PROPER DESIGNATION OF THE ENTIRE RECORD (in part)
You be the Judge
Would this incident be appropriate? During a trial recess the trustees’ attorney walked up to the bench and began a general conversation with the law clerk, Alice Dukes, saying…….did she hear what my expert Paul Hood testified, “it’s his experience most judges don’t know much about trust law.” Ms. Duke replied, “Yes I know, the judge is not going to like that.” These case comments were made in the courtroom where they could be overheard by others seated in the area.
Would this incident be appropriate? Years later during two later hearings, the earlier case seated, and now retired Judge, Gerald Schiff, was in attendance. In the presence of individuals in the courtroom, he walked back to the area my attorney and I were seated, leaned over and shook my then attorney Pam Magee’s hand, making conversation with her while smiling at me. We were both taken aback by his attendance at the hearing, and his approach, since my attorney practices in a different jurisdiction and had no previous personal acquaintance with this judge. Was there a message?
(Please also see Societies Laws drop down, Judges Conduct – Judicial Code of Conduct)
Canon 2: A Judge Shall Avoid Impropriety and the Appearance of Impropriety in All Activities
The following appears to be the required oath of bankruptcy judges cited at(http://www.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00000453)
TITLE 28 PART I CHAPTER 21 § 453 – Oaths of justices and judges
Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, XXX XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as XXX under the Constitution and laws of the United States. So help me God.
You be the Judge – whether oath requirements of “Equal Rights – Impartiality – Administering Justice were violated.
Through out the process of character degradation the trustees attorneys and court also found that I was a person without experience. You be the Judge. I was successful and I certainly understood about grace, dignity and honesty under fire. What I can share is that it took every bit of courage to step forward alone (departing my career obligations and revenue) to deal with the gravest of legal circumstances that is depicted in Breached Justice and on a six year contingency basis. I knew what to expect as I had firsthand knowledge of my fathers life long indiscretions, my families history of dysfunction and I certainly had the one prior experience of dealing with attorney Jeffrey Ackermann in the Omnicraft case. However, what did take me aback in complete surprise was the Court actions. You be the Judge.
MY DESIGNATION OF RECORD
Were my civil rights to a fair trial denied when I was not allowed to testify about my two (2)four (4) inch bench books of exhibits (more than 66 tabs of many exhibits of material facts) – the only testimony that would be heard on my evidence? Was the Court biased and prejudiced when it issued me an ultimatum (if I revoked the dation attorneys executed in my behalf – the court might not charge me for the trust expenses $162,214.96) midway of trial and prior to hearing any of my defense? So how would one defend themselves if not allowed to testify on material evidence? Isn’t a trial your “one chance” to do that?
I emailed my attorney a draft I was considering of an Amicus Curia brief discussing the prejudgment circumstances that occurred in my case. I inquired whether I should meet with authorities and seek counsel to file the Amicus Curia brief in my behalf then. The legal advise from several sources was that I had no recourse but to wait until the case’s conclusion to raise my issues of wrongful acts, civil rights violations or criminal violations.
Rule 10 – Designation of the Record on Appeal and Title 11, Rule 8006 – Record and Issues on Appeal reads in part:
If you have received an unfavorable verdict then, “Within fourteen days after filing the notice of appeal as provided by Rule 8001 (a), entry of an order granting leave to appeal, the appellant shall file with the clerk and serve the appellee a designation of items to be included in the record on appeal.
My attorney filed the proper notice designating that the entire scope of evidence be included in the record on appeal to the District Court of Appeal. We were specific to include the “entire record.” Had I not become involved in my case, I likely would not ever have unlocked the secret that my bench book exhibits were not properly forwarded onto the appellate Court on appeal.
It was not until the second appeal process, to the 5th Circuit Court of Appeals, that I became aware of the fact that the trial court never forwarded the “entire” record; that which included every single page of material evidence, especially my bench books. I had to notify the 5th Circuit of my circumstances and was granted an extension of time in which to remedy the record and provide the missing evidence.
My Bench Book Exhibits were entered into evidence without contest, but I was later told by the trial court that the exhibits were never scanned into the pacer records, as it was considered too cumbersome. It is hard to believe that is acceptable or proper protocol, as every other document from the start of this litigation was scanned into pacer.
The court clerk advised that I would have to pay to have my evidence (see notify the 5th Circuit), that should have been scanned into the record, forwarded to Shreveport for dat stamping. I paid what I believed were unfair costs and the clerk forwarded my record to Shreveport for processing so that my evidence could then be submitted to the 5th Circuit on Appeal.
Still today, my bench book exhibits are hidden, tucked away from sight and not a part of the pacer electronic record.
The actual bench books were in the record and were copied and forwarded to the Shreveport division for the certification required to supplement my record of evidence to the 5th Circuit Court of Appeal. This is significant since every “other” document, thousands of pages, were scanned into my case pacer record. Another significant issue the clerk charged me for all the copies without any reason why the exhibits were not available in pacer. As I recall $1,400 which was a financial hardship of discouragement.
My bench book exhibits were properly supplemented to the 5th Circuit Court of Appeal and thereafter these exhibits were submitted into record again and again in the continuing cases as I began to represent myself in pro se seeking a redress of injustice.
What do you think as you read my story, did the uncontested bench book evidence conflict with the court’s post trial reasons as I provided established material facts herein my case.
What do you believe if my evidence was never before the appeal District Court was the appeal process null and void? What do you believe is the reason my exhibits are still hidden behind the record?
You be the Judge.
It was devastating to find out that my record was not available to the District Court. I did not realize the full ramification at the time since the court saw fit, during my trial not to allow me to testify on the bench book evidence, the only testimony that would be heard on my bench books and since opposing counsel thought the books would just be entered into evidence without contest and “we would worry about that later.”
The trial court copied my evidence, charging me for the copies, then forwarded the record to the Shreveport division responsible for processing my supplemental evidence to the 5th Circuit Court.
Who would worry about the evidence later? Was this not my one opportunity to have a fair trial? Was I not entitled to have my evidence heard? And why would a Judicial Officer of the Court – whose salary is paid in part by taxpayer dollars- who is sworn to uphold the Constitution –deny me the opportunity to testify on evidence that was crucial to my defense?
Did the Court have any right, according to law or the oath taken to serve the people, to form any bias opinion that unfolded in the courts denial of my “defense” testimony? Did the Court have any right to omit my evidence on appeal?
What I finally understood – 16 months later when the court finally provided its Post Trial Reasons:
I was under the false impression that the court would dispense justice fairly. When the court issued an ultimatum, before I had even put forth the first shred of evidence in my defense – I should have understood that the court, having prejudged my case, was not interested in even hearing my defense.
And worse that if I believed I had a right to present my case or have the experience of a fair trial, in hind sight I was wrong. Today I understand the court indicated its bias, essentially warning if it had to sit through that process I would get slammed with trust expenses regardless of the material facts that did not support that wrongful portion of the present judgment against me.
Today – I get all of what happened then!
No One ever said life was fair – and they only say the justice system is equitable.
While this bankruptcy case filed in 2002 continues in its longevity – for a number of recent years, my attorney Ms. Magee, then I, in proper person in every effort to redress injustice have copied different filings with many attachments herein this site to:
Office of U.S. Trustee – Shreveport : U.S. Attorney Office – Lafayette, LA : Exec Office U.S. Trustees Criminal Enforcement – Washington DC : Office of U.S. Trustee – New Orleans : La. Supreme Court New Orleans : Office Attorney General Baton Rouge : Office Disciplinary Counsel Baton Rouge
It is because of the efforts of many notifications that as experienced it is unlikely that abuse or misconduct will be addressed in the judicial system – no one is later interested redressing injustice.