Enhancing Mechanisms to Handle Perjury
I fully support your analysis, conclusion, and recommendations, but would add to that. Under “New civil sanctions” the conditions necessary for criminal prosecution are listed. I believe all parties should be informed of the consequences of perjury at the outset and if the conditions listed are met, that prosecution should occur. Furthermore, rarely does that perjury take place without the knowledge of counsel. I believe the laws governing subornation should be enforced just as rigorously. Parties in custody cases are inevitably emotionally involved. While the interests of children are harmed by perjury in those situations, making the offense that more onerous, it can be reasonably argued that serious criminal intent is usually not present. But attorneys are experienced in the law, trusted as officers of the court, not emotionally involved, and have a potential material interest in enflaming conflict which some are not ethically disposed to resist. No matter what collegial relationship a judge might have with an attorney, to allow subornation to occur without consequence would compromise the credibility of the entire process. I have seen and heard of that, and much of the cynicism that the public holds for family law is a result of it.
San Francisco, CA