"The Robing Room: CA State Judges

Hon. Frank L. Birchak	See Rating Details
Judge Superior Court
San Diego County	See Comments

Attorney Average Rating: 2.0 - 4 rating(s) Non-Attorney Average Rating: 1.0 - 11 rating(s)	Please send me alerts on this judge E-mail Address:

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General Rating Criteria

* Temperament		(1=Awful,10=Excellent)
* Scholarship		(1=Awful,10=Excellent)
* Industriousness		(1=Not at all industrious,10=Highly industrious)
* Ability to Handle Complex Litigation		(1=Awful,10=Excellent)
* Punctuality		(1=Chronically Late,10=Always on Time)
* General Ability to Handle Pre-Trial Matters		(1=Not all Able, 10=Extremely Able)
* General Ability as a Trial Judge		(1=Not all Able, 10=Extremely Able)
Flexibility In Scheduling		(1=Completely Inflexible,10=Very Flexible)

Criminal Rating Criteria (if applicable)

* Evenhandedness in Criminal Litigation		(1=Demonstrates Bias,10=Entirely Evenhanded)
General Inclination Regarding Bail		(1=Pro-Defense,10=Pro-Government)
Involvement in Plea Discussions		(1=Not at all Involved, 10=Very Involved)
General Inclination in Criminal Cases Pretrial Stage		(1=Pro-prosecution,10=Pro-defense)
General Inclination in Criminal Cases Trial Stage		(1=Pro-prosecution,10=Pro-defense)
General Inclination in Criminal Cases Sentencing Stage		(1=Pro-prosecution,10=Pro-defense)

Civil Rating Criteria (if applicable)

* Evenhandedness in Civil Litigation		(1=Not at all Evenhanded,10=Entirely Evenhanded)
Involvement in Settlement Discussions		(1=Not at all Involved,10=Very Involved)
General Inclination		(1=Pro-defendant, 10=Pro-plaintiff)

Comments

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What others have said about Hon. Frank L. Birchak

Comments

Litigant

Comment #: CA38534
Rating:Not Rated
Comments:
This judge has intentionally held onto my case to punish me. He allowed the new judge to see all other cases that day except mine. Everything is a trial issue, nothing is an emergency. Running water, electricity, bankruptcy, child abuse, and no means of support. Good luck getting status quo or livable support orders or access to your assets to survive with this judge.

Litigant

Comment #: CA38425
Rating:1.0

Comments:
Finally the news anyone who has encountered this piece of crap judge he is leaving the end of January 2022.

Other

Comment #: CA37808
Rating:Not Rated
Comments:
Discharge ruined my life he removed my autistic three year old during a pandemic from 800 miles away my son and I had left his abusive father and moved and went out of his jurisdiction and venue and ruled on a civil matter without any criminal charges and removed an autistic three-year-old from his mother I proved and brought evidence into court refuting my excess claims he didn't even look at it this judge ruined my life ruined my son's life and gave my son to my abuser

Civil Litigation - Private

Comment #: CA37797
Rating:2.3

Comments:
Judge Birchak [Redacted by Ed.] is not impartial and has a lack of understandingof the law when it benefits him. He refuses to look at evidence and relies on his interpretation of the law. He is a liability concern to the state of California. He plays favoritism and tricks with litigants. Overall he is indecisive and hands out restraining orders like trick or treat candy. He is pro alienation of children and has a huge ego problem.

Litigant

Comment #: CA35088
Rating:8.0

Comments:
First off all these people are complaining about this judge because for one he’s fair and he stays within the law and everyone else wants a judge that will work off their emotions and not work off the law. If this judge had his son on the bench he would throw the book at him because as well, the laws the law, that’s what it’s fair. I was in court and I was losing my son and he was able to see through his mothers lies, her drugs and alcohol and you and everything else that she was going abusing. You are right he did give her multiple chances over and over and over but in the end the truth came out and he made sure to do what was right . We took a long time and he took his time and he made the right decision even though at times it is didn’t seem fair and it was drawn out, he still didn’t awesome job. For those that do not know, he was judge of the year for the year 2000 and he is one hard judge but he’s also fair and if you think he was bad on your case it’s because you had something to hide and it didn’t go out your way or had a bad lawyer. He can smell lies a mile away. I am a dad that had a restraining order against me and got 100% custody of my son because he figured out everything was false allegations and took his time, what dad gets that.

Other

Comment #: CA34793
Rating:Not Rated
Comments:
If it’s not bad enough being separated from your child, but wasting money on an ex parte because your ex is in contempt and interferring with visitation. This Judge does nothing!!! He refuses to enforce his own orders if the tables were turned I would be in jail. Because it’s my ex husband it’s okay. 9 months haven’t seen my child that’s why these orders were made and he won’t enforce them. Judge is a horrible useless wasteful taxpayer funds! Get him out!

Litigant

Comment #: CA34518
Rating:Not Rated
Comments:
I just do not understand. Am I in criminal court or Family court? Why am I on trial? Why does my Kid hate me so much? I KNOW....Thank you Birchek! You have ruined another Kids life and have changed his life forever... do you get it yet? REMOVE HIM. I just do not understand. Am I in crimina court or cou ol court? Why am I on trial? Why does my Kid hate me so much? I KNOW....Thank you Birchek! You have ruined another Kids life and have changed his life forever. Does anyone get it yet? REMOVE HIM FROM THE BENCH. We CANNOT wait until 2024 for the next election!

Litigant

Comment #: CA34499
Rating:Not Rated
Comments:
Please can we get this man off the bench.
He destroys families and children. Treats women as if they are to be seen and not heard. I thought I was going thru a divorce not on trial for being a criminal. Everytime I leave this judges court room I feel violated. Horrible hateful biased worthless judge. Get him out!!!!!

Litigant

Comment #: CA33309
Rating:1.0

Comments:
To All who have been wronged by this judge.

I would like to file a formal complaint. I need your stories to do it. Your cases that prove he failed in his duty to be unbiased, and to follow the law, and allow you all your due process.

These are the offenses he can be held accountable to.

Alone my complaint will likely be swept under the carpet. But with your help, your statements and case files, I can show a clear pattern of violation of judicial duty.

Please send me an email, I will answer, and thank you for stepping up. I will do all the work. Your name will not be given to the judge if you dont want me to.

You do have a right to be notified of any action the council takes, if you are still in court with him, it could be enough to have him recuse himself and get a new judge.

Below is a short version of my story.

We were in court for over three years. My husband had been arrested 6 times in the previous 5 years for violence and abuse. One night in January 2018 he decided to choke me. That was it for me. I called the police knowing my marriage was over.

From day 1 it was evident the judge had a bias for my husband. I hired an attorney. After the first appearance he said "what did you do to that judge, he HATES you? I said I don't know.

I ran out of money and had to represent myself. It became clear I would need to borrow some money that I could not represent myself with this judge.

I got another attorney. The judges 1st words to him were "I don't want to hear anything from you." He said to me, "why does this judge hate you so much?"

Funny two attorneys dont know eachother, say the exact same thing?

Throughout 3 years my husband never submitted tax returns, rented the house, hid income, failed to adhere to orders, violated orders, encumbered our property, lied about his residence, liquidated 401k and all other assets.

He never once submitted accurate financials, W2 or 1099 forms, hid thousands in income from renting our property on Airbnb, churned my case. Churning means creating a situation which creates extra legal fees.

The judge caught my husband lying on the stand on numerous occasions. Not even a warning. He actually laughed a couple of times.

When I represented myself he told me to "shut up" on numerous occasions, and refused to answer any questions for me.

He failed to record his own orders on the court records.

He dismissed my court reporters so there would be no record of the hearing for an appeal.

He didnt want to hear from me, refused to allow me to ask questions on his instructions.

In the end he radically departed from the case and awarded my husband everything, he even added things to the case and acted as an attorney for my husband awarding him an additional 30k plus for things my husband NEVER asked for in all his briefs.

Now I owe my husband 20 k, I have no way of paying it and the judge knows it, I will be in contempt, I am unemployed, the judge is aware of that as well. I am 57, and having a difficult time finding a job because of my age.

I am currently filing an appeal and a stay of execution for my case as of the date of this review.

I know of another case before him now where he is following the same habit of bias against another mother.

I beg you to please contact me so we can at very least compel some disciplinary action.

Litigant

Comment #: CA33302
Rating:1.0

Comments:
Shows complete bias and is not afraid to show it in each case he presides over.

Other

Comment #: CA33091
Rating:1.0

Comments:
Yet another day in front of this awful judge. He doesn't listen even if your the party with the motion. He is disgraceful to the judicial system. He is 100% biased for the husband, hates women treats them as criminals. Refuses to enforce his own orders. This man is what is a huge contributing factor to our broken family court system. If you are a woman you will NEVER get a ruling in your favor or even a fair ruling.

Litigant

Comment #: CA33018
Rating:1.0

Comments:
I took my sons father to court for a DVRO. I've raised my son with sole legal and physical custody for 11 yrs I walked out with every other weekend with an alcohol monitoring bracelet whenever my son is with me. I self volunteered to an alcohol assessment and showed years of evidence where his father claims alcohol abuse. It came down to i didnt listen to the high and mighty birchak in regards to MY FAMILY and MY CHILDREN so I was punished for that. I'm still in shock... horrible man tears families and lives apart.

Litigant

Comment #: CA32979
Rating:1.0

Comments:
This judge is totally biased. Don’t look at the case or evidence, rules on the motion of petitioner as if it’s gospel. Doesn’t care, doesn’t have time. Stay at home mom left me with no support for 8 months. Credit is ruined. This man is why the system is flawed. Been in front of him at least 10 times in the last year, nothing is resolved he only lectures.

Civil Litigation - Private

Comment #: CA25426
Rating:1.4

Comments:
If you're a man, you'll love this dude-bro judge. Clearly favors high earning men. No discernment; no empathy; excellent judge to have on your side if you're a liar or cheater. Doesn't care about anyone's children. Likely kicks puppies in his spare time.

Other

Comment #: CA24955
Rating:1.0

Comments:
This judge has no discernment in regard to which party is telling the truth despite much testimony and written documents to review. Amazingly he almost always takes the husbands side regardless of the facts. If you are a woman and trying for custody or getting paid child support, flee from this judge. We should have asked for a new judge after the first hearing. He is awful and so biased in his decisions. I don't believe he is married or has any of his own children so has no real life experience on which to base his decisions. In my mind, he is virtually inept and unable to render decision based on facts instead of his personal bias.

Other

Comment #: CA22350
Rating:2.0

Comments:
He is very prejudiced. He will threaten to throw a person in jail for objecting in his court room.

He doesn’t review case files, and as a previous defense attorney he sure DOES NOT AND CANNOT tell when someone is lying.

When orders are prepared they are often wrong which leaves people with risk of being locked up.

Exparte hearing he doesn’t care about them and won’t see them.

He will take children away because of angry words between parents and in no way does he discipline the offending party. Instead, he sides with the offending party.

Guess that’s why a defense attorney should never be a family court judge

Other

Comment #: CA18964
Rating:Not Rated
Comments:
that's not completely true he also hates men who expose his short comings and those who expose the underhanded dealings of the court appointed attorney's that he appointed. He plays possum and ignores the the complaints in which i point out the facts in how the attorney's misconduct needs to be addressed and the judge just ignores all of the misconduct by all the attorneys. my personal favorite misconduct by this judge was the refusal to give me an explaination as to the dismissal of my DV-TRO that supposedly took place in january 2019, however, he castigated the respondent for not informing the other parties of the exparte hearing telling him to come back in 5 days for that exparte. well 5 days later evryone shows to the exparte. an evidentary hearing is held to 15 days later on the DV-TRO thati was under the impressioon was still active. i mean who holds exparte hearing on a TRO that had been dismissed in janaury 2019 but no one bothered to inform of it. again 2 weeks later an evidentary hearing is held on the same DVTRO that everyone knew that had been dismissed (supposedly). so when the respondent tried to file violation of the DV-TRO but was refused by the sherrif that said no proof of service had been done in a hearing where everyone one was present. the respondent goes back to see the same judge who had castifgated him for not telling everyone about the exparte hearing. all of the sudden the judge decides to tell the respondent that his DV-TRO had been dismissed in january 2019, mind you 3 heaings were held for this DV-TRO that had been dismissed. yeah right, it was dismissed only when the respondent tried to file a violation against the petitioner. and when the respondent asked when did the dismissal take place the only thing the judge would tell him is "you know you were also present and thats that. i have nothing else to say on that" so in reality everyone with the exception of myself was knew that there was no DVTRO since the ammendment. it would later be discovered that the opposing counsel for the petitioner was at fault the DV-TRO being dismissed as well as the DV-TRO being held as being not served since its ammendment. does this sound like a kangaroo court where the court is lawless and one sided .

Other

Comment #: CA18678
Rating:Not Rated
Comments:
This judge is a disgrace, the father of my child beat me up plenty of times and he gave him custody! he is horrible judge and a evil one too, get him out of the court please
I agree with all the comments he is a women hater, working on behalf of the devil

Can't wait for judgement day for him!

Other

Comment #: CA18676
Rating:1.0

Comments:
So how did HE get to rule on FAMILY COURT??
Judge B. Has ZERO experience & total bias towards the man in family court. Its quite evident. His bias is for the man, he does not ask the woman/WIFE anything much, speaks to the woman in court as though she is an idiot. I find it outrageous!

Criminal Defense Lawyer

Comment #: CA15311
Rating:1.0

Comments:
I was told by a local attorney that this judge dislikes women and I have to agree. He was completely sympathetic to the petitioner, my ex husband, who is a convicted felon and for domestic violence AGAINST ME. The judge couldnt care less and left my son's welfare hanging in the balance.

Civil Litigation - Private

Comment #: CA14803
Rating:3.2

Comments:
Witnessed a very disgraceful encounter with this particular judge and a respondent, for a family case in which he was completely punitive for the petitioner. Acting in an unprofessional manner, his tone and speaking to her was awful. Every opportunity for her lawyer to speak or her side to be heard was quickly silenced and punishing her was more the priority than the infant the case was surrounding. It was clear she lost before even walking into the court room that day.