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Wealthy turning to retired jurists as alternative to court
AP on Bakersfield Californian ^ | 5/7/06 | AP

Posted on 05/07/2006 9:43:41 PM PDT by NormsRevenge

Hollywood stars and business moguls alike are paying retired jurists to quietly handle their civil disputes outside the glare of public courthouses, a practice some warn is creating a secret justice system for the rich and famous.

Under California law, the parties to a lawsuit can agree to hire a private judge who, unlike those paid to act as mediators or arbitrators, issue rulings that can be appealed.

Such cases are still subject to the same public access requirements of trials held in court, but often many of them prove difficult to track. Proceedings are held in private offices and documents don't always make it into the public record.

Two high-profile divorce cases - one involving Michael Jackson, the other supermarket magnate Ronald Burkle - has helped reignite the debate over private judges after the media was denied access to proceedings and case files.

"It's relatively easy for a temporary judge to be lax at the behest of the parties," said Los Angeles County Superior Court Presiding Judge William A. MacLaughlin, who is overseeing reform designed to prevent elite litigants from buying secrecy in public court proceedings.

Retired Los Angeles County Superior Court Judge Stephen Lachs, who was paid to decide the Jackson and Burkle cases, said private judges are a popular option because they can devote more time to resolve cases quicker than the regular system.

He added celebrities don't hire private judges "to hide things."

Still, media attorney Susan E. Seager suggested the lack of public access in the Burkle and Jackson divorce cases "may be part of a larger trend toward secret divorce-court proceedings for celebrities and the wealthy."

No one knows exactly how many civil disputes are referred to retired judges each year. Among the celebrity couples who have hired their own judge to oversee their divorce proceedings are Jennifer Aniston and Brad Pitt; Charlie Sheen and Denise Richards; and Renee Zellweger and Kenny Chesney.

Experts say no one but an appellate court can force a retired judge to observe all the rules of access and disclosure, but that can often be cost-prohibitive.

California Chief Justice Ronald M. George said that while private judging performs several useful functions, it "runs the risk of creating a perception among the public that there is a two-track system of justice, one for those who are willing and able to pay the person they select to try their case and another track for those who have to wait their turn in court."

Lawyers who specialize in high-end divorces also say efficiency is the main issue, not privacy.

The retired jurists-for-hire set their own prices and have been known to get up to $550 an hour.


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: alternative; burkle; court; hollyweird; jacko; jurists; michaeljackson; retired; turning; wealthy

1 posted on 05/07/2006 9:43:47 PM PDT by NormsRevenge
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To: NormsRevenge

Isn't that special?


2 posted on 05/07/2006 9:46:11 PM PDT by CindyDawg
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To: NormsRevenge

I know of this because a friend had to go after someone running a company that he was a major investor in.

They in fact did try to do it through the regular courts and were told to take this out and do it with a private Judge and to also go rent a hotel room or ball room to have the trial in.

They HAD to do it.
They were TOLD to do it.
It wasn't an option, the courts told them they should go run the show on their own. Retired judges and all as it said,

It was a civil issue though, wasn't a criminal trial.
Both sides had to agree on the venue and Judge, so I don't know how this effects the public at all besides saving them money.


3 posted on 05/07/2006 9:47:33 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: NormsRevenge
$550 an hour?!?

That's Hollyweird for ya!
4 posted on 05/07/2006 9:47:41 PM PDT by endthematrix (None dare call it ISLAMOFACISM!)
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To: CindyDawg
What's wrong with it? They are paying for the services of a competent professional. If it doesn't work out, the public system is still there.

The way I see it, each privately handled case saves thousands of taxpayer dollars. Not everyone wants their dirty laundry hung out for public view ala Judge Judy.
5 posted on 05/07/2006 9:50:42 PM PDT by Ronin (Ut iusta esse, lex noblis severus necesse est.)
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To: Ronin

I agree. More power to celebrities. The people who are upset about this are those in the tabloid and paparazzi industries. Bunch of lowlifes with nothing better to do than gossip about movie stars' lives.


6 posted on 05/07/2006 9:53:17 PM PDT by Extremely Extreme Extremist (FR's most controversial FReeper)
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To: Ronin

by your last statement, do you support sharia then?


7 posted on 05/07/2006 9:53:39 PM PDT by kinoxi
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To: Ronin

We peons have to get dragged thru the Judge Judy courts. Why should the rich and famous, get privacy breaks?


8 posted on 05/07/2006 9:55:01 PM PDT by CindyDawg
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To: Ronin

That is exactly what they told my friend when the regular courts forced them to go get a retired judge and run this case themself.
They said they wanted to save money and court rooms for other issues.


9 posted on 05/07/2006 9:56:21 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: CindyDawg
They have to both agree to the privacy.

Judge Judy is a free service to the general public and is considered relief for those that can't afford lawyers at all us to a certain amount in each state.

Between 5-15k depending on the state maybe?
10 posted on 05/07/2006 9:59:23 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: kinoxi
No, I don't support sharia or anything similar to it.

This kind of private mediation should only be allowed if it is a civil case, both sides agree to it, and the relevant laws of the state are rigorously applied.
11 posted on 05/07/2006 10:04:53 PM PDT by Ronin (Ut iusta esse, lex noblis severus necesse est.)
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To: A CA Guy
Judge Judy is a free service to the general public and is considered relief for those that can't afford lawyers at all us to a certain amount in each state.

Judge Judy is an arbitration proceeding, which is mocked up to look like a trial.

12 posted on 05/07/2006 10:07:26 PM PDT by ozoneliar ("The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants" -T.J.)
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To: Ronin

most jurisdictions currently allow for non-judicial mediation this post was more angled towards pay-per-preference. which is wrong.


13 posted on 05/07/2006 10:08:26 PM PDT by kinoxi
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To: NormsRevenge

First heard about this on FR years back. Still not entirely sure what the problem is. Non-governmental arbitration can be just as binding, when set up right, and it doesn't clog the system, speeding the way for poorer folks' cases. Anna Nicole Smith's case is costing taxpayers money, despite the jobs it provides for paparazzi.


14 posted on 05/07/2006 10:20:40 PM PDT by Dumb_Ox (http://kevinjjones.blogspot.com)
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To: A CA Guy

Judge Judy is a profit making entertainment that fools go hopping to get money. People go on the show knowing that the one or both of the two parties will get money from the show. There are several of places to go for getting help settling disputes without making a fool of yourself on national television, many Churches or law schools will offer free services to help settle disputes.


15 posted on 05/07/2006 10:22:47 PM PDT by ThomasThomas
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To: ozoneliar
Oh sure, but I thought Judge Judy was used as something to refer to small claims court in general.
The people have a system for themselves without lawyers where their disputes can be handled regarding less than world changing sums of money.

When you are getting into multimillion dollar issues, you have to hire 500-750 and hour lawyers, forensic accountants, investigators and often have to produce records that could easily consisting of tens of thousands of papers.

It's the minor leagues vs the majors.
16 posted on 05/07/2006 10:23:16 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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To: A CA Guy

Judge Judy is a profit making entertainment that fools go hopping to get money. People go on the show knowing that the one or both of the two parties will get money from the show. There are several of places to go for getting help settling disputes without making a fool of yourself on national television, many Churches or law schools will offer free services to help settle disputes.


17 posted on 05/07/2006 10:23:43 PM PDT by ThomasThomas
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To: ThomasThomas
I thought Judge Judy was an example stated that really was just referring to the public's access to small claims court.
I don't think people expect to be in front of Judge Judy in their lifetime.
18 posted on 05/07/2006 10:25:27 PM PDT by A CA Guy (God Bless America, God bless and keep safe our fighting men and women.)
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