Judged:
1
Dear Justice George, and Ms. Holton, and Assemblymember Jones:
I am writing to report about and seek immediate investigation of the apparently felonious
destruction of Marin County custody mediation files, reportedly at the order of Judicial Council
member/ Marin Court Executive Officer, Kim Turner. I am requesting a prompt investigation and
report regarding this matter. I am further requesting that Ms. Turner be immediately suspended from
all official duties as a Judicial Council member and Marin Court Executive Officer if she was, or is
suspected of being, in any way involved in unethical and/or criminal behavior. I trust you will
immediately inquire about this.
Family Code Section 1819:
(a) Except as provided in subdivision (b), upon order of the judge of the family conciliation court,
the supervising counselor of conciliation may destroy any record, paper, or document filed or kept in
the office of the supervising counselor of conciliation which is more than two years old.
(b) Records described in subdivision (a) of child custody or visitation mediation may be destroyed
when the minor or minors involved are 18 years of age.
Government Code 6200:
6200. Every officer having the custody of any record, map, or book, or of any paper or proceeding
of any court, filed or deposited in
Marin Superior Court Page 13
Family Court Mediator File Destruction Investigation
any public office, or placed in his or her hands for any purpose, is punishable by imprisonment in the
state prison for two, three, or four years if, as to the whole or any part of the record, map, book,
paper, or proceeding, the officer willfully does or permits any other person to do any of the
following:
(a) Steal, remove, or secrete.
(b) Destroy, mutilate, or deface.
(c) Alter or falsify.
Sworn 2010 testimony of Marin Family Court Services mediator Meredith Braden (in a case
involving a young child):
"Q. Okay. Well, generally do you have a file for
each mediation case?
A. It’s a little complicated. We do keep files currently, but at one point the directive was that we
were no longer keeping files. They were all destroyed.
Q. They were all destroyed?
A. Yes.
Q. Can you tell me who directed you to do that?
A. It was Kim Turner, to the best of my knowledge, yes.
Q. What do you mean by to the best of your knowledge?
A. I mean, we were told, through our supervisor at the time, that that was the policy from above him.
Q. Who was your supervisor?
A. Leo Terbieten. But he has since retired.
Q. When did he retire?
A. At the end of 2009.
Q. End of December?
A. Yes.
Q. Okay. So between the period of September 21st, when you interviewed these parties, and the end
of December, then were you instructed to throw away your files?
A. You know, I don’t remember the exact dates.
There were — all of the files were destroyed at some point in the Fall. Obviously it was after
September 21st. And then the policy was reversed at some point, also in the Fall, prior to December, but I couldn’t tell you exactly when. And so since that time we’ve been maintaining the files again."