By Savannah S. Winslow
In a surprising break from the pack, one seemingly courageous Ninth Circuit judge, Andrew J. Kleinfeld, has at least been willing to go on the record in recognizing that Judge Yaffe’s behavior was questionable and granted Fine the right to appeal on the issue of whether Judge Yaffe should have recused himself. However, other Ninth Circuit judges continue to block Fine’s release pending the outcome of his appeal ... despite the complete lack of opposition to every motion filed of late ... egregiously compounding the serious financial harm begun by Judge Yaffe. Fine remains in jail even though the laws and precedent cases have always been clear ... absolutely crystal clear ... that Judge Yaffe was required to recuse himself, up front, for numerous reasons. Is this a man of unstellar integrity? Or a pawn (and, quite likely, soon-to-be a scapegoat) of the powerful County politicians? California Supreme Court Chief Justice Ronald M. George’s role in this whole vendetta must also be thoroughly investigated. Why are the courts insistent upon keeping Dr. Fine in jail while having no legal leg upon which to stand and refusing to give any reason or cite any precedent law which might support their actions? (The fact that there is no such precedent has presented quite a problem.)
Did these judges all have their fingers crossed behind their backs when they took their own oaths?
There was NOTHING to be gained by Judge Yaffe's remaining on the case other than someone's need to control the outcome. Given that the developer and the Supervisors involved had great interest in the outcome, the list of candidates is pretty short.