My name is Kathy Doyle. There are several exhibits listed here, if you would like to view those you can email me and I will send you a copy; kathydoyle8@gmail.com.
WE THE PEOPLE MUST CORRECT OUR COURTS CORRUPTION
Each and every one of us deserves pristine Courts with our Judges accountable to us being the essence of our Democracy.
I am asking our Citizens of OK CO to rally our attorneys to be candidates for District Judges in November elections in my plea for “We the People” to stop the corruption in our Courts; they have been broken long enough as anyone who having had litigation in our Courts will attest to. How long are we going to suffer this injustice when it is our Courts that serve us all?
In dealing with our courts daily, our attorneys know full well of the corruption which makes their jobs harder, and although it seems to be a gamble with their career by running against a Judge if they lose, yet we must plea for them to do us the Honor of serving us for Justice; people whom have been involved in our Courts will support new Judges. If attorneys do not want repair our Courts for themselves, or “We the People”, then we ask them to do it for our Children’s sake to be able to have justice in our Courts.
We have [33] Trial Court Judges in Oklahoma County. The Courts just recently fulfilled having [15] District Judges [20O.S.§92.8a]; [for the last year we had [13]] with upcoming elections correcting that number.
“We the People” begin repairing our Courts by preventing our only [15] District Judges from running unopposed winning automatically. This is what has occurred the last 2 elections, maybe longer, which has bred corruption we must prevent from continuing. In 2014, there were only [2] District Judges, Deason and Prince, who ran elections as District Judges against candidates.
Per [20O.S.§92.8a] in District 7 it is not required for candidates to reside in Oklahoma County; the requirements are being voter in his or her District for at least [1] year, and licensed to practice for at least [4] years, along with paying $300.00 fee.
We only have until April 11th—13th, 2018 to ask our Oklahoma Attorneys to do us the Honor of serving as District Judges to meet Candidate filing deadline for June 26, 2018 Primary elections for November 6th, 2018 General Elections.
If more than [2] candidates file for one seat, Judges will compete in primary elections, then go onto November 6, 2018 General elections; if there are no other candidates then the current Judges win without being on the ballot; this is why we have not been aware elections have not been occurring as they should have been every 4 years.
Ask yourself what is occurring in our Courts with the most important positions of our Judges, who hold together the fabric our society, are not being run for? We’ve been robbed of our Democratic process of elections every 4 years to either keep current Judges or elect new Judges.
It is shameful our Courts cannot repair its own corruption and it takes people being impaled by the injustices of our Courts turning to our Citizens to restore Justice and Honor to our Courts.
OUR CURRENT JUDGES [Ballotpedia profiles]
Office 1. Aletia Timmons was elected as first time District Judge against an opponent November 4, 2014.
Office 2. Thomas Prince was appointed by Gov. Fallin in 2012; he was re-elected in 2014 running unopposed.
Office 3. Howard Haralson was appointed by Gov. Fallin May 11, 2017; he is required to run election this year.
Office 4. Kenneth Stoner was appointed by Gov. Fallin in 2017; he is required to run election this year.
Office 5. Patricia Parrish joined the court in 2003; she was re-elected in 2010 and 2014 running unopposed. Judge Parrish is the best Judge we have, but she is retiring this year 😦 leaving her office vacant.
Office 6. Tim Henderson was appointed by Gov. Fallin July 2012; he was re-elected in 2014 running unopposed.
Office 7. Cindy Truong was elected in 2010; she was re-elected in 2014 running unopposed.
Office 8. Glenn Jones was appointed March 1994; he was re-elected in 2010 and 2014 running unopposed. Judge Jones is another good Judge, but he is retiring this year 😦 leaving his office vacant.
Candidates Rand Eddy; Heather Coyle;
Office 9. Michele McElwee was appointed by Gov. Fallin March 15, 2016; she is required to run election this year.
Candidate Kendra Coleman;
Office 10. Bill Graves was elected in 2006; he was re-elected in 2010 and 2014 running unopposed.
Office 11. Richard Ogden was appointed by Gov. Fallin May 11, 2017; he is required to run election this year.
Office 12. Lisa Davis was appointed by Gov. Henry in 2009; she was re-elected in 2010 and 2014 running unopposed.
Office 13. Trevor Pemberton was appointed by Gov. Mary Fallin; he is required to run election this year.
Office 14. Ray C. Elliott was elected in 1998; he was re-elected in 2010 and 2014 running unopposed.
Office 15. Don Andrews ran 2014 election from Special Judge and elected as District Judge November 4, 2014.
I’ve been informed Chris Sloan is running, but I do not know which Office yet. If anyone knows this information, please let me know so I can update status.
OUR OTHER [17] SPECIAL JUDGES
We have [1] Asst. District Judge, with the other [17] Judges are Special Judges. Per [20O.S.§Rule1;§Rule2;§Rule10;§122] [see below Authorities] Special Judges are court personnel hired for case load, who are not accountable to any of us by not being elected or appointed, with over half of our Judges not accountable to “We the People”, which flies in the face of our Democracy in electing our Officials to be accountable to us.
In 2018 Oklahoma County population is 718,633. Per [20O.S.§122(A)(B)] (2) Special Judges are allowed for first 24,000 population. [14] Special Judges are allowed for remaining population of 694,633. We have [17] Special Judges now [for the last year we had 19],
Our Special Judges are only accountable to Presiding Judge Henderson and Chief Justice Combs, both failing to do their jobs, per [20O.S.§Rule1(D)(1)(2)(3)(4)E(1)(2)(4); §Rule2(A)(B)(C)(1)(3)(D)(E); §Rule10].
Per Title 20 “Presiding Judge is to be made aware of court personnel noncompliance with rules, orders, and directives and to act in conformity with statutes, rules, orders, directives & decisions to assure adherence to court objectives & policies of the District Court for effective, efficient, effective management and supervisory control of court personnel making directives & Orders with authority to manage, suspend, terminate court personnel.”
Chief Justice Combs is Presiding Judge Henderson’s “Boss” refusing to address the corruption in our Courts. Chief Justice is also who hires Special Judges just so the State can save $15,379.00 per year in salary difference from District Judges [20O.S.§92.1A].
$15k a year per Judge is a nominal amount considering a District Judge is accountable to “We the People” and a Special Judge is not; people will unify enough taxes are paid that our children deserve District Judges in our Family Courts.
All of our Family Court Judges are Special Judges who are allowed to Rule however they please under our current Presiding Judge Henderson even though Presiding Judge is responsible for Special Judges.
People are not told upon filing a divorce, and assigned a Special Judge, that they can object to a Special Judge before a trial or hearing, along with parties must agree in writing to a Special Judge [20O.S.§123;§124].
If we do not correct our Courts this year, “We the People” will have to wait another 4 years while many innocent children’s lives will be destroyed due to retaliatory court personnel corrupt Special Judges.
You personally may not be involved in our Family Courts, but with the high divorce rate, you’re going to know someone who is; our Children do not deserve to have their lives torn apart by corrupt Special Judge’s rulings, Special Judges allowing cases to drag out tiring of cases, or worse retaliating upon one or both parties.
Even though Orders are to be sacred and revered, if you get Orders you cannot get them enforced by a Special Judge. Further details follow, but as a synopsis I have [3] cases FD-2006-3306; FD-2012-2876 and CJ-2016-4384 that span over [10] years, involving [6] corrupt Judges since 2012. I lost my son to 2012 alienation due to Special Judge McGuire in FD-2012-2876 refused to enforce her Ruling to put my son with me.
I also have (2) separate case of generous Orders of $4,100.00 and owed over 1/2 million in arrears I cannot get enforced to the point I am losing my home to foreclosure and my car to repossession; I’m going to be one of the homeless people who meander around the Courthouse with our Judges and Justices putting me there if our Courts corruption is not corrected so I can get justice served of having Orders enforced.
In FD-2012-2876 Special Judge McGuire Ordered my home and car are to be paid for, also in FD-2006-3306 I have Judge Deason’s April 21st, 2010 Orders of $525.00 per week for 9 years. The last contempt’s have been filed, but there are no dockets to set them on with Special Judge McGuire retaliating making sure I cannot get the Orders enforced due to her corruption and Special Judge Oakes’ that Presiding Judge Henderson condones and collides with to block Orders enforced.
Also, People are not told about the Code of Judicial Conduct for us to know what is expected of our Judges in doing their jobs; the heart of CJC is to protect the public’s trust in our Courts.
[5O.S.§Canon1; Rule1.1; §1.2;Canon2;§2.2; §2.3; §2.5; §2.6; §2.7; §2.8; §2.9; §2.11; §2.15; §2.16; Canon3; Canon4; 20O.S.§1404; Okla.Const.Art.7§A-1]
All Judges involved in my cases violate the CJC, seeming to not know what Rules say or they would comply with them. It is mandatory Judges comply with all Laws including CJC. The CJC was created in 1974, yet Judges ignored CJC to the point it had to be made a mandatory law in 2011!
We pay our Judges salaries to be Honorable, to Obey and Defend our Constitutions per their Oaths, to do their jobs competently, diligently, impartially and fairly per CJC and to not violate people’s Constitutional Rights.
Not only has my survival been at stake with the threat of being homeless, the duress, destitution, and heartbreak suffered losing my son, are all due to the corruption in our Courts that is extremely frustrating.
Many of our Court Officials do not want to do their jobs, but no one is offering to not get paid. We must put Judges and Justices in Office who want to do their jobs.
REMOVE PRESIDING JUDGE HENDERSON FROM THE BENCH
People must cut off the head of the snake of injustice by removing Judge Henderson from the bench as our extremely corrupt Presiding Judge. He is only 5+ year Judge appointed July 24th, 2012, same day my 2nd divorce was filed, and he freely accepted Presiding Judge Title August 2016 upon Presiding Judge Deason’s passing July 31st, 2016, yet he refuses to do his job we pay him to do.
For 19 months, since August 8th, 2016, Presiding Judge Henderson has committed [26] counts of Judicial Usurpation, violating my Constitutional Rights to have the court open to me to set or hear pleadings, for his statutory required duties in FD-2006-3306 and FD-2012-2876 responsible for Special Judge McGuire’s [8] 2015-2017 Judicial Violations and both Special Judge McGuire’s and Special Judge Oakes January 9th, 2017 Judicial Violation [20O.S.§Rule1(D)(1)(2)(3)(4)E(1)(2)(4);§Rule2(A)(B)(C)(1)(3)(D)(E);§Rule10]. He has refused his statutory duties in CJ-2016-4384 to set or hear November 20th, 2017 motion and February 8th, 2018 motion for [12O.S.§Rule15(b)], along with refusing to set or hear his own [12O.S.§Rule15] recusal requests January 31st, 2017, February 15th, 2018 and February 16th, 2018 that he is required by law to set and hear.
[U.S.C.5th &14th Amendments; 28U.S.C.§1654; Okla.Const.Art.II6;Art.II7; 5O.S.CJCCanons1;2; Okla.Const.Art.7§A-1; 20O.S.§1404; OkCoRule11].
Even though Presiding Judge Henderson refuses to allow me to present my cases to him, and without being aware of the issues in my cases, Presiding Judge has committed [3] counts of Fraud upon the Court issuing illegal, exparte, erroneous Orders corrupting functions of Judicial machinery from performing impartially. They are exparte Orders due to not only was I not present any hearing, Carl Doyle has not even participated in litigation since August 2016 with Special Judge McGuire allowing him to not comply with Court Orders. Presiding Judge Henderson then refused to open the Court to set or hear [3] motions to vacate his fraudulent Orders.
If Presiding Judge Henderson had complied with his Presiding Judge Duties August 8th, 2016 in FD-2006-3306 and FD-2012-2876 the August 25th, 2016 CJ-2016-4384 case would not have been filed.
Presiding Judge Henderson’s first illegal, exparte “despotic August 24th, 2016 Order” made Special Judge McGuire a tyrant unable to be recused that is against our Democracy; our Judges are to be accountable to us [ex.21]. He implied Presiding Judge Deason agreed with his Orders when Deason’s February 29th, 2016 transcript proves he did not condone Special Judge McGuire being a tyrant [ex.22].
Presiding Judge’s last [2] illegal, exparte, erroneous February 13th, 2018 and February 16th, 2018 Order, where he literally made stuff up, refusing to set or hear Rule 15(b) issues to Presiding Judge and refused to set or hear his own Rule 15 recusal request.
Judge Henderson also blocked relief as January 2017 Chief Judge refusing his duties January 9th, 2017 [OkCoRule4;Rule6(A)(2); Rule9]; instead he condoned and colluded with both Special Judges January 9th, 2017, with that corruption directly due to his August 24th, 2016 Order allowing Special Judge McGuire free reign in her open attack trying to hijack FD-2006-3306 to her FD-2012-2876 case to block those Orders enforced, as shown in his February 6th, 2017 note [ex.23].
Although there has been no consolidation or transfers, he stated in his note that Special Judge McGuire had not be recused from both cases. First, he made that impossible with August 24th, 2016 Order. Second he knows Special Judge McGuire has not ever been assigned both cases, nor would she be over my objection; she cannot even enforce her own Orders let alone Judge Deason’s, she just wanted the case to block those Orders also. Before Judge McGuire began her retaliation April 1st, 2015, I even asked her during the 2012 divorce if she would enforce the 2010 FD-2006-3306 Orders she denied not having jurisdiction over that case, oh but now she wants it?
His note also claimed I couldn’t just ask for case transfers when I’ve properly asked per Court Rules since August 8th, 2016 to consolidate FD-2012-2786 to FD-2006-3306 per [OkCoRule9], then by [20O.S.§123;§124] objecting to Special Judge Oakes with not having been in front of her, to transfer cases to a District Judge to enforce both Case Orders for justice finally served.
In addition, I’ve asked both October Chief Judge Parrish and November Chief Judge Andrews, besides they Chief Judge powers, per [20O.S.§95.6] a Judge can agree to accept transfer of cases, but they both denied request not wanting to deal with the debacles that Judge McGuire has created.
Presiding Judge’s retaliation at me is out of extreme Pro Se prejudice. He is also retaliating due to, after I spent hours in his Felony Court Room documenting his corruption [somebody has to since he does not use court reporters], I reported his corruption to his boss Chief Justice Combs in May 18th, 2017 MA-116053 Writ, for not only violating my Constitutional Rights since August 2016, but also for [8] cases I documented of him either threatening people with jail forcing them to obtain counsel, or actually falsely imprisoning them for not having an attorney, among other corruption, that Chief Justice has done nothing about. I actually witnessed more cases, but that is all I documented.
I don’t know why he is still Presiding Judge let alone a District Judge still since Assistant Attorney General Lawson’s June 5th, 2017 response [ex.24] confirmed Presiding Judge’s reported corruption [ex.25;MA-116053Writ;p.22-28].
I’m not justifying crimes committed, and it is always best to have an attorney especially in a criminal case, but per our U.S. and OK Constitutions we plead our cases either by an attorney or Pro Se, never going to jail for not having an attorney. I’m defending anyone having their Constitutional Rights violated that affects us all; see something, say something, do something applies in our Courts also. Violating people’s Constitutional Rights forcing them to obtain counsel simply makes Judge Henderson’s job easier, which is not what we pay him for.
[28U.S.C.§1654]: [I]n all courts of the United States the parties may plead and conduct their own cases personally or by counsel. . . .
During the cases I documented, namely D.A. Collins, was present and complacent with his corruption; that is how deep our Courts corruption goes. The State will not be able to prosecute crimes with the public questioning what else is our D.A. colluding with?
Judge Henderson also retaliated due to he was applying for Supreme Court Justice position apparently deterred since he is still in District Court. I was not wrong in reporting his corruption March 21st, 2017 to Gov Fallin; the last thing “We the People” needed is an only 4 year corrupt Judge as a Justice in the Supreme Court.
Quinton Chandler, KOSU Radio, captured in his February 15th, 2018 article stating that some people don’t have an attorney and upon Judge Henderson calling their names he told people to “‘go find one,’ because they’ll need them to negotiate with prosecutors”; “I don’t talk to them about their case or get involved in their case”; “They have to do that through an attorney, and I give them multiple chances to get that done.” It is true Judge does not negotiate in cases, but he is overlooking that is a person’s Right to be Pro Se to negotiate with the D.A. themselves not forced to obtain counsel. Although with a Reporter in his Court room, Judge Henderson obviously was not throwing people in jail for not having attorney, but it still helps to have an official Reporter document his corruption [http://kosu.org/post/one-way-relieve-overcrowded-prisons-make-lock-last-resort-probation-violations].
[Public Office Oath]: “I do solemnly swear that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma . . . I further swear that I will faithfully discharge my duties as to the best of my ability”. . .
[U.S.C.5th-14thAmendments] All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. . . .nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[Okla.Const.Art.II§6]: The courts of justice of the state shall be open to every person of the state and speedy and certain remedy afforded for every wrong and for every injury to person, property, and right and justice shall be administrated without sale, denial, delay or prejudice.”
[Okla.Const.Art.II§7] “No Person shall be deprived of life, liberty, or property, without due process of law”. . .
The most egregious act I witnessed of Presiding Judge Henderson’s haunts me, as it should everyone. Again, I’m not justifying crimes committed, but in this case the punishment did not fit the crime on a blind plea [Judge decided sentencing in lieu of a Jury] of a life sentence, with no court reporter.
On January 20th, 2017 was CF-2014-5956 hearing for sentence modification [still with no court reporter] from January 22nd, 2016 sentencing where Judge Henderson gave in a blind plea a life sentence to 21 year old Sean Grisby for stealing a car, which no jury would have done. The D.A. had filed charges of mace as a dangerous and deadly weapon; it was under the threat of mace, which arguably mace is not a deadly weapon such as a knife or gun, it is nonlethal with many people buying mace for protection.
There were several letters of recommendation presented from prison officials for him being a model prisoner during the last year; our prisons are not intended to lock people up on their first offense throwing away the key, they are meant for punishment and reform which is what Sean Grisby had achieved.
Sean Grisby was not even asking to be released that day, he was asking to continue with modified sentence request, in addition offering to being on probation for the rest of his life; if he broke the law he would go back to jail for life. Presiding Judge could not admit he possibly overreacted January 22nd, 2016 refusing to modify sentence, somehow rationalizing it wasn’t really for the rest of his life.
If Sean Grisby doesn’t die in prison, he’ll be an old man before he gets out; does he have to pay for the mistake he made as a kid for the rest of his life? If Sean Grisby had a Jury Trial, or had been assigned Judge Deason [Deason’s program was to not impose set sentencing to fight prison overcrowding] he would not be spending the rest of his life in prison. My heart went out him, and to his mom losing her son for the rest of her life [MA-116793writ;appx.vol.1-D; ex.5;p.22].
OUR SUPREME COURT
It is a fact of Life what is on top trickles down. Once people are aware of our District Judge’s corruption, and our Supreme Court refusing to grant relief, and as result check “NO” on November ballets of [5] Justice’s retention of James Edmondson; Yvonne Kauger; Noma Gurich; Patrick Wyrick and Joseph Watt’s replacements [20O.S.§3], then District Judges will be promoted into our Supreme Courts, along with corruption, so it is imperative the corruption is addressed in our District Courts now by this year’s elections having new Judges.
It is fruitless to seeking relief from the Supreme Court. I’ve been reporting corruption and asking relief from the Supreme Court for Special Judge McGuire’s, Judge Timmons’, Judge Truong’s, Judge Elliot’s corruption since March 28th, 2016 Writ MA-11487; Presiding Judge Henderson’s corruption since November 28th, 2016 Writ MA-11556; Presiding Judge Henderson’s, Special Judge McGuire’s and Special Judge Oaks’ corruption since May 18th, 2017 MA-116053; my 4th Writ February 23rd, 2018 MA-116793 was just denied again to accept original jurisdiction on Presiding Judge Henderson’s continued corruption, just as were my other (3) Writs denied to accept original jurisdiction.
The Supreme Court already has original jurisdiction; monthly bar journals show denying accepting original jurisdiction is common ruling. Eric Mitts at COJC stated that is the Supreme Courts way of not having to deal with the corruption in our District Courts.
[OkConstArt7§4]: [T]he original jurisdiction of the Supreme Court shall extend to a general superintendent control over all inferior courts. . The Supreme Court. . shall have power to issue, hear and determine writs of. . Mandamus. . .and such other remedial writs as may be provided by law and may exercise such other and further jurisdiction as may be conferred by statute. [T]he original jurisdiction of the Supreme Court. . .shall be invoked in the manner provided by law.
Also, Per [74O.S.§20f(A)] the Chief Justice can Order the Attorney General to represent Presiding Judge; per CJC our Judges are not to commit acts needing representation. Besides his corruption, per [74O.S.§20f(B)] Presiding Judge Henderson is not entitled to the tax payers paying for his representation in failing to perform statutory required duties [20O.S.§Rule1;§Rule2;§Rule10] [12O.S.§Rule15(b)], and denying his own recusal requests January 31, 2017, February 15th, 2018 and February 16th, 2018 [12O.S.§Rule15].
[74O.S.§20f] A. In the event an action is brought against an employee . . an elected or appointed state officer. . In any civil action or special proceeding in the courts of this state, or of the United States, by reason of any act done or omitted in good faith in the course of his employment, it is the duty of the Attorney General or staff attorney of such person’s agency where the agency is authorized by law to be represented in court by a member of its own permanent legal staff, when requested in writing by such employee, to appear and defend the action or proceeding in his behalf.
B The Attorney General or a designated legal officer shall not represent a state employee if that employee did not perform a statutory required duty and such duty is a basis of the civil action or special proceeding.
E. The employee named in the action may employ private counsel at his own expense to assist in his defense.
F. Any officer or employee who acts outside of the scope of his official authority shall be liable in damages in the same manner as any private citizen.
G. When an original action seeking either a writ of mandamus or prohibition against a district judge, associate district judge, or special judge of the district court is commenced, the Attorney General shall represent such judicial officer if, and only if, directed to do so, in writing, by the Chief Justice of the Oklahoma Supreme Court, upon the Chief Justice’s finding that such representation is necessary to protect either the function or integrity of the judiciary. Such finding by the Chief Justice shall be final and binding.
I’ve also filed multiple complaints with Council on Judicial Complaints [COJC] since July 2017. They issue letters they are “limited by the Statutes” to not investigate Presiding Judge Henderson when they were created by Statutes to investigate Judge’s CJC violations [ex.26;27;28;29;30] [20O.S§1651; §1651.1; §1652; §1653; §1654; §1655; §1656; §1657; §1658; §1659; §1660; §1661; §1662; §1663; Chap 22§Rule 376:1-1-1/1-1-16/10-1-1/10-1-14].
Even though the CJC is mandatory, there is no one to enforce the Rules. I thought the COJC was the checks and balances to keep our Judges in line. It was disheartening to learn there are only [3] council members; Cathy Christensen and Glenn Huff, who are also [2] attorneys who litigate in our Judge’s Courts being an extreme conflict; they are not going to investigate the Judges they are in Court with or it would prevent them from winning their cases. Also a member is Stillwater banker Jerry Franklin, I’m not for certain his function.
REMOVING JUDGES FROM THE BENCH WHO REFUSE TO RECUSE
My FD-2006-3306 and FD-2012-2876 divorce cases to Carl Doyle, and CJ-2016-4384 case where my home is in foreclosure due to Carl Doyle has been allowed to not pay Orders.
In ascending Order the Judges involved are: Judge Deason, Special Judge McGuire, Judge Timmons, Judge Truong, Judge Elliott, Presiding Judge Henderson, Special Judge Oakes [has never heard case],Judge Parrish and Judge Andrews.
Judge Deason died July 31st, 2016; he made errors of law and abuse of discretion, but he was not corrupt. He certainly would not be allowing Judge Henderson to refuse to open the Court to me, especially since his 2010 Orders are not being enforced.
Judge Parrish had my CJ-2016-4384 case until she recused November 14th, 2017 after reading the other Judges corruption, she is the best Judge we have that we must protect. Although I just learned she is retiring [MA-116793writ; appx.vol.5].
Judge Andrews has many qualities of Judge Parrish, although he allows his staff to abuse his Judicial Authority, we do not pay clerks to make Judicial decisions. He is unable to recuse, unable to see he is prejudice after having to reprimand his staff [MA-116793writ;appx.vol.6; 6-A].
Judge Truong is Judge McGuire’s buddy. As 2015 October Chief Judge denied Special Judge McGuire’s October 28th, 2015 Rule 15(b) recusal request in the hall without any motions in front of her (twice). Then colluded September 2015 to move FD-2006-3306 to her docket to freeze the 2010 Orders from being enforced. That was after Special Judge McGuire influenced Judge Timmons from April-September 2015 to not enforce the FD-2006-3306 Orders. November 29th, 2016 the court administrator moved FD-2006-3306 to the correct docket of Special Judge Oakes, who then allowed Special Judge McGuire to try and hijack the case to her Court January 9th, 2017 that Presiding Judge Henderson condoned and colluded with [MA-116793writ;appx.vol.4-A].
Not only does Judge Truong have a reputation of dating attorneys, Judges are to conduct themselves morally in their private lives. I also saw Judge Truong in Judge Henderson’s court [7] times, that was not Court business, flirting and smiling at him like she was his wife, instead of being in her Court Room working like we pay her to do.
Also, in the 3rd week of March 2016, before I filed my March 28th, 2016 Writ, Judge Elliot made me wait 45 minutes out in the hall, when I was trying to get him to sign an Order for my Writ, after he did all he could to block hearing McGuire’s Rule 15(b) he eventually denied without giving me a chance to be fully heard March 18th, 2016. Anyway, I was forced to overhear Judge Truong having a conversation with Judge Elliott counting their retirement benefits. How about Judge Truong and Judge Elliott do you jobs first until you retire, then we’ll talk about paying you for the rest of your life?
Also prior to that conversation, Judge Elliott had a conversation with the DA telling him how to prosecute a defendant in a Robbery gone wrong in a case he was presiding in that week! Telling him to not tell the Jury that a twin has the same DNA putting doubt in their minds with a cigarette butt as evidence and to put the profile pictures on the same page and some other stuff that I just could not believe he was doing and talking openly about.
I’m also pretty certain just from meeting him whoever has criminal charges landing in his Court goes to jail whether they are guilty or not.
I was just told 3-29-18 that last week during a trial Truong was having she arrested a Juror for being 6 minutes late back from Lunch! That does not go along with our civil duty to be Jurors does it?
Judge Henderson, Elliott, Timmons and Truong are corrupt; we must remove them from the honor of being our Judges. [MA-116793writ;appx.vol.1;1-A;1-B;1-C;1-D; MA-116053writ; MA-11556writ; MA-11487writ].
The only benefit to Special Judges being court personnel, as opposed to District Judges, is they can be terminated by Petitioning Chief Justice. I’m leading the Petition to terminate Special Judge McGuire, who does not even reside in OK CO, yet we pay her to do her job as an Honorable Judge in our Courts. Special Judge McGuire refuses to do her job destroying our OK CO families; all parents having suffered Special Judge McGuire’s corruption each have their own horror stories, heartbreak and damage done to their children.
It is not a crime to ask our Judges to be accountable to us, yet that is how is treated if you request recusal. Per multiple Authorities of Statutes, Case Law and Code of Judicial Conduct state our Judges are to recuse sua sponte [on their own without motion filed] for even the appearance of impropriety. Only Judge Parrish has been able to comply with Authorities recusing herself, having ability to correct her mistakes, which is rare with our Judges.
[28 U.S.C. §455(a)] Courts have repeatedly held that positive proof of the positive partiality is not a requirement for recusal, only the appearance of partiality. A person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial.
[Taylor v. O’Grady, 888F.2d1189(7th Cir.1989)]“Section 455(a) requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned. Also, is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte.”
[Pfizer Inc. v. Lord, 456F.2d532(8th Cir.1972)] The Court stated that “It is important that the litigant not only actually receive justice, but that he believes that he has received justice.”
MY LITIGATION SPANNING OVER 10 YEARS
I’ve battled for 5+ years, in FD-2006-3306 and FD-2012-2876, trying to enforce Orders being granted everything I needed for a wonderful life; instead my life has been destroyed unable to enforce Orders.
In our FD-2012-2876 divorce Special Judge McGuire ruled December 19th, 2012 to put my son with me April 24th, 2013, after a PhD performed an alienation evaluation, to be able to share life with my son preventing his Father from alienating him, as he did in our first divorce when I lost my son to 2006-2010 alienation, which finally ended with April 21st, 2010 joint custody in FD-2003-3306. Why did I reconcile with the man who ripped my son and me apart? Besides I know how stupid that looks, regardless of joint custody, my son was still alienated with only his Father reversing the damage he had caused requiring his daily presence; shamefully he began alienation again upon leaving the marriage again.
Due to Special Judge McGuire failed to enforce her Orders for the evaluation and counseling I’ve lost my son for a 2nd time to 2012 alienation. A parent can only imagine their worst fear of unimaginable heartbreak, hurting to just breathe, in suffering the mortal wound of losing their child; along with helplessly watching your child being detrimentally harmed by their other parent in the worse child form of child abuse there is of parental alienation; my son deserves both of his parents in his life.
Special Judge McGuire also Ordered November 8th, 2012 and June 10th, 2014 my $175,000.00 home and $35,000.00 vehicle are to be paid for with no ending date; yet my home is in CJ-2016-4384 foreclosure and my vehicle in repossession all due to Special Judge McGuire’s retaliation refusing to enforce her Orders. I also have in our FD-2006-3306 Divorce case April 21st, 2010 Orders for $525.00 per week support for 9 years [ex.1;2];[MA-116793writ;appx.vol.3;3-A].
Orders are worthless unenforced. For 5+ years I have been destitute, only having disability to sustain life necessities, unable to enforce $4,100.00 per month in Orders and owed well over 1/2 million in arrears in both cases.
Special Judge McGuire retaliated for recusal requests in committing [8] 2015-2017 post divorce Judicial Violations April 1st, 2015; October 2nd, 2015; November 9th, 2015; March 11th, 2016; June 10th, 2016 in her own Court and then January 9th 2917 in FD-2006-3306 to block Judge Deason’s April 21st, 2010 Orders enforced [MA-116793writ;appx.vol.4].
Those violations do not even include all she did during the divorce. Transcripts prove Special Judge McGuire’s Judicial Usurpation, Fraud upon the Court, gross neglect of duty, prejudice, bias, partiality, malfeasance, moral turpitude, corruption and retaliation refusing to enforce all 2012-2014 Orders in 5 years [including discovery], except [1] 2014 assignment; Illegally removing [$42,969.82] 2012 Temporary Orders April 1st, 2015; thwarting contempt proceedings April 1st, 2015 and November 9th, 2015 and allowing Carl Doyle to refuse to pay Orders for 62 months now.
Special Judge McGuire is so corrupt she believes she can commit misdemeanors [12O.S.§38] and felonies [21O.S.§461;§463.§464] while on the bench by removing (2) April 6th, 2015 Orders from the Record, replacing them with (2) altered Orders backdated to April 6th, 2015, that have to do with her April 1st, 2015 violation illegally removing $42,939.82 Order from case my attorney allowed her to do after being coerced in 1:11 chamber meeting to not say one word in defense of.
The record reflects in my March 1st, 2016 recusal request I made Special Judge McGuire aware that on April 6th, 2015, my attorney Beau Williams, had gone around Judge having the Clerk Stamp [2] April 6th, 2015 Orders. Beau Williams did not want Judge McGuire to know I had fired her after her betrayal and with just having colluded with the Judge. I just didn’t tell Judge I had made certified copies of the [2] Orders [the only proof the original Orders ever existed in my case with now being removed] due to at the time the only crime was my attorney had committed forgery placing my signature in [1] Order for withdraw taking my signature from never filed motion to withdraw. I had no idea at the time Judge McGuire was going to commit crimes I was going to later catch her at.
The Orders were not valid without Special Judge McGuire’s signature [12O.S.§696.2; §696.3]. If Judge McGuire had just signed new Orders the Orders would then have a different date leaving the door open for me to appeal, since the attorney I hired, Bret Glenn, to repair corruption did not do that.
So sometime between March 1st, 2016 [the last time I know the original Orders were on the record] and November 2016 [when I noticed the Orders were Judge Signed], Judge McGuire had to have retrieved copies of the (2) original Orders, before the Clerk had stamped them, from either my attorney Beau Williams or Carl Doyle’s attorney Chris Reser, then removed the [2] original Orders from the record and replaced them with [2] falsified back dated April 6th, 2015 Orders.
The [2] falsified Orders are exact mirror images of the [2] Original Orders being impossible to exist at the same time, with same fax info between attorneys, same hand written corrections, same hand written page numbers, but now the Orders are altered on page 2 with Judge’s signature on them instead of Judge stamped.
The “smoking gun” is Judge McGuire hand wrote the exact same phrasing that my attorney had written only one [1] Order. The only way Judge could have known what was written was to have seen it after it was filed; if Judge would have seen the Order before it was filed, Judge would have just signed it then. Also the filing stamps are not exactly in the same place, but they are close enough to show Judge McGuire was trying to put them in exact spot [MA-116793writ;appx.vol.4-A].
My cases are proof of the rampant injustice occurring in our Courts. Until our Courts are repaired, people are better off renting a P.O. Box in a different County, waiting 6 months, getting a divorce there, otherwise the duress, destitution, devastation and heartbreak will occur to them also. Not only by being under financial duress, but also emotional heartbreak of losing my son twice to alienation, has taken its toll on my health. My stomach is swollen from liver failure, I even lost my teeth, and I look 10 years older. Pictures show I didn’t look 4 years ago as I do now showing the toll of duress suffered in our Family Courts with yet another reason to repair our courts [ex.3;4].
MY ONLY REMEDY IS TO PEACEFULLY PROTESTING OUR COURTS
Does this explain why I’m forced to take drastic measures of protesting and pleading with our Citizens for help to repair the corruption in our Courts alternating either being in front of the Courthouse, or at Lincoln and 18th, with signs I’ve prepared concerning these matters and to keep people informed on here?
Although, so far the frames have been created. I’ve personally been busy filing the last Writ and have not had time to upload any documents yet, the information to the public will be provided soon and maintained as a service to fellow OK CO citizens, including more case law and Authorities so people can understand what our laws say.
Help me say “Times Up” stopping corruption in our Courts. Kathy Doyle. My contact info is kathydoyle8@gmail.com; 405-323-1188.
AUTHORITIES CODE OF JUDICIAL CONDUCT
[5O.S.§Preamble] [1] fair and impartial judiciary is indispensable to our system of justice . . .judges. . .must respect and honor the judicial office as a public trust . . .confidence in legal system. [p]roper guide and reminder for judges . . . people have a right to expect from them.
[5O.S.§Scope] [2] Canons . . . ethics judges must observe . . . mandatory standards judges . . . will be held. [6] Rules are binding and enforceable.
[5O.S.§Canon1] [F]ailure to observe standards of honesty or modesty; improper behavior or character; failure on the part of a public authority to act in accordance with the requirements of procedural fairness.
[5O.S.§Rule1.1] A judge shall comply with the law, including Code of Judicial Conduct.
[5O.S.§Rule1.2] A judge shall act at all times in manner promotes . . . integrity, and impartiality of the judiciary, and avoids impropriety and the appearance of impropriety. [1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. [3] Conduct that compromises or appears to compromise the independence, integrity, and impartiality of a judge undermines public confidence in the judiciary. [5] The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception the judge violated this Code that reflects adversely on the judge’s honesty impartiality temperament, or fitness to serve as a judge.
[5O.S.§Canon2] Judge Shall Perform duties of Judicial Office Impartially, Competently, and Diligently.
[5O.S.§Rule2.2] A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.
[5O.S.§Rule 2.3] (A) A judge shall perform the duties of judicial office . . . without bias or prejudice. (B) A judge shall not . . by words or conduct manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment and shall not permit court staff . . . subject to the judge’s direction and control to do so. [1] A judge who manifests bias or prejudice in a proceeding impairs the fairness of the proceeding and brings the judiciary into disrepute. [2] Examples of manifestations of bias or prejudice . . . threatening, intimidating, or hostile acts . . . even facial expressions and body language can convey to parties . . . an appearance of bias or prejudice. A judge must avoid conduct that may reasonably be perceived as hostility or aversion toward a person. [3] Harassment, as referred to in paragraphs (B) and (C), is verbal or physical conduct that denigrates or shows hostility or aversion toward a person . . .
[5O.S§Rule2.5] (A) Judge shall perform judicial and administrative duties competently and diligently. [4] [J]udge must demonstrate due regard for the rights of parties to be heard resolved. . . . [5O.S.§Rule2.6] (A) A judge shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law. [1] The right to be heard is an essential component of a fair and impartial system of justice. Substantive rights of litigants can be protected only if procedures protecting the right to be heard are observed.
[5O.S.§Rule2.7] A Judge shall hear and decide matters assigned to the judge, except when disqualification is required by Rule 2.11 or other law. Administrative reassignment for the purpose of judicial efficiency is not prohibited.
[5O.S.§Rule2.8] (A) A judge shall require order and decorum in proceedings before the court. (B) A judge shall be patient, dignified, and courteous to litigants . . .whom the judge deals in an official capacity; and shall require similar conduct. . . court staff . . subject to the judge’s direction and control.
[5O.S.§Rule 2.9] (A) A judge shall not initiate, permit, or consider ex parte communications . . . .
[5O.S.§Rule2.11] (A) A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned. (1) [t]he judge has a personal bias or prejudice concerning a party . . . .[1] [J]udge is disqualified whenever the judge’s impartiality might reasonably be questioned; regardless of provisions of paragraphs (A) (1) through (6) apply. [2] A judge’s obligation not to hear or decide matters in which disqualification is required applies regardless of whether a motion to disqualify is filed. [3] the rule of necessity may override the rule of disqualification. . . .or might be the only judge available in a matter requiring immediate action. [5] A judge should disclose on the record information that the judge believes the parties or their lawyers might reasonably consider relevant to a possible motion for disqualification, even if the judge believes there is no basis for disqualification.
[5O.S.§Rule2.12] (A) A judge shall require court staff . . . subject to the judge’s direction and control to act in a manner consistent with the judge’s obligations under this Code.
[5O.S.§Rule2.15] (A) A judge having knowledge that another judge has committed a violation of this Code that raises a substantial question regarding the judge’s honesty, trustworthiness, or fitness as a judge in other respects shall inform the appropriate authority. (C) A judge who receives information indicating a substantial likelihood that another judge has committed a violation of this Code shall take appropriate action. [1] Taking action to address known misconduct is a judge’s obligation. Paragraphs (A) and (B) impose an obligation on the judge to report to the appropriate disciplinary authority the known misconduct of another judge . . .that raises a substantial question regarding the honesty, trustworthiness, or fitness of that judge or lawyer. Ignoring or denying known misconduct among one’s judicial colleagues undermines a judge’s responsibility to participate in efforts to ensure public respect for the justice system. [2] A judge who does not have actual knowledge that another judge. . .may have committed misconduct, but receives information indicating a substantial likelihood of such misconduct, is required to take appropriate action . .
[5O.S.§Rule2.16] (B) A judge shall not retaliate, directly or indirectly, against a person known or suspected to have assisted or cooperated with an investigation of a judge or a lawyer.
[20O.S.§1404] A. the term “judicial officer” includes the judges B. In addition to the causes specified in Article VII-A, Section 1 of the Oklahoma Constitution, the acts and omissions enumerated below shall constitute grounds for the removal by the Court on the Judiciary of a judicial officer from his office. 2. Continued willful failure of a judicial officer to comply with rules and directives of the Supreme Court, the presiding judge of his administrative district. C Violation by a judicial officer of the Code of Judicial Conduct as adopted by the Supreme Court of Oklahoma on July 15, 1974, or as may be thereafter amended, may constitute grounds for the removal by the court on the judiciary of a judicial officer from office . .
[OkConstVII-A§1] Removal of judges from office (a) In addition to other methods and causes prescribed by the Constitution and laws, the judges of any court, exercising judicial power under the provisions of Article VII, or under any other provision, of the Constitution of Oklahoma, shall be subject to removal from office, or to compulsory retirement from office, for causes herein specified, by proceedings in the Court on the Judiciary. (b) Cause for removal from office shall be: Gross neglect of duty; corruption in office; habitual drunkenness; commission while in office of any offense involving moral turpitude; gross partiality in office; oppression in office; or other grounds as may be specified hereafter by the legislature.
SPECIAL JUDGES AND DISTRICT JUDGES
[20O.S.§Rule1] D Subject only to the rules, orders, and directives of the Supreme Court or the Chief Justice of the Supreme Court, Presiding Judge shall have general administrative authority and supervision over all the district courts (1) The assignment of pending cases to the judges; (2) The work of the courts; (3) The operation of all courts in the judicial administrative district to assure adherence to statewide court objectives and policies; (4) Such other duties assigned by the Chief Justice. E. The Presiding Judge may: (1) Counsel and assist other judges in the performance of their administrative responsibilities; (2) Coordinate and determine the assignment of district court personnel required to be present to perform the necessary work of the courts (4)Perform such other duties and enter such orders necessary to carry out purposes of rules.
[20O.S.§Rule2] A. . .district court personnel means . . . special judges. B. Subject only to the rules, orders, and directives of the Supreme Court, the Chief Justice, or the Presiding Judge. . .shall be responsible for the supervision of all district court personnel . . .C.[T]he Presiding Judge shall have general administrative authority and supervision. . .all district court personnel . . .(1) The Presiding Judge is authorized to direct the assignment, duties, and performance of district court personnel . . .to make such other administrative directives as the Presiding Judge deems appropriate for effective and efficient management of the district court personnel. . . .(3) The Presiding Judge shall be responsible for implementing and enforcing the administrative orders and directives of the Chief Justice and may issue such orders and directives necessary to assure adherence to statewide court objectives and policies. D. The Chief Justice is authorized to issue such directives and orders as are necessary to exercise administrative and supervisory control over all district court personnel. The Chief Justice is authorized to appoint and fix the duties and compensation of such district court personnel . . . to assign and direct the work of such district court personnel in performing the functions and accomplishing the purposes of the district courts. E. The Chief Justice is authorized to issue such directives and orders as are necessary to manage the assignment, duties, and performance of district court personnel; to establish . . .personnel policies applicable to district court personnel; to suspend, furlough or terminate individual district court personnel; and to make such other administrative directives as the Chief Justice deems appropriate for effective and efficient management of the district courts.
[20O.S§Rule10] The district judges promptly shall report to the Presiding Judge any instance of noncompliance with their rules, orders, or directives either by associate district judges, special judges, or district court personnel serving within the district court judicial district. It shall be the duty of the Presiding Judge to resolve issues concerning the supervision or assignment of district court personnel . The Presiding Judge shall act in conformity with applicable statutes, rules, orders, and directives and shall make such decisions as are necessary for effective and efficient management of the district courts. If any administrative issue cannot be resolved by the Presiding Judge, it is the duty of the Presiding Judge to inform Chief Justice.
[20O.S.§92.1A] 1. A judge of the district court shall receive an annual salary of One Hundred Two Thousand Five Hundred Twenty-nine Dollars ($102,529.00); 2. An associate district judge shall receive an annual salary of Ninety-four Thousand Eight Hundred Thirty-nine Dollars ($94,839.00); and 3. A special judge shall receive an annual salary of Eighty-seven Thousand One Hundred Fifty Dollars ($87,150.00).
[20O.S.§92.8a] Beginning January 11, 1999, District Court Judicial District No. 7 shall have fifteen (15) district judges. Candidates for office 7 shall be nominated and elected at large. (can be legal residence of all 4 Divisions )
[20 O.S.§122] The number of special judges that may be appointed in each judicial administrative district shall be determined as follows: 1. A special judge shall be appointed on the basis of one special judge for each county within the administrative district with a population of at least twenty-four thousand (24,000), as determined by the 1960 Federal Decennial Census. An additional special judge shall be appointed for each additional fifty thousand (50,000) in population in a county within the administrative district . . . 2. In addition to the special judges that may be appointed pursuant to the provisions of paragraph 1 of this section, there shall be: b. one (1) special judge appointed in the Oklahoma-Canadian Counties Judicial Administrative District comprised of District Court Judicial District Number Seven (7); 4. The Chief Justice of the Supreme Court may authorize the appointment of such additional special judges as may be necessary for the proper Administration of justice. Such additional special judges shall be appointed after application by a majority of the district judges of a judicial administrative district, stating the reason why an additional special judge is needed. Such additional judges need not be based upon population.
[20O.S.§123] 9. Any matter, regardless of value, at any stage, whether intermediate or final, and whether or not title to property, real, personal, tangible, intangible, or any combination thereof, is to be determined, in a probate, divorce, domestic relations, custody, support, guardianship, conservatorship, mental health, juvenile, adoption, or determination of death proceeding, except that non lawyer special judges may not hear such matters; 11. Other actions and proceedings, regardless of court rules, where the parties agree in writing, at any time before trial, to the action being heard by a special judge;
[20O.S.§124] All objections to the determination of an action by a special judge are waived unless made before the trial or hearing begins. No order or judgment is void or subject to collateral attack merely because it was rendered by a special judge.
LOCAL COURT RULES
[OkCoRule4] D. The Chief Judge shall handle the following matters: 1. Transfers of cases to and from the civil dockets assigned to District or Associate District Judges and the felony dockets 2. Motions for recusal of assigned judge.
[OkCoRule6(A)(2)]: 2. If, after a case has been assigned, the assigned judge becomes disqualified or unable to hear it, it shall be transferred to the Chief Judge for random reassignment. In order to maintain a fair balance in case assignments and workload among judges, upon recusal or disqualification of the assigned judge and the resulting reassignment of a case, the transferee judge may select a comparable case docket to be reassigned by the Chief Judge to the transferor judge
[OkCoRule9] Whenever two or more cases Involving identical issues and involving one or more parties common to all cases are pending, the judge of the division to which the lowest numbered case is assigned may consolidate and reassign all such cases to that assigned judge. Cases will be consolidated to the lowest case number. A copy of the order of consolidation shall be filed in each case affected by the consolidation
[OkCoRule11A] The deputy court clerk . . . furnish and keep a motion docket . . . The party or counsel presenting the motion shall obtain a hearing date from the assigned judge’s clerk. The clerk shall enter it upon the motion docket of the assigned judge, not less than 23 days from the date the motion is presented for setting. The Court may set a motion specially. CRIMES
[12O.S.§38C] Any person who uses the seal of the court clerk with the intent to deceive or mislead any person as to the authenticity of the seal, a certification required by subsection B of this section, or the thing to which the seal is applied shall be guilty of a misdemeanor.
[21O.S.§463] Any person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed or registered or recorded under any law of this state or of the United States, shall be guilty of felony.
[21O.S.§461] Any clerk, register or other officer having the custody of any record, maps or book, or of any paper or proceeding of any court of justice, filed or deposited in any public office, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying or unlawfully removing or secreting such record, map, book, paper or proceeding, or who permits any other person so to do, shall be guilty of a felony punishable by imprisonment in the State Penitentiary not exceeding five (5) years, and in addition thereto, such person shall forfeit office.
[21O.S.§464]Any person who shall knowingly sign, subscribe or forge the name of any other person, without the consent of such other person, to any petition, application, remonstrance, or other instrument of writing, authorized by law to be filed in or with any court, board or officer, with intent to deceive or mislead such court, board or officer, shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00), or imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
JUDGE DISQUALIFICATIONS
[20O.S.§1401] A. No judge of any court shall sit in any cause . . .in which he may be interested, or in the result of which he may be interested . . .or called in question the validity of any judgment or proceeding in which. . .interested, or the validity of any instrument. . . without the consent of the parties . . .
[12O.S.§Rule15] a. Before filing any motion to disqualify a judge, an in camera request shall first be made to the judge to disqualify or to transfer the cause to another judge. If such request is not satisfactorily resolved, not less than ten (10) days before the case is set for trial a motion to disqualify a judge or to transfer a cause to another judge may be filed and a copy delivered to the judge. b. Any interested party who deems himself aggrieved by the refusal of a judge to grant a motion to disqualify or transfer a cause to another judge may re-present his motion to the Chief Judge of the county in which the cause is pending or, if the disqualification of a Chief Judge is sought, to the Presiding Judge of the administrative district by filing in the case within five (5) days from the date of said refusal a written request for re-hearing. A copy of the request shall be mailed or delivered to the Chief Judge or Presiding Judge, to the adverse party and to the judge who entered the original order. If the hearing before the second judge results in an order adverse to the movant, he shall be granted not more than five (5) days to institute a proceeding in the Supreme Court or the Court of Criminal Appeals for a writ of mandamus. Neither the Supreme Court nor the Court of Criminal Appeals will entertain an original proceeding to disqualify a judge or to direct a judge to transfer a cause to another judge unless it is shown that the relief sought was previously denied by the judge to whom the matter was re-presented in accordance with this rule. An order favorable to the moving party may not be reviewed by appeal or other method. c. An original proceeding in mandamus to disqualify a judge in a civil action or proceeding shall be brought in the Supreme Court; an original proceeding in mandamus to disqualify a judge in a criminal case or proceeding shall be brought in the Court of Criminal Appeals. If mandamus is not brought in the appellate court designated as proper by this rule, the case will be transferred to the proper court either on motion or sua sponte. Art. VII, § 4 Okla. Const.
In 1994, the U.S. Supreme Court held that “Disqualification is required if an objective observer would entertain reasonable questions about the judge’s impartiality. If a judge’s attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.” [Emphasis added]. Liteky v. U.S.,114 S.Ct. 1147, 1162 (1994). Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) “is directed against the appearance of partiality, whether or not the judge is actually biased.”) (“Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.”). That Court also stated that Section 455(a) “requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned.” Taylor v. O’Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that “It is important that the litigant not only actually receive justice, but that he believes that he has received justice.” “Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under stated circumstances.” Taylor v. O’Grady, 888 F.2d 1189 (7th Cir. 1989). Further, the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals further stated that “We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed.” Balistrieri, at 1202. Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his “appearance of partiality” which further disqualifies the judge. Should another judge not accept the disqualification of the judge, then the second judge has evidenced an “appearance of partiality” and has disqualified himself/herself. None of the orders issued any judge who has been disqualified by law are valid, they are void as a matter of law, and are of no legal force or effect. Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) (“The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause”). Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his/her property, then the judge may have been engaged in the Federal Crime of “interference with interstate commerce”. The judge has acted in the judge’s personal capacity and not in the judge’s judicial capacity. Should the court not follow the law as to non-represented litigants, then the judge has expressed an “appearance of partiality” and, under the law, has disqualified him/herself.
[Bulloch v. United States, 763 F.2d 1115, 1121(10thCir.1985)] “Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. … It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function — thus where the impartial functions of the court have been directly corrupted.”
[United States v. Indoor Cultivation Equip 55F.3d1311,1317,7th Cir.1995)]. “If a judgment is void, it is a per se abuse of discretion for a district court to deny a movant’s motion to vacate the judgment.” “A judgment is void and should be vacated if the court that rendered the judgment acted in a manner inconsistent with due process of law.”
[Thomas Stasel v. The American Home Security Corp.362Ill.350;199N.E.798(1935)] Under Federal law, when any officer of the court has committed “fraud upon the court, “the orders and judgment of that court are void, of no legal force or effect”. “Fraud upon the court” makes void the orders and judgments of that court. It is also clear that any attempt to commit “fraud upon the court” vitiates the entire proceeding.”
OK County Legal Misconduct 