Tuesday, March 21, 2006

Child Support Rulings Could Be In Jeopardy Due To Oath Issue - CA

Child Support Rulings Could Be In Jeopardy Due To Oath Issue

This is a rather long article so if it is applicable to you please link and read it in full.

Excerpts:

Who’s William S. Hochman?

According to the Marin County Bar Association and the title he uses, he’s a commissioner with the Marin County Superior Court, rendering decisions in the Department of Child Support Services and in essence, involved in administering a $90.2 million contract between the Department of Child Support Services and the Judicial Council of California.

How much Marin County receives in federal and state reimbursements appears to be directly tied to how Hochman rules and may constitute a significant conflict of interest in that the higher he sets child support awards, the more money the county receives which indicates that may not be concerned about the facts of the specific case but rather how much revenue he can generate for the county.

But according to the website for the Marin County Superior Court, he’s not a commissioner.

There are four commissioners listed for Marin County----and William S. Hochman isn’t one of them.
http://www.co.marin.ca.us/depts/MC/main/commissioners.

Is he a state officer, a county officer or is he legally in office at all?


Is he appointed or elected or is he an employee or an independent contractor?

No one in Marin County will say but yet the county bar calls him a commissioner and in a February, 2005 Bar newsletter, lists his address as the Marin County Superior Court in San Rafael.

The “program” which Hochman presumably oversees reportedly nets Marin County about $654,000 a year for his services although his salary is allegedly in the neighborhood of $150,000 with retirement contributions reportedly about $90,000.

When a California resident attempted to utilize a subpoena to obtain the public information concerning the administration of the state and federal monies and information concerning Hochman’s appointment and compensation, Hochman himself quashed it.

According to the statutes and Constitution of the State of California, it appears that Hochman is performing the duties of the office without legal authority, going so far as to imprison individuals without allegedly having the legal authority to do so. So far, officials in Marin County have been reluctant to comply with the state’s laws concerning public records about Hochman.

As a result of his alleged non-compliance of the law in regard to filing his oath and bond, any and all decisions that he has made in regard to setting child support could be legally challenged and perhaps vacated.

Neither Marin County nor state officials can or will produce either an oath of office or a bond for Hochman, both required. Without an oath and bond being subscribed to and filed in the county clerk’s office, Hochman can’t legally perform judicial duties and can’t legally be paid by county tax dollars.

Scott M. Beseda, human resources manager of the court, refused to respond to the request and did not produce a copy of the requisite oath required to be filed by Hochman, saying that in California, “the judicial branch of government, including the Superior Courts, its employees and contractors, are not subject to the Public Records Act”.

The Secretary of State also indicated that there was no oath on file in Sacramento either for William S. Hochman, indicating that while he’s doling out child support orders totaling thousands of dollars of individuals, rendering lives in total upheaval, it appears that he is doing so in total absence of jurisdiction and without legal authority. In fact, it appears that Hochman is doing so in violation of state law and the Constitution.

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2 Comments:

Anonymous Anonymous said...

As a Father that has been in Hochman's court my impression was that protecting the actions of Child Support Services, right or wrong, was much more important that the case at hand therefore having another agenda has described is understandable.

1:02 PM  
Blogger tigard said...

Hochman is a douchebag what else describes a slimy piece of shit

3:33 PM  

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