Submission by ARNOLD, LEAH

California Commission on Judicial Performance, 10/04/14

Case # ED-85855 (Juvenile Dependency & Family Court), El Cajon Superior Court

October 4, 2014

California Commission on Judicial Performance

455 Golden Gate Ave., Ste. 14400
San Francisco, CA 94102
RE: Judge Katherine A. Bacal, Judge Gary Bubis, and Commissioner Darlene White

Case # ED-85855, El Cajon Superior Court

I, Leah Arnold, am submitting this complaint in support of censuring or removing Judges Katherine A.
Bacal, Gary M. Bubis, and Commissioner Darlene White from the bench for misconduct and bias which led
to my children being placed in the “care” of a known sex offender, an individual who is required by law to
have his name listed in the Child Abuse Central Index (CACI) for 10 years due to the ‘child sexual abuse’ of
his daughter. Incredibly, all judges granted him sole custody of both child victims.

Sec. 3011 (a) of the Family Code states that “there is a rebuttable presumption
that an award of sole or joint physical or legal custody of a child to a person who has perpetrated domestic
violence is detrimental to the best interest of the child”, and this appears to be a basic tenet set in place to
protect those who are at the mercy of their parent or caregiver.

My ex-husband, Robert L. Arnold, sexually abused our 2 year old daughter, kicked her in the face, and
repeatedly abused both children sexually and physically, but these Judges continued to give him custody,
even during an open child sexual abuse investigation by Police. Judge Katherine A. Bacal granted the
perpetrator an Ex Parte order on Christmas Eve, as he indicated the mother was “delusional” in her belief
of child abuse allegations. The Police Investigation concluded with the father’s name being listed on the
Child Abuse Central Index, and he was found guilty of a 300 (d) count for child sexual abuse.

I am submitting the complaint in conjunction with the Safe Kids International campaign so you can see
that this not as an isolated case but an epidemic in which judges all over the world are using similar tactics
to cover up sexual abuse. I want to protect my own children and help stop this prevalent enabling of
molestors and rapists. The only way judges will stop giving kids to abusers is if they incur a serious
consequence for their behavior, and you are the only ones who can do that. I hope you will.

These Judges have acted illegally in preventing me from lawfully protecting my children from further
abuse and have engaged in the following unethical behavior:

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Submission by ARNOLD, LEAH
California Commission on Judicial Performance, 10/04/14
Case # ED-85855 (Juvenile Dependency & Family Court), El Cajon Superior Court

MISCONDUCT
1. Misconduct involving evidence
a) Wouldn't do any investigations as per FC 3118.
b) Interpreted psych report negatively for the mother, identifying her as the “offender” and advising
the evaluator that the mother had “coached” the children.
c) Failed to address father’s medical condition as listed in AXIS III of his psych summary as “medical,
deferred” indicating follow up on his brain tumor; this condition is known to cause pedophilia, lack
of impulse control, and lack of empathy.
d) Disregarded the original substantiation of abuse by CPS by the father and finding that “a crime
may have occurred” based on information obtained during a law enforcement investigation.

2. Misconduct involving privacy laws

a) I was ordered by the Court to take down personal social media postings about child abuse and was
threatened with contempt of court if I did not remove it.
b) My children’s juvenile dependency records were sealed so neither I nor the public could not see
how the judge was ignoring evidence.
c) When my male minor child that was placed with his abuser disclosed graphic sexual abuse to a
forensic interviewer at the Chadwick Center I was not notified and therefore denied due process
to lawfully protect my child.
d) The Court issued Stipulated Protective Order; and refused to provide me with a copy of the Court
Order, or attend the hearing on this matter.
e) The Court Clerks advised me that the Court Order it “didn’t exist”, or they “didn’t have it” and “it
might have been done over the phone”.

3. Misconduct involving punishment and threats

I lost custody immediately as a result of trying to protect my child from the abuse both my children
reported.
a) My daughter was placed with the father’s mother, who was CPS involved due to child abuse when
the father was a child, and the Court .
b) In this Court Ordered placement, my female minor child later disclosed severe neglect as while she
in the care of the paternal grandmother she was bitten by a (wild) rat at this placement in rural
Michigan, not receiving any medical attention and being put to bed.
c) I was placed on supervised visits immediately for reporting child abuse.
d) I was required to attend 6 months of TERM therapy during which I was instructed by the therapist
to deny the abuse occurred in order to “make progress” in my case plan.
e) I was threatened with loss of custody if I spoke of the abuse or took my child to the doctor.
f) I have been denied access to the juvenile case file for both my children including the evidence
used to detain my children.

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Submission by ARNOLD, LEAH
California Commission on Judicial Performance, 10/04/14
Case # ED-85855 (Juvenile Dependency & Family Court), El Cajon Superior Court

4. Misconduct involving collusion

a) ex parte communication between my ex's judge in which father’s claims that I am “delusional” are
accepted by the Court without any evidence.
b) ex parte hearing which I was not notified of where child sexual abuse charges were dropped
against the father by changing jurisdiction and having the case heard by an Judge entirely
unfamiliar with the case.
c) Court ignored substantial evidence of child abuse when making placement and custody
determinations, including:
a. Forensic Medical findings, corroborative statements by the female child’s sibling, father’s
inclusion in the Child Abuse Central Index (CACI) in 2011 by the DOJ, photo evidence of
severe injuries from sexual abuse and strangulation, and obvious emotional and mental
distress exhibited by both children documented in therapist reports and forensic
interviews.
d) The Court reversed its decision to require professional supervised visitation for the father in the
best interest of my daughter.
e) This was done despite consistent chilling warnings by my daughter’s therapist detailing the child’s
shocking trauma response and her obvious distress, in which the toddler dissociated, climbed
under furniture, and screamed “NO!!” during Court-ordered conjoint therapy with her father.
f) The Court dissuaded this therapist from providing testimony at the hearing regarding the trauma,
or her concerns about my child.
5. Bias
1. Biased findings
a) Found I was interfering with father’s relationship/alienating.
b) Found I was mentally unstable even though the psych report said I was fine and “perceived events
accurately”.

2. Biased Appointees
a) Appointed minor’s counsel who sides with the father and does not follow ABA guidelines.
b) Judges assigned me counsel who sides with the father and refused to represent the interests of
me or my children.
c) TERM Therapist assigned me who urged me to make dishonest statements denying abuse by the
father.

3. Biased Remarks/attitudes
a) Judges made derogatory remarks about me, told me I was “as dumb as one of the stuffed animals
in the lobby”.
b) Judges complimented father and required no proof of his statements despite facts in evidence that
support his perpetration of child abuse.

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Submission by ARNOLD, LEAH
California Commission on Judicial Performance, 10/04/14
Case # ED-85855 (Juvenile Dependency & Family Court), El Cajon Superior Court

c) Judges ignored important facts and evidence of abuse and father’s problems, while exaggerating
little things about me.

Thank you for promptly addressing this, as my children are in danger, and have been exposed to trauma
since they were removed from my care and placed in the hands of these predators. Please help.

Thank you in advance for your attention to this matter,

Leah Arnold

Cc: NAACP, North San Diego Chapter

Kevin Hauck, Health & Human Services
American Civil Liberties Union (ACLU), Southern California Chapter
Shelley Zimmerman, Chief of Police