Pro Se [for yourself] Fights
First posted

Wednesday April 19, 2005 17:44

Updated
Tuesday February 19, 2008 07:34


We we unable to upload to Comcast for several days starting January 30, 2007 for the reason that the upload address was changed.

At that time we used prosefight.org as the main page.

Main page for pro se fights is at http://mywebpages.comcast.net/bpayne37/index.htm

There is a reason we paid for filing fees at the New Mexico appellate court level.

Good case number to file to void judgment .. if, of course, second judicial district doesn't void judgment and no settlements.

Let's do Brennnan et al soon ... if we don't settle, of course. See (4)

You can see our receipts for 12 person jury trial lawsuits in Exhibit A, Exhibit C, Exhibit E, Exhibit G, Exhibit H, Exhibit K and Exhibit L all for prima facie cases which we paid more than $250 each.

Look at the receipts: three are for $297 and two are for $322 [against former judge W John Brennan].


Note that we appealed through NM appellate and supreme courts. And, as a result, have open case numbers under which to file, unless we don't settle, of course.



1-060. Relief from judgment or order.

A. Clerical mistakes. Clerical mistakes in judgments, orders or parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

B. Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons:

(1) mistake, inadvertence, surprise or excusable neglect;

(2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 1-059 NMRA;

(3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party;

(4) the judgment is void;

(5) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or

(6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one-year after the judgment, order or proceeding was entered or taken. A motion under this paragraph does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela and bills of review and bills in the nature of a bill of review, are abolished, and the proceeding for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

Tuesday May 3, 2005 10:57

Charlie Moore, Editor Metro News
John Robertson, Editor State News
Mark Oswald, Editor Journal North
Albuquerque journal

Mr Moore, Mr Robertson and Mr Oswald:

We feel that the Albuquerque Journal is doing a disservice to New Mexico citizens by attempting to create opinion without written evidence that New Mexico supreme court judge Richardson Bosson is an honest judge trying to clean up New Mexico courts.

For this reason we ask that the Journal publish our article
Crooked New Mexico judges get caught in writing

Crooked New Mexico judges illegally assist convicted felon former judge W John Brennan avoid two 12 person jury trial lawsuits guaranteed inviolate by New Mexico constitution
posted at http://www.prosefights.org/ which contains written evidence of gross judicial misconduct and incompetence.

Governor Richardson has been asked to remove judges who violated their Oath of Office by May 10.

Therefore, we ask that our article with link to electronic version be published by May 10, 2005 and you inform us that it will be published by May 6, 2005.

New Mexico citizens deserve honest judges who up hold the laws and constitution of New Mexico which should be required in their Oath of Office.

Sincerely
Arthur R Morales
William H Payne


Distribution

jpawloski@abqjournal.com
ssandlin@abqjournal.com
jbelshaw@abqjournal.com

Crooked New Mexico judges get caught in writing


Crooked New Mexico judges illegally assist convicted felon former judge W John Brennan avoid two 12 person jury trial lawsuits guaranteed inviolate by New Mexico constitution

New Mexico supreme court chief judge Richard R Bosson, former supreme court chief judges Pamela Minzner and Petra Maes along with New Mexico appellate judges A Joseph Alarid, Lynn Pickard, James J Wechsler, Celia Foy Castillo all broke New Mexico law and their oaths of office to spare former judge W John Brennan from New Mexico paid for 12 person jury trial lawsuits CV 0200107794 and CV 0200203425.

Right to trial by jury is guaranteed inviolate by Constitution of the State of New Mexico ARTICLE II BILL OF RIGHTS.

Dismissal of a jury trial lawsuit can only be done by plaintiff, not a judge, as specified by New Mexico judicial rule 1-041. Dismissal of actions. A. Voluntary dismissal; effect thereof with the single exception of plaintiff not pursuing lawsuit.

Appeal from a judgment made by a judge who violated judicial rules is legally the same a lack of jurisdiction. Here's the supreme court ruling citation.

Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is "without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers." Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)

Voiding judgments which violate rules made by a judge is incumbent on a superior judge under his or her New Mexico Oath of Office.

Every person elected or appointed to any office shall, before entering upon his duties, take and subscribe to an oath or affirmation that he will support the constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability.

Brennan was twice sued for breach of contract and harassment for illegally obstructing paid for New Mexico 12 person trial by jury lawsuits CV 200010278 [defamation and harassment, plaintiff Payne] and 2000 10289 [replevin and harassment, plaintiffs Morales and Payne].

Brennan hired lawyer Jerry Walz to defend against CV 0200107794 and CV 0200203425.

Jerry Walz is brother of Albuquerque Journal editor Kent Walz.

New Mexico law only pays for legal defense against tort claims. Breach of contract, being in writing, is not covered. Brennan presumably paid Walz' fees.

Former thirteenth district judge Kenneth G Brown and Walz dismiss 12 person jury trial lawsuit CV 0200107794 in violation of New Mexico New Mexico judicial rule 1-041 and order that Payne not be allowed to file any pleadings or actions in New Mexico court which is a denial of Tenth Amendments constitutional right.

Former second judicial district judge Robert Scott, now a federal magistrate judge, and Walz dismiss 12 person jury trial lawsuit CV 0200203425 in violation of New Mexico New Mexico judicial rule 1-041 and order that Morales not be allowed to file any pleadings or actions in New Mexico court which is a denial of Tenth Amendments constitutional right.

Morales and Payne attempt to appeal but Brennan and his deputy court administrator Art Gallegos prevent filing required notice of appeals in second judicial district court.

Richard Bosson, then chief judge of New Mexico appeals court, was contacted by mail to about CV 0200107794 on June 7, 2002 and CV 0200203425 on August 6, 2002.

Bosson, instead of voiding Brown and Scott's ruling, schedules appeals of CV 0200203425 with appellate judges Wechsler, Pickard and Castillo and CV 0200107794 with Alarid, Wechsler and Pickard.

Alarid, Wechsler, Pickard, and Castillo uphold Brown and Scott's illegal rulings.

Former New Mexico supreme court chief judge Pamela Minzer is contacted to remedy CV 0200107794 and former New Mexico supreme court chief judge Petra Maes is contacted to remedy CV 0200203425.

Neither chose to void Brown and Scott's illegal judgments.

Complaint to New Mexico Judicial Standards Commission's Executive Director James A Noel about Brown and Scott on August 10, 2004 resulted in Judicial Standards Commission's chair David S. Smoak's October 25, 2004 CONFIDENTIAL report saying nothing is going to be done and did not address how were are going to obtain our two paid for 12 person prima facie case jury trial lawsuits CV 0200107794 and CV 0200203425 against Brennan.

Noel is son-in-law of New Mexico representative Tom Udall.

Noel sent us an unsolicited CONFIDENTIAL letter which appeared to be a threat of sanctions against Morales and Payne by New Mexico supreme court.

Bosson was presented all of the evidence of violation of oath of office by judges Brown, Scott, Alarid, Pickard, Wechsler, Castillo, Minzner, and Maes on April 13, 2005 by posting on Internet at New Mexico On-Line and certified mail.

All evidence on Internet

New Mexico On-Line is controlled by Cibola Internet Services owned by Louis Uttaro and Salvador Chavez.

Uttaro chose to shut down our bought down our website by forbidding access to all web pages including the evidence of guilt of judges on the afternoon of April 13, 2005.

Our paid for Nmol On-Line web site had been in service since December 1998.

Evidence of crooked New Mexico judges is not posted at http://www.prosefights.org/ (our new website) as of April 19, 2005.

This article with hot links to the written evidence of judges' guilt is posted on this new website.

In our April 13, 2005 eletter and letter to Bosson, Bosson was asked to remove judges Alarid, Wechsler, Pickard, Castillo, Minzner, and Maes by April 26, 2005 for violation of oath of office. A certified copy of that letter was sent to governor Richardson who has also signed an oath of office.

Richardson has been asked to take action to remove judges, including Bosson, by May 10, 2004 in event of Bosson inaction.

Bosson has not responded as of April 29, 2005.

Have New Mexico judges been violating citizens rights with illegal judgments in the past?

The courts, in practice, can do anything they want for the reason their actions are invisible to the public. But citizens are generally powerless to do anything about it for the reason of the reason of unaccountability in this system.

"Newspapers don't report the news, they shape the news." quipped Libertad co-founder John Gowan.

Mark Twain expressed a similar sentiment when he wrote "Do not fear the enemy, for your enemy can only take your life. It is far better that you fear the media, for they will steal your HONOR. That awful power, the public opinion of a nation, is created in America by a horde of ignorant, self-complacent simpletons who failed at ditching and shoemaking and fetched up in journalism on their way to the poorhouse."

Albuquerque journal writers Sandlin [January 18, 2005], Belshaw [March 18, 2005], T.H. Lang and Walz (brother of lawyer Jerry Walz) [February 15, 2005] and Pawloski [April 20, 2005] in articles published in the Journal portray Bosson as a solution to New Mexico's judicial misconduct problem rather than Bosson being part of the problem.

Industrial espionage at Sandia and Los Alamos as shown in UNM technical report funded by Mitsubishi in Japan lent to Albuquerque Tribune reporter Lawrence Spohn for newspaper story and was kept for seven years by the Albuquerque Publishing Company despite continued requests for its return. Spohn finally returned the report with an post-it note indicating that someone had finally returned the report to him. The Tribune got caught suppressing news.

Hispanic Morales and Anglo Payne joined concerted forces with others in 1997 to do something about judicial corruption with a Freedom of Information Act [FOIA] lawsuit which involved Sandia Labs helping Iraq during the Iraq/Iran war.

New Mexico 12 person jury trial lawsuit CV 0200203425 against Brennan is a direct result of wages garnished from Morales Sandia Labs paycheck without due process as a result of our FOIA lawsuit.

Internet makes our legal project possible. Without Internet we would be invisible and unable to expose illegal and criminal acts by lawyers and judges.

Time to do something about this.

Email governor Richardson at http://www.governor.state.nm.us/emailchoice.php?mm=6 to give him your thoughts about what should be done with crooked New Mexico judges Bosson, Minzner, Maes, Alarid, Wechsler, Pickard, and Castillo who got caught violating their Oath of Office in writing.

Arthur R Morales
William H Payne
4/29/05 3:01 PM

Edward Hopper, poster
Smash the Hun, 1919