Abitibi is in the business of supplying paper products. One of its major product lines is newsprint. In case you haven’t heard, the newspaper industry is in trouble, thanks to the Internet. The electronic media is stealing away readers and advertising. Naturally, suppliers to the newspaper industry are feeling a little down in the dumps, too. They check their order books and find that there are fewer and fewer sales. Nor can they raise prices, because the entire industry has an over-supply.

Abitibi’s share price has fallen from a high of C$25 to a current low below C$3, or only half of book value. Speaking of Canadian paper stocks, an expert remarked, “I’ve never seen them this cheap.”

I am in receipt of your Verified New Mexico and Federal Constitutional Law and New Mexico Judicial Procedure and Rules Questionnaire.

We want to clarify that the Judicial Performance Evaluation Commission (JPEC) is not responsible for taking corrective action on judges who may have violated their oaths. Thus, we will not be responding to your questionnaire. The JPEC provides the public with a measure of confidence in the performance of justices and judges, about whom the public generally knows very little. JPE programs promote judicial self-improvement, enhance the quality of the judiciary and provide relevant information to those responsible for continuing judges in office.

Our purpose in writing you, attorney general candidates Bibb, King, attorney general Madrid and UNM law school dean Scarnecchia was to determine if you knew law and rules of New Mexico courts.

Our purpose was not to file a complaint of violation of oath of office.

We provide you and JPEC members written evidence that Metro Court judge Judith Nakamura, and New Mexico supreme court judge Richard R Bosson, judges Pamela Minzner and Petra Maes along with New Mexico appellate judges A Joseph Alarid, Lynn Pickard, James J Wechsler, Celia Foy Castillo have, in writing, violated their oaths of office by their nonaction in criminal matters, many relating to attempts to cover for former second judicial district judge W John Brennan.

You wrote

Complaints about judicial conduct may be filed with the Judicial Standards Commission (JSC), an independent commission created in 1968 by an amendment to the New Mexico Constitution. The Commission has the responsibility to investigate allegations of judicial misconduct and disability, conduct hearings, and recommend sanctions to the New Mexico Supreme Court. You can reach the JSC at (505) 222-9353.

We hope you and JPEC members realize

Rule 16-803 Reporting Professional Misconduct

[B.] Misconduct of Judges. A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.

Therefore it is JPEC duty, and your's as lawyer chairman, under Rule 16-803 of New Mexico Rules of Professional Conduct to inform the JSC, not ours, since this misconduct has been brought to your attention, in writing, with conclusive evidence.

JPEC stands for Judicial Performance Evaluation Commission so you are the appropriate authority.

And you wrote, "JPE programs promote judicial self-improvement, enhance the quality of the judiciary and provide relevant information to those responsible for continuing judges in office." Therefore, it appears that you are the responsible authority to report this misconduct.

You have evidence in writing that Metro judge Judith Nakamura is directly involved in obstructing processing criminal misdemeanor complaints.

And that appeals court judges Pickard and Wechsler were directly involved in ruling on appeals in Brennan cases rather than voiding judgements.

We feel that it is your duty, under Rule 16-803 to see to it that appropriate action is taken for these judges removal from the bench.

We asked attorney general candidates to complete our verified questionnaire for the reason that the winner may be asked to file felony criminal complaints against Patricia Madrid, Kari Brandenburg. We have the evidence of guilt of Madrid and Brandenburg in writing.

New Mexico Better Business Bureau president Jerry Shipman identified removal of pro se fights from Cibola Internet Service's nmol as a crime since it involved credit card fraud. This crime was like instigated by Bill Richardson or Richard Bosson.

Offending article was reposted some days later at http://www.prosefights.org#article.

But our job is to get this unfortunate 14 year long matters settled so we have appealed to Congresswoman Heather Wilson for help.

In event that Wilson is unable to help, then we will immediately file with US Supreme Court Judge Thomas to void judgment of judge Brown, Scott, Downes, and Benson.

Perhaps you and the JPEC committee might wish to reason with judge Bosson to explain the grief he would save Judge Thomas by signing the writs to void judgments we sent him.

Please let us know of your decisions to

A inform us that our answers [***] to our verified questionnaire are incorrect

B reason with New Mexico supreme court chief judge Richard Bosson

by Tuesday October 31, 2006.

Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
505-323-7277

William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037

Distribution

ask.heather@mail.house.gov

phil@garyking.org
info@garyking.org
james@garyking.org
sheila@garyking.org

alexis-valdez@hotmail.com

madrid@madridforcongress.com

kbrandenburg@da2nd.state.nm.us
martinchavez@cabq.gov
mfleisher@aol.com

aoclmb@nmcourts.com

lillemor@nmia.com
lwvabc@nmia.com
clee1202@emailt.com
president@lwvlosalamos.org
lwvsfc@juno.com

Sensenbrenner@mail.house.gov
arlen_specter@specter.senate.gov

Verified New Mexico and Federal Constitutional Law and New Mexico Judicial Procedure and Rules Questionnaire and Responses
of
Felix Briones, Chairman of the Judicial Performance Evaluation

U.S. Constitution: Seventh Amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Section 1. [Supreme law of the land.] The state of New Mexico is an inseparable part of the federal union, and the constitution of the United States is the supreme law of the land

Sec. 12. [Trial by jury; less than unanimous verdicts in civil cases.]

The right of trial by jury as it has heretofore existed shall be secured to all and remain inviolate. In all cases triable in courts inferior to the district court the jury may consist of six. The legislature may provide that verdicts in civil cases may be rendered by less than a unanimous vote of the jury.

Response.

TRUE ***

FALSE

Response.

TRUE ***

FALSE

Response.

TRUE ***

FALSE

Response.

TRUE ***

FALSE

1-041. Dismissal of actions.

A. Voluntary dismissal; effect thereof.

(1) Subject to the provisions of Paragraph E of Rule 1-023 and of any statute, an action may be dismissed by the plaintiff without order of the court:

(a) by filing a notice of dismissal at any time before service by the adverse party of an answer or other responsive pleading; or

(b) by filing a stipulation of dismissal signed by all parties who have appeared generally in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed an action based on or including the same claim.

(2) Except as provided in Subparagraph (1) of this paragraph, an action shall not be dismissed on motion of the plaintiff except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim, cross-claim or third-party claim has been filed by a party prior to the service upon such party of the plaintiff's motion to dismiss, the action shall not be dismissed against the party's objection unless the counterclaim, cross-claim or third-party claim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.

B. Involuntary dismissal; effect thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the q facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 1-052.

Unless the court in its order for dismissal otherwise specifies, a dismissal under this paragraph and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 1-019, operates as an adjudication upon the merits.

C. Dismissal of counterclaim, cross-claim or third-party claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to Subparagraph (1) of Paragraph A of this rule shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing.

D. Costs of previously dismissed action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.

E. Dismissal of action with and without prejudice.

(1) Any party may move to dismiss the action, or any counterclaim, cross-claim or third-party claim with prejudice if the party asserting the claim has failed to take any significant action to bring such claim to trial or other final disposition within two (2) years from the filing of such action or claim. An action or claim shall not be dismissed if the party opposing the motion is in compliance with an order entered pursuant to Rule 1-016 or with any written stipulation approved by the court.

(2) Unless a pretrial scheduling order has been entered pursuant to Rule 1-016, the court on its own motion or upon the motion of a party may dismiss without prejudice the action or any counterclaim, cross-claim or third party claim if the party filing the action or asserting the claim has failed to take any significant action in connection with the action or claim within the previous one hundred and eighty (180) days. A copy of the order of dismissal shall be forthwith mailed by the court to all parties of record in the case. Within thirty (30) days after service of the order of dismissal, any party may move for reinstatement of the case. Upon good cause shown, q the court shall reinstate the case and shall enter a pretrial scheduling order pursuant to Rule 1- 016. At least twice during each calendar year, the court shall review all actions governed by this paragraph.

(3) The filing of a motion for dismissal pursuant to this rule shall not be taken to be an entry of appearance in said action or proceeding.

F. Applicability. This rule shall apply to all civil cases filed in the district court, including civil cases appealed from the metropolitan or magistrate courts. This rule shall not apply to:

(1) guardianship, receivership, trusteeship or conservatorship cases;
(2) proceedings commenced pursuant to the Mental Health and Developmental Disabilities Code;
(3) proceedings commenced pursuant to the provisions of the Probate Code; or
(4) proceedings commenced pursuant to the Children's Code.

[As amended, effective January 1, 1990.]

Response.

TRUE ***

FALSE

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Response.

TRUE ***

FALSE

Response.

TRUE ***

FALSE

Response.

TRUE ***

FALSE

A appeal judge's ruling?

B seek writ to void ruling?

Circle response.

A

B ***

Response.

TRUE ***

FALSE

Section 1. [Oath of officer.] 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.

Response.

TRUE ***

FALSE

16

Under penalty of perjury as provided by law, the undersigned certifies that material factual statements set forth in this pleading are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

Notary Public ______________________________________

I declare under penalty of perjury that the foregoing is true and correct.

Executed on _________________



____________________________
Signed: Felix Briones

I am in receipt of your Verified New Mexico and Federal Constitutional Law and New Mexico Judicial Procedure and Rules Questionnaire. We want to clarify that the Judicial Performance Evaluation Commission (JPEC) is not responsible for taking corrective action on judges who may have violated their oaths. Thus, we will not be responding to your questionnaire. The JPEC provides the public with a measure of confidence in the performance of justices and judges, about whom the public generally knows very little. JPE programs promote judicial self-improvement, enhance the quality of the judiciary and provide relevant information to those responsible for continuing judges in office.

Complaints about judicial conduct may be filed with the Judicial Standards Commission (JSC), an independent commission created in 1968 by an amendment to the New Mexico Constitution. The Commission has the responsibility to investigate allegations of judicial misconduct and disability, conduct hearings, and recommend sanctions to the New Mexico Supreme Court. You can reach the JSC at (505) 222-9353.

Please visit our website at www.nmiDec.orcj to learn more about the process the JPEC undertakes to evaluate justices and judges running for retention.

If you have any questions, please contact Louise Baca-Sena at (505) 827-4960.

Sincerely,

Felix Briones, Jr.
Chair, JPEC

Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
505-323-7277

William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037

Distribution

aoclmb@nmcourts.com

Sensenbrenner@mail.house.gov
arlen_specter@specter.senate.gov

Verified New Mexico and Federal Constitutional Law and New Mexico Judicial Procedure and Rules Questionnaire and Responses
of
Felix Briones, Chairman of the Judicial Performance Evaluation

U.S. Constitution: Seventh Amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Section 1. [Supreme law of the land.] The state of New Mexico is an inseparable part of the federal union, and the constitution of the United States is the supreme law of the land

Sec. 12. [Trial by jury; less than unanimous verdicts in civil cases.]

The right of trial by jury as it has heretofore existed shall be secured to all and remain inviolate. In all cases triable in courts inferior to the district court the jury may consist of six. The legislature may provide that verdicts in civil cases may be rendered by less than a unanimous vote of the jury.

Response.

TRUE

FALSE

Response.

TRUE

FALSE

Response.

TRUE

FALSE

Response.

TRUE

FALSE

Response.

TRUE

FALSE

1-041. Dismissal of actions.

A. Voluntary dismissal; effect thereof.

(1) Subject to the provisions of Paragraph E of Rule 1-023 and of any statute, an action may be dismissed by the plaintiff without order of the court:

(a) by filing a notice of dismissal at any time before service by the adverse party of an answer or other responsive pleading; or

(b) by filing a stipulation of dismissal signed by all parties who have appeared generally in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed an action based on or including the same claim.

(2) Except as provided in Subparagraph (1) of this paragraph, an action shall not be dismissed on motion of the plaintiff except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim, cross-claim or third-party claim has been filed by a party prior to the service upon such party of the plaintiff's motion to dismiss, the action shall not be dismissed against the party's objection unless the counterclaim, cross-claim or third-party claim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.

B. Involuntary dismissal; effect thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the q facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 1-052.

Unless the court in its order for dismissal otherwise specifies, a dismissal under this paragraph and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 1-019, operates as an adjudication upon the merits.

C. Dismissal of counterclaim, cross-claim or third-party claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to Subparagraph (1) of Paragraph A of this rule shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing.

D. Costs of previously dismissed action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.

E. Dismissal of action with and without prejudice.

(1) Any party may move to dismiss the action, or any counterclaim, cross-claim or third-party claim with prejudice if the party asserting the claim has failed to take any significant action to bring such claim to trial or other final disposition within two (2) years from the filing of such action or claim. An action or claim shall not be dismissed if the party opposing the motion is in compliance with an order entered pursuant to Rule 1-016 or with any written stipulation approved by the court.

(2) Unless a pretrial scheduling order has been entered pursuant to Rule 1-016, the court on its own motion or upon the motion of a party may dismiss without prejudice the action or any counterclaim, cross-claim or third party claim if the party filing the action or asserting the claim has failed to take any significant action in connection with the action or claim within the previous one hundred and eighty (180) days. A copy of the order of dismissal shall be forthwith mailed by the court to all parties of record in the case. Within thirty (30) days after service of the order of dismissal, any party may move for reinstatement of the case. Upon good cause shown, q the court shall reinstate the case and shall enter a pretrial scheduling order pursuant to Rule 1- 016. At least twice during each calendar year, the court shall review all actions governed by this paragraph.

(3) The filing of a motion for dismissal pursuant to this rule shall not be taken to be an entry of appearance in said action or proceeding.

F. Applicability. This rule shall apply to all civil cases filed in the district court, including civil cases appealed from the metropolitan or magistrate courts. This rule shall not apply to:

(1) guardianship, receivership, trusteeship or conservatorship cases;
(2) proceedings commenced pursuant to the Mental Health and Developmental Disabilities Code;
(3) proceedings commenced pursuant to the provisions of the Probate Code; or
(4) proceedings commenced pursuant to the Children's Code.

[As amended, effective January 1, 1990.]

Response.

TRUE

FALSE

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Response.

TRUE

FALSE

Response.

TRUE

FALSE

Response.

TRUE

FALSE

A appeal judge's ruling?

B seek writ to void ruling?

Circle response.

A

B

Response.

TRUE

FALSE

Section 1. [Oath of officer.] 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.

Response.

TRUE

FALSE

17

Under penalty of perjury as provided by law, the undersigned certifies that material factual statements set forth in this pleading are true and correct, except as to any matters therein stated to be information and belief of such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

Notary Public ______________________________________

I declare under penalty of perjury that the foregoing is true and correct.

Executed on _________________



____________________________
Signed: Felix Briones