VALID JUDICIAL MISCONDUCT CLAIMS - WHAT IS NECESSARY TO KEEP THEM FROM BEING BRUSHED UNDER THE RUG?
I am soliciting advice on how to best handle a judicial complaint against U.S. Magistrate Judge Alan J. Baverman of the Atlanta U.S.D.C. -- I am aware most judicial complaints never see the light of day. How is the best way to bring light to an investigation? Media, internet, or another medium???
As difficult as they are to believe, the allegations include very serious claims of extortion and obstruction of justice. Additionally, they include personal visits to a litigant's home by the judge. The judge, his wife and his nephew received significant assets (including real estate, personal assets, and money with the approximate value of $1,000,000) with the use of judge's power & influence. The underlying motive was greed and an interest in short-circuiting an FBI investigation into the judge's family at the expense of others.
Any suggestions? Most attorneys and media personnel get scared when taking on federal judges -- even if the evidence supports the allegations.
(10) Comments
This one time at Hofstra, this guy I hung out with got a C in a class he thought he should have gotten an A in. He went in and talked to the professor, the professor refused to change his grade. Then, he went in and talked to a dean, who was technically kind of the professor's boss, the dean read the test and recommended a higher grade. He ended up with a C+ in the class.
The moral of the story is that if you can't get anywhere talking to someone first, you should probably tell their boss, who in this case would probably be the appeals court, and if that doesn't get you anywhere, you should try talking to the Supreme Court. It is the province of the Supreme Court to say what the law is. But I'd be careful because federal judges probably have the power to have your car towed without just compensation or due process.
Good luck, and please report back on your successes.
Best,
HM
HM,
Thank you for taking the time to post. The judicial complaint has been filed with the 11th Circuit and has been submitted with the affidavits of at least four other witnesses and other items of evidence.
I have searched through many web postings, and it appears that most federal judicial complaints never see the light of day because (1) the filed complaints are not available to the general public, and (2) most reporters and lawyers are scared to be the first to report a story against a judge.
The few judicial misconduct cases that have resulted in some type of punishment for the involved judge have all received significant public scrutiny first (i.e. USDC Judge Samuel Kent & USDC Judge Thomas Porteous).
Your comments and suggestions are very much appreciated. The allegations are true, the evidence in support is both credible and objective -- but the uphill battle is on a very steep and slippery field.
The filed compaint is against US Magistrate Judge Alan J. Baverman of the Atlanta United States District Court. The complaint was filed with the 11th Circuit on September 9, 2008. I understand there are also several other people complaining about Judge Baverman's out-of-court judicial misconduct (using the power and influence of his office for the personal benefit of his family and friends).
Thank you, in advance, for any assistance you (or anyone else) may provide.
I would recommend you retain an attorney with a degree from Hofstra. Not only are they among the most talented lawyers in the country but they also have the balls to challenge injustice wherever they find it. Not even a federal judge can intimidate them.
Attorneys with degrees from HofsTTTra are also among the most talented guidos in the country. They have the balls to lay drywall wherever they find it. Not even a federal judge can intimidate them.
To bad there are no brave attorneys in Atlanta. If anyone has any constructive advice please help. We are going to try a PR company to see about getting a little more public scrutiny. For the time being,
BavermanMisconduct.com
has been set up. It is still a work in progress, but will be updated with additional information and pdf files of related evidence in the near future.
The Chief Judge that is responsible for "investigating" the complaint will try to dismiss the complaint for sure. This is the modus operandi. What you must do is specifically list the misconduct. Use a definition of judicial misconduct that has been defined by legal experts. See mmason.freeshell.org/372c/Complaint_07152008.htm and mmason.freeshell.org/372c/Complaint_07302008.htm . Find examples in state courts where the behavior you have alleged has been considered judicial misconduct. See mmason.freeshell.org/372c, generally. This particular judge, U.S. Dist. Judge, Donald L. Graham has a massive amount of complaints filed against him and the process is starting to work. You must be relentless because the strategy by the Chief Judge and his minions is to force you into submission and resignation by attrition. In this effort, the following complaints have been filed against U.S. Dist. Judge Donald L. Graham:
Oct 16 post:
How were you able to compile the list of complaints? I am aware US Magistrate Judge Alan J. Baverman's complaint was referred to a judicial investigative committee (I understand that is a rare event -- only 18 out of 1,484 judicial misconduct complaints were sent to committee for investigation; see www.BavermanMisconduct.com)
Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "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."
"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ΒΆ 60.23. The 7th Circuit further stated "a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final."
3. What effect does an act of "fraud upon the court" have upon the court proceeding?
"Fraud upon the court" makes void the orders and judgments of that court.
It is also clear and well-settled Illinois law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935).
Under Illinois and 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.
4. What causes the "Disqualification of Judges?"
Federal law requires the automatic disqualification of a Federal judge under certain circumstances.
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).
This is a personal shock to me. Alan and I were close friends, college years. From everything I knew about him, I could not imagine him doing anything illegal. He was one of the most honest persons I knew. He never appeared to be greedy or money hungry at all. He was extremely well liked. It's horrifying to know that some of the most honest people you have ever known later performed criminal acts out of greed. But if he is guilty of these charges, as it appears he is, I hope the petitioner gets all of the relief sought, and can somehow overcome this for his own future and his family's future. Good luck.
The circuit judge in my divorce trial was over the top biased, gave my children to a documented sex addict, child molester ( including his own sister when she was 10 and he was 13, then her friend) with an additional diagnosis of Narcissistic Personality Disorder, documented history of child neglect and abuse, actions against his medical license in two states and prohibited from practice for 4 years due to safety concerns for patients and public, is chemically monitored, and a lot more. None of this mentioned in the judgement. No mention that court ordered forensic mental evaluator and the children's counselors stated it would be traumatic to the children to be placed with father and the court evaluator testified dad was unfit or that he spent $500K on himself, paid no child support or any other expense during 4 years of litigation. I had the children from birth to a month before a second trial after ex's attorney caused deliberate mistrial by adding documents to the court records during the night vs in court. Dad is a documented sex addict and been to treatment twice but judge allowed stolen, premarital pictures and documents about my premarital relationships to be entered when there was no extramarital affairs on my part. My husband abused me, including stealing controlled IV drugs from the hospitals and drugging me to unconscious for deviant, ritual filled sex since I couldn't tolerate it physically or emotionally. After we had children was when he got really weird and controlling. They were his leverage to get my compliance. I didn't know about his previous deviant sexual history that started at 13 until we got medical records 2 years into the process. He was given everything, the children, all the assets, doesn't have to pay any back expenses, and gets to set conditions on my visitation which are removed or supervised if I'm noncompliant. The judge is incompetent, prejudice, biased and a criminal. She made up false testimony, had ex parte communications, divided assets on an altered DRI given to her by opposing counsel, allowed ex's attorney to illegally tape conversations and break into my computer financial records as well as physically threaten and assault me. Both of them made faces and hateful remarks during trial. I could go on for hours. Nothing will happen to her. Judicial error, remand on appeal at best for blowing off findings of fact and placing restrictions on me and visitation that are violations of basic rights, hippa laws and without jurisdiction. I will appeal and file a complaint to document my objections, protect myself and keep on record her illegal and inexcusable, immoral actions on the bench. She is a disgraceful, but typical representation of today's legal profession and community. Every kind of unprofessional, unethical and blatant criminal activity by most attorneys and judges is daily, accepted practice. Law doesn't determine outcome, money, power, and connections do topped by the judge's personal or bought opinions. I didn't realize until too late that there were no remedies because review boards are a worthless joke, appeal judges cover for their peers and that judges are allowed to violate your rights, ignore the law, break the law openly in court and that's not misconduct. If a regular citizen on the street slandered, libeled, threatened, assaulted, stole medical, legal, financial documents, blackmailed, etc., the offending party usually faces some penalty. I hope to see the day that judicial immunity and self regulation are revoked and review turned over to the public where it belongs. Judicial justice-what an illusion and BS on paper.