Gary Kreep loses his job.

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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#451

Post by bob » Wed Jun 28, 2017 7:54 pm

Kreep immediately takes the lectern. He explains that when he was elected to the bench in 2012, he was not prepared for the job. He has no excuses for actions and mistakes, and he admitted most of the allegations against him. Some of Kreep's greatest hits: "I had practiced constitutional law for 37 years" [ :roll: ]; was discipline free with the California bar [who isn't?]; always protecting the defenseless [ :yankyank: ]. Kreep now understands that a judge needs a different mindset, and he wasn't prepared for the steep learning curve. Oh, and he respectfully disagrees with some of the findings from below.

A commissioner has had enough (this particular commissioner will look peeved through the entire hearing, and will ask many blunt questions): Didn't Kreep's experience (which he just touted) prepare him for the bench?

Kreep "explains" that, as a child, he was often teased due to his last name, so he compensated by becoming really friendly and outgoing. (You can almost hear the CJP's eyes collectively rolling.) Once he took the bench, his boss, the presiding judge (the "PJ") told Kreep two things: (1) be more "user friendly"; and (2) less overtime for the support staff. So Kreep tackled these problems together by ... coming up with nicknames for the attorneys appearing before him -- more friendly, and less court time wasted on introductions, etc. "I admit I went overboard," says Kreep. "But I'm not defending what I did! I was too friendly, and that was wrong!" So, you see: judging is hard! Kreep overcompensated by being too friendly in an attempt to establish rapport in an attempt to save time. [I think only Kreep is buying what Kreep is selling.]

[Ladies, especially, "I was too friendly"??!?: Ever hear that line before??!? This part was, frankly, creepy (Kreep-y!) as fuck. It was so tone deaf my jaw may have slackened. But I'm not the only one to think so, because:]

The commissioner presses the point: COMMENTS ABOUT ACCENTS ARE JUST WRONG; WTF IS THE MATTER WITH YOU??!? Kreep admits it was wrong; he's sorry. Not done yet: commissioner: THIS IS A BREECH OF COMMON SENSE; YOU DON'T NEED A LAW DEGREE TO KNOW THIS SHIT. YOU SERIOUSLY CROSSED THE LINE. [N.b.: Those weren't the literal words; just an expression of the underlying tone.] The commissioner asks Kreep how he has changed since then.

Kreep notes he's made no inappropriate comments since his first year -- we know this because the PJ had to review every case since. ["Your tax dollars at work!"] In 2014, Kreep was transferred to "the UD court" (i.e., unlawful detainer, i.e., landlord/tenant) and has excelled there. [Kreep will later explain that he never hears a jury case, nor any case estimated to last longer than two hours; essentially Night Court, sans the laugh track.]


A commissioner asks what soul searching Kreep has done, what counseling has he sought? Kreep alludes to a lot of life-change events in his life (including his new wife, whom he married last year); "I came back from the dead twice" (heart attacks); has a new outlook; took lots of judge classes; talked to many of his fellow judges; Trump-ian levels of good character references.

Kreep: I was too friendly and too casual because I didn't receive enough training in 2013 (most judges get six weeks; I got three days). I was given a criminal-law assignment, a topic which I knew nothing about. [Recall the examiner's argument about Kreep's avoidance of responsibility. The last few minutes have been nothing but.]


So: the blanket challenges. Kreep starts to rehash some of the details when ...

A commissioner asks WHAT THE HELL WITH THIS OBAMA STUFF? And why are you even saying it wasn't election related (which is clearly a no-no for a judicial candidate)? Kreep, "I disagree."

Kreep, being the expert in the First Amendment that he is [ :roll: ], explains it was acceptable to raise funds with those letters. He wasn't campaigning against Obama's re-election. And, by the way, "My clients convinced me they had evidence to support their case [ :shock: ] but the first case was actually brought by a Hillary Clinton supporter in Philadelphia in 2008." [Yes, KREEP WENT FULL BERG! :swoon: You can tell Kreep is trying to avoid saying birther, natural-born citizen, ineligible, etc.]


A commissioner is back to the whole "salvation" issue; details, please? Kreep: The PJ has shown great faith in his abilities to handle UD; has given Kreep more UD cases (due to budget cuts).

A commissioner asks Kreep if he even, like, understands what a hostile environment he created in his courtroom? Kreep has learned, as shown by his recent rave reviews. He's changed! And he estimates that around half of the litigants before him don't speak English. [So he should be rewarded for not commenting on their accents!]

A commissioner wants more details, so Kreep explains some of the bases for the charges are about private conversations that mean ole attorneys overheard and then tattled to the CJP. [ :roll: ] But, mainly, Kreep doesn't talk to the attorneys anymore. That's Kreep's winning strategy!

A commissioner notes Kreep keeps touting himself as friendly, yet many of the complainers and witnesses described him as angry; who is right? Kreep dodges by saying all the complainers/witnesses were from the blanket-challenge fiasco. He goes into some detail about one complainer (who was a woman; a fact not lost on everyone but Kreep) who wrote all these mean memos about Kreep. Kreep "can only speculate" why everyone was so mean. [This is like victim shaming, again prompting a WTF? feeling in the room. And what happened to Friendly Kreep that Kreep keeps talking about?]


Kreep has burned his entire 30 minutes ... buuuut! [To be continued.]


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#452

Post by June bug » Wed Jun 28, 2017 8:01 pm

Great BOTG job, bob!!
:notworthy:

I'm hanging on by my fingernails awaiting the next installment!



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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#453

Post by Azastan » Wed Jun 28, 2017 8:08 pm

Oh man, don't keep us hanging like that!



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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#454

Post by bob » Wed Jun 28, 2017 8:39 pm

As Kreep goes to sit, his female lawyer rises and asks for five minutes (!) "for comments." The CJP's chair kinda sighs and grants it.

She says Kreep isn't dishonest. Just because Kreep disputes some facts doesn't mean he's a liar.

A commissioner asks if Kreep has the capacity to work in another courtroom, in a different assignment. "Does he plan to spend the rest of his career in UD?" [This is so good on so many levels: "the UD court" isn't really judge-level work; Kreep is a drain on the bench because he isn't pulling his weight.] She responds by noting his three years of good behavior, which suggests he's ready for other assignments. And he's just become a better person all-around.

So please don't remove Kreep! His first assignment was too informal, and he was too friendly. A bad combination that won't be repeated. And the blanket challenges won't happen again. And he won't be angry in public again. Promise!

The big close is an allusion to a jury instruction about how witnesses often disagree, but that doesn't mean anyone lied. ("If it did, every trial would end in perjury charges.") This landed with a dull thud. [At the hearing below it was found that Kreep lied; judges (and commission members, but not all members are judges or lawyers) know the difference, and how to distinguish the two.]

The chair: "Thank you." She sits.


The examiner rebuts. The examiner preliminarily notes the investigation into Kreep was formally closed in 2015, so anything about his behavior since isn't in the record, and is just speculation. So please ignore.

Kreep's explanations about the nicknames aren't in the record below (and Kreep wasn't under oath here). The examiner points out that Kreep in fact knew several of the attorneys' names, so the nicknames weren't an attempt at efficiency; don't buy that BS.

And let's get real about Obama, shall we? KREEP PERSONALLY AND PUBLICALLY OPPOSED OBAMA. Don't buy this "just fundraising" nonsense. Kreep on Obama: "not a natural-born citizen"; "cheat"; "liar"; "thug"; "socialist"; "tyrant"; "devastating." THERE WAS NO "CONSTITUTIONAL" ISSUE! [I may be biased, but I think this was the examiner's best moment -- heavy hitting that both highlights that Kreep just lied directly to the CJP, and that he's unfit for the bench on general principles. And, yeah, because he's a birther.]

A commissioner asks whether removal is necessary. The examiner is sure it is: to protect the public, and promote confidence in the judicial branch. "Kreep doesn't honor is own oath as a judge, so how can anyone expect him to judge others' oaths? Kreep isn't credible, so he shouldn't be judging others' credibility." BOOM. "What kind of training do you need to know to not comment on women's looks?" BOOM.

There are multiple acts of misconduct. Kreep's a liar. Remove him. MIC DROPPED.

* * *

Proceedings adjourned. Three people come over to shake Kreep's hand. We all file out. Kreep, his attorneys, and (I presume) his wife retire to the court's attorneys' lounge. (Yes, the 9th has one -- a nice one!)

* * *

The CJP at this point basically has four options: no public discipline (very unlikely); public reprimand (unlikely); censure (double reprimand!) (the second most likely option); or removal. Which is what I think is going to happen.

Kreep did a mostly decent job at doing what he was supposed to do, i.e., say he was sorry, that's he's gotten better, and promise it won't happen again. But a lot of what he said came off as smarmy. And unbelievable, which is really bad when he's already been found to have lied.

Kreep needs to convince at least six commissioners that he should keep his job, and it was obvious that several are already convinced that he should lose it.

* * *

Sorry, :sterngard: : No mention of Kreep's tardy departure from the birther civil war. :crying:


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#455

Post by p0rtia » Wed Jun 28, 2017 8:45 pm

:clap: :clap: :clap:


No matter where you go, there you are! :towel:
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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#456

Post by bob » Wed Jun 28, 2017 9:02 pm

S.D. U.-Trib.: State judicial discipline commission weighs fate of San Diego Judge Gary Kreep:
San Diego Superior Court Judge Gary Kreep sought to head off possible removal from the bench Wednesday by telling commissioners of the state judicial discipline agency he had acted inappropriately in his first months as a judge but has since changed for the better.

The embattled Kreep spoke for about 20 minutes at a hearing of the California Commission on Judicial Performance in San Francisco. The 11-member commission is weighing what discipline, if any, Kreep should receive for violating judicial ethics and conduct rules while on the bench.

* * *

The commission took the matter under consideration after a one-hour hearing. A decision is expected in 90 days.


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#457

Post by June bug » Wed Jun 28, 2017 9:18 pm

Thank you, bob!!!!!!!!!!!!!!!!!!!!!!! :kiss: :clap: :thumbs:

And now we wait...



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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#458

Post by RoadScholar » Wed Jun 28, 2017 10:08 pm

Yay bob! Kreep sure did a lot of excusing, deflecting, and minimizing for a guy attempting to play the remorse-and-redemption gambit.


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#459

Post by Sam the Centipede » Wed Jun 28, 2017 10:59 pm

C'mon bob, admit you enjoyed that!

But weren't you secretly hoping that Kreep would start by saying "my attorney is unable to be here today due to a family emergency so I have instead brought in a respected civil rights dentist realtor lawyer from Laguna Niguel. She will be here shortly with her enlarged exhibits."

:thumbs: Thanks for the super it's-like-being-in-the-room report bob! That was certainly a higher class gig than the sewers on the web that you regularly report on!



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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#460

Post by Notorial Dissent » Wed Jun 28, 2017 11:17 pm

Yes, bob, thanks, that was an enjoyable respite from other things. Question, does Kreep come across as smarmy and annoying as I think he does?


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#461

Post by Dan1100 » Wed Jun 28, 2017 11:19 pm

Of course he likes Unlawful Detainer Court, he gets to throw poor people out of the homes and into the street. What's not to like. Especially the non-white ones whining about rats, black mold and bullet holes in the windows. Not to mention having slum lords kiss his ass. It's racist right wing nut job heaven.


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#462

Post by boots » Wed Jun 28, 2017 11:47 pm

I have to say there are some judges and commissioners on the bench that I have to really wonder about their sanity, the way they routinely treat the litigators and their attorneys. I am glad to see this branch of government actually does something. I haven't followed this very closely and haven't appeared in front of this judge, however.



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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#463

Post by Sterngard Friegen » Wed Jun 28, 2017 11:53 pm

Typically brilliant posts by bob. But he's a pro at this shit.
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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#464

Post by NotaPerson » Thu Jun 29, 2017 12:07 am

Sterngard Friegen wrote:Typically brilliant posts by bob. But he's a pro at this shit.
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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#465

Post by Sterngard Friegen » Thu Jun 29, 2017 12:10 am

NotaPerson wrote:
Sterngard Friegen wrote:Typically brilliant posts by bob. But he's a pro at this shit.
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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#466

Post by NotaPerson » Thu Jun 29, 2017 12:19 am

Sterngard Friegen wrote:
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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#467

Post by Orlylicious » Thu Jun 29, 2017 12:44 am

Awesome reporting Bob, thanks very much!

Back in 2009 Kreep did a TV INFOMERCIAL about birfing! Sorry the Examiner didn't bring it up but agree, sounds like that was a really strong part.
As Seen On TV! Birthermercial Asks, Where Was Obama Really Born?
By Justin Elliott Published September 25, 2009 10:31 am

A new birther infomercial running on a CBS affiliate in Texas and elsewhere around the country tells viewers a “got a birth certificate?” bumper sticker can be theirs for the low price of $30. The 28-minute program — quite possibly the first ever birthermercial — features community access production values, heavy use of foreboding strings soundtrack, and standard-issue Birther ideology. For a $30 contribution, viewers also get a fax sent in their name to the 50 state attorneys general and Attorney General Eric Holder demanding that President Obama produce his real birth certificate.
***
One of the men behind the infomercial is attorney Gary Kreep, executive director of the Ramona, CA-based Birther group United States Justice Foundation. He told TPMmuckraker in an interview today that the initial buy was for two and half weeks at TV stations around the country, and he’s now looking into a second round buy. He says he’ll give us a list of stations playing the infomercial.

One of them is CBS affiliate KLBK in Lubbock, Texas. That’s where Lubbock resident Jim Schermbeck saw the infomercial last night at around 12:30 a.m., after The Late Late Show with Craig Ferguson, he tells TPMmuckraker. A scheduler at the station confirmed to us that the infomercial is running, but the employee in charge of paid programming did not immediately return our calls.

In its first week on the air, the infomercial generated “something like 1500 to 2000 faxes,” Kreep says. The money goes to the price of the faxes and to the cost of airing the program, with any extra money going to the United States Justice Foundation.

(As a side note, it’s worth noting that Kreep is currently engaged in an intra-movement feud with the pioneering Birther attorney Orly Taitz.)

The program was produced by LivePrayer.com, a Web site affiliated with Bill Keller, a fundamentalist Christian minister who also hosts the infomercial.
http://talkingpointsmemo.com/muckraker/ ... eally-born

Highlight reel:
Published on Sep 25, 2009
Highlight reel of birther infomercial running on a CBS affiliate in Texas and elsewhere around the country, September 25, 2009
full video at http://www.liveprayer.com/obc.cfm
[bbvideo=560,315][/bbvideo]

Gary Kreep is garbage who never should have been on the bench in the first place. I sincerely hope Bob's right and he gets bounced.


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#468

Post by bob » Thu Jun 29, 2017 12:45 am

Notorial Dissent wrote:Question, does Kreep come across as smarmy and annoying as I think he does?
Basically, yes.

When it came to the "I'm sorry" and "I've learned so much" parts, he was actually pretty good; he hit a decent note.

But his entire "I was too friendly" routine, which he oversold, was way smarmy. His recounting of the details made it worse.

Similarly, his "I'm not making excuses" line was almost always followed by an excuse. Almost Klayman-level insincere.

The Berg gambit was the nadir. He wasn't even accused of being a birther, but he offered up a bizarre defense of his letter anyway. (He sounded like he's still a believer.) He believed "send money" excused the unethical politicking. And then he got defensive and essentially lied. Unimpressive and annoying.

The birthering was ultimately incidental to actual charges against him. But I thought the examiner hit those hard enough to leave a mark while still focusing on the actual issues before the CJP.

Kreep was probably the only one who thought he was personable and real. And more than one commissioner was totally put off.


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#469

Post by bob » Thu Jun 29, 2017 1:36 am

Techno Luddite wrote:I am glad to see this branch of government actually does something.
"For completeness," the CJP has many critics;* often with derisive comparisons to the state bar. In its, like, 40 years of existance, the CJP has removed around a dozen judges from the bench. (The rest were just great, eh?) The CJP moves too slow, critics say. (Most of Kreep's bad acts happened in 2013, and Keep still has at least months more on the bench; c.f. Roy Moore.) Kreep is up for re-election in 2018; even if he survives this, I'd be surprised if he would face the voters again.

Part of the problem is that the CJP has too few arrows: basically it can do nothing; issue promotion-killing letters that let judges stay in their current jobs; or remove them from the bench. So it often conservative in its actions.


* Apologies to the CJP defenders.


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#470

Post by Whatever4 » Thu Jun 29, 2017 1:57 am

The hearing was in courtroom one. (Sorry, Mike, not the "intimidating" one.)


Good lord, which one is the intimidating one if that's not it? :shock: :think:

(BTW, awesome reporting!)


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#471

Post by Sterngard Friegen » Thu Jun 29, 2017 2:01 am

bob wrote:
Techno Luddite wrote:I am glad to see this branch of government actually does something.
"For completeness," the CJP has many critics;* often with derisive comparisons to the state bar. In its, like, 40 years of existance, the CJP has removed around a dozen judges from the bench. (The rest were just great, eh?) The CJP moves too slow, critics say. (Most of Kreep's bad acts happened in 2013, and Keep still has at least months more on the bench; c.f. Roy Moore.) Kreep is up for re-election in 2018; even if he survives this, I'd be surprised if he would face the voters again.

Part of the problem is that the CJP has too few arrows: basically it can do nothing; issue promotion-killing letters that let judges stay in their current jobs; or remove them from the bench. So it often conservative in its actions.


* Apologies to the CJP defenders.
In cases involving moral turpitude it can also prevent ex judges from practicing law again, or impose conditions before they can.



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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#472

Post by bob » Thu Jun 29, 2017 2:03 am

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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#473

Post by Notorial Dissent » Thu Jun 29, 2017 2:05 am

Since I basically think he's slime to begin with, and a habitual liar, none of that really comes as any kind of a surprise, and I seriously doubt that he has changed one iota, that kind of behavior is ingrained. He is unfit as a human being, unfit as a lawyer, and horribly unfit as a judge.


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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#474

Post by Sterngard Friegen » Thu Jun 29, 2017 2:08 am

bob wrote:
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Re: HIZ HONOR Gary Kreep -- CJP FINDS ETHICAL VIOLATIONS!

#475

Post by bob » Thu Jun 29, 2017 2:10 am

Notorial Dissent wrote:Since I basically think he's slime to begin with, and a habitual liar, none of that really comes as any kind of a surprise, and I seriously doubt that he has changed one iota, that kind of behavior is ingrained. He is unfit as a human being, unfit as a lawyer, and horribly unfit as a judge.
To Kreep's credit, I think this experience has taught Kreep to keep his inside voice on the inside. Something most people learn while their ages are still in single digits. Before, yaknow, becoming a judge.


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