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Criminal Complaint on Judge 1

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  • Legalbear
    Everyone: Someone wanted to know how to file a criminal complaint on a judge. This is one that I did that s a duzzy. I was in a court once and observed a
    Message 1 of 1 , Jul 9, 2003
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      Everyone: Someone wanted to know how to file a criminal complaint on a
      judge. This is one that I did that's a duzzy. I was in a court once and
      observed a police officer come in and take a seat in the galley. When there
      was a break, the judge asked him what he wanted. He carried his affidavit
      up to the judge, the judge reviewed it and finding probable cause, issued
      the warrant. I had a high school acquaintance that became a police officer.
      I asked him, "What do you do when you think you have a drug bust of federal
      proportions that you'd like to have prosecuted federally?" I'd seen
      municipal police cars sitting around the federal courthouse. I concluded
      that they were at court as witnesses on federal cases. He responded that he
      would take the evidence he had to the US Attorney who would then ask the
      court for warrants if he thought there was cause. So, I wrote up this
      complaint and went down to court just like the officer did. (cont'd below
      the affidavit)

      ---------- County )
      ) SD
      Colorado )


      SOLEMN DECLARATION OF ------name-------- IN SUPPORT OF REQUEST FOR AN ARREST
      WARRANT

      I, ------name------, having appeared before a duly authorized notary public,
      having first hand knowledge of the facts set forth herein, solemnly declare
      that the facts set forth herein are true, and seek an arrest warrant issue
      pursuant to 16-3-108 C.R.S. commanding any peace officer to arrest Judge
      ------Judge's name------ and bring her before this Court to answer to the
      following set of facts:

      Note: Unless otherwise noted, the facts set forth below pertain to
      ------------ County Court case #case number.

      1. That sometime between the dates of June 10, 1999 and August 18, 1999,
      ------Judge's name------ (Judge ------Judge's name------ hereafter), a judge
      in the ------------ County Court, knowingly altered the record made of the
      rulings that she made on my pre-trial motions, occurring at my trial in the
      County Court, case #case number, on May 17, 1999. I obtained a tape of the
      proceedings that occurred on May 17, 1999 and that tape contained a ruling
      on a motion that I filed called a VERIFIED MOTION FOR COURT TO ORDER
      PROSECUTION that never occurred at the May 17, 1999 trial. Notes made by
      the clerk of the court respecting which motions were ruled upon during
      pre-trial proceedings do not reflect the Judge ------Judge's name------
      having ruled on that motion on the day of trial. Further, the register of
      actions for that case reflect that the Judge ------Judge's name------ ruled
      on that motion on May 14, 1999 in a written format in the register of
      actions. The alteration of the record is contrary to 18-8-114(1)(a) C.R.S.
      Abuse of Public Records.

      2. That on May 14, 1999 Judge ------Judge's name------, a judge in the
      ------------ County Court, wrote an order denying my VERIFIED MOTION FOR
      COURT TO ORDER PROSECUTION and failed to send it to me contrary to Crim.P.
      49(c), a rule related to the performance of her duties as a judge, and
      18-8-404(1)(c) First Degree Official Misconduct.

      3. That on May 14, 1999, Judge ------Judge's name------ entertained an ex
      parte communication, and stated that she had, on the tape that I received,
      saying something to the effect that, "Both parties have made written
      submissions," from the District Attorney (D.A. hereafter) in the form of
      the D.A.'s MOTION TO DENY DEFENDANT'S MOTION FOR SUBSTITUTION, AND RESPONSE
      TO DEFENDANTS MOTION FOR COURT TO ORDER PROSECUTION which did not contain a
      certificate of mailing; contrary to Colorado Code of Judicial Conduct Canon
      3(4)((4)A judge should * * * [not] consider ex parte * * * communications
      concerning a pending or impending proceeding.), a rule related to the
      performance of the judge's duties, and 18-8-404(1)(c) C.R.S. First Degree
      Official Misconduct.

      4. That in the tape made of the oral ruling on my VERIFIED MOTION TO COMPEL
      PROSECUTION that allegedly took place on May 17, 1999, Judge ------Judge's
      name------ failed to give me a "full right to be heard," as my voice never
      appears on said tape, contrary to the Colorado Code of Judicial Conduct
      Canon 3(4)((4)A judge should accord to every person who is legally
      interested in a proceeding, or his or her lawyer, full right to be heard
      according to law, * * *), a rule related to the performance of the judge's
      duties, and 18-8-404(1)(c) C.R.S. First Degree Official Misconduct.

      5. On June 7, 1999, I filed with the Judge ------Judge's name------'s Court
      a VERIFIED MOTION FOR COURT TO ISSUE CONTEMPT CITATION/Larry Vail (a Ft.
      Collins police officer). As of this writing, Judge ------Judge's name------
      has never ruled on that motion or set it for a hearing. I pointed out that
      the motion had never been ruled on at my sentencing to which she replied, "I
      don't want to talk about that now." Her delay in ruling on said motion is
      contrary to the Colorado Code of Judicial Conduct Canon 3C(1)((1)A judge
      should diligently discharge his or her administrative responsibilities, * *
      *) or, 3A(5)((5)A judge should dispose promptly of the business of the
      court.) both rules related to the performance of the judge's duties, and
      18-8-404(1)(c) C.R.S. First Degree Official Misconduct.

      6. On May 17, 1999, during pre-trial rulings on motions, I notified Judge
      ------Judge's name------ that the clerks for her Court had failed to comply
      with Crim.P. 10(f)(requiring that a defendant, unrepresented by counsel, be
      supplied with the jurors list prior to trial) and she refused to require the
      clerks to comply with that rule contrary to the Colorado Code of Judicial
      Conduct Canon 2A ("A judge should respect and comply with the law * * *")
      and Canon 3B(2) ("(2)A judge should require his or her staff and court
      officials subject to the judge's direction and control to observe the
      standards of fidelity and diligence that apply to the judge."), both rules
      related to the performance of the judge's duties, and 18-8-404(1)(c) C.R.S.
      First Degree Official Misconduct.

      7. On May 13, 1999 I filed a filed a VERIFIED MOTION FOR SUBSTITUTION OF
      JUDGE. Prior to trial, on May 17, 1999, Judge ------Judge's name------
      ruled on that motion during the pre-trial hearing on motions. Judge
      ------Judge's name------ had jurors present and was prepared to move forward
      to trial and did so, even though I informed her that there was supposed to
      have been a suspension of the proceedings pending a ruling on the motion as
      required by Crim.P. 21(b)(3)("(3) Upon the filing of a motion under this
      section (b), all other proceedings in the case shall be suspended until a
      ruling is made thereon.") a rule related to the performance of the judge's
      duties, (and did so even though I requested a stay to give me an opportunity
      to have her ruling reviewed in a C.R.C.P. 106(a)(4) proceeding.) but Judge
      ------Judge's name------ had failed to effect a suspension of the
      proceedings as required by the rule contrary to 18-8-404(1)(c) C.R.S. First
      Degree Official Misconduct.

      8. In an order mailed to me on November 10, 1999, Judge ------Judge's
      name------ ordered me to "* * * provide the information requested by
      Br------ in collections * * *" if I wanted to move forward on appeal by
      having the record prepared without costs. A computer search of Colorado
      Revised Statutes as well as Colorado Court rules turned up no authority for
      Judge ------Judge's name------ requiring me to do this. Br------ could
      provide no authority for the utilization of her office for this purpose.
      Judge ------Judge's name------'s action in this regard appears to be an act
      relating to her office but constituting an unauthorized exercise of her
      official function contrary to 18-8-404(1)(a) C.R.S.

      9. On June 21, 1999 I filed a motion for time that Judge ------Judge's
      name------ granted and never sent me notice of the ruling contrary to
      Crim.P. 49(c), a rule related to the performance of her duties as a judge,
      and 18-8-404(1)(c) First Degree Official Misconduct.

      10. At sentencing on September 16, 1999, Judge ------Judge's name------
      failed to comply with Crim.P. 32( c), a rule related to the performance of
      her duties as a judge, contrary to 18-8-404(1)(c) First Degree Official
      Misconduct.

      11. At no time during the entire duration of the proceedings in case
      number, over which Judge ------Judge's name------ has presided, has judge
      ------Judge's name------ required her clerks to comply with the requirement
      in Crim.P. 49( c)(requiring that a note be made in the docket that a copy
      was sent to each party affected) contrary to the Colorado Code of Judicial
      Conduct Canon 2A ("A judge should respect and comply with the law * * *")
      and Canon 3B(2) ("(2)A judge should require his or her staff and court
      officials subject to the judge's direction and control to observe the
      standards of fidelity and diligence that apply to the judge.") rules
      related to the performance of the judge's duties, and 18-8-404(1)(c) C.R.S.
      First Degree Official Misconduct.

      12. In case #case # in ------------ County Court, on November 10, 1999
      Judge ------Judge's name------ entered an order with respect to a ruling on
      bail forfeiture that was never sent to me contrary to the Colorado Code of
      Judicial Conduct Canon 2A ("A judge should respect and comply with the law *
      * *") and Canon 3B(2) ("(2)A judge should require his or her staff and court
      officials subject to the judge's direction and control to observe the
      standards of fidelity and diligence that apply to the judge.") rules
      related to the performance of the judge's duties, and 18-8-404(1)(c) C.R.S.
      First Degree Official Misconduct.

      13. In case #case # in ------------ County Court, on November 9, 1999 I
      filed a VERIFIED MOTION FOR BAIL REDUCTION. As of this writing Judge
      ------Judge's name------ has never ruled on that motion contrary to the
      Colorado Code of Judicial Conduct Canon 3C(1)((1)A judge should diligently
      discharge his or her administrative responsibilities, * * *) or, 3A(5)((5)A
      judge should dispose promptly of the business of the court.) both rules
      related to the performance of the judge's duties, and 18-8-404(1)(c) C.R.S.
      First Degree Official Misconduct.

      I solemnly declare that the facts set forth above are true.

      WHEREFORE, I request that a warrant issue from this Court commanding that
      Judge ------Judge's name------ be brought before this Court to answer to the
      above charges.

      Humbly,


      ________________________
      ------name------
      address & phone

      ------name------ has appeared before me this ___ day of December, 1999 in
      ------------ County, Colorado and has solemnly declared that the facts set
      forth above are true.

      ________________________________
      COURT CLERK/NOTARY PUBLIC [SEAL]

      My commission expires___________________________.

      I told the clerk what I was there for. She approached the judge for me.
      She came back and told me that he said to see the DA. I bet you're not
      surprised, are you? My request was based on this statute:

      16-5-209. Judge may require prosecution.
      Statute text
      The judge of a court having jurisdiction of the alleged
      offense, upon affidavit filed with the judge alleging the commission of a
      crime and the unjustified refusal of the prosecuting attorney to prosecute
      any person for the crime, may require the prosecuting attorney to appear
      before the judge and explain the refusal. If after that proceeding, based on
      the competent evidence in the affidavit, the explanation of the prosecuting
      attorney, and any argument of the parties, the judge finds that the refusal
      of the prosecuting attorney to prosecute was arbitrary or capricious and
      without reasonable excuse, the judge may order the prosecuting attorney to
      file an information and prosecute the case or may appoint a special
      prosecutor to do so. The judge shall appoint the special prosecutor from
      among the full-time district attorneys, assistant district attorneys, or
      deputy district attorneys who serve in judicial districts other than where
      the appointment is made; except that, upon the written approval of the chief
      justice of the supreme court, the judge may appoint any disinterested
      private attorney who is licensed to practice law in the state of Colorado to
      serve as the special prosecutor. Any special prosecutor appointed pursuant
      to this section shall be compensated as provided in section 20-1-308
      <http://198.187.128.12/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=j
      ump&iid=COCODE&d=20-1-308&sid=6c20c47.1e2784c5.0.0> , C.R.S.
      It happened that there was a deputy DA in the court. So, I turned to him
      and told him what I had. You guessed it. He wanted nothing to do with it.
      He told me to see the police. It just happened that my buddy and I had a
      lunch meeting that day with an investigator and his supervisor. You guessed
      it. They freaked out and said that wasn't their job; see the Colorado
      Bureau of Investigation. I called them and they wanted nothing to do with
      it.

      I succeeded in getting a judge to order this other judge investigated. I'll
      have more on that to come. Persistence was the order of the day. Bear

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