Judge Robert Lemkau is a Superior Court judge in San Bernardino County, assigned to the Victorville, California courthouse. He recently made nationwide news for denying a restraining order that resulted in the death of 9-month-old Wyatt Garcia after suggesting that Wyatt’s mother was lying to the court. This is not the first controversy for Judge Lemkau in his brief career.
Robert Lemkau was admitted to the California State Bar in 1972 and started his career as a deputy district attorney with the San Bernardino County District Attorney’s Office in November 1972 after a brief stint with the Legal Aid Foundation of Los Angeles. He spent 13 of those years prosecuting crimes against children.
In 2007, Lemkau was appointed to the bench by Governor Schwarzenegger and he was sworn in on July 12, 2007. On August 20, 2007, Judge Lemkau was assigned to the SVP/MDO (Sexually Violent Predator/Mentally Disordered Offender) calendar at the Central Courthouse in San Bernardino, the county’s seat. As such, Judge Lemkau decided whether sexual predators and other mentally disordered offenders would be remanded into or remain in the custody and care of a state mental hospital, go to state prison, or be released back into society.
Judge Lemkau is described by insiders as “a very nice man” but also “unwilling to learn the law” and a “shoot-from-the-hip type of judge.” He is also described as somewhat dense and many wonder how he was ever appointed to the bench. Behind his back he is known as “Lurch,” a reference to the character in The Addams Family.
While presiding over the SVP/MDO calendar, Judge Lemkau is said to have had little concern for the law, or learning the relative law, and presiding over a courtroom in chaos. It seems that during Judge Lemkau’s tenure as the SVP/MDO judge, he released at least two sexually violent predators back into society and numerous mentally disordered offenders.
Finally, leaving no other choice, prosecutors began “papering” Judge Lemkau. “Papering” is a term used when an affidavit is filed to have a judge removed from a case. Eventually, the presiding judge had no choice but to reassign Judge Lemkau altogether, removing him from the SVP/MDO and reassigning him to the Victorville Courthouse.
There is a move nationwide that no judge be elected but rather all judges be appointed in an attempt to remove politics from the equation and to shelter judges from the wrath of an angry public when a poor decision is rendered. This situation exemplifies why the citizens should NEVER give up their right to elect those who may one day sit in their judgment.
A bad decision does not mean it “resulted in” the death of Wyatt. The judge didn’t kill the boy. The lunatic psychopathic father did. A restraining order won’t stop a bullet.
Here’s another example of the weird inconsitencies that plague this site. Ramos is, as we all are told again and again, a wicked man. But if his prosecutors start “papering” a judge, then that means the judge is terrible. So is Ramos a good prosecutor? A bad one? I can’t keep it straight! Help!
I don’t know anything about how the judge handled SVP/MDO cases. Do you? The unattributed “is described by” and “it seems” language probably comes from the judge’s election opponent, because I would think that someone who has been a prosecutor for 35 years knows the law. Oh, and the “Lurch” insult is gratuitious and desperate sounding. Weak.
If you read my comments in the story below you will see that I actually agree Baby Wyatt would likely have ended up dead eventually. However the TRO should have been granted and the baby would not have died in the circumstances he did when he did. The judge erred.
No one on this site has ever said that everyone in the DA’s office is evil and corrupt. Jim and I both have many supporters from inside rooting us on in hopes that their boss goes down. Most employees at the DA’s office are honest and hard working.
I had a really hard time finding background information on the judge that was not related to this case. I found some at the State Bar site and in the Daily Journal. I also spoke with those actually working in the judge’s courtroom. I have never spoken to the judge’s opponent and he provided no information for this story.
As I have written many times on this blog about how I spent six years as a judges secretary at the Central Courthouse. During that time I worked for some of the state’s most respected judges. I also worked for several who had no business being on the bench. One of the biggest problems with our bench is the tendency of the last few governors to appoint heavily from the district attorneys office. Most DA’s have no civil or family law experience. They do not make well-rounded judges and there is a lengthy learning curve. This judge fell into that category. Both calendars that he handled required civil experience of which he had none. I went easy on him in comparison to what those in his courtroom say about his competence and courtroom demeanor.
Huh your comment about Ramos being a wicked man, in the same breath you use the word prosecutors and the site is inconsistant is a bit much.
Ramos has nothing to do with this case. YOU decide if Ramos is a good prosecutor or wicked. Don’t blame us because you can’t decide for yourself.
OTHER prosecutors who don’t like the Judge’s decisions,have decided to paper him. That says some from the DA’s office don’t like Lemkau. NOTHING to do with Ramos.
Those of use who have worked in the system know full well a piece of paper is not going to stop anyone from doing something evil against a person bent on revenge.
I heard the term Lurch being used to describe Lemkau years ago. If you find that offensive, “OKAY”.
Yes I would agree with you that someone should know the law after 35 years of practice, that DOES not mean the are using good judgement after 35 years of practicing law either.
MANY of our current leaders in this County have been practicing their craft for many years, WE SHOULD NOT being having all this corruption going on with all this experience floating around.
What does that tell you???
HERE is a novel thought.
The judge could have just issued a temporary restraining order, set the matter for hearing as many judges have and he wouldn’t be facing all this scorn.
Hmmm, the judge based on his 35 years of experience decides to err on the side of caution based on many factors. SOUNDS like someone who is wise based on his years in the judicial system.
Have never heard of the public protesting in front of a court house because a judge issued a “TRO”.
But in 2010 I guess anything is possible.
An interesting blog regarding Judge Robert Lemkau. I think it is important to remember there is always two sides to the story. http://www.judgerobertlemkaumyhero.blogspot.com/
There are judges that support this criminal. I am not surprised at some of his endorsements: Judge Katrina West, Raymond Haight, and a few others I have knowledge of. In another San Bernardino case, A 170.1 filed against Judge West was granted, and the corrupt attorney Richard Tuckerman was removed also from the case. Friends of the mom had created a website detailing the corrupt judges (Comm. Gassner included because of his biased rulings in favor of Atty. Tuckerman). Her ruling was vacated, but Presiding Judge Raymond Haight kept her order in place and actually threatened Mother, “Parents that don’t want to cooperate can lose custody.” The mother is now being forced to settle because the corruption is so great that a worse timeshare was suggested than West’s. But that was the plan anyway. Tuckerman recommended Atty. Sheryl McDonnell, who is arguing that father should not have to pay back child support. Two years and no child support. The rules of family law are supposed to be fair. An ethical lawyer would explain to her client that a parent should pay instead of arguing that he shouldn’t owe back child support. But he has lots of money and they will be guaranteed big bucks as this case is strung along over the upcoming years. The mother had a job as an Associate Producer for NBC News in Dallas/Fort Worth. These corrupt judges caused her to lose her job and she is currently on Welfare in California. The parents never married. The father did not want to pay child support and told her to move with her mother in Texas. Her mother had recently thought about moving to California (where she would not have medical insurance), but why should she have to move to a place that she cannot afford to live because these judges are corrupt. Move-away laws are for parents in this position. The mother can’t afford California. The dad does not want to pay enough for her to live there. He didn’t visit for the entire year that his child was in Texas and did not pay child support. How can these judges discriminate against the females. I live in Texas and I saw how great this mother is. She lived with her mother. She went to church every week and worked full time and her mother babysat. Richard Tuckerman told her father, a superior court judge in LA County, that she had a right to stay in Texas, that the father was a deadbeat. But when the father got wind of who the mom was going to hire, he gave Tuckerman a retainer, and Tuckerman argued completely opposite in front of Commissioner Gassner. Gassner had originally allowed the mother to move to Texas, but he did an about face too and told her to move back to California! These judges are corrupt and/or crazy. Women’s groups need to boycott these judges and lawyers for harming children and discriminating against the mothers. In both cases the mothers tried to present damning evidence, but the professinals would not accept them. And anonymous tip came in from San Diego, and this was passed on to them also. I know for a fact that CPS got involved in this move-away case (mandated reporter) and immediately the incidents stopped. Children who are slapped, spanked, yelled at to shut up, my God, shut up should probably have supervised visitation – not custody. Maybe judges should have to go through mandatory testing — psychological and drug. Not lol’ing
BTW, the proof that Judge West lied and covered up evidence was sent to the newspapers in the area. Not one would cover it. It was and is covered up. This is one reason why Baby Wyatt was murdered — the judges aren’t afraid of discovery because they are so networked with their fellow ‘unethicals’ that they can get away with murder. Don’t let Lemkau get away with murder. If Lemkau had known there would be consequences, maybe he would have listened. He is a liar. If you vote for him, you vote to keep these corrupt hardened criminals in office. Get rid of one, then get rid of the rest. Make them pay. They are so willing to make mothers pay. And these female pawns and pro-daddy bandwagon make a buck mother haters need to be tossed out on their asses also.
If you all could see the website information, you would be shocked. It detailed ‘how corrupt judges take your kids away.’ It detailed how Judge West’s motto is: IF THE EVIDENCE DOESN’T FIT, CHANGE IT OR OMIT IT. She actually omitted the evidence presented and lied in her written decision to make it look like the mother was trying to keep the father away from his child. The website went point by point and listed Judge West’s reason for changing custody along with evidence that she was lying. This is how they take your kids away.
Judge West’s decision was based on her saying that the mother was served iwth ATROS, which would have prevented her from moving. It was proven that the attorney, Stephanie Squires, was lying and courtroom transcripts proved it. Judge West admitted that ATROS was not in effect so the mother was not in violation of orders, but then in the next paragraph she stated the mother was in violation of restraining orders and therefore she was forced to change custody because the mother was obviously trying to keep the child away from the father! A suit should be filed against the county where this happened for the losses experienced by the mother. They should pay for the mother losing her position at the NBC News. Her career has been ruined while the father got his career and 50/50 custody to avoid paying child support. I am so tempted to tell the whole truth…but I cannot, as I promised the mother.
Soon this story is going to be heard in a big arena. Can’t say anything now, but you will not believe how many are involved in this golden circle. Proportionately, the females are way over the top against women. Beware of them.
i think the point is….are we the public safer w/lemkau or hosking….
Judges should learn from this: If you don’t do your job to protect the children and the innocent —You’re Fired!
To let this judge keep his seat is sending the message that judges don’t have to listen to all the evidence, they can be biased against any mother that alleges abuse, that that they can stick their middle fingers up at all of us and that’s okay. To let him remain says it’s okay that he allowed the baby to be murdered, that a child isn’t considered important enough. It also lets all the other corrupt judges know they are still safe and above the law. Really, if the judge can get away with allowing murder with no consequences, what’s a little evidence tampering and exhibiting favoritism on the bench towards a few friends going to bring down on them. Any time a judge is ineffective in doing his job because a judge is biased, because a judge has heard and seen too much in his life that he can no longer be effective, because a judge is just plain lazy, or just plain crazy, the judge should be thrown out.
Baby Wyatt lost his life because of the five-minute hearing with Lemkau. Five minutes to sentence the baby to die. When five minutes more to allow the mother to speak would have saved his life. Okay, we can only hope he’s not just plain evil. Five minutes for life.
The facts in this case and Lemkau’s subsequent statements – which are an indication that the guy doesn’t even get it now – are enough to demand he be removed. Katie Tagle, has lost her son forever because this guy had his head up his – uh – up in the clouds or smoke or who knows where his head was. HIS head definitely was not on the best interest of the child.
Perhaps the public would have been more lenient with Judge Lemkau had he made some sort of an effort to learn from his mistake. Admitting that he erred, organizing a domestic violence training for judicial officers, court appointed evaluators, and mediators, and becoming an advocate for survivors of family violence might have been an appropriate starting point on his road to redemption with regards to this particular case. However, an apology topped off with a statement that he did the right thing sealed his fate.
Judges will be held accountable for their actions. The community’s response to the tragic loss of Wyatt is a clear example of this.
Future Judge Hosking, how do you intend to fix the crisis in the family court? What will you do to protect survivors of family violence and their children?
And the people have spoken. Bye-bye, Judge Lemkau.