ACTION UPON THE BOND
WE HAVE - QUESTIONS NEEDING ANSWERS ?
- NEW FED SUIT FILED _ CLICK HERE - FILED 12 - 05 - 2006
SUING STATE OFFICIALS FOR OFFICIAL WRONGS - arising from a Family Civil Case with Fraud upon the court.
Chief Justice sued in Franklin County for Turning a Blind Eye, and for the acts and conduct of his inferior Family Court subordinate judge in Fayette.
...upon the KyCourts website the Chief justice of the supreme Court has told kentuckians the following message, and we have believed it in good faith.
Government should be a servant of the people. It is vitally important that Kentuckians understand how it works. The judicial branch of state government guards our constitutional rights as citizens of Kentucky and the United States of America
YET CHIEF JUSTICE LAMBERT FAILED -(NONFEASANCE)- TO INTERVENE UPON THE VIOLATIONS OF THE RIGHTS OF THE PLAINTIFF - BY THE ACTION 2005-SC-0875-MR THAT WAS BROUGHT BEFORE HIM WITH PROPER NOTICE UNDER THE SC RULES
SCR 4.300 Kentucky Code of Judicial Conduct Canon 3 D.
(1) A judge who receives information indicating a substantial likelihood that another judge has committed a violation of this Code should take appropriate action. A judge having knowledge that another judge has committed a violation of this Code that raises a substantial question as to the other judge's fitness for office should inform the appropriate authority.(2) A judge who receives information indicating a substantial likelihood that a lawyer has committed a violation of the Kentucky Rules of Professional Conduct should take appropriate action. A judge having knowledge that a lawyer has committed a violation of the Kentucky Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects should inform the appropriate authority.
Chief Justice Lambert is now liable for failing to execrcise a reasonable duty of care in violation of Section 14, Ky. Const. and
KRS502.020 Liability for conduct of another -- Complicity.
(1) A person is guilty of an offense committed by another person when, with the
intention of promoting or facilitating the commission of the offense, he:
(c) Having a legal duty to prevent the commission of the offense, fails to make a
proper effort to do so.
In this Commonwealth, nonfeasance is defined as the
failure to act when one has affirmative duty to do so. See
Cottongim v. Stewart, 283 Ky. 615, 142 S.W.2d 171 (1940)
Ordinarily, proof of fraud requires a showing of an affirmative act by the party charged. An exception to this general rule may be found in a party’s silence when the law imposes a duty to speak or disclose. Such was the case in Security Trust Co. v. Wilson, 307 Ky. 152, 210 S.W.2d 336 (1948),
On November 1st 2006, or shortly thereafter, Chief justice Joseph Lambert, Chief judge Sara Combs, Fayette Circuit Family Court judge Joann Wise, and others invovled, will be sued in the Franklin Circuit Court for various acts committed, and various acts of Omission in performing the duties on the Offices.
Chief justice Joseph Lambert, and Chief judge Sara Combs are named as respondent superiors to answer for the misconduct, and violation of the rights of the plaintiff, and for acts of Omission in the duties of their Office to intervene upon Claimed violations committed by judge Joann Wise, Fayette County.
This matter arises from the Fraud upon the Fayette Circuit Family Court, and the unlawful acts of the judge, Joann Wise, that resulted in injury to the rights of the plaintiff.
In addition to naming defendant Wise, Adele Burt Brown Lexington Attorney will be named as a co-conspirator in injury to the rights of the Plaintiff, having unduly influenced the court and Defendant Wise to act with intent to wrongfully use a "civil process" to injure the rights of the Plaintiff.
The Fayette County Attorneys Office was also unduly influenced by Wise-Brown to join into the conspiracy to injure the rights of the Plaintiff. Assistants Ken Williams and Allyson Honaker are named as co-conspirators also.
Kalina v. Fletcher , 522 U.S. 118; 118 S. Ct. 502 (1997). Even though there has been no sworn testimony submitted before the court, if the court accepts outright lies, there is no difference in the effect of such acceptance from that of sworn pleadings. In this case, the judge joins in a conspiracy to make mixed war injury and loses his immunity by committing acts that are extra-judicial and political in nature.
Fayette County Sheriff Kathy Witt, also an accomplice in the abuse of power and malfeasance of the offices and professions, having carried out the orders of Family Court Judge Joann Wise in Harassing and intimdating the Plaintiff for exercising his right to judicial rememdy ( from the fraud). Wise retaliated against the Plaintiff for taking a Original Action to the Court of Appeals against her.
...very slight circumstances are sufficient to make the question of undue influence one for the jury.” Marcum v. Gallup, 237 S.W. 2d at 865. (1951) See also Helm’s Guardian v. Neathery, 226 Ky.42, 10 S.W.2d 474 (1928); Frank’s Executor v. Bates, 278 Ky. 337, 128 S.W.2d739 (1939); Berryman v. Sidwell, 278 Ky. 713, 129 S.W.2d 154 (1939); Kiefer’sExecutor v. Deibel, 292 Ky. 318, 166 S.W.2d 430 (1942); Sutton v. Combs, 419S.W.2d 775 (Ky. 1967); and Bennett v. Bennett, 455 S.W.2d 580 (Ky. 1970).
APPROPRIATE EQUITABLE GROUNDS
1. Because the Petitioner was defrauded of his property in theft by unlawful disposition, violated in his vested liberty interests to his child by an outrageous arbitrary and capricious hand of judicial/attorney malfeasance and misconduct. Shocking the conscience of every layman who comes to hear of it.
The facts and evidence support these claims and action upon the bond, and the Jury will find for the Plaintiff.
This Blog is a part of a public domain chronological record of the event.
HEAR YE! HEAR YE! ALL YE THAT MAY HAVE A SIMILAR CLAIM FOR MISCONDUCT MALFEASENCE AND GROSS NEGLIGENCE BY ACTS OF OMISSIONS AGAINST THE ABOVE NAMED PUBLIC OFFICIALS.
- NEW FED SUIT FILED _ CLICK HERE - FILED 12 - 05 - 2006
SUING STATE OFFICIALS FOR OFFICIAL WRONGS - arising from a Family Civil Case with Fraud upon the court.
Chief Justice sued in Franklin County for Turning a Blind Eye, and for the acts and conduct of his inferior Family Court subordinate judge in Fayette.
...upon the KyCourts website the Chief justice of the supreme Court has told kentuckians the following message, and we have believed it in good faith.
Government should be a servant of the people. It is vitally important that Kentuckians understand how it works. The judicial branch of state government guards our constitutional rights as citizens of Kentucky and the United States of America
YET CHIEF JUSTICE LAMBERT FAILED -(NONFEASANCE)- TO INTERVENE UPON THE VIOLATIONS OF THE RIGHTS OF THE PLAINTIFF - BY THE ACTION 2005-SC-0875-MR THAT WAS BROUGHT BEFORE HIM WITH PROPER NOTICE UNDER THE SC RULES
SCR 4.300 Kentucky Code of Judicial Conduct Canon 3 D.
(1) A judge who receives information indicating a substantial likelihood that another judge has committed a violation of this Code should take appropriate action. A judge having knowledge that another judge has committed a violation of this Code that raises a substantial question as to the other judge's fitness for office should inform the appropriate authority.(2) A judge who receives information indicating a substantial likelihood that a lawyer has committed a violation of the Kentucky Rules of Professional Conduct should take appropriate action. A judge having knowledge that a lawyer has committed a violation of the Kentucky Rules of Professional Conduct that raises a substantial question as to the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects should inform the appropriate authority.
Chief Justice Lambert is now liable for failing to execrcise a reasonable duty of care in violation of Section 14, Ky. Const. and
KRS502.020 Liability for conduct of another -- Complicity.
(1) A person is guilty of an offense committed by another person when, with the
intention of promoting or facilitating the commission of the offense, he:
(c) Having a legal duty to prevent the commission of the offense, fails to make a
proper effort to do so.
In this Commonwealth, nonfeasance is defined as the
failure to act when one has affirmative duty to do so. See
Cottongim v. Stewart, 283 Ky. 615, 142 S.W.2d 171 (1940)
Ordinarily, proof of fraud requires a showing of an affirmative act by the party charged. An exception to this general rule may be found in a party’s silence when the law imposes a duty to speak or disclose. Such was the case in Security Trust Co. v. Wilson, 307 Ky. 152, 210 S.W.2d 336 (1948),
On November 1st 2006, or shortly thereafter, Chief justice Joseph Lambert, Chief judge Sara Combs, Fayette Circuit Family Court judge Joann Wise, and others invovled, will be sued in the Franklin Circuit Court for various acts committed, and various acts of Omission in performing the duties on the Offices.
Chief justice Joseph Lambert, and Chief judge Sara Combs are named as respondent superiors to answer for the misconduct, and violation of the rights of the plaintiff, and for acts of Omission in the duties of their Office to intervene upon Claimed violations committed by judge Joann Wise, Fayette County.
This matter arises from the Fraud upon the Fayette Circuit Family Court, and the unlawful acts of the judge, Joann Wise, that resulted in injury to the rights of the plaintiff.
In addition to naming defendant Wise, Adele Burt Brown Lexington Attorney will be named as a co-conspirator in injury to the rights of the Plaintiff, having unduly influenced the court and Defendant Wise to act with intent to wrongfully use a "civil process" to injure the rights of the Plaintiff.
The Fayette County Attorneys Office was also unduly influenced by Wise-Brown to join into the conspiracy to injure the rights of the Plaintiff. Assistants Ken Williams and Allyson Honaker are named as co-conspirators also.
Kalina v. Fletcher , 522 U.S. 118; 118 S. Ct. 502 (1997). Even though there has been no sworn testimony submitted before the court, if the court accepts outright lies, there is no difference in the effect of such acceptance from that of sworn pleadings. In this case, the judge joins in a conspiracy to make mixed war injury and loses his immunity by committing acts that are extra-judicial and political in nature.
Fayette County Sheriff Kathy Witt, also an accomplice in the abuse of power and malfeasance of the offices and professions, having carried out the orders of Family Court Judge Joann Wise in Harassing and intimdating the Plaintiff for exercising his right to judicial rememdy ( from the fraud). Wise retaliated against the Plaintiff for taking a Original Action to the Court of Appeals against her.
...very slight circumstances are sufficient to make the question of undue influence one for the jury.” Marcum v. Gallup, 237 S.W. 2d at 865. (1951) See also Helm’s Guardian v. Neathery, 226 Ky.42, 10 S.W.2d 474 (1928); Frank’s Executor v. Bates, 278 Ky. 337, 128 S.W.2d739 (1939); Berryman v. Sidwell, 278 Ky. 713, 129 S.W.2d 154 (1939); Kiefer’sExecutor v. Deibel, 292 Ky. 318, 166 S.W.2d 430 (1942); Sutton v. Combs, 419S.W.2d 775 (Ky. 1967); and Bennett v. Bennett, 455 S.W.2d 580 (Ky. 1970).
APPROPRIATE EQUITABLE GROUNDS
1. Because the Petitioner was defrauded of his property in theft by unlawful disposition, violated in his vested liberty interests to his child by an outrageous arbitrary and capricious hand of judicial/attorney malfeasance and misconduct. Shocking the conscience of every layman who comes to hear of it.
The facts and evidence support these claims and action upon the bond, and the Jury will find for the Plaintiff.
This Blog is a part of a public domain chronological record of the event.
* * * * TAKE PUBLIC NOTICE * * * *
HEAR YE! HEAR YE! ALL YE THAT MAY HAVE A SIMILAR CLAIM FOR MISCONDUCT MALFEASENCE AND GROSS NEGLIGENCE BY ACTS OF OMISSIONS AGAINST THE ABOVE NAMED PUBLIC OFFICIALS.
posted by WhistleBlower at 3:56 PM
2 Comments:
November 1st 2006
The hearing was held. Wes Collins, Plaintiff, being under the disability of the fraud upon Fayette Family Court, and having his mail delivery tampered with, obstructed, and his mailbox vandalized, could not receive the response of the Defendants counsel, Asst. Attorney General D. Brent Irvin.
Irvin, handed the Plaintiff a copy, and was given 15 mins in another room to read it. The arguments made by Irvin fell short in showing why the action should be dismissed.
This was not a proper hearing in that it was held in a side office, with a senior judge, Sam McNamara, appointed to fill an apparent vacancy. A nice man, but erred in dismissing the complaint because the facts were indusputable, the Clerks had committed negligence in filing the Plaintiffs proper Motion sent by fax (5 pages)in the Supreme Court, violating section 14 of the Ky. Constitution and KRS 453.190,
Judge McNamara erred by not allowing plaintiff to amend his complaint,and not allowing a jury to decide his case.
The Case continues. Filings will be made to correct said errors and to allow the plaintif his full spectrum of rights, to submit evidence, to compel witness and testimony, to cross examine,etc. and to have it all decided by a jury.
November 27 2006. Plaintiff filed a CR 60.03 motion for an independent action, submitting new evidence. The step sheet from the Original Action 2006-CA-789-OA which was taken against both Fayette Family Court Judge Joann Wise, and Madison County Circuit Judge Julia Adams. In the step sheet #22 Judge Joann Wise files a response 8 days late, and "faxes" it to the COA.
In the Plaintiffs suit FRANKLIN CO., defense is trying to argue that the clerk did not have to accept Plaintiffs faxed Motion to Reconsider. The civil rules do not forbid it. KRS 453.190 preserves all and any method for a poor person to to sue out or defend in any action.
Judge McNamara grossly abused discretion by granting a dismissal of plaintiffs objections and declaration of the Right for the Jury to decide the clearly "Legal Issues".
Plaintiff will refile to move to jury trial.
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