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Mark Boessenecker
Divorce Judge 2009 - 2010
"Worse Divorce Judge in Napa"

He who passively accepts evil is as much involved in it as he who helps to perpetrate it.
He who accepts evil without protesting against it is really cooperating with it.    Martin Luther King, Jr.

To those who have been harmed by this Judge - File a Compliant NOW - Click Here for Sample Complaint

Average Grade Scale            
4.0 - 3.7
3.69 - 3.50
3.49 - 3..2
3.19 - 2.7
2.69 - 2.5
2.49 - 2.2
2.19 - 1.7
1.69 - 1.50
1.49 - 1.20
1.19 - 0.7
0.69 - 0.50
0.49 - 0

JUDGE Overall Performance in Divorce Court? Information

Mark Boessenecker
Family Law Judge 2009-2010

Subjective Scoring is based on being a Judge in Divorce Court only. It is unknown how this Judge is for other types of court hearings, although I highly question his ability to be fair and impartial.

Would you be surprised to see the answers to the following?:

  • Would this Judge deny license health care professionals report?
  • Would this Judge deny Evidence?
  • Would this Judge defend and protect certain "friend" attorney(s)?
  • Would this Judge deny crucial Evidence from a recognized California Superior Court Panel Expert?
  • Would this Judge family be on Facebook with opposing side while handling the case?

Napan's should be very
concerned about a Judge like this!


Disciplined by State Judicial Branch?
Unknown, but should be!
Years as Family Law Judge?
~ 1-2 Years
Type of Judge?
Criminal "Guilty before Inocent?"
Legal & Reasoning Ability?
Knowledge of rules, procedures & evidence?
Avoids impropriety & appearance of impropriety?
Treats people with integrity, dignity and respect?
Bias towards Sex, Race, Religion, Disability or Economic Status?
Unknown at this time
Listens patiently to both sides?
Dignified, patient and self control?
Punctual & Pre paired?
Control of Courtroom?
Holds Spouse in Contempt when Court is Lied To?
It appears he allows the spouse to LIE
and does nothing!
Decisions & Rulings in Timely Manner?
Support: Tends to Rule in Favor of Mom or Dad
Appears to Favor Mom &
Woman in General
Not Engaging in ex parte communication(s)?
F - Extremely Suspect
Appearance and or Prejudgment of a Matter?
Appears to have Prejudgement
Past Partner, Friends or Acquaintance of Lawyer?
Unknown at this time
Aligns with one side in the proceeding?
Yes. With Mom and Certain Attorney's
Children: Encourages Co-Parenting & Visitation?
Rules Against Med-Legal Professionals?
Yes - He will Rule against what a License Health Care Professional Advises - Even one he Picked!
Apparently he believes he has a Doctorate or Health License as well as being a Judge "very impressive".
If Yes Above: Acts as a Licensed Health Care Professional?
Promotes Public Understanding and Confidence in Court? FFFFF

JUDGE Boessenecker
IN 2010!!!

I'm sad to report that Boessenecker was elected by DEFAULT in 2010.

How did this happen?

  • Mark Boessenecker was the Only Judge listed on the ballet.
  • Upon speaking with the Registrar of Voters I was amazed to learn how elections are run!
    • The only Judge "Automatically" put onto a ballet is the one who was "Temporarly" assigned the position -unless another Attorney / Judge files several months prior.
    • The ballet box has only ONE option to Vote - Not an option to vote "NO"
      • To Win - Only required ONE VOTE!
      • So if every person did not vote for the Judge and One person put a vote in, then that Judge would win.
      • We should be able to vote NO and to have the election decided on the number of Yes vs No votes.
    • Welcome to the ongoing broken Legal system! ... that says "JUSTICE" on its front door step.
      • I believe most Judges in Napa are good, however my first hand experience with this Judge is very poor. I've been witness to the bias and injustice this man has done and he should be ashamed of himself

Tuesday, August 21, 2007 - Napa Register By MARSHA DORGAN -Register Staff Writer

Prosecutor Mark Boessenecker has been a victim's advocate for 21 years.

  • Based on what I have witnessed Mark Boessenecker considers you guilty before inocent
  • see responses below obtained from the Napa Valley Register.

MarshaMarsha wrote on Nov 17, 2007 6:45 PM:
" With such wonderful long-time friends in the DA's office, it will be interesting to see if Mr. Boessenecker can remain non-biased in difficult cases. An attorney becomes a prosecutor for one reason and one reason only: They like to win. Having a good ol' bud wearing a robe on the bench has to be a very secure feeling indeed. "

I'm confused... wrote on Aug 21, 2007 10:39 PM:
" Let me see if I have this right... A man who made a long successful career believing that every single person appearing in court was absolutely guilty beyond reasonable doubt can suddenly change to non-biased and become a judge. By choice, and not by some enlightening realization. Congratulations, Mark, and, uh... Good luck with that. "

Minerva wrote on Aug 23, 2007 5:22 PM:
" I'm confused too. He's only lived in Napa a couple of years! Will he have to recuse himself like all the others from cases involving law enforcement? "

Boessenecker will complete Young's term, which expires in 2010. At that time, he will have to be elected to the bench by the Napa County voters.

Boessenecker believes he will serve the public well on the bench.
** Not from what I have been witness to **

"I am a person who wants to hear both sides so I can make decisions that are good for the community," he said. "Even after all my years as a prosecutor, I have always looked at each case objectively. I will be able to carry that over as a judge."

** Objectivity! I have witnessed this Judge spend time defending an Attorney Friend, rather than deal with the court in a professional manner. I have been witness to this Judge not listen to other side... stating that he would let them speak and then not allow them to speak at all after allowing his Friend Attorney to speak.**

Boessenecker said his biggest challenge will be learning the areas of law not familiar to him, such as civil law.
** Also not familiar with Family Law ... and allows his Friend Attorney's help guide him **

"I know I will have to make some adjustments from being the advocate and participant in the case to an impartial arbitrator. But I have no doubt I will make that adjustment," he said. "Whether an advocate or an arbitrator, my job is to do the right thing. And I will do that."
** Boessenecker is still an advocate and has said so in court .. Again Guilty before inocent **

Boessenecker and his wife, Janet Rivas, have two sons, Brian, 15, and Eric, 12.
** Boessenecker may have children, however he may take yours away from you by not allowing evidence into a court hearing that very likely would show that your spouse just used / manipulated the Judge and Court System to remove your children away from you .... this is not a father, nor a Judge...this is a Prosecutor at his best who believes your guilty before being proven inocent and he should not be allowed to sit on the bench *



Chief Justice Tani Cantil-Sakauye &
Director-Chief Counsel - The Honorable Victoria B. Henley
Commission on Judicial Performance
455 Golden Gate Avenue, Suite #14400
San Francisco, CA 94102 -3688

Judges Information:                                                            Name and Case Information

Hon.                                                                                         Date Filed:

Superior Court of California, County of Napa                  Case Name: Petitioner , vs. Respondent
825 Brown Street Case No:
Napa, CA 945559

RE: Complaint about a California Judge – Hon. _____________________

Dear Chief Justice Tani Cantil-Sakauye and Director-Chief Counsel - The Honorable Victoria B. Henley of The Commission on Judicial Performance California,

The factual basis for this complaint arises from Hon. _______________ handling of case between _______ vs. ________. Based on information and belief, Hon. _______________ breached being an officer of the court and violated his duty as a Judge

This is not an isolated incidence. There should be no mitigating factor in Hon. _______________ lack of a disciplinary record. He was admitted to the bar in 1986, appointed to temporary Judgeship in 2007 and was elected unopposed with no effort other than filling out a form and paying a filing fee and with no ability for voters to vote no in the 2010 election cycle. Hon. _______________ lack of a prior record is not especially commendable, as Hon. _______________ has been practicing and participating long enough to know that his conduct was, is and remains wrong, unprofessional and unethical!

It is demanded that Commission on Judicial Performance review and order Hon. _______________ be removed from office in this State and that his name be stricken from the roll of Judges.


On or about ______________, I was informed of specific information (copy of All Exhibit’s and is incorporated by reference herein) in regards to Hon. _______________ as to why he engaged in a course of prejudicial misconduct, willful misconduct and a pattern of misconduct involving inexcusable gross neglect, failure to act, and demonstrating an unwillingness or inability to perform judicial functions which are essential to the fair and efficient administration of justice.

Sequence of events from November – December “year”:

This is the sequence of events:

  • I was informed that ……….
  • A copy of that Page is attached as Exhibit A1, A2 and A3 and is incorporated by reference herein.

Based on information and belief, Judge _______________ engaged in willful misconduct involving embroilment, persistent failure to perform judicial duties, ex parte communications, which is fundamentally at odds with the integrity, and restraint expected of the judiciary. Further, the lack of candor and accountability manifested by Judge _______________ in the proceedings raises substantial concerns regarding his suitability to remain on the bench.




Of special note under this canon is the statement,

“A judge should not lend the prestige of the judicial office to advance the private interests of others; nor convey or permit others to convey the impression that they are in a special position to influence the judge. A judge should not testify voluntarily as a character witness.”

According to another canon,

“A judge should accord to every person who is legally interested in a proceeding, full right to be heard.” By, in essence, by Judge _______________ voluntarily testifying as a character witness on behalf of Petitioners council ________, Esq, and by never allowing Respondent to present his side, this certainly showed not just a potential for bias, but also a true bias.


    Under this canon, “a judge should accord to every person who is legally interested in a proceeding, full right to be heard according to law, and, except as authorized by law, neither initiate nor consider ex parte communications on the merits, or procedures affecting the merits, of a pending or impending proceeding.”

    It also states that,

    “A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to instances in which: (a) the judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.”

Two very specific events occurred that are below, however this does not by any means indicate that numerous other events have likely occurred:

A1: Respondent’s attorney filed a Motion in Limine on or about “DATE” regarding several issues and specifically the inappropriate handling of the case by Petitioners attorney ____________, Esq – Partner at _________. “ATTY” on a number of occasions submitted paperwork / declarations not in a timely manner in clear violation of the Rules and Regulations adopted by the Napa Superior Court.

A2: Judge _______________ demanded that a review of custody, visitations and that the court would decide custody issues based on the report provided by said health care professional - A copy of that court signed stipulation is attached as Exhibit E1, E2 & E3 and is incorporated by reference herein. Prior to this stipulation Petitioner demanded that __________ (Licensed Clinical Social Worker) Lic # _______ provide this service. Respondent demanded that ________ PhD, MFC, LEP (PhD #PSY / MFC # / LEP #) provide this service as Respondent felt that she was far more qualified to help my children, understand the behavioral issues and have the expertise to handle this very contentious case. Again another legal case ensued and as anticipated by the Respondent based on the ongoing bias against Respondent and Respondents Attorney’s as noted herein and throughout this complaint, Judge _______________ choose ___________ over Dr. ________ even though Dr. ___________ was far more qualified on several fronts including but not limited to her higher education and length of time in handling issues and cases of this nature.

When Mr. __________, LCSW provided his evaluation, findings and recommendation on ___________09 (A copy of his report is attached as Exhibit F1 and email reply F2 and is incorporated by reference herein) along with similar evaluation, findings and recommendation by Dr. ____________, PhD on March ________ whom specializes in child psychology, parental alienation and high conflict cases - A copy of that report is attached as Exhibit G1& G2 and email reply G3 and is incorporated by reference herein), both Mr. __________ and Dr. _____________ professional opinions were that the original report issued by Dr. __________ PhD, regarding family psychological evaluation and fitness for custody was written previous to disclosure of additional important information regarding the case and that Dr. ____________, PhD should re-review the case, given the new information.

Again Judge _______________ ’s clear bias and as a Non-Physician with no medical training, no training in health, health care, health sciences, behavioral sciences, social resources, Judge _______________ went against his own court request and stipulation that the next course of action would be determined in this case ______________, LCSW thus quashing the very recommendations he requested, including that of a noted PhD Forensic Psychologist - Dr. __________.  This action forestalled any recourse the Respondent had in rectifying the gross miscarriage of justice that occurred in Judge _______________ 's courtroom.

Judge _______________ violated numerous Judicial canons in several ways:

In Relation to A1: A copy of the original notarized compliant filing to the Commission on Judicial Performance dated February ___________ is attached as Exhibit H1, H2, H3, H4, H5, H6, H7 & H8 and is incorporated by reference herein.

  • Judge _______________ spent nearly 20 minutes not acting as Judge, but acting as a Friend / Counselor by spending those nearly 20 minutes of court time defending the integrity of Petitioners Attorney ­­­­­­­­­­­­­­­­­­­­_____________ making statements such as but not limited to:
    • Pronouncing, Projecting & Defending in Open Court to all - “I’ve known _____________ for I believe he stated something to the effect of 20-30 years, and I know her integrity … etc, etc, etc”, rather than act as a judge and handle the Motion with
    • Judge _______________ stated that my “Respondents” attorney would be allowed to speak regarding the Motion in Limine, however this never occurred. Judge _______________ was to busy and too caught up in defending the integrity of _______________ and thus Judge _______________ unilaterally Dismissed the filing without properly looking into the merits and possible sanctions against ___________________ thus Denying Respondents Attorney and myself due process, notwithstanding
      • The content of the judge’s defending ____________, in particular, suggested prejudgment of a matter before him; Judge _______________ ’s use of the words “I” and his solicitation of the attorney’s regarding the matter at hand procedurally also suggested that Judge _______________ ’s had aligned himself with one side in the proceeding. The language used in his defending and references clearly gives the appearance of bias and animus, and was entirely inconsistent with a judge’s obligations to be impartial and to maintain the dignity of the court.
      • Based on information and belief, it is my opinion that Judge _______________ ’s actions displayed bias, appeared to be retaliatory and were contrary to Canon 3E of the California Code of Judicial Conduct, which at the time of the judge’s conduct provided: “A judge should disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, or in a proceeding in which disqualification is required by law.”
      • Judge _______________ appeared to exhibit animosity toward Respondent’s attorneys and display personal embroilment and animosity toward Respondent’s Attorneys and or Respondent. This conduct is contrary to Canon 2A of the California Code of Judicial Conduct.
      • Judge _______________ ’s abusive and hostile actions toward counsel reflected adversely on his judicial office. In accordance with the California Code of Judicial Conduct in effect at the time of Judge _______________ ’s conduct, judges are expected to be impartial, patient, dignified and courteous when dealing with litigants and lawyers on matters pending before them (canon 3B). Even quasijudicial activities must be conducted in a manner that does not demean the judicial office or interfere with the proper performance of judicial duty (canon 4A).
      • Furthermore, based on information and belief, canon 2B(1) (a judge shall not allow family, social, or other relationships to influence the judge’s judicial conduct or judgment; a judge shall not convey, or permit others to convey, that any individual is in a special position to influence the judge), canon 2B(2) (a judge shall not lend the prestige of judicial office to advance the personal interests of others), and canon 3B(7) (a judge shall perform the duties of judicial office impartially by permitting every person who has a legal interest in a proceeding, including the prosecuting authority, a full right to be heard according to law) of the Code of Judicial Ethics.

In relation to A2: Judge _______________ review of custody, visitations and that the court would decide custody issues based on the report provided by said health care professional :

  • Judge _______________ on or about _________ stipulated that a review of custody, visitations and that the court would decide custody issues based on the report provided by said health care professional.
  • Judge _______________ ruled on and stipulated in favor of Petitioner that __________, LCSW shall do counseling sessions and report to the court over the request and objection from Respondent that Dr. _____________, PhD was far more qualified to do the counseling sessions and provide a report for this case.
  • Judge _______________ on ___________ per Minute Order stated “Off the record and outside the presence of counsel and parties, Judge _______________ orders that if issues arise in the future, this case shall be assigned to him for all purposes”. A copy of that minute order is attached as Exhibit I1 and is incorporated by reference herein.
  • Judge _______________ obtains _____________ report, findings and suggested course of action sent directly to Judge _______________ .
  • On ?/?/20__ __________, LCSW and Dr. __________ are duly sworn and take the stand. A copy of that minute order is attached as Exhibit J1 and is incorporated by reference herein.
  • On ?/?/20__ Dr. ________ continues her testimony and other are sworn in and provide testimony that day. A copy of that minute order is attached as Exhibit K1 and is incorporated by reference herein.
  • On ?/?/20__ Judge _______________ clearly was aggravated and did not want to hear any further discussion on the issues at hand.
  • On ?/?/20__ Judge _______________ , a legal authority and non-physician unilaterally went against his own demand / request / order and stipulated by the parties per Exhibit E2 to have a health care professional determine and provide the next course of action for the best interest of the children. On this day Judge _______________ did not want to accept any findings / statements such as Lacey from Napa Access (A copy of that minute order is attached as Exhibit L1 and is incorporated by reference herein) who showed that “PETITIONER” was causing the issues at hand and most importantly Judge _______________ – A Judge – Not Dr. or health care professional denied the two health care professional examinations, reviews, advise and suggested course of action thus denying Respondent’s ability for due process and in the long term the health and safety of his children. A copy of that minute order is attached as Exhibit K1 and is incorporated by reference herein.
  • Based on information and believe, Judge _______________ constituted an abuse of authority and demonstrated embroilment. It violated canons 1 (a judge shall uphold the integrity of the judiciary), 2 (a judge shall avoid impropriety and the appearance of impropriety), 2A (a judge shall promote public confidence in the integrity and impartiality of the judiciary), 3B(2) (a judge shall be faithful to the law), 3B(4) (a judge shall be patient, dignified, and courteous) and 3B(7) (a judge shall accord to every person who has a legal interest in a proceeding the right to be heard).


To help avoid a lengthy discussion, please see all Exhibits – Exhibits A – K1, which includes the original Judicial filing dated February ___________. The Exhibits are self-explanatory.

A noted point as described in my original filing Exhibit H4 since I knew Judge _______________ had a biased, I state “At this time, I expect and believe that Hon. _______________ will continue with his bias and prejudice ways by continuing to side with opposing council and provide me with a fair and reasonable opportunity to be provided with my due process”.

Judge _______________ unilateral decision against the advise of two licensed health care professionals, along with Ex Parte communication amongst many other issues that I have limited time to fully investigate, based on information and belief, canon 2B(1) (a judge shall not allow family, social, or other relationships to influence the judge’s judicial conduct or judgment; a judge shall not convey, or permit others to convey, that any individual is in a special position to influence the judge), canon 2B(2) (a judge shall not lend the prestige of judicial office to advance the personal interests of others), and canon 3B(7) (a judge shall perform the duties of judicial office impartially by permitting every person who has a legal interest in a proceeding, including the prosecuting authority, a full right to be heard according to law) of the Code of Judicial Ethics.


Based on information and belief, Judge _______________ is motivated by bad faith with a conscious desire to injure my family and myself using numerous, multiple and repeated instances of unprofessional and unethical behavior, fraudulent willful and contrived misrepresentations acting with oppression, malice, and fraud with the conscious and willful desire to deceive the court to purposefully harm and deny my due process.

Judge _______________ engaged in a lengthy colloquy in which he questioned the Respondents attorney’s motives for seeking to introduce the evidence and at the same time championed and praised his respect to Petitioners attorney. Judge _______________ did not make a firm ruling until the end of his lengthy colloquy after he had ridiculed the Respondent / Respondent’s attorneys and prejudiced his case.

The transcripts regarding the In Limine filing and court appearance will show that Judge _______________ : “interjected himself into the proceedings by engaging in a lengthy, sympathetic, affectionate and protective stance on behalf of ______________, Esq and an antagonistic critique of __________ Law Group et al performance and ethics, in front of the defendant and opposing counsel. The judge’s statements unnecessarily attacked ___________ Law Group et al professional competence, and motives, when it should have been obvious to the judge to simply handle the case in a proper and dignified manner. The judge’s remarks violated his duty to be patient, dignified and courteous, and gave the appearance that he was unable to remain neutral and impartial in the consideration of the matter. He unnecessarily embroiled himself, as he has shown a propensity to do on other occasions, in a needless and harmful harangue.” Again based on information and belief, Judge _______________ ’s extended remarks to ____________ Law Group et al and hence Respondents constitute willful misconduct. They were made in his judicial capacity and were unjudicial as they violated canons 1, 2A and 3B(4).

It is believed that Judge _______________ to protect his job will likely seek to minimize most if not all the information, beliefs and facts provided herein and it is believed that Judge _______________ will not appreciate the inappropriateness of his conduct and based on the number of incidents with my case based on belief and facts provided herein, Judge _______________ would likely again violate the California Code of Judicial Ethics, if allowed to remain on the bench

I know the Judicial commission’s responsibility for the “protection of the public” weighs against subjecting future litigants, witnesses, the public and court staff to a judge who is dishonest or who, after a career in the district attorney’s office and a few years on the bench, cannot recognize the impropriety of what he has done. I would hope that the “enforcement of rigorous standards of judicial conduct” favors removal, as anything less might appear to countenance Judge _______________ ’s multiple acts of willful misconduct.

The “maintenance of public confidence in the integrity and independence of the judicial system” also weighs in favor of removal. The public understands that a Judge not attempting to provide what the court hopes in having both parents involved in their children’s lives, Ex Parte communications and the making of health care decisions when a Judge is not a licensed health care provider, nor has any health care experience knows that it is wrong. The public need not tolerate a judge who dismisses such a serious case without providing due process and thus performing a judicial act that exceeds the judge’s lawful power with a conscious disregard for the limits of the judge’s authority. When a judge lashes out or personally attacks an attorney or becomes embroiled in a matter, the judge abandons his or her judicial role.

Judge _______________ ’s misconduct not only compromises confidence in the integrity of the judicial system, but also potentially interferes with the administration of justice and hurts people. Judge _______________ ’s actions continue to have an impact on my children, my family and myself to this day.

For the reasons set forth in this formal compliant, it is formerly requested to protect the interest of public, my children, my family and myself that the Judicial commission hereby remove Judge _______________ from the bench.

“judges are held to a higher standard of conduct than attorneys. The Supreme Court has noted that it expects all judges to comply with the canons and that failure to do so “suggests performance below the minimum level necessary to maintain public confidence in the administration of justice.”

Judge _______________ should be removed from office for prejudicial misconduct, willful misconduct, or persistent failure to perform judicial duties. (Cal. Const., art. VI, § 18, subd. (b).). For these and other reasons expressed in this letter, it is the prayer and relief that Judge _______________ be removed from the bench.

If you have any questions, please feel free to contact me at any time at 000000000.

Sincerely Submitted,


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