a procedural matter to my detriment and allowing a crime in the amount of hundreds of millions of dollars against the United States to go unpunished.

·       Opposing counsel failed to properly bring their motion for monetary sanctions for Attorney fees.   Judge acknowledged this, allowed opposing counsel to redraft their motion for monetary sanctions and set an additional date for this motion.  (March 2, 2009; page 26, 32)

o   Distinguishably, the Judge did not afford me the same opportunity when I was sanctioned for failing to appear at a deposition.  As previously stated, I provided a letter from Dr. Corday, one of the most respected doctors in the country, who specifically explained my medical condition and confirmed I was hospitalized at Cedars Sinai hospital.  Further, my attorney Eric George was present when I collapsed.   But the Judge said that was not enough to support my illness and punished me for not providing a medical record to the Court. 

• The Judge instructed opposing counsel on what they need to do in order to be awarded Discovery Sanctions:  Judge Flanaganstated:  “I just need some authority for the proposition that the type of discovery action, the dumping of irrelevant, nonsensical, paranoid, delusional documentation should result in discovery sanctions.  I don’t know of any case law.  I mean, I’m asking you to provide me with that, because you are seeking those fees.  It’s clear to me you are seeking those fees.” (March 2, 2009, p. 31)

o   The Judge stated on record that she did not even look at the documents, evidence and exhibits. 

• The Judge accused me of submitting a Declaration that is disingenuous:  Judge Flanaganstated:  “The content of Mr. Marciano’s Declaration.  Suffice to say that it appears to be a bit disingenuous.”  (December 11, 2008, page 3)

o   I never filed a Declaration that was untrue and always prefaced these documents under oath and penalty of perjury.  How can she use that word “disingenuous” against me when everything I said was under oath and penalty of perjury?  It is clear that Judge Flanagan, in two years, has never caught me committing perjury, simply because I never committed perjury and never will.

o   Again, damaging my reputation, the extent of which is unknown, but far reaching.  These words will last forever on a Court document, haunting and shaming me and my family throughout our future.  Judge Flanaganhas absolutely no right to do this, and should step down. 

• The Judge questioned my good faith in making allegations:  Judge Flanaganstated:  “Mr. Marciano filed this action.  He needed to have a reasonable and good faith belief in the truth of the allegations.”  (November 17, 2008; page 4)

o   Here, Judge Flanaganis asserting that I filed this action for millions of dollars in bad faith?  My former CPA (and one of the Defendants in this case) failed to file my taxes for several years, and continued to lie, assuring me he properly filed my taxes in millions.  I provided the Court with documents from the IRS supporting that my CPA failed to file my taxes for several years.  Are supporting documents from the IRS not enough to satisfy a reasonable and good faith belief?  Does the Judge think the supporting IRS documents are forged?  I take the side that the IRS documents are true.

Failed to ensure my rights

• The Judge returned and rejected properly submitted evidence that is essential to support my case: Judge Flanaganstated:  “By the way, for the record, I don’t know how many CD-Roms there were.  I believe there were……..89.  They were lodged with the court.  I am returning them to counsel.  I did a random look, just because I didn’t know what he wanted me to be looking at.  One of them had nothing on it.  The other had some reference to wines.  It appeared to be random documents, and I stopped looking.  So I’m returning this CD & the box to counsel, Mr. Silverstein.”  (December 31, 2008; page 23) (*Note that Mr. Silverstein is my former attorney in this case).

o   I always believed that exhibits that contain incriminating documents filed with the Court cannot be returned, but I am not a lawyer.

o   First, Judge Flanaganis unclear about what evidence it was being returned.  Initially, Judge commented that there were 76 CD-Roms (as noted on page 3 of this document), then is corrected here to point out there were 89 CD-Roms.

o   Second, how am I supposed to support my argument when the Judge returns vital evidence that I submitted in regards to the case?  How can one present their case to a jury with no evidence?

o   Third, this case was moving forward for two years with a trial date set.  Then, one week prior to the trial date of February 11, 2009, Judge Flanaganvacated the trial.  How can the Judge throw out a case that is before her Court that contains felony criminal conduct?

• The Judge again rejected and returned properly submitted evidence that is vital to my case.  Note that Judge Flanaganpreviously ordered that if I was going to submit a lot of documents to the Court, I was to put them on a CD:

Judge Flanaganstated:  “…He’s provided the Court with his hard drive.  I have no means of even looking at it.  Even if I were able to, I wouldn’t.  So I’m going to return the hard drive.  I don’t know what to do with it.  It’s been lodged, and it’s in this form.  I haven’t even looked at it.  I don’t even know what to do with it.  I’m likewise, returning 30 CD-Roms, the labels of which refer to terrorist threats and other such things.  (March 2, 2009, page 3)

o   Again, refusing to keep evidence that is vital to my case.

Abused her authority in granting sanctions

To date, Judge Flanaganhas sanctioned me personally sixteen times, and granted opposing side several monetary sanction awards against me totaling tens of thousands of dollars (and more to be determined), as well as evidentiary and terminating sanctions dismissing my lawsuit for what Judge claims to discovery abuse.  On the contrary, as noted above, I was unable to attend a deposition to my ill health.  I begged and pleaded with the Judge to assign my deposition a day or two later to recover.  Judge refused to do so even though there would have been no detrimental effect to the opposing parties or the Court.  

Moreover, I offered the Judge to put my daughter on the stand, or to meet with her in chambers but the Judge refused to do so.  Yet I am ordered for what Judge Flanagan claims is contempt of court.  When I brought this to Judge Flanagan’s attention, Judge disregarded my comment and told me to get new counsel, yet Judge continues to give opposing council advice on how to proceed in Court.  Judge Flanagan told me that is my problem and I should make a better investigation of attorneys before I hire them. This is more than unfair and unjust, it is wrong. 

Alternatively, the opposing party has not yet been sanctioned, even though they continue to fail to submit documents that I have requested several times and committed perjury after perjury over the past several years. 

I am baffled by how Judge Flanagan has breached so much of our Constitution.  That being said, every party deserves a fair chance to present their case in Court, and to conduct discovery in order to gather evidence to further support their case.  Judge Bean as well as Judge Flanagan broke my dream, has stripped me of this opportunity and my Constitutional rights by way of her bias, demeanor, and breach of my rights as a citizen of the United States.  Judge Petrou presided over the last hearing, who was the most fair Judge in the world.  Judge Flanagan is of no comparison when it comes to justice and fairness.  If Judge Flanagan continues to rule this way, I fear for the future of our Country in every aspect.  It is my duty as a citizen to take action to inform the people.  

Additionally, Judge Flanagan repeatedly started her opinions “in all of my career as a Judge,” but she has only been a Judge for two years.  Judge Flanagan has no right to break my Constitutional rights.  This is obstruction of justice.

Abuse of In Pro Per Party

As a Pro Per lawyer, Judge Flanagan deprived me of my Constitutional right to defend myself.  I cannot stand all the comments the Judge made accusing me of having mental issues.  I should never have been subjected to such treatment in a Court of Law.  I request that you take specific action on those comments because they have had a destroying effect on my family.  How anyone can make a comment like this in public is beyond me.  How a Judge can make these comments…I am simply shocked, baffled and outraged that a Judge would make such remarks. 

Ironically, Judge Flanagan falsely accused me of having mental problems when, in fact, the defendants, my former girlfriend, who stole from me, and has falsely accused me for emotional distress saying they, mental problems due to me and not because of her own issues prior to every meeting me or having a child with me.

Please let me know your Honorable Commission, if there are additional documents you need, or if you would like to interview me.  Additionally, you can refer to my website for additional information regarding this litigation at www.o8justiceforall.wordpress.com.  As I mentioned, the above is only a hint of the list of Judge Flanagan’s misconduct throughout this case, a case to uncover crime against the United States.  We, as a country do not need that and have to stop this obstruction of justice.

I pray that this Commission orders that Judge Flanagan obtain a medical examination because her actions in Court are irresponsible and act against our Countries best interests. I believe the Judge’s actions create and encourage women to file false allegations of domestic violence and put those who really need it out in the cold.