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Victoria Fine

Victoria Fine

Posted: April 17, 2010 05:43 PM

My Father's Case Heads to the U.S. Supreme Court

What's Your Reaction:

Some time ago, I shared with the Huffington Post community my personal story about my father, a lawyer and outspoken taxpayer advocate. He has been unjustly held in jail under contempt of court for over a year because he questioned the authority of judges being paid illegal bonuses by the County of Los Angeles. The outpouring of sympathy from readers was touching to me and to my family but unfortunately, things have remained status quo since my post in January.

Now, almost 14 months after being forced into jail, my father's case is being heard by the U.S. Supreme Court. Richard I. Fine vs L.A. County Sheriff Leroy D. Baca will determine whether it is legal for a U.S. citizen to be held in coercive confinement for such a long period of time. On April 23, the U.S. Supreme Court will hear my father's case in conference.

No matter your political leanings, it is easy to see that this case has great repercussions for the future reach of judicial power. I believe no U.S. citizen should have to spend significant time behind bars without a jail sentence being placed upon them. I believe that many of you will agree.

With that being said, I wanted to share with the Huffington Post community the letter I have written to the U.S. Supreme Court to call for the release of my father. I hope that it may motivate you, if this is an issue that is important to you, to write your own letter or to share this story with others so that such injustices don't go undocumented.

Dear Justice Roberts, Justice Ginsberg and U.S. Supreme Court En Banc,

My name is Victoria Fine and I am the daughter of Richard I. Fine, whose fate you will determine in your upcoming conference on April 23, by considering his case Richard I. Fine vs L.A. County Sheriff Leroy D. Baca.

I am writing to you to ask you to release my father from the horror he and my family have endured during the last 13 months of our lives. He has raised me to trust in our country's justice system to uphold freedom, democracy and moral right. I admit that as of today, as my father sits in solitary confinement, I have very little faith left in our American system. But now, as I write to you, I place that faith in your hands to make the decision that will free my father and send him home to my mother and me.

I cannot say I can make a decision better for America than the Justices of the Supreme Court of the United States. But I can tell you what this decision will mean to my father, to my family and to me.

My father is staunchly moral, aggressively inquisitive and has the most precise intellect of any person I have known. He is a person who sees the right and wrong in black and white but who will always consider the opinions of those who think differently than he does. He is a man who believes no matter how dire your situation, the world will turn to meet you in the middle if you face it squarely. He is a man who, until this last year, was a lawyer and a diplomat and an active citizen in his community.

He is a man who, until this last year, donned a suit and bow tie each day with pride, ready to enter a court to fight for a cause he believed in.

My father has been at every important event in my life until this last year. His time in solitary confinement has made it difficult for him to be the father I have known for the last 24 years. I can't call him when I need advice, or support, or when I need to hear his voice. When I visit him, he is not the man I know, a great man, a proud man. In jail, he is a 70-year-old man with failing heath and the only thing I recognize is his optimistic smile. I have not held his hand for a very long time.

In my father's absence, our family has been fractured. My parents have no livelihood, no home, no future until my father is released and his legal license restored. My mother and I look towards the future and face only a huge and gaping question mark.

Please remember, that as you review my father's case on April 23, you are considering the future of a man, not a policy. You are considering the fate of a father, a husband, a friend and a deeply concerned citizen, who has dedicated his life to upholding the decisions you make in your court.

Thank you in advance for your deep and thoughtful consideration of this case.

Sincerely,

Victoria E. Fine

To mail your own letter, address it to: Hon. John G. Roberts Jr., Chief Justice, U.S. Supreme Court, One First St. N.E., Washington, DC 20543.
For more information on this case and about Richard Fine, become a fan of Free Richard Fine! on Facebook or visit his website.

 

Follow Victoria Fine on Twitter: www.twitter.com/vfine

 
 
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02:52 PM on 04/29/2010
Further:
The thing about agreeing to the disbarment does indeed explain part of that, and I understand that Mr.Fine feels he is a man of principle, but the disbarment thing, as I understood it in the past, was linked to having continued to practice law without a license, which itself in turn was suspended because of his multiple "frivolous" lawsuits... Perhaps, in his crusading, this poor man did indeed go too far? Further, is it perhaps a bit premature to paint the story publically as a classic case of right vs. wrong, David against the corrupt, systemic Goliath, when all of such details have clearly not yet come to light?
02:51 PM on 04/29/2010
While it seems clear that there is a serious problem regarding the salary payments of LA judges and their apparent failure, en masse, to recuse themselves in cases dealing with the County- and while sadly it wouldn't shock me too much to learn that the LA justice system is corrupt- I can't help but wonder: but what is Mr. Fine hiding?

Before I myself start railing about the corruption and injustice of the totalitarian, evil LA justice department on behalf of "the little guy, fighting for the public good," ie, Mr. Fine, as he so consistently paints himself (I've read about this case before) I would like to see more investigative reporting done into not just the seedy stuff around Judge Yaffe but into these other cases which were decided against Mr.Fine in the past, leading him to file the multiple (what were termed "frivolous") lawsuits against the judges in the cases, what this $50,000 Marina del Rey thing is about, and if there is anything weird about his personal finances that would lead to this man, at his age, stubbornly sticking it out in jail and putting his family through such hardship rather than furnish the court-ordered records in what would seem to be a standard procedure.
02:35 PM on 04/20/2010
I have read about this case in the past and do not understand the judges actions . Mr. Fine seems to have a legitimate claim against these judges in Los Angeles and it would seem that they are colluding to shut him up . I think the system is conspiring against Mr. Fine and every person should be taking an interest in this case . If these judges are allowed to break the law and silence anyone who questions them then where is the justice in our system anymore ?
11:52 PM on 04/19/2010
contempt of court in this case is Mr Fine
s refusal to submit documents to the court.
(which he so far has refised to do.

all judges have the right to require the production of documents.

Mr Fine could be freed at once if he were to obey the
lawful order of the court and produce those records.
He has the key to the jail in his hand. -
02:25 PM on 04/20/2010
Mr. Fine refuses to give up his law license . The judge in his case is one of the judges in question . This is a travesty of justice . I cannot believe that this case is still going on .
01:14 PM on 04/19/2010
I haven't sorted out all the details. The people in LA will have to do that. Richard Fine should not be in jail. He is one determined guy if he can handle the LA dungeon for 13 months.
The Superior Court Judge should have imposed a fine and let other processes or appeals go forward.
Coercive confinement is massive overkill in a situation like this.
12:02 AM on 04/20/2010
The Superior Court Judge should have imposed a fine and let other processes or appeals go forward.
Coercive confinement is massive overkill in a situation like this.
-----------------------------------------------------------------------
Dean, the judge *did* fine him.

Then, the judge ordered him to produce his
financial records. He did not, and that constitutes contempt.
if he obeys the order of the Court and produces the records
he will be released.

Meanwhile, his appeals certainly *have* gone
forward-two different panels of judges
of judges have heard his appeal and turned it down.
(The state Supreme Court of California, and then
The US 6th Circuit Court of appeals. )

He has one final appeal pending.

The judge did not, and could not stop his appeals from going forward.

Where did you get the idea that the judge woukd not let
him appeal-No judge can stop an appeal. That's ridiculous!
he has already appealed to 2 different courts
12:05 PM on 04/19/2010
Victoria, my heart goes out to your Father, you and your family. I am so sorry this is happening to him and wish it were posted much more prominently on this website. This is an outrage, and I fear the outcome of this Supreme Court...but I sincerely hope the the Constitution and decency will prevail.
11:34 AM on 04/19/2010
2 - As far as I'm concerned, this case exposes a fundimental injustice at the very core of the justice system. Those with the robes need to understand that their position does not place them above the laws of common sense, and does not give them the right to throw cases into the junk pile before they even get into a court. They do have the responsibliity to bring parties in civil cases together and help them negociate a settlement. In that forum, they can also render an opinion, which, by the way, does not have the force of a court decission, but could help resolve the issue without the need of a trial. What it also does is maintain the dignity of the court and assures the community that the courts are committed to calm and considered adjudication. What this court looks like is a schoolyard at lunchtime and this judge looks like the bully.

Please, Victoria, don't let this go. You may well be the spark that is needed to light a fire of much needed reform that could possibly sweep the nation, leaving behind clean, new growth.
11:08 AM on 04/19/2010
1- It would appear that this particular judge thinks that his robes are a suit of armour allowing him to do whatever he likes to critics. Then the appeals court judges, all the way up the ladder so far, had the same response. I guess that means they all agree with the "suit of armour" idea. From what has come out of the Supreme Court lately, I'm afraid that the future for your father and your family looks decidedly gloomy.

What these guys (and girls, I guess) don't understand is that the act of "contempt of court" is exactly what it says it is, and has little, if anything, to do with who they are. Are these people so insecure that they will take a criticism personally? In this case, it would appear that is so. What they don't seem to understand is that they are all in the service of the community and do not have the authority to decide which cases they will hear. This is not soccer, where the referee is God for the duration of the game.

Please go to No. 2
01:23 AM on 04/20/2010
Are these people so insecure that they will take a criticism personally? In this case, it would appear that is so
-------------------------------------------------------------
Hugh-leighton,

THis has nothing to do with the judge's "ego".

Mr Fine refused a lawful order of the court to produce documents.

he refused the court's order and was cited for contempt.

the only tool a judge has to force compliance with a court order
is to cite the person for contempt and hold them in custody until
the person decides to obey the order-then they are released.
It's that simple.

If judges did not have this power, how could they make a person
pay the child support they were ordered by the court to pay?

OR, what if I am ordered by a court to make resititution to you
for something I have damaged, and I tell the judge no.

The judge then would be powerless to enforce the order unless he
could cite me for contempt and order me jailed until I
complied and made restitution.

I dont think you understand what a contempt citation is for, nor
do you understand the facts of this case.
lastpost
see biography
10:55 AM on 04/19/2010
“because he questionedâ€
Prisons are often repositories, for people who ask questions. Who would have thought that searching for answers, could be considered so subversive.

“the world will turn to meet you in the middleâ€
Or put another way. What goes around, tends to turn things around.
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HUFFPOST COMMUNITY MODERATOR
Sock De Jour
Democracy is an illusion
09:53 AM on 04/19/2010
We are living in the age of corruption. We have a corrupt police force, judicial system and government. The corruption is endemic. It's in every public sector, in every government agency, and the only way to fight it is through publicity.

I would advise you to write and call every newspaper outlet, local and national television station, and programs like 60 minutes, asking them to air this story.

You may have more hope of a positive outcome the more publicity this case gets.
photo
HUFFPOST SUPER USER
iblogleft
Certifiable
01:02 PM on 04/19/2010
I would add that corruption is in almost every private industry as well. It is certainly not limited to government, and more often than not, the money stems from private industry, and that money buys the power in the government institutions.
09:51 AM on 04/19/2010
An even worse situation. Under the terms of the alledged "Patriot Act", the police can bust into your home without a warrant, arrest you with no charges filed, take you to fail with no time frame and you do not have a right to an attorney or to appear in court. You could be in jail for as long as it takes for you to confess to whatever the police want you to. No kidding.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
09:24 AM on 04/19/2010
Judges can jail anybody at their whim, indefinitely.
They simply claim someone is showing "contempt" for their court.
Frequently that contempt is deserved.
photo
noralou
"eschew obfuscation"
10:02 AM on 04/19/2010
As the great Paul Robeson said to Joseph McCarthy and the HUAC, "You are the un-Americans".
Yes, that contempt is all to frequently deserved from the lowest District Court of Municipal judge all the way the the Supreme Court.
I hope that this man goes free and vindicated soon.
ThatsTheTheWayItIs
religion, ideology, partisanship are delusional
09:20 AM on 04/19/2010
"In the Halls of Justice, the only justice is in the halls." -- Lenny Bruce
Bellla
Trans & Proud
09:07 AM on 04/19/2010
Another prisoner of corruption versus conscience. He joins
Leonard Pellitier and Mumia abu Jamaal in the long list of American political prisoners. Remember Eugene Debs? I wrote a letter to Obama when he was elected and requested that he pardon or free Leonard and Mumia, (both imprisoned for crimes the evidence shows they could not have possibly committed) but Obama has never responded.
08:23 AM on 04/19/2010
When egos overrule brains...

http://www.fulldisclosure.net/Programs/562.php

Why is this the first time I have heard anything about this?

I do not live in a cave nor have I been in a coma for the past year.

I have been told everything I do not want to know about Tiger Woods though and that was done against my will and while I was actively trying not to know about that.