Randall D Roybal
Deputy Director & Chief
Staff Attorney
Judicial Standards Commission
Friday January 28, 2004 10:35
![]() Tuesday November 30, 2004 10:59 AM Randall D Roybal Dear Mr Roybal: We received your letter dated October 26, 2004 [jscsettlement.htm#oct20] which is an unsatisfactory attempt to respond to our October 20, 2004 letter [jscsettlement.htm#body].You wrote Today we received your letter that was postmarked dated October 20, 2004. (Please note our new address on this letterhead, as it caused a delay in the postal service delivery.) We hope that we have corrected this. You wrote We will be happy to review concerns you wish to bring to this Commission's attention; however, the Judicial Standards Commission Rules and Regulations require that we obtain a verified (notarized) complaint before we initiate our review. We did not receive a required complaint form you claim you enclosed. Judge Theodore C Baca was recently given an opportunity to settle for having paid for fraudulent removal of New Mexico 12 person jury trial lawsuit CV-2001-03118 to federal court. See rule144.htm#af634 for details. Baca did not accept settlement offer but instead directed his attorney Robert Becker to continue to submit harassing pleading in federal court which does not have jurisdiction over harassment. Therefore, please send official complaint form for judge Baca which we have not yet received. You wrote Please also note that the Commission's jurisdiction is limited to judicial misconduct. The Commission has no authority to review allegations of misconduct lodged against attorneys. These two paragraphs in addition to the two previous paragraphs indicate to us that you want us to file a judicial misconduct complaint. We filed CONFIDENTIAL prima facie evidence judicial misconduct complaints with the Judicial Standards Commission on August 10, 2004. See cover letter at jsccomplaintbrownscott.htm. We were disappointed, but not surprised, that the Judicial Standards Commission decided to nothing to judges Brown and Scott for dismissing our prima facie case 12 person jury trial lawsuits against former convicted felon judge W John Brennan [http://mywebpages.comcast.net/bpayne37/johnbrennan/johnbrennan.htm. And that the Judicial Standards Commission failed take action against Metro judge Charles Barnhart for not conducting a proper criminal arraignment. We post Judicial Standards Commission chairman David S Smoak's redacted responses at jscsettlement.htm#redact for the benefit of others who may considering filing complaints. The responses were redacted, of course, to preserve the CONFIDENTIAL statements about judges Brown, Scott, and Barnhart. A jury trial lawsuit is, of course, guaranteed inviolate and cannot be dismissed by a judge according to New Mexico law. So this brings us to discuss parts of our October 20, 2004 letter you did not address. Specifically, we stated The Judicial Standards Commission shall insist that a judge from New Mexico supreme court appoint a district judge from a district other than two and thirteen to Since your October 26, 2004 [jscsettlement.htm#oct20] did not address our above request, we might conclude that the New Mexico Judicial Standards Commission is not going to do anything to help see we get what we paid for and are guaranteed inviolate by New Mexico and federal constitutions: our paid for 12 person trial by jury for prima facie New Mexico cases CV 0200107794 and CV 0200203425 or settlement. Or we might conclude that all members of the Judicial Standards Commission did not have opportunity to read and edit your unfortunate deficient October 26,2004 letter since we might expect that reasonable reviewers would have insisted that you respond to our request.For this reason we ask again The Judicial Standards Commission shall insist that a judge from New Mexico supreme court appoint a district judge from a district other than two and thirteen toA oversee settlement of CV 0200107794 and CV 0200203425 B or, if settlement is not possible, schedule trail by jury of 12 as required by New Mexico and federal constitutions by Tuesday December 7, 2004. To assure us that all members of the Judicial Standards Commission have read and approved of your response letter to be sent by December 7, 2004, we ask that all members and director James A. Noel sign your letter. Failure respond by December 7, 2004 will cause us to take further action to see what we are not cheated out of our money for paid for 12 person jury trials in prima facie New Mexico cases CV 0200107794 and CV 0200203425. We feel that this Judicial Standards Commission's failure to take proper action on our complaint seen at jsccomplaintbrownscott.htm and failure to help us get settlement or our paid for jury trials is sufficiently serious that we are forwarding a copy of this letter to the Albuquerque city Council in hope that they may reason with you, Noel, and the Judicial Standards Commission members to convince you of the importance to Albuquerque, New Mexico, and the United States to do the right things. Sincerely Arthur R. Morales William H. Payne Distribution
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