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The same practice was common around the state, but not like in LA County, where state legislators exempted judges and county supervisors from prosecution.
For his many years of crime fighting, Fine was charged with "contempt of court" and "moral turpitude," disbarred by California's Supreme Court and jailed by Superior Court Judge David Yaffe "in retaliation for bringing the cases and exposing the unconstitutional payments," ones later held to be unconstitutional.
Fine's case is currently before the US Supreme Court. The California Bar waived its right to respond, meaning his appeal is unopposed. Also in his favor was a late 2009 decision in Sturgeon v. LA County (brought by Judicial Watch) deciding that county payments to judges are illegal.
Yet, with the help of California Supreme Court Chief Justice Ronald M. George, state-paid lobbyists got legislators to pass "a midnight bill" (SBX2-11) at the peak of last year's budget crisis, changing the law to make the payments appear legally authorized to continue, besides giving everyone involved retroactive immunity from criminal prosecution.
Note: immunity is never given when no crime was committed.
The latest on SBX2-11 immunity is that it's not in the "official Code" like the rest of the bill, Fine's friends and associates asking, "Why are they hiding this pardon of over Ten Million Felonies from the public." They further say the bill "is an ex post facto law. Its immunity provisions will ultimately be repealed," so complicit judges aren't off the hook.
As of mid-April, 2010, Fine remains in LA County Men's Central Jail, the "worst jail in the United States," according to an ACLU investigation and report (aclu.org/prisoners-rights/aclu-releases-report) calling it "nightmarish" because of severe overcrowding (with over 20,000 detainees), violence, and overall conditions causing serious mental illness.
Fine is held in solitary confinement under horrendous conditions to punish him - with no fresh air, bright all-night overhead lighting, and no pen and paper to petition a higher court, a right ever serial killers get. Also, reporters (at least until now) were denied permission to interview him. He's not allowed to post bond or get a hearing, and is ordered to stay in jail until he relents and withdraws his charges.
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