Internal court records obtained by Sacramento Family Court news reveal that a San Joaquin County judge in 2010 issued a court order removing Judge Matthew Gary from a Sacramento Family Court case for misconduct and bias against a disabled, unrepresented litigant.Although Gary contested the removal action and denied the bias and misconduct charges, after reviewing the evidence San Joaquin County Superior Court Judge Xapuri B. Villapudua rejected Gary's version of events and ordered the controversial judge disqualified from any further proceedings in the case.The motion to recuse, or remove, Gary from the case was filed by pro per Robert Saunders. In accordance with state law, the motion was heard and decided by a neutral, outside-the-county judge. At the time the motion was filed, California Supreme Court Chief Justice Ronald George assigned Villapudua to decide the case.In her ruling rejecting Gary's denial and removing the judge from the case, Villapudua made it clear which of the conflicting stories was believable."Based on the evidence submitted the court does find that a reasonable person might entertain a doubt that Judge Matthew J. Gary would be able to be impartial. Three separate witnesses stated Judge Gary was impatient and rude to [Saunders]. Three separate witnesses declared the judge appeared biased during the hearing, making snide or rude comments to [Saunders].From the sworn declarations submitted it appears Judge Gary became embroiled during the hearing on March 9, 2009. Judge Gary appeared to lose his patience with [Saunders]. He did not adhere to the proper procedure for contempt and had [Saunders] arrested and forcibly removed from his courtroom by multiple bailiffs," Villapudua wrote in the court order ending Gary's jurisdiction over the case. Click here to view the order.Villapudua's assessment of Gary's credibility and the unlawful arrest and incarceration of Saunders for contempt of court was reaffirmed by a second judge who, at a subsequent court hearing in Sacramento County Superior Court, dismissed a resisting arrest charge against Saunders from the same incident. Evidence in the criminal case included a video recording of the debacle, according to the arrest report of a courtroom bailiff.In addition, the unlawful contempt of court and resisting arrest incident was witnessed by judge pro tem attorneys Richard Sokol and Elaine Van Beveren , both of whom failed to intervene as required by the Code of Judicial Ethics . Gary currently is the Supervising Family Law, Probate and ADA Judge