Judge Rogelio R. Flores ignores the constitutional rights of 20,000 citizens in California.

Iamnotastatistic's picture
Submitted by Iamnotastatistic on Tue, 02/19/2013 - 15:26

Judge Rogelio R. Flores, Superior Court Judge in Santa Barbara County, CA, is not only a judge in the Santa Barbara Substance Abuse Treatment Court he's also a trustee of the General Service Board of Alcoholics Anonymous. Does anyone else see a conflict of interest here?
The Santa Barbara County Substance Abuse Treatment Court mandates A.A. attendance:
"A treatment plan is developed for each participant which involves individual and group counseling, frequent drug testing, acupuncture to reduce cravings, regular AA or NA meetings and weekly court appearances." http://www.sbcourts.org/special_programs/satc.htm.

It gets worse...
Judge Flores has commented several times in A.A. publications since his appointment as A.A. trustee:
" 'I keep extra copies of the Grapevine in my chambers and in my courtroom. I give them a copy of whatever one comes to hand, whatever one happens to be closest, and I say ‘I want you to take this Grapevine home and I want you to read it. And I want you to write me an essay about the one story in there that really touched your heart.' ”
" 'Instead of putting you in jail,” he said, “I want you to read this Grapevine.' "
" 'If there’s alcoholism involved, who do we call? We always call A.A.; we always rely on the hand of A.A. to help the still-suffering alcoholic.' "
A.A. Box 459 - Vol. 54. No. 6. Holiday issue 2008. http://www.aa.org/en_pdfs/en_box459_holiday08.pdf

1. Judge Flores engaged in religious proselytizing in his court. AA is religious and thus the Grapevine is a publication of a religious organization.
2. Judge Flores cannot order someone to read the Grapevine or go to jail. There must be a secular alternative.
3. Judge Flores cannot "always call A.A.", "If there's alcoholism involved". He must call a secular alternative.

In 2010 Judge Flores was quoted by A.A. as follows:
"...by his own estimate Judge Flores has sent over 20,000 alcoholics on to A.A."
Flores described A.A. as "...a program that was not religious but spiritually-based, with strong spiritual principles..."
"Even though he is not a member of the Fellowship, Judge Flores is a firm believer that the strongest counselors in his court, the people who are most on-fire for helping people out, are those who are in recovery themselves. “They’re the ones I turn to for resources. They know what their lives would be like if
they started drinking again." "
About AA - Spring 2010 Issue. http://aa.org/lang/en/en_pdfs/f-13_spring10.pdf

1. Judge Flores has no qualms about ignoring the constitutional rights of 20,000 citizens by sending them to A.A.
2. Judge Flores insists that A.A. is not religious but spiritual even though federal case law on this subject is clear - See Inouye vs. Kemna below.
3. Judge Flores apparently likes to employ counselors in his court that are in recovery and one would assume also A.A. members. That's a discriminatory employment practice.

There should be no doubt in Judge Flores' mind that his actions were unconstitutional. According the opinion of the United States Court of Appeals for the Ninth Circuit in Inouye v. Kemna, 504 F.3d 705 (9th Cir 2007):
"...was the pertinent Establishment Clause law “clearly established” on this point such that a reasonable official would know that his or her conduct was illegal? Sorrels, 290 F.3d at 969. We find that it was. The vastly overwhelming weight of authority on the precise question in this case held at the time of Nanamori’s actions that coercing participation in programs of this kind is unconstitutional."
"This uncommonly well-settled case law alone is enough for us to hold that the law was clearly established, sufficient to give notice to a reasonable parole officer, in 2001."

The United States Court of Appeals for the Ninth Circuit covers all of the State of California. Judge Flores should have known, if he were a "reasonable official", that his actions were unconstitutional AND according to the 9th Circuit, Flores should have known this from as far back as 2001 or further.

How can an official in this position be so ignorant of the case law and of the constitutional rights of citizens?

Comments

Pennywise's picture

Pennywise

Tue, 02/19/2013 - 15:41

I think your assessment is 100% accurate.

"Hokey religions and ancient weapons are no match for a good blaster at your side, kid."

Orange's picture

Orange

Tue, 02/19/2013 - 15:43

That's the most blatant abuse of the justice system for promotion of A.A. that I've seen.
Good find.

massive's picture

massive

Tue, 02/19/2013 - 19:16

An excerpt from the AA literature about Working with professionals.

An Attorney’s Changing Attitudes
Understanding how A.A. works is key if court professionals are to use the program as a resource. For some in the field, learning about A.A. and problem drinking has been a process.
The director of the National Center for DWI Courts, David Wallace, says that 25 years ago when he started as an assistant prosecuting attor- ney, “I thought that sending someone to A.A. was letting them off easy.”
The vast majority of cases he handled in a town outside Lansing, Michigan, were for driving while impaired. It was routine, he says, to allow a first-time offender to plea down to the less serious charge of impaired driving—with a sentence of probation. For repeat offenders, the court was more stringent.
Those in court on their third drunk driving charge usually received jail sentences. “What I didn’t understand was that these individuals were alcohol dependent. What would happen, of course, is that the person who was sent to jail or to prison would soon be back before the court for another drunk driving charge. Jail hadn’t changed their behavior.”
In fact, says Wallace, “states across the country have thousands and thousands of repeat offenders, persons who did not learn their lesson in jail or prison, unable to do so because of their dependency on alcohol.”

Now he knows that sending to AA is worse then jail. In AA you can be molested by pedophiles and raped by rapists, swindled by scammers and treated like shit by AA oldtimer controlling Freaks !!!

Massive

massive's picture

massive

Tue, 02/19/2013 - 19:17

AA is currently imploding on itself. LET THEIR BE LIGHT!!!!!!!

Massive

SimonTemplar

Tue, 02/19/2013 - 20:07

Since 911,I've seen how in the USA/LAND OF FREEDOM-OUR CONSTITUTIONAL RIGHTS ARE BEING IGNORED.Jailw/o trail and noon eneeds to be notified that the person is imprisoned.How absurd that these hypocrites/calling themselves Christ-stains are allowing this disease to go on.Just spoke with a friend who attends AA.He is bored with the memorized speeches.Boo hoo,life was so bad.Came to Aa,big book,sponsor,m12 steps and hee i am.Clap/clap clap a form of VD.Noone dares to actually talk from their heart,cause they know how dangreous these old=timer control freaks really are.Heaven forbid that i should actually work step3 and try to Surrender to the God OF MY UNDERSGTANDING. No No NoNiente,niente niente=never,never ,neevrr.You will surrender to me-I am a good ole diseased drunk.
20,000 sentenced to AA x{we wil be kind}5%=1,000 who actually stayed sober for more than 1 year.
Imagine a doctor who had 5% who lived after surgery.They'd hang him .Or at least sue him.
I can remember after working the Philipines and coming home in 1985.When I learned that you could be court ordered to ACCEPT JESUS OR GO DIRECTLY TO JAIL.My feeling was outrage.how can they do this??it is supposed to be a "FREE COUNTRY" yet this gets worse and worse.
Do you remember,watching tv and hearing "I am going to tell mommy what you did."or maybe you had brothers and sisters and you said it.Time to tell mommy about what is goin on.write to the state District Attorney.File Complaints.mommy is required to investigate ALL COMPLAINTS.
I have read so many of all your comments.And you have no idea how much I appreciate the effort that each person is making to contribute to this website.Told my friend that the #1 reason for leaving AA=a friend committed SUICIDE.If this works,why did he/she commit suicide??
Prison state California is broke.They have been bled by the wardens/guards.attorneys.judges.
Guards will work overtime so that when they retire/after 20 years/not at 66 or 67 as they want to psuh social security up to.but after 20 years thye retire with full pay as 70% of salary with overtime = full pay.
They start at 32.000 or 36,000$ per year.The entrie system is diseased.Still just sratching the surface of multi trillion$ corruption.When adding in 100s of billions lost due to alcoholism=prisons.car accidents.work accidents,deaths,insanity. This disease damages society a t a time when people want jobs/security /medical care/education.Yet the alcohol industry supports AA{/seek and you shall find}
because Aa is not,was not and never will be even the slightest threat to the alcohol industry.What works ,they are afraid of.Education of children that alcohol kills.That alcohol is a dangerous drug and if used =they should be careful about useing it.How man deaths at univesities from hey drink
all of this huge glass of whiskey and show us all that you area real man.DEAD-alcohol poisoning.Roy Rodger's son.Falling off balconies or from dormitory buildings.Europe thye drink when young and can handle it better.But in Italy-people lined up for plastic noses.dtuhh.weell it just fell off while I was snorting some coke man.
They all love AA.Cheap.Meetings free,but hidden costs to society
Maiking my effort to keep my light shining.

I SPY

dave

Tue, 02/19/2013 - 22:01

several times. He is an extremely nice man. If you sent him an email asking him some questions I bet he would respond. I wonder if he's within the law also.

Even though he's seems like a cool guy, I felt he knew he had a lot of power, especially when it came to sentencing/rehabilitation or whatever you want to call it. I know he has been asked questions that relate to your initial comment because a friend of mine asked them. I dont remember the conversation,it was a while ago. I thought he would have rotated out by now and no longer serve as a trustee. I guess time is not flying by that fast.

criticoolthinking

Tue, 02/19/2013 - 21:47

how many trustees of aa rehabs make back room political contributions to judges who are known for sending captives to aa? and that's legal? but isn't it the same thing as ....... jailing kids for profit....this judge was found guilty for taking more than $2.6 million in kickbacks to send teenagers to two privately run youth detention centers run by PA Child Care and a sister company, Western PA Child Care.

http://www.nytimes.com/2009/02/13/us/13judge.html?pagewanted=all&_r=0

If I could moderate, I'd do it alot!