Download Online book JUSTICE DENIED ©
by James Burneson

Welcome to the Courthouse Services Inc. The following book of the 18th District Court of Arapahoe County "JUSTICE DENIED" can be downloaded as a individual chapters.

The information collected in this publication has been compiled by Mr. James W. Burneson over a 15 year period that involved the 18th District Court of Arapahoe County. For the most part he represented himself Pro Se without counsel. His involvement was not planned or instigated but became a constant add on to a next litigation one after the other.

In addition to the chapters there is a list of transcripts which relate to each chapter when available. These transcripts have been edited with comments by Jim Burneson and noted in re. These transcripts can be review at no charge to verify the statements made in each chapter.  All Chapters and statements offered by this website are based on the sole opinions of  James W.. Burneson. 

ALL CHAPTERS CAN BE DOWNLOADED IMMEDIATELY IN PDF FORMAT BY PRESSING THE DOWNLOAD BUTTON.  ONCE THE DOCUMENT IS DISPLAYED YOU CAN COPY IT TO YOUR HARD DRIVE.

You can reach customer service at burnesonj@msn.com


THE LEGAL FEDERAL LAW ON IMMIGRATIONS REFORM

AND CONTROL ACT OF 1986

ALSO KNOWN AS THE BENEDICT ARNOLD

IMMIGRATION BILL

DOWNLOAD IMMIGRATION BILL TO SAVE AND PRINT

All State legislators need to know this law so download it and read it later.

KENNEDY, SALAZAR, Mc CAIN AND PRESIDENT BUSH  

Starting in 1986 to the present there have been 7 new laws passed with Kennedy involvement and none of them have been enforced.  1986 Bill calls for an 800 mile fence and the bill just killed had 345 miles of fence. When the 800 mile fence is completed and proof it works then and only then will discussions be held on new Immigration laws.  There are laws on our books that need to be enforced while the fence is being built.  When government officials fail to enforce laws passed they are traitors to our county.  

We in Colorado can't afford Salazar in the Senate so he is a single term Senator. He is no longer a Senator. We can never trust his opinion on any piece of legislature in the future. He still doesn't understand the reason his Immigration bill failed.   Remember he was trained in our State legislature where bills are passed without being read. i.e. SB 06-89    Salazar is running to be the first President from Mexico heritage be prepared you heard it here.

 Our State legislature needs to pass an Oklahoma law on Immigration.  If this is not done we need to turn more of these legislators out of our State Government.   

 Important points of the Oklahoma law 

1. it deals with identity theft;
2. it terminates public assistance benefits to illegal's;
3. it empowers state and local police to enforce federal immigration
    laws; and
4. it punishes employers who knowingly hire illegal aliens.
 

______________________________________________________________________________

WHAT DOES THE ILLEGAL MEXICANS COST THE COLORADO TAX PAYERS FOR THEIR INVASION INTO OUR STATE?

GO TO THE FOLLOWING WEBSITES AND YOU WILL KNOW WHAT WE THE TAXPAYERS ARE CHARGED FOR THE FREE SERVICES PROVIDED THE ILLEGAL MEXICANS. 

http://www.fairus.org/site/News2?page=NewsArticle&id=19646&security=1601&news_iv_ctrl=1741

http://www.defendcoloradonow.org/studies/studies.html

http://www.fairus.org/site/PageNavigator/facts/state_data_CO

WHY DO THE LEGAL AMERICANS HAVE TO PAY TAXES AND THE MEXICANS GET IN FOR FREE?  CALL OR EMAIL YOUR STATE REPRESENTATIVE OR SENATOR AND ASK WHY ARE THE BENEFITS FOR ILLEGAL MEXICANS FREE? 

Quote of the Decade

" The American Indians found out what happens when you don't control immigration ! !

NEW WEBSITE TO VISIT www.ratethecourts.com  The people get to vote on the judges across the country.   HOAs will be rated by the membership across the country.  If the ratings prove poor the buyers will not purchase in those HOAs whose Board of Directors forgot who they represent as Directors. Many Directors don't represent the membership but they let lawyers and property managers abuse the members for their profit.  The Courts and State Legislature also forgot who they represent.  IT'S THE MEMBERSHIP WHO OWNS THE HOA THAT ARE TO BENEFIT NOT THE LAWYERS AND PROPERTY MANAGERS.

A NEW TOOL TO HELP THE JUSTICE INDUSTRY TO REPRESENT TH E PUBLIC INSTEAD OF A FELLOW LAWYER.  GO TO www.alltranscripts.com   YOU CAN UPLOAD TRANSCRIPTS, DOCUMENTS, AND LETTERS FOR PUBLICATION.  THIS IS A NEUTRAL COMMERCIAL WEBSITE THAT CAN PROTECT AGAINST HACKERS.  WHEN A TRIAL IS COMPLETED THE TRANSCRIPT IS FILED IN A CABINET OR A WAREHOUSE NEVER TO BE READ AGAIN. PUBLISH A COPY OF A COURT TRIAL TRANSCRIPT CAUSES JUDGES A ND LAWYER TO CLEAN UP THEIR ACT IN PUBLIC. ONCE A DOCUMENT OR TRANSCRIPT IS PUBLISHED YOU CAN PROVIDE AN ADDRESS FOR DIRECT LOCATION OF THE FILE FOR THE CONVENIENCE OF THE PUBLIC.     

______________________________________________________________________________

LATEST POSTING FOR HOAs

June 25, 2009 Letter to City Mayor Tauer , City Manager Miller and City Council members.

SCROLL TO CHAPTER 27 BELOW:

______________________________________________________________________________

May 30, 2009  "CITY OF AURORA HAS ACCEPTED A SHAM REPORT  AND AN INVALID PETITION" INVOLVING THE DAM EAST HOMEOWNER ASSOCIATION

 SCROLL TO CHAPTER 27  below 

______________________________________________________________________________

April 15, 2009

Woodstream Falls Condos

9700 East Iliff Ave

Denver, CO 80231

 

The following letters are addressed to Mr. Gary Tobey of Tobey & Toro law firm and Professor Barry L. McConnell of University of Colorado at Denver, and Property Manager and Director Pansy Morris both on the Board of Directors of this HOA. Go to Chapter 33 in this website for more information.

April 15, 2009

Mr. Gary Tobey

Tobey & Toro, P.C.

6855 S. Havana St, Suite 630

Centennial, CO 80112-3813

Printed on the Internet www.court-house.com Chapter 33.

Re: April 9, 2009 the Crooked Election of Woodstream Falls Condos approved and managed by Mr. Tobey. 

I had the unfortunate experience of attending the elections for the Board of Directors of the subject condos. Mr. Tobey’s action since the first of the year has been to deny a fair election which would remove the present Board of Directors and his position as attorney for the HOA. 

With a change in the Board, a complete audit of the books will occur and Mr. Tobey and the Board of Directors (Mr. Barry McConnell, Professor at University of Colorado at Denver and Pansy Morris) will be held accountable for their theft of funds from the HOA.

Mr. Tobey, information about your actions has been received you have been paying yourself $10,000 a month from the General Funds. There is no record of the Board’s approval for these payments. Mr. McConnell and Ms. Morris also are receiving payments of $7,890 and $3,500 respectfully. The Board of Directors isn’t allowed to receive payments from an HOA as Property Manager and Maintenance Manager.  But if your HOA attorney is Mr. Tobey and all three of you are sucking money out of the HOA - anything goes.  These three have to stick together to keep the books hidden from the membership. 

Under the control of you Mr. Tobey, the Board refused the member’s request to see the books and to verify the proxies they claimed they had for the second election presented at the the first election where this board cancelled the election because the board lost.

To help hide the books and proxies from the membership the standard trick of crooked Board of Directors is to hire a CPA firm who will for a fee hold off requests from the membership while they as CPAs claim to be neutral in the election.

This honor went to a firm named:

 

Saltzman Hamma Nelson Massaro LLP CPA

1660 Lincoln Street Suite 2000

Denver, CO 80264

This firm received a retainer of $5,000 to answer and hide all information Mr. Tobey told them not to allow out of the office.  Can anyone imagine why this service costs $5,000?  Well for this fee a CPA firm will prove that 2+2 = 5. A Mr. White of the CPA firm proceeded to stop providing any information until the day of the election.  The Board had all the phone numbers and names of owners to pressure them for their proxies in order to elect the same three above. (Mr. McConnell’s term as a director had not expired).

During the election Mr. White while acting as Election Chairman was presented with a Motion by Jim Kreutz Esq. (lawyer for the candidates Forrest Group) to reject certain proxies which had not been proven to be valid.  After an embarrassing moment the motion was rejected by Mr. White who had no authority to reject anything. I objected and Mr. Tobey claimed the law allowed Mr. White to reject motions from the floor, I then demanded he cite the law.  Naturally Mr. Tobey tried to do so verbally but I made him provide the Statute in writing.  He quoted “CRS 38-33.3-310. There is no reference in the CPA’s Commitment Letter that outlines their duties of this assignment beyond counting the votes of the election and answering request for records from the membership. I have a copy of the Commitment letter. They as a CPA firm has no authority to deny anything from the membership from the floor offered in a Special Meeting and seconded by the multiple Proxy holders.

In addition, the $5,000 payment to Mr. White of Salitzman, Hamma, Nelson, Massaro LLP did not provide an honest election.  The entire staff of this CPA firm collected the ballots and went to a closed room to count the ballots. There was no member of the association in the room as a witness to the counting.  The CPA staff also had blank ballets with them during the counting of member’s ballots.  That makes the entire election illegal and has to be voided by the Association.  A new election without any contamination by you, McConnell or Pansy Moore must be held to make it honest without a $5,000 bribe to the CPAs.

But according to Tobey’s law you can railroad any election to protect yourself from self incrimination which means you are not representing the HOA who is paying you $10,000-$20,000 a month without approval by an independent Board of Directors.  Statute on theft says “Anything received of value without authorization”. Mr. Tobey is working to hide his illegal actions which he has been doing for years claiming to represent the Association of an HOA.  This is one of the few representations by a lawyer where he can legally screw his contracted client, the membership of the HOA while paying himself any fees he wants. 

WARNING:   Any HOA who has Tobey & Toro hired as their law firm needs to audit their books for as long as this law firm has been involved. An Audit of an HOA does not have to be by a CPA but can be done by a Public Accountant.  The audit is to check the balance of the books and whether or not the Board of Directors approve all the checks written in payment for expenses to include the Lawyer, Property Manager, and CPA.   The books of an HOA are not complicated unless the Treasurer is writing checks on the Bad Debit account or other accounts not used for expenses.

This is an example of what happens when the State Legislature passed a law without reading it by Morgan Carroll 06-89. This law was written by the local CAI chapter which Mr. Tobey is a long term member.  Most of the lawyers and property managers in the HOA business are crooks and need to be put in Jail.  The rape and plunder of HOAs can only be stopped when HOAs are put under the protection of the Real Estate Commission and get the abuse controlled by a State Agency instead of lawyers in County Court. All property managers must be licensed by the Real Estate Commission just like Real Estate Brokers. There is too much money involved to allow individuals to manage these funds without State oversight.

Mr. Tobey I am asking that you resign from this HOA; if you do not, you will be in court defending yourself and not Woodstream Falls Condos.

I am forwarding this letter via the internet to the Attorney General requesting he open a Grand Jury investigation starting with the leader of license law abusers Tobey and Toro law firm.

 

Jim Burneson

burnesonj@msn.com

 

April 15, 2009

Pansy Morris

Property Manager

Woodstream Falls Condo

9700 East Iliff Ave

Denver, CO 80231

And published on www.court-house.com

RE: Dishonest election you worked April 9, 2009.

Your conspiracy to run a dishonest election with Mr. McConnell and Mr. Tobey will not stand.  There is enough proof from January to April 9, 2009 of your hiding the books and delaying copies of proxies’ in order to confirm you’ve won the election.

The Board of Directors cannot receive payments for services as a director. You must resign from one of the positions, Director or Property Manager.  You cannot hold both positions, collect money and then approve your work performance as a Director.

Mr. Tobey may have promised you that it is legal according to his laws but it is not legal according to State Law.

The $5,000 payment to Mr. White of Salitzman, Hamma, Nelson, Massaro LLP did not get an honest election.  The entire staff of this CPA firm collected the ballots to count them and went to a closed room. There was no member of the association in the room as a witness to the counting.  The CPA staff also had blank ballets with them during the counting of member ballots.  That makes the entire election illegal and has to be voided by the Association.  A new election without any contamination by you, McConnell or Mr. Tobey must be held to make it honest without a $5,000 bribe to the CPAs.

If you fail to respond, I will publish a second letter with all the details from January to the present. It will be suggested you return all funds not approved by a motion and vote by the Board of Directors in the minutes of past meetings.  This doesn’t mean you can try and approve all payments retro to your first payment. It’s too late to try and make your theft legal.

Again, I will refer this letter with the others to the Attorney General’s Office for investigation of Theft.

 

Jim Burneson

burnesonj@msn.com

April 15, 2009

Professor Barry L. McConnell

University of Colorado at Denver

Emailed and published on website www.court-house.com

Re: Dishonest election April 9, 2009

Your involvement in the conspiracy to win a dishonest election is evident by your actions from January 2009 to the present, and your efforts to hide the books and the proxies until April 8, 2009 a day before election on April 9, 2009. You and Pansy have done everything Tobey suggested on how to throw this election.

Your questionable ethics as a Director of this HOA for a monthly illegal payment from Woodstream Falls Condos cannot be condoned by the University of Colorado as a Professor in the Business College.

A Director cannot receive payment for services performed for the HOA. You have one choice, to withdraw as a director and stop receiving the monthly payments as a Maintenance Manager all together. You are an owner only in Woodstream Falls Condos.

If you fail to respond I will publish a second letter on this Internet site with full details of all your actions and correspondence with Pansy and Tobey to hide the books and control the election to continue your side income.

You as a Director failed to notice your honest CPAs Mr. White of Salitzman, Hamma, Nelson, Massaro LLP did not provide an honest election.  The entire staff of this CPA firm collected the ballots and went to a closed room to count the ballots. There was no member of the association in the room as a witness to the counting.  The CPA staff also had blank ballets with them during the counting of member ballots.  That makes the entire election illegal and has to be voided by the Association.  A new election without any contamination by you, Pansy Moore or Mr. Tobey must be held to make it honest without a $5,000 bribe to the CPAs. The CPA firm must return their fees for this blunder.

I think the Attorney Generals Office needs to investigate this HOA as a start for a Grand Jury investigation of all dishonest lawyers, property managers, and CPA firms in Colorado. What Mr. Tobey thinks is legal according to his laws doesn’t match State Laws. See CRS 38-33.3-310.

 

Jim Burneson

burnesonj@msn.com

 

 ALL ACTIONS TAKEN BY THIS BOARD AFTER THIS ILLEGAL ELECTION ARE VOID AND CANNOT BE ENFORCED UNTIL A LEGAL ELECTION IS HELD. 

_______________________________________________________________________

 

DAM EAST HOA,  FENCE PROGRAM WILL BE PUBLISHED OCTOBER 6, 2008 ON THE  WEBSITE LISTED BELOW.  WHEN YOU ARE AT THIS SITE CLICK ON NUMBER 3. HOW TO PROTECT YOURSELF IN AN HOA  AND THE REVIEW WILL BE LISTED IN DETAIL.

CIRCLE 4 WILL NOT BE CHARGED MORE THAN $200.00 PER HOME PAYMENT TOWARDS THE CONSTRUCTION OF THE PERIMETER FENCE. THIS IS BECAUSE CIRCLE 4 DOESN'T  GET ANY BENEFIT FROM THE COMPLETION OF THE FENCE.  THIS MEANS THE COST TO BUILD THE ENTIRE FENCE WILL BE CARRIED BY ALL OWNERS IN CIRCLE 1,  2, AND 3.  THE FENCE COMMITTEE HASN'T ADMITTED WHAT THE NEW COST IS TO THE MEMBESHIP. 

_______________________________________________________________________

THERE IS A NEW BLOG YOU CAN LINK TO AT www.court-house.com/forum  There are 4 subjects you can leave your opinion:  1. Immigration 2. Colorado Justice System 3. How to Protect Yourself in an HOA  4. The Dam East Home Owner Association.

   LAW STUDENTS NEED TO LEARN OF THIS WEBSITE.

 THIS SITE CAN PREPARE STUDENTS FOR WHAT THEY WILL FACE

AS PRACTICING LAWYERS.  

__________________________________________________________________________________________

A MOTION TO DISMISS A STIPULATED LETTER AND THE PPO AGAINST JAMES W BURNESON IS LISTED AS CHAPTER 32 WITH IN THIS WEBSITE

 

CLICK HERE TO DOWNLOAD THE FOLLOWING  FILE

 

18th  DISTRICT COURT OF ARAPAHOE COUNTY COLORADO

 JUSTICE DENIED 1999-2009

WHAT IS WRONG WITH THE SYSTEM

List of Judges who rollover for

Jeffrey Lane Esq. of Law Firm Springer and Steinberg

This review exposes miscarriage of justice, and the violation of citizens First Amendment Freedom of Speech and failure of the Colorado Justice Industry to serve the public by lawyers and without prejudice judges.  

This litigation started with the Dam East Homeowner Association (an HOA located at NW corner of I-225 and Parker Rd Aurora) efforts to hid their Association Books from review by Mr. Burneson and other homeowners.   

It is Mr. Burneson’s charges that three attorneys had taken funds from this association without authorization by the Board of Directors.  The Attorneys stands accused are Timothy Moeller of Winzenburg, Leff, Purvis & Payne, Rich Johnston and Jeffrey Lane with Springer and Steinberg. To prevent Mr. Burneson from proving his accusations Mr. Lane has received or pending to receive legal fees of approximately $46,900.00 to keep the books hidden. An additional $30,000 was paid to Mr. Lane for the trial before Judge Ruddick where the defendant was found innocent of the Plaintiffs claims yet Judge Ruddick awarded $30,000 in legal fees payable to Jeffrey Lane the attorney who lost the case. The Defendant was found not guilty but had to pay the losing lawyers legal fees.  It is unbelievable that an HOA would spend this amount of money to keep their books hidden. But the membership doesn’t know the truth of what their Board of Directors and lawyers were doing with their money unless the charges are true...

One reason the money was spent is the President of this HOA from 2001 to 2008 was Jake Hummel also an attorney at law.  He covered the payments to the lawyers without Board of Directors approval.  Lawyers advise the Board of Directors what is legal when it helps the lawyers to receive payment for legal fees without approval by the Board of Directors.  Why were the legal fees not approved by the Board of Directors?

At Board meetings the board approves their actions by a motion and vote and these votes are recorded in the minutes of the meeting which are published for the membership to review. There is no record of amounts of payments made to a lawyer if the board never voted on the payments being made. Thus the members are kept ignorant of what the lawyers are receiving for collections for late fees from the membership. Problem legal fees not approved by the board become money stolen by the lawyers. Thief is defined by State Statue as “Something of value received without authorization.” Lawyers trying to hide exuberant fees collected while dunning the members for late assessments turns into thief by their act of hiding the amounts charged.  

This hiding the books was accomplished with the cooperation of judges from the 18th District and County Court of Arapahoe, and the City of Littleton and Aurora Courts.

Each of these judges are listed below and those with an ASTERISK * by their name were involved with Jeffrey Lane in ex parte communication outside of the court. Mr. Burneson has also found there is no law in Colorado Statutes that prevents a judge from being prejudice in his/her court during a trial or in their court’s rulings. Other States have laws on their books how to handle charges that a judge is prejudice in court or by the court’s ruling.

This prejudice extends to the judges in the Colorado Court of Appeals and the Colorado Supreme Court.

Each judge will be individually reviewed with his/her court’s transcript published on this website. Edited comments printed in red and inserted in the transcript will point to Jeffry Lanes coordinating with the Judge on how to run his/her court against Mr. Burneson. . This review will include the prejudice actions of each trial and all filings with the Court of Appeals and the Supreme Court of Colorado.

In addition a review will be completed of the Attorney Generals prosecution of Mr. Burneson in Administrative Law Court as promoted by Jeffrey Lane. Richard Freeman, Heather Jones, and ALJ Coughlin will be featured in a trial where there was no crime committed or any Real Estate Commission Rules violated. It was another trial promoted by Jeffry Lane which rimes with Denny Crane (Boston Law).  Mr. Lane is employed or is a partner of Springer and Steinberg Law Firm.

List of Judges in Arapahoe District and County Court who must recuse themselves from hearing a case involving the James Burneson

 

1.      Judge Ruddick *  02 CV 1748

2.      Judge Macrum

3.      Judge Levi

4.      Judge Rafferty *

5.      Judge Fasing

6.      Judge Hannen (He believes convenience over rules the law)*

7.      Judge Hopf

8.      Judge Russell

9.      Chief Judge Leopold* This judge thought he was running 18th District Courts but in truth Mr. Lane was running 18th District Court.

10.  Judge Cross*

11.  Magistrate Petrie

12.  Magistrate Bittle

13.  Magistrate Burns*

14.  Judge White *

15.  Judge Spencer*

16.  Judge Pratt*

17.  Judge Antrim

18.  Judge Samour*

19.  Magistrate Jeffrey Lane.  Transcript of his working with buddy Lawyer Burns, now Magistrate Burns.*

20.  Senior Judge Ettenberg*

21.  Senior Judge Moore*

22.  ALJ Judge Coughlin*   

23.  Judge Steinhardt*

24.  Attorney General Salazar*

25.  Chief Justice Mullarkey*

26.  Judge Grant Colorado Appellant Court  

 

*Judges involved in litigation with Jeffrey Lane. Ex parte communication is the Standard method of operations between Lane and these Judges. Lane sets the script of the trial so the judge will know how to run his court. Any judge who allows Mr. Lane into his court and finds in favor to Mr. Lane is a member of Lane’s private law system and is a disgrace to the Judicial System of Colorado. This will be proven by reviewing the transcripts of each judge’s court hearing and their decisions will be published on this website for public review.

 Each of these Judge’s transcripts will be featured here at www.court-house.com with edited comments by Mr. Burneson with his opinion in red print.

WHAT IS WRONG WITH THE COLORADO LEGAL SYSTEM?

             1. Perjury is not enforced in the civil courts of Colorado.  A Civil judge can’t rule on a felony in his court.  Only a District Attorney can persecute a felony.  There is no record in the State of Colorado of a DA persecuting a perjury case in a civil court. That means the judge and lawyers have a dirty secret “You can lie in Civil Court and nothing will happen.”  Just think about all those Medical lawsuits with the medical experts lying under oath.  That’s how John Edwards made all his millions in medical lawsuits. Second thought think about all the divorces that lies were what made the case.

 There is a huge and cry over how to stop the frivolous lawsuits in our courts.  The answer is get perjury enforced in our civil courts and half the lawsuits will be dropped. Trial lawyers will fight this enforcement to their death. If perjury is enforced in our civil courts half the trial lawyers will go bankrupt and the Law industry can’t allow that.  Lawyers have to be allowed to lie in court with their witnesses to make a living. That’s how crooked the law industry is.

             2. In Colorado a Judge can be prejudice in his court and in his court decisions.  There is no law against prejudice judges in Colorado courts.  In other states Illinois, Florida, Ohio, and  California if a litigate files a complaint against a judge for being prejudice a new judge is assigned the case to determine if the first judge was prejudice by his actions or orders. In Colorado if you believe the judge is prejudice you have to file with that judge to recuse himself.  Of course the Judge being charged will not recuse himself and God Help the lawyer who filed the charges. Lawyers will not recuse a judge for fear he will be black balled by all judges and lose his income.  That judge will spread the word and that lawyer will never win a case in any Colorado courts.  This is where a Pro Se Litigate (represents himself) has more power than a lawyer.  He can do things in court that no lawyer could ever do and still make a living as a trial lawyer.  Justice exists so long as the client doesn’t require his lawyer to over come a prejudice Judge.

 This fact proves in Colorado law a defendant or plaintiff will never be represented by a lawyer beyond challenging a prejudice judge or one that needs to be recused. Lawyers will represent their clients up to the point it could affect the lawyers future incomes from this system.  Judges control the income of lawyers and it can be vicious.

 A lawyer once told me justice does not enter our courts its all politics and law is secondary if it exists at all.  Judges award the winner as who he likes over the other lawyer in the trial.  If a litigate is Pro Se he doesn’t stand a chance the courts.  Here is the problem for the law industry. All past lawsuits involving Pro Se litigates who were not made aware that perjury is not enforced in civil courts is now a mistrial. Think about that for a while and understand how much it would cost to correct this problem in time and money. That’s why the law industry doesn’t want to correct this dirty secret.  We the citizens of Colorado are the peasants of years past. Lawyers and judges are a higher level citizen than we the peasants (public).  Our purpose for existing is to be the source of income for lawyers and judges.  We the taxpayer pay for everything courthouses, judges salary and pensions, court costs and lawyers exorbitant legal fees.  If you are considering a lawsuit your damages to justify a lawsuit has to exceed $50,000 to pay the fees charged to hire a lawyer.

             3. The day a lawyer gets his law license he becomes a Eunuch as far as trying to correct the legal system. He can’t effectively do much to cause changes in the system of law and court trials. Another attorney said I was right when I claimed as a pro se litigate I can do things a lawyer can’t do in court.  He said “You have to understand I have to make a living in this court system and I can’t demand certain actions in court as you can.”  What this really means is justice is blunted by a lawyer being restricted from making demands of a judge or an apposing lawyer in a court trial.  Further this means a litigate in court will not get justice if any action on the part of a lawyer would be considered intrusive to the judge’s powers. “HOW DARE YOU INFER I AS JUDGE COULD BE WRONG.”  Judges have immunity from being sued for their rulings in court and thus they believe they are untouchable and immune from criticism by anyone in their State. That includes criticism from one judge to another.

 You can criticize the church and you may not get to heaven.  If you criticize the justice system you will be denied Justice in any court in your land.

 Judges are not protected from criticism by the public. Part of our rights under the First Amendment Freedom of Speech is our right to criticize our Government and Courts.  So when a judge feels he has been criticized he becomes extremely angry and will strike out at anyone who inferred he was wrong or his decision was not fair or outside of the law. 

 That’s what Jeffrey Lane (rimes with Denny Crane) does when he communicates to a judge ex parte (Illegally) and caused the Judge to be prejudice in an up coming trial against Mr. Burneson. (Lane tells the judges “He advertizes that perjury is not enforced in our civil courts.”) We can’t allow his continuing with notice to the public and must be denied any trial.  He is a danger to our justice system. Lane with the cooperation of Judge Ettenberg sent Mr. Burneson to jail Arapahoe County Jail for calling the President of the Dam East HOA a Tort twister and he still openly tells the public about perjury not being enforced in civil trials.  In Colorado with perjury not enforced and no law against prejudice judges Mr. Burneson loses another trial to see the books of the Dam East Homeowner Association.   Justice is denied in the 18th District Courts of Arapahoe County.

             4. When any attorney from Springer and Steinberg including Mr. Lane enters a court room the judge for his own protection has to ask these questions for the court record.

 Mr. “Attorney” for the record has we (the Court) and you had any communication outside of this court before today concerning this trial?  Have you and I ever met outside of this court to discuss this case before us today? Have I received any phone calls or emails from you or your law firm’s staff concerning this case before us today?  All written communications between you and this court was recorded with the County Clerk and made a part of the record of this case is that true?

 Now the court can proceed with a trial without the ex parte communications shadows cast by Mr. Lane on all his trials. All the judges listed in this publication allowed ex parte communication before the trial.

             5. Problem recruiting lawyers to be judges under a 12 year full pension plan. Pension Plans has to be readjusted from 12 years to qualify to 25 years serving on the bench to qualify for a full pension.  Many lawyers in private practice realize they don’t have much of a pension set up so he decides to become a judge for the 12 year pension plan and his interest in being an outstanding Judge is secondary.

             6. County Bar Association have become weak and do not regulate nor investigate complaints from the public about violation of the code of ethics by lawyers. Judges can not serve as Officer of the County Bar Association.  When judges can be elected as officers it causes a conflict of interest by the judge in a trial where one of the litigating attorneys is a member of a different County Bar Association and the other lawyer is a member of the judge’s Bar Association. Who do you think the judge will find for, why for the member of his bar association?

             7. Current method of elevating the performance of Judges by the Commissions on Judicial Performance is a sham.  It basically is a review by lawyers in the litigation business as to who they deem to be a good judge.  What it really becomes a vote as to how easy a judge can be made to roll over for that lawyer in a trial.  Many lawyers want the judge to be incompetent because he is easy to work in court for a win no matter what the law calls for. An example is the review of Judge Stephen Ruddick Aurora County Court. This was one of the worst judges in the history of Colorado Law. He was prejudice against Blacks, Mexicans, and woman. He was finely ruled to be not reelected at the upcoming election and was so rated by the Commissions on Judicial Performance.  Problem this recommendation was not noted next to the judge’s election name but was published in the seldom read Blue Election book.  Judge Ruddick was reelected and severed on the bench for another 5 years issuing miscarried justice against Blacks, Mexicans and Women. After resigning his judgeship Ruddick got a job with the City of Aurora as a persecutor where he can continue his prejudices against Black, Mexicans, and Women today.  Ruddick appointment as a judge is known as Governor Romer’s second blunder.

             8. The public must have the right to recall judges in any year of their term by petition for votes by the public on Election Day.  When the Colorado Justice System becomes subject to the public’s ability to remove arrogant judges who dismiss the citizens who own the courts not the judges then justice might return to the citizens of Colorado.

             9. It is my suggestion all State Legislators who are also a licensed attorney be required to abstain from voting on proposed laws that involve lawyer’s fees or laws that rule the way lawyers practice law for a living. This is a conflict of interest when lawyers partially control our method of making laws that can affect the justice system.

             10. A Judge and lawyer who have ex parte communications about a trial to be held are to be disbarred forever and the judge is to lose his 12 year pension.  In today’s justice system lawyers don’t get disbarred unless they commit murder, steal funds or drugs and sex.  Lying in court or setting up a judge for a trial is too minor for disbarment. These violations are allowed while lawyers and judges screw the public everyday in courts in Colorado.

             11. The present illegal restriction denying the public’s right to purchase copies of the audio CD of a trial must be reversed immediately.  The public has the right to validate a trial’s transcript against the audio record of the trial.  All other states consider the audio tapes or CDs to be a part of the Open Records Act.  What Chief Judge Leopold did in his order to deny the public this right is a crime and Chief Judge Sylvester of the 18th District Court of Arapahoe has continued this crime of denying the audio tapes or CDs.  If Chief Judge Sylvester continues Leopold’s Order then the State Legislature must pass a State Law to order all courts in Colorado to make the Audio tapes and CDs available at the costs to the public of reproduction of the tapes or CDs.   CD’s will cost $5.00 to reproduce a transcript burned by the Court Clerk.

             12. New laws have to be passed to stop judges from being prejudice in their courts and in their decisions.  Other State has these laws which can be copied and made a part of our justice system.  It works like this.  When a litigate (Plaintiff or Defendant with or with out the lawyers)  files a complaint against a Judge claiming prejudice another judge usually from the Supreme Court will be appointed to review the trial or transcript during a trial and he will make the decision if the claim is valid. This means a trial could be stopped before it becomes a mistrial granted by an objective Appellant Court. With this law hanging over judges they are not likely to be very prejudice. When a judge is ruled guilty of being prejudice and is removed from a trial, then all judges will become born again and impartiality will be the order of the day.

             13. The County District Attorneys are in a contest to see how many convictions they can total per year. Some 20 percent of young defendants are convicted by plea bargains offered after they have spent 6 months in the county jail or more waiting for a trial. The charges are double of what could be proven in a trial and the defendants don’t know it.  So after a lengthy time in jail they agree to a plea bargain and are released to a program of parole.  If the defendant screws up he will be returned to jail to server say 8 years for charges he plead guilt to in the plea bargain which he was never guilty of in the first place. That’s how our jail population is increased to the point the cost of $40,000 per year per inmate will break our State Government.

             14. New law is needed if a defendant refuses a plea bargain he must be given a trial within three months of his arrest.  This will stop a DA from overcharging trump up charges because the DA knows they can’t be proven in a trial.  But the young defendant doesn’t know if he insisted on going to trial the DA would lose.  This will also cut down on the jail population both in County Jail and State Correction Jails. The Public Defenders are in on this scam and don’t provide much of a defense and suggests the defendant agree to the plea bargain which is less work than a full blown trial.

 THE FIRST JUDGES TO BE REVIEWED IN THIS ARTICLE WILL BE JUDGE SPENCER AND JUDGE PRATT OF THE 18th DISTRICT COURT OF ARAPAHOE COUNTY.

 

Coming Soon

 

          Jeffrey Lane and Jake Hummel past president of the Dam East Homeowner Association may try to forecloses on my home in the Dam East to stop this publication.  They have tried everything from sending me to jail for 31 days to a lien on my half of the house.  They have to keep the books hidden from any court to deny they stole the money collected in the name of legal fees paid but never approved by the Board of Directors.  Western States Property Services Inc.  Earl Johnson was in on the scam and he approved the legal fees without authority.

          The public can’t defend themselves from the system that relies on a homeowner trying to implement State Laws and the CCIOA Act to protect himself in County or District Court.  All HOAs must be placed under the protection of the Real Estate Commission which will be the one to hear complaints from home owners instead of Judges on a 12 year pension. Once this is accomplished the lawyers will lose Million in legal fees but the citizens of Colorado will save the Millions and get justice from a licensed agency instead of some District Court with the following restrictions.  You can’t buy a copy of the audio tape of a trial that perjury is not enforced and the judge can be as prejudice as he wants in running his court or issuing his decision.

        Why does a judge still ask you raise your right hand and swear to tell the truth the whole truth when he can’t protect anyone in his court from perjury committed by suborn perjury by the lawyers in the trial one wearing a robe.   

 

GO TO CHAPTER 32 TO SEE THE LATEST MOTION TO DISMISS STIPULATED LETTER AND PPO.

GO TO CHAPTER 33 TO SEE COMING SOON EXPOSÉ ON WOODSTREAM FALLS CONDOMINIUMS

 ________________________________________________________________________________________

 

 MR. JAKE HUMMEL PRESIDENT OF THE BOARD OF DIRECTORS

THE DAM EAST HOMEOWNER ASSOCIATION

LOCATED AT PARKER AND I-225

HAS HIRED MR. JEFFREY LANE ESQ.

OF PATTERSON, NUSS & SEYMOUR, P.C. AND NOW IS WITH SPRINGER AND STEINBERG

TO ENTER LITIGATION TO STOP THE HOA BOOKS FROM BEING OPENED

 FOR INSPECTION BY THE MEMBERSHIP. 

THE LAW FIRM WILL CHARGE $30,000 FOR THIS LEGAL SERVICE OF DEFEATING A LAWSUIT FILED IN 18th DISTRICT COURT OF ARAPAHOE COUNTY

TO OPEN THE BOOKS BY COURT ORDER. 

DOES THE MEMBERSHIP UNDERSTAND THE BOOKS ARE TO BE OPEN TO ALL MEMBERS AND THEIR BOARD OF DIRECTORS HAS NO AUTHORITY TO PAY FROM THEIR GENERAL FUNDS ANY MONEYS TO KEEP THE HOA BOOKS CLOSED?  

WHY WOULD A BOARD OF DIRECTORS WHAT TO HIDE THEIR BOOKS FROM ANY MEMBER?

This action of hiding the books has been going on for over 7 years. Members of the Board of Directors  President Jake Hummel Esq. Cathleen Speidel, Heather Swigert, Julie Geyer, Rob Celani Cherry Creek HOA Professionals, LLC Management Company

 By Jim Burneson

_________________________________________________________________

1. OPEN LETTER TO GOVERNOR RITTER, SUPREME COURT CHIEF MULLARKEY, CHIEF JUDGE SYLVESTER 18TH DISTRICT COURT.  Why Colorado Citizens Are Denied Their Right To Purchase Audio CDs Of Their Own Court Trials?  

2. LITIGATING HISTORY OF EX-MAGISTRATE JEFFREY LANE ESQ. OF THE LAW FIRM PATTERSON NUSS & SEYMOUR, P.C. AND CURRENT LAW FIRM SPRINGER AND STEINBERG. THE FOLLOWING LIST OF CHAPTERS ARE COPIES OF TRANSCRIPTS OF COURT PROCEEDINGS INVOLVING MR. LANE ACTIONS TO STOP MR. BURNESON FROM GETTING THE BOOKS OPENED OF THE HOA "THE DAM EAST HOMEOWNER ASSOCIATION."

CHAPTER 2 COUNTY TRIAL BY AURORA COUNTY JUDGE STEPHEN RUDDICK. ONE OF THE WORST EXAMPLES OF A JUDGE AND LAWYER WORKING TOGETHER AS A TEAM.

CHAPTER 6 REVIEW NEW JUDGE CARLOS A. SAMOUR JR. 18TH DISTRICT COURT OF ARAPAHOE COUNTY.

CHAPTER 11. CHIEF JUDGE LEOPOLD ACTS AS A COUNTY JUDGE UNDER JEFFREY LANE'S CONTROL.

CHAPTER 12. KANGAROO TRIAL JUDGE SPENCER'S COURT.  MR. LANE HAS CONTROLLED THIS JUDGE SPENCER  BY EX  PARTE COMMUNICATION.  

CHAPTER 17. JUDGE CROSS LITTLETON COUNTY COURT.  HE WAS INVOLVED IN GRATING A PERMENATE PROTECTION ORDER AGAINST MR. BURNESON FROM ANNOYING THE BOARD OF DIRECTORS OF THE DAM EAST HOA.

CHAPTER 18 JUDGE ETTENBERG RULINGS ON THE PERMENATE PROTECTION ORDER.

CHAPTER 20. MISMANAGEMENT OF THE DAM EAST HOMEOWNERS ASSOCIATION PAST AND PRESENT MONTHLY REPORT FOR JANUARY 2007 BOARD OF DIRECTORS

CHAPTER 24.  ASSOCIATION ATTORNEYS FOR THE DAM EAST HOMEOWNERS ASSOCIATION REVIEW OF TIMOTHY MOELLER, RICH JOHNSON AND JAKE HUMMEL.

CHAPTER 29 CITY OF AURORA POLICE FORCE HAS NO EFFECTIVE COMPLAINT SYSTEM. TWO ATTORNEYS FILLED A FALSE POLICE REPORT AGAINST JIM  BURNESON IN AN EFFORT TO STOP HIS ATTENDANCES AT A DAM EAST HOMEOWNER ASSOCIATION MEETING.

CHAPTER 30 BELOW FOR A REVIEW OF THE  TRANSCRIPT OF THE  HEARING  TO SENTENCE MR. BURNESON IN JAIL FRO 180 DAYS: JUDGE MORRIS PRESIDING.

CHAPTER 32 MOTION TO DISMISS STIPULATED LETTER AND PPO SENIOR JUDGE MORRIS.

ALL OF THE ABOVE PERTAIN TO THE ACTIONS OF JEFFREY LANE WHILE HE STALKS  MR. BURNESON  THROUGH THE COURTS OF COLORADO.

___________________________________________________________________________________________________

3. DETAILED REVIEW OF THE WORST MANAGED HOA IN COLORADO.   Dam East Homeowner Association located at Parker and I-225.  Example of how lawyer and property managers make money off  the membership of an HOA while the board of directors look the other way. How the board of directors and lawyer tries to censor a member critic of their actions by putting him in jail for 31 days.  Go to Chapter 28 where the beginning of a 9 year review is being published first year 2000. Each year will be reviewed from the record of over 500 letters sent to the board of directors by Mr. Burneson.

_________________________________________________________________________________________

4. THE DENVER WOMEN'S CORRECTIONAL FACILITIES  3600 Havana Denver CO. 80239.

A. Women inmates get pregnant and their DNA is never checked to find out which guard is eh father before an abortion is performed at State expense. A guard whose DNA proves he caused the pregnancy must be charged with rape and sentenced by a court of law to serve in prison. This enforcement would cut down on the rapes in a women's prison caused by the guards.  A Women can not give sexual consent when she is an inmate.   
 

B. Why Beef or pork is never served the inmates at this women's prison?  Its always chicken and some time it's under cooked.

C. Is it considered profiteering if a month supply of sanitary napkins costs a women inmate $4.00 a month?  How much does a month supply of sanitary napkins cost at the local markets?

D. Are inmates health endangered when the guards are so out of shape they can't run 10 yards without fall down exhausted?  A guards waist should measure half his height which means some guards should be 10 feet tall.

E. Wherever Prison guards check in for duty in should be at a private entrance where dogs trained to detect drugs will smell all bags and containers of the guards. Drugs are entering all prisons and it's brought in by the guards. Guards get sex or money in addition to their salaries.

F. Where prison guards leave the prison there needs to be a search of the guards bags for prison food stolen from the kitchen where kitchen.  The kitchen staff made up of inmates can't stop a guard stealing prison food.   

G. Governor Ritter needs to order all women prisons to be staffed with women prison guards. Sex in a women's prison is too powerful for male guards to overcome and perform their duties. Female guards would remove this  drive and the inmates would be better protected. Rape in a women's prison is a constant danger. There is no way an attractive inmate can protect herself ant then report a rape to the same guard involved in the rape. 

LETTERS TO THE MR. MARK BROADDUS WARDEN 0F THIS PRISON.

DOWNLOAD LETTERS TO MR. BROADDUS WARDEN

 ___________________________________________________________________________________

5. CITY OF AURORA POLICE INTENTIONALLY DOES NOT HAVE AN EFFECTIVE COMPLAINT SYSTEM AGAINST AN OFFICER.  Go to Chapter 29 as an example.

____________________________________________________________________________________

6. PERJURY IS NOT ENFORCED IN OUR CIVIL COURTS TO INCLUDE THE FEDERAL CIVIL COURTS.  YOU CAN LIE IN COURT AND NOTHING WILL HAPPEN BECAUSE THE JUDGE CAN RULE ON AN ISSUE THAT IS A FELONY.  LAWYERS AND JUDGES KNOW PERJURY IS NOT ENFORCED BUT THE PUBLIC DOESN'T. THAT'S WHY JUDGES STILL ASK A WITNESS TO "SWEAR TO TELL THE TRUTH" WHEN IT DOESN'T MATTER.   

 The following letter by Chief Justice Stuart with copies to Judge Macrum and Judge Fasing explains why a judge in any civil court can't rule on Perjury.  After you have downloaded  a copy of Judge Stuart's  letter you have to understand there is no record of any District Attorney prosecuting anyone for Perjury in a Civil court in the Sate of Colorado.   

 James W. Burneson has sued the Arapahoe District Attorney for failure to prosecute a case which had proof in thee separate court cases that perjury was proven in the court transcripts.  The District Attorney refused to prosecute and claimed he alone has he right to decide who he sues which is the law.  Thus Perjury is not enforced in our civil and Federal civil courts.

Why then does our judges continue to ask witnesses in court proceeding to raise their right hand and swear to tell the truth?  This is the dirty little secret of our Justice system which Supreme Court Chief Justice Mullarkey continues to deny is the truth.

Ask your local District Attorney when was he last time he prosecuted a case of perjury in a civil court? You will never get an answer.

DOWNLOAD CHIEF JUDGE STUART'S LETTER.   

_________________________________________________________________________________________

  TABLE OF CONTENTS


18TH DISTRICT COURT OF ARAPAHOE COUNTY OF COLORADO
JUSTICE DENIED


CHAPTER 1 COURT CASE 95 CV 1982 Judge Macrum held on June 9, 1997. This
case is what lead to the findings that Perjury is not enforced in our civil court system.
The following individuals were involved:

18th District Court Judge Macrum, Retired District Attorney Robert Gallagher, Mr. Ray
Stewart and Mrs. Kay Stewart, ( 7211 Quintero Arapahoe County 80016) Attorney
Richard Hays, Richard Breithaupt, Martin Plank, Office owners of Stonehenge Owners
Association. Joe Uhl

Perjury Is Not Enforced In Our Civil Courts By Any County District Attorney In
Colorado. Maybe All District Attorneys Across The County Do Not Enforce Perjury In
Our Civil And Federal Court System.
.
Involves the following personal: District Judge Levi, Chief District Judge Stuart, Senior
Judge Parrish Retired, District Attorney of Arapahoe County James Peters and staff
members, as follow: Tom Jackson, John Jordan, William W. Hood III, Karen Meskis,
Investigator Arapahoe County.

[DOWNLOAD CHAPTER ONE NOW]'


CHAPTER 2. COUNTY TRIAL BY AURORA COUNTY JUDGE STEPHEN
RUDDICK AND DISTRICT JUDGE RAFFERTY. ONE OF THE EXAMPLES OF A JUDGE AND LAWYER WORKING TOGETHER AS A TEAM.

Involves County Judge Ruddick, Jeffrey Lane attorney for the Plaintiffs’ Dam East Home
Owners Association Board of Directors, (name all of them) and District Judge Rafferty,
Senior Judge Steinhardt, Supreme Court of Colorado Namely Chief Judge Mullarkey.

DOWNLOAD CHAPTER TWO

CHAPTER 3 ACTIONS OF CHIEF JUDGE LEOPOLD,  SUPREME COURT JUSTICE MULLARKEY, CHIEF JUDGE SYLVESTER  18TH DISTRICT COURT OF ARAPAHOE COUNTY, THE STATE LEGISLATURE OF COLORADO AND GOVERNOR RITTER. . Misconduct of all  Judges, Court order to deny the public their right to purchase copies of audiotapes of trials to determent if  transcripts are accurate copy of a trial.

 DOWNLOAD CHAPTER THREE



CHAPTER 4. REVIEW OF KANGAROO COURT HELD IN THE
ADMINISTRATIVE LAW COURT, ADMINISTRATIVE JUDGE ALJ
COUGHLIN.

COMING SOON: DOWNLOAD CHAPTER FOUR

 

CHAPTER 5 A. COLORADO ATTORNEY GENERAL Ken Salazar, Richard
Foreman and Heather Jones.

COMING SOON: DOWNLOAD CHAPTER FIVE
 

CHAPTER SIX   REVIEW NEW JUDGE CARLOS A. SAMOUR JR 18TH DISTRICT COURT OF ARAPAHOE  COUNTY. THE JUDGE'S ACTIONS OF BEING THE DEFENSE COUNSEL INSTEAD OF A JUDGE.  Judge Carlos A. Samour, Jr. denial of Plaintiff's request to see the books is an out right legal joke by a Judge who believes his immunity as a Judge gives him the right to abuse his JUDICIAL DISCRETION.  The Defendants to the request is indirectly three lawyers who are guilty of stealing money from this HOA without any authorization and Judge Samour newly appointed to the bench is trying to protect his fellow lawyers.  

The 18th District Court has no records of any Pro Se litigate ever winning a case in this District.   This District exists for the enrichment of lawyers and no justice for the public.  Mr. Burneson has tried unsuccessful to get the books opened so the membership can see why they are now paying $90.00 a month assessments caused by over $125,000 paid to lawyers without board approval.  The new Board of Directors is so embarrassed by the loss of this money they would rather protect the crooks than let the membership know what happened to their money. 

 Since all the judges in the 18th District Court always find in favor of the Board of Directors in litigation against a pro se homeowner because the judge would have to find against a fellow attorney if he awarded a decision to the pro se homeowner.  This is not being impartial which is a requirement of the Code of Ethics for judges in Colorado. Judges don't care about Ethics; they have to protect their fellow lawyers against the public. 

 Judge Samour has been on the bench under several months and he will not be a judge upon his first review 2 years from now. So as proof of my claims I have copied Judge Samour's Order to deny and inserted comments of statute law that makes all claims for denial to be baseless and without any merit.  This judge like lots of judges didn't know about the Internet and what can be done to Orders and transcripts for the public to read.  This is also an eye opener for lawyers who will be in front of this judge in the future.   

A word of warning to all HOA members' who are in the Arapahoe County of the 18th District Court.  You don't stand a chance of winning in this District so you will have to put up with the abuse of your Board of Directors until you can sell out and buy in a non-HOA community.   You as a homeowner in an HOA are there for the rape and plunder by the Association attorney and the property managers (Members of the Community Association Institute CAI) while the Board of Directors hides the books.  That's what happens at the Dam East Homeowner Association with a President Jake Hummel who also is an attorney. YOU CAN VIEW OR DOWNLOAD A COPY OF JUDGE SAMOUR'S ORDER TO DENY THE BOOKS WHICH HAS INSERTED COMMENTS BY JIM BURNESON IN BLUE TYPE.

 

  DOWNLOAD CHAPTER 6 MOTION TO VACATE ORDER TO DENY REQUEST TO OPEN THE BOOKS OF THE DAM EAST HOMEOWNER ASSOCIATION


CHAPTER 7 STATE FARM AND OTHER INSURANCE COMPANIES DOUBLE DIPPING IN HOAs Insured the Dam East Homeowner Association

   DOWNLOAD CHAPTER 7


CHAPTER 8 . VENGEFUL HOA/COA & JUSTICE DENIED

1200 VINE STREET, DENVER, CO 80203 


DOWNLOAD CHAPTER EIGHT

 

DOWNLOAD CHAPTER 9. STATE LEGISLATURE PASS SENATE BILL 06-89. THE STATE SENATE AND STATE HOUSE OF REPRESENTATIVES DIDN'T READING THE BILL THEY PASSED. Persons involved Morgan Carroll Representative, Senator Robert Hagendorn, Committee members of the Senate Judicial Committee Sen. Bob Bacon, Sen. Brandon Shaffer, Sen. Dan Grossman Chairman, Sen.
Jim Dyer, Sen. Ken Gordon, Sen. Kiki Traylor, and Sen. Shawn Mitchell And
The House Government Committee Mary Hodge D, Chairman, Gary Lindstorm D, Vice
Chairman, Bill Berens R, Mike Cerbo D, Kathleen Curry D, Richard Decker R, Tom
Massey R, Mike May.

Chapter 9a - Comments why should not pass

DOWNLOAD CHAPTER 9a

CHAPTER 9b -  SB 100 AND SB 06-89 PASSED WITHOUT READING BILL FIRST.

 DOWNLOAD CHAPTER 9b

 

CHAPTER 10. . MAGISTRATE PETRIE COUNTY COURT OF AURORA
COLORADO. Case Number BO 3 C 8084 C-2
Earl Johnson, Rich Johnston stuffing
the court files with missing minutes and documents they removed to prevent Defendant
Jacqueline G. Aymami from reading them during her 6 day review as ordered by the
court.

 

DOWNLOAD CHAPTER TEN


CHAPTER 11. CHIEF JUDGE LEOPOLD ACTS AS COUNTY JUDGE UNDER JEFFREY LANE'S CONTROL.  

 DOWNLOAD CHAPTER ELEVEN


CHAPTER 12 COURT CASE 07CV1609 JUDGE SPENCER PRESIDING 18th District Court of Arapahoe County. THIS LAWSUIT HAS TURNED IN TO A KANGAROO COURT WITH JEFFREY LANE OF SPRINGER  & STEINBERG RUNNING THE COURT EX PARTE. JUDGE IS NEW TO THE BENCH AND IS TOTALLY UNDER THE CONTROL OF MR. LANE.  LAW STUDENTS SHOULD REVIEW THIS CHAPTER 12, WITH  ALL SUBCHAPTERS TO  LEARN WHAT THEIR  EXPERIENCE WILL BE IN THE FUTURE BUSINESS OF LITIGATION.  NEWS BULLETIN THE FORTH JUDGE HAS BEEN ASSIGNED TO RUN THIS COURT.  JUDGE SPENCER REFUSED TO RECUSE HERSELF BECAUSE JEFFREY LANE WOULD LET HER.  SO MANAGEMENT OF THE   18TH DISTRICT COURT REASSIGNED COURT ROOMS WITH JUDGE PLATT BEING ASSIGNED THIS COURT AND THUS THIS CASE. 

 DOWNLOAD CHAPTER TWELVE "LAWSUIT COMPLAINT"

DOWNLOAD CHAPTER TWELVE A  PLAINTIFF'S UPDATED MOTION TO REVIEW ACTIONS TAKEN BY THE  COURT AT THE FEBRUARY 13, CASE MANAGEMENT HEARING REQUIRE JUDGE SPENCER TO RECUSE HERSELF AND MOTIONS AND ORDERS ISSUE BE REVERSED BY A NEW APPOINTED EXPERIENCED DISTRICT JUDGE

DOWNLOAD CHAPTER TWELVE A 1  PLAINTIFF PROVIDES COPY OF TRANSCRIPT OF CASE MANAGEMENT CONFERENCE HELD FEBRUARY 13, 2008 WITH COMMENTS OF MISCONDUCT BY THE COURT PRINTED IN RED

DOWNLOAD CHAPTER TWELVE A 2  TRANSCRIPT OF CASE MANAGEMENT CONFERENCE EDITED COMMENTS INSERTED IN RED PRINT BY JIM BURNESON.  

DOWNLOAD CHAPTER TWELVE B  PLAINTIFF'S REVIEW OF ACTION TAKEN BY THE COURT AT THE FEBRUARY 13, CASE MANAGEMENT HEARING REQUIRE JUDGE SPENCER TO RECUSE HERSELF AND MOTIONS AND ORDERS ISSUE BE REVERSED BY A NEW APPOINTED EXPERIENCED DISTRICT JUDGE

DOWNLOAD CHAPTER TWELVE C  PLAINTIFF RECUSES JEFFREY LANE FROM REPRESENTING THE DAM EAST HOMEOWNER ASSOCIATION AFFIDAVIT

DOWNLOAD CHAPTER TWELVE D LANE'S RESPONSE TO PLAINTIFF'S  RECUSAL OF  Mr. LANE

DOWNLOAD CHAPTER TWELVE E  PLAINTIFF RECUSES JEFFREY LANE FROM REPRESENTING THE DAM EAST HOMEOWNER ASSOCIATION AFFIDAVIT

 DOWNLOAD CHAPTER TWELVE F        ORDER BY JUDGE SPENCER,  This is an ORDER everyone needs to read 14 pages long all DEFENDANTS motions denied for false reasons.

DOWNLOAD CHAPTER TWELVE G  PLAINTIFF'S MOTION TO HOLD THIS COURT TO STATUE 13-5-136 Forfeit of Salary.   THIS IS A STATUE THAT LAWYERS CAN'T USE IN ANY COURT IN COLORADO AND CONTINUE TO PRACTICE LAW.     IF A JUDGE DOES NOT RULE ON A MOTION IN THEIR COURT WITHIN 90 DAYS THE JUDGE CAN BE HELD LIABLE TO LOSE 90 DAY SALARY FROM THEIR OUR INCOME.

DOWNLOAD CHAPTER TWELVE H    PLAINTIFF’S REQUEST THIS COURT EXPLAIN HOW MR. LANE WILL BE PREVENTED FROM COMMITTING SUBORN PERJURY IN THIS COURT TRIAL

 


CHAPTER 13 DAM EAST HOMEOWNERS ASSOCIATION 1999 TO 2006.
Individuals involved: Greg Silva President, 2000 to 2003, Jake Hummel Esq. 2003 to
present, Finn Larsen, Marge Moore, Kelsey Quigg, Glen White, Julie Geyer, Cathleen Speidel and Heather Swigert

  DOWNLOAD CHAPTER 13 DAM EAST ASSOCIATION ANNUAL MEETING OCTOBER 2007


CHAPTER 14. REVIEW YOUR HOA TO DETERMINE IF THE PROPERTY
MANAGER AND BOARD OF DIRECTORS ARE HONEST.

A. List of dirty tricks used by Association Attorney and Property managers to rip off the membership.

B. How to protect yourself from being ripped off by property managers.

DOWNLOAD CHAPTER 14 A and B_

C. WESTERN STATES PROPERTY SERVICES INC. - HOA Property Managers - Member of "COMMUNITY ASSOCIATES INSTITUTE"  SEE HOW THIS COMPANY MANAGES  THEIR HOAs MEMBERS. .

 HOAs MANAGED BY WESTERN STATES:

Bella Vista, Brookshire Downs at Heatherridge, Cheesman Wildcrest Condominiums Cornerstone 

Cornerstone at Tamarac, Creekside at Bridgecreek, Creekside Townhomes, Dam East Homeowner's Association, Dayton Green Condominiums, Eastpointe/Southwide (Sandpiper), Enclave at Heritage Hills, Florida Park Condominiums,  Four Mile Conds/Townhomes, Four Mile Village Condominiums

Greenbrooke, Innsbruck in Aurora, Jasmine Park, Jasmine Place Townhomes, Lakepointe Condos,

Norman Condominiums,  The Ridge at Tamarac, Smoky Hill Homeowner's Association, Snowbird II Phase I Condominiums, Torrey Pines Condos, Vista Pointe, Westgate Plaza, Windstream Condominiums, Woodgate Commons Woodgate South Bella Vista Brookshire Downs at Heatherridge

Cheesman Wildcrest Condominiums, Cornerstone. Cornerstone at Tamarac, Creekside at Bridgecreek,

Creekside Townhomes, Dam East Homeowner's Association, Dayton Green Condominiums, Eastpointe/Southwide (Sandpiper), Enclave at Heritage Hills, Florida Park Condominiums, Four Mile Conds/Townhomes, Four Mile Village Condominiums, Greenbrooke, Innsbruck in Aurora, Jasmine Park, Jasmine Place Townhomes, Lakepointe Condos, Norman Condominiums, The Ridge at Tamarac

Smoky Hill Homeowner's Association, Snowbird II Phase I Condominiums, Torrey Pines Condos

Vista Pointe, Westgate Plaza, Windstream Condominiums, Woodgate Commons, Woodgate South.

DOWNLOAD CHAPTER 14 Chapter C  WESTERN STATES PROPERTY SERVICES -

CHAPTER 15. HOW TO RUN AN HOA WITHOUT LAWYERS AND
PROPERTY MANAGERS.

CHAPTER FIFTEEN DOWNLOAD 

 

CHAPTER 16 WHAT TO REVIEW BEFORE YOU BUY INTO AN HOA.

 DOWNLOAD CHAPTER SIXTEEN


CHAPTER 17. JUDGE CROSS LITTLETON COUNTY COURT. HE WAS
INVOLVED IN GRANTING A PERMENATE PROTECTION ORDER AGAINST
MR. BURNESON FROM ANNOYING THE BOARD OF DIRECTORS OF THE
DAM EAST HOA.
HERE IS A JUDGE WHO FAILED TO READ 4 MOTIONS
SUBMITTED BY DEFENDANT JIM BURNESON BUT DISMISSED THE
MOTIONS BECAUSE JEFFREY LANE TOLD HIM TO DO SO WITHOUT
READING THEM. JUDGE CROSS DOES WHAT HE IS TOLD TO DO AS A
JUDGE.

 DOWNLOAD CHAPTER SEVENTEEN  A

 DOWNLOAD CHAPTER SEVENTEEN B

 DOWNLOAD CHAPTER SEVENTEEN C TRANSCRIPT JUDGE CROSS FAILED TO READ 4 MOTIONS WHEN HE DISMISSED THE MOTIONS BY ORDER OF JEFFREY LANE. Here is a judge who failed to read 4 defense motions submitted by James Burneson because Mr. Jeffrey Lane told him to do so without reading them. Judge Cross does what he is told to do in his court.


CHAPTER 18 JUDGE ETTENBERG RULINGS ON THE PERMENATE PROTECTION ORDER. Jim Burneson was sentenced to 60 days in Jail for violating a Permenate Protection Order by calling The HOA President/Lawyer Jake Hummel a “TORT TWISTER”.

COMING SOON: DOWNLOAD CHAPTER EIGHTEEN

CHAPTER 19 THIRTY ONE DAYS IN ARAPAHOE COUNTY JAIL. Jim Burneson (68 years old) was sentenced to the Arapahoe County Jail for violating a Permanent Protection Order (PPO) by calling the President of the Dam East Homeowner Association a 'TORT TWISTER.' This jail sentence was arranged by the HOA President Jake Hummel Esq. and Jeffrey Lane of Patterson, Nuss & Seymour, P.C. The legal fees for this action paid to Jeffrey Lane cost The Dam East Homeowner Association $30,000. The Permanent Protection Order was arranged by Mr. Jeffrey Lane with the cooperation of Arapahoe County Judge Cross and Chief Judge Leopold of the 18th District Court in an effort to censor Mr. Burneson. The original sentence was set for 60 days by Senior Denver County Judge Ettenberg who suspended this sentence, subject to Mr. Burneson's appeal based on Constitutional issues which Judge Ettenberg was unable to rule on. This is a misdemeanor inmate wears a blue jump suit not orange.

 >DOWNLOAD CHAPTER 19  THIRTY ONE DAYS IN ARAPAHOE COUNTY JAIL


CHAPTER 20 MISMANAGEMENT OF THE DAM EAST HOMEOWNERS ASSOCIATION PAST AND PRESENT MONTHLY REPORT FOR JANUARY 2007 BOARD OF DIRECTORS President Jake Hummel Esq., Vice President Julie Geyer, Kelsey Quigg Director, Chad Hamel Secretary, Cathleen Speidel Treasurer. Property Manager Earl Johnson Western States Property Services Inc.

 

DOWNLOAD CHAPTER TWENTY

 

CHAPTER 21 EDITED TRANSCRIPT OF COURT PROCEEDING BY DISTRICT JUDGE LEONARD- ANTRIM AND RETIRED DISTRICT ATTORNEY GALLAGHER. THIS REVIEW HAS COMMENTS INSERTED IN RED PRINT WHERE MR. GALLAGHER MADE MISREPRESENTATIONS OR THE JUDGE'S STATEMENTS AND RULING WERE ENTIRELY OUT OF ORDER. JUDGE ANTRIM DOES NOT BELONG ON THE BENCH OF A DISTRICT COURT.

 

DOWNLOAD CHAPTER 21

CHAPTER 22 DENVER CITY AND COUNTY JAIL. REPORT ON THE DENVER COUNTY  INFIRMARY JAIL

DOWNLOAD CHAPTER 22

 

CHAPTER TWENTY THREE DENVER COUNTY JAIL COVERS UP REPORTED THIEF OF INMATES PROPERTY.   BY MAJOR PHILIP DEEDS

 DOWNLOAD CHAPTER 23 A

DOWNLOAD CHAPTER 23 B   EVIDENCE (PICTURE) OF DENVER JAIL BAG RIPPED OPEN WHILE IN CUSTODY DENVER DEPUTIES.

CHAPTER TWENTY FOUR ASSOCIATION ATTORNEYS FOR HOA'S REVIEW OF TIMOTHY MOELLER, RICH JOHNSTON AND JAKE HUMMEL

COMING SOON DOWNLOAD CHAPTER TWENTY FOUR

CHAPTER TWENTY FIVE LETTER TO GOVERNOR RITTER ABOUT RB. 08-1325.

 DOWNLOAD CHAPTER TWENTY FIVE

CHAPTER TWENTY SIX LETTER TO CHERRY CREEK HOA PROFESSIONALS, LLC.  THE PROBLEMS OF THE PAST CROOKED MANAGEMENT OF THE DAM EAST HOMEOWNERS ASSOCIATION. 

SECOND UPDATE 07/11/07. LETTERS TO CHERRY CREEK HOA  ABOUT FAKE EFFORTS OF PRESIDENT HUMMEL TO ADJURE THE BOARD OF DIRECTORS MEETING TO STOP MR. BURNESON'S QUESTION IN FRONT TO THE MEMBERSHIP

LETTER TO TREASURER HEATHER SWIGERT WITH QUESTIONS ABOUT FEBRUARY 28TH 2007 FINANCIAL  STATEMENT WITH A COPY OF STATEMENT ATTACHED.  SHE HAS REFUSED TO ANSWER THIS LETTER OF QUESTIONS. WHY?

DOWNLOAD CHAPTER TWENTY SIX

DOWNLOAD CHAPTER TWENTY SIX LETTER TO CHERRY CREEK HOA AND THE BOARD.

DOWNLOAD CHAPTER TWENTY SIX LETTER TO TREASURER SWIGERT ABOUT STATEMENT

 

CHAPTER 27     THE CITY OF AURORA HAS ACCEPTED A SHAM REPORT “BENEFIT/IMPACT ANALYSIS” IF IT WILL BRING IN $5,000,000 IN TAXES FOR A WALL OF 4,000 FEET ON YALE AND PEORIA FOR THE DAM EAST HOMEOWNER ASSOCIATION.

A Report called Benefit/Impact Analysis Falsely claims all homeowners properties will benefit by the construction of a new Masonry Wall that borders only 65 homes in a subdivision of 425 homes.

The petition submitted by the Fence Committee of the Dam East HOA with 160 signatures is void by the following errors. 

 1.      Signatures were signed in blue ink by homeowners and dates were later penned in with green ink. (How dumb can anyone be to try this?) This makes the entire petition void and can’t be used in this Special District Project. Which signatures are true and which are altered? No one can tell which signatures are valid.  If you can alter the dates with green ink how many signatures were also altered with blue ink.

2.      There is evidence whiteout was used in places of the petition.  You can’t do correction to a petition with whiteout and claim it is still legal.

 But in the City of Aurora these errors are OKed by the Clerk of Court. The City is fighting for additional taxes and this is what it takes to get those taxes. Its called a Made As Instructed (or MAI report) ordered by City of Aurora with their payment of $5,200 for 17 pages. (That’s $304 per page.)

 This Report in question was prepared by:

 Mr. Raymond C. Hart,  Shelton Associates Inc.,  230 South Holland St.  Lakewood, CO 80226

 This same company “Shelton Associates did the Benefit/Impact Analysis” for the wall built at Ptarmigan Subdivision located on the North east corner of Yale and Peoria. It’s across the street from the Dam East Homeowner Association which wants a similar wall built located on the South East corner of Yale and Peoria. These reports can’t be considered arms length and the staff person who approved these reports are Lyman Ho and Joani Cravens, Managers of Real Property Services City of Aurora.

 Under an Open Records Act the City of Aurora was asked to provide the background information on the qualifications of these two staff persons as to what their real estate experience is to be able to approve either Benefit/Impact Analysis which involves a $5,000,000 wall project. To date the City of Aurora has refused to provide what background Ly Mo or Joani Cravens has to qualify holding the position of manager of Real Property Services.   It is a disgrace to continue this project after the petition was rigged and a sham report fails to prove any home owner benefits from a new wall other than 65 properties that abut the fence improvement on their property line.  None of the interior properties will benefited a projected increase in property value of 4 to 8 percent by the construction of this fence as claimed in the B/I Analysis. The Tax Assessor of Arapahoe County recently mailed new appraised values for the homes in the Dam East Homeowner Association which dropped the values by 20 percent.  This new appraisal does not indicate a drop in value due to the existing wooden fence. The Tax Assessor of Arapahoe County staff appraisers will not give any increased value to the interior properties due to the construction of a masonry wall. The main issue is the claim Circle 4 does not increase in value by this fence. Properties in Circle 4 can’t be taxed for an improvement costing maybe over $5,000,000 for any annual charge of over a one time charge of $200.00 per home paid over 20 years

 Everyone needs to read the report to understand how wrong the value is as stated and how much out of line any of the noted property comparisons are out of date to try and give a Sham report to support a tax increase of over $11,000 per home over 20 years in taxes.

 This disgrace of promoting a sham by the City of Aurora, the Board of Directors of the Dam East Homeowner Association and the members of the Fence Committee after it has been proven to be a sham will not stand up in court if pursued as stated herein.

 The Benefit/Impact Analysis Report has been edited by Jim Burneson and his comments are printed in red type.

  

DOWNLOAD THE BENEFIT/IMPACT ANALYSIS edited by Jim Burneson.

 

OPEN LETTER TO AURORA MAYOR  TAUER, CITY MANAGER  MILLER AND CITY  COUNCIL MEMBERS.

June 20, 2009

Published on the Internet at www.court-house.com Chapter 27.

City of Aurora, Mayor Tauer and City Manager, Miller and City Council

Re: Running a Sham Wall Project to shaft the taxpayers of the Dam East Homeowner Association.

The Dam East Newsletter was received today with no facts or information on the Wall Project.  The City of Aurora likes to work in a verbal mode and not print any facts about a project the City wants that has no benefit to the interior homeowners of the Dam East Homeowner Association. The fence will benefit 65 homeowners whose property boarders the new fence. That’s it and no report can prove any interior homeowner or the owners in circle 4.

The facts of this project are kept secret from the owners and will be verbalized for the first time at a June 30 meeting by the City of Aurora. A meeting during the summer months while owners out of town on vacation.  With the facts hidden the homeowners will not have time to discuss the cost and lack of benefits among themselves all on purpose.  Mayor Tauer and City Manager Miller don’t want the taxpayers to have too much information for fear the taxpayers might object to the terms.

Where does the City and Fence Committee get the authority to set a three tier charge against property owners depending on where the property is located?  Who set the price at $6,000 for the properties on the fence line and $5,000 for all interior homes and $4,000 for all homes in circle 4?  Was this ever discussed with the homeowners of the Dam East? Answer NO.  Mayor Tauer or City Manager Miller did you issue these values for the Dam East Homeowner to base the taxes paid  to the City?

The Fence Committee of the HOA has intentionally refused to explain what the true monthly costs will be if a homeowner pays his share over a 10 or 20 year term.  Lets spring this bad news verbally on the few owners who attend the meeting and it will have a better chance of getting passed. (DON’T PUT THE FACTS IN WRITING DO IT VERBALLY) This action is dirty politics by a City Government who needs to dismiss all city employees who are part of this scam. This includes the City Attorney who allowed the scam to continue after the Benefit/Impact Analysis was proven to be totally fraud. An edited copy of this report is published on the Internet at www.court-house.com Chapter 27.   

The scheduled meeting on June 30 has to be cancelled since it is 10 days from today with no written facts for the entire HOA membership to review.  All costs must be published in writing 30 days before any meeting is held at City of Aurora.  How can anyone consider voting for or against this project without a complete explanation of all the facts? The HOA also hides the Benefit/Impact Analysis from the membership knowing it is a complete sham of misinformation that was written to favor the wall project and was not objective in its opinion. How many owners received copies of this report not counting the Fence Committee?  (Answer TWO) The facts claimed in this sham report are inaccurate and misleading on purpose.  The price of $5,200 paid for this report is $5000 over priced. This repost is fraud and intentionally bias for building the fence.

Continuing this Fence Project will end all future fence projects managed by the City.  No taxpayer will trust the City of Aurora on any tax proposal in the future. That’s a hell of a price to pay for this sham.

Why does the City of Aurora own the fence after we the taxpayers paid for it with interest? We the taxpayers who paid for a fence will own the fence when completed. That means the City has to title the fences built for the Dam West and Ptarmigan back to the HOAs. The City has no right to ownership of a project paid for directly by taxpayers.  If ownership is demanded for this Special District then it must be canceled now.

Mayor Tauer and City Manager Miller you both are a disgrace to your office for allowing this sham to get his far. Council person Sue Swenson needs to resign now for failing to protect her neighbors in the Dam East Homeowner Association.

This project can’t be voted on by anyone because of the sham committed by the City of Aurora staff all the way to the Mayor’s office and City Manager’s Office.  

Lets see how crooked the City of Aurora is by how they allow this scam to continue.  The meeting on June 30th must be canceled by the City of Aurora and rescheduled for an extended time to allow all the facts to be published for the owner's review 30 days before any meeting..  

 

Jim Burneson

12641 E Bates Cir

Aurora, CO 80014

 

 

CHAPTER 28. THIS REVIEW COVERS 8 YEARS OF INTENTIONAL MISMANAGEMENT OF THE DAM EAST HOMEOWNER ASSOCIATION . YEAR 2000 PUBLISHED JANUARY 8, 2008.  YEARS 2001 THROUGH 2008 WILL BE PUBLISHED AS ONE YEAR INSTALLMENT.

DOWNLOAD INSTALLMENT 1 DAM EAST HOA YEAR 2000.

 

CHAPTER 29. POLICE COMPLAINT ABOUT FALSE POLICE CHARGES FILED BY TWO LAWYERS, MR. JEFFERY LANE ESQ. AND JAKE HUMMEL ESQ. PAST PRESIDENT DAM EAST HOA.

Police Chief Oats makes the finial decision on whether a complaint from an Aurora citizen against a police officer is valid.  This means no complaints by a citizen against any Police Officer will ever be charged so long as Chief Oats has the final decision on the charges.  If Chief Oats ruled  officer  was guilty of a complaint the police force would go on strike. City Counsel knows of this problem along with the City Manager of Aurora.

If a search were made of the records of the Aurora Police Department for valid complaints against Police Officers for the last 5 years none will be found! This makes the City of Aurora Police Dept. eh cleanest in the USA.  The Aurora Police should be honored on Good Morning America for an award. 

 DOWNLOAD CHAPTER 29

CHAPTER 30 TRANSCRIPT OF TRIAL BO 4 C 4421 PUT BURNESON IN TO JAIL FOR 180 DAYS AND STOP HIS REQUEST TO SEE THE BOOKS OF THE DAM EAST HOA.

QUOTE BY SENIOR JUDGE MORRIS ," IF YOU SO MUCH AS SPIT ON THE SIDEWALK OF YOUR NEIGHBOR'S HOME YOU'LL BE IN CONTEMPT, AND YOU WILL SERVE 180 DAYS IN JAIL."

Justice in the 18th District County Court

Judge Morris Presiding

The court transcript is provided with edited comments inserted in red print by

Jim Burneson

Background on this hearing. Jim Burneson has been asking to see the books of The Dam East HOA for over 8 years. Ex-magistrate Jeffrey Lane lawyer with Patterson, Nuss & Seymour, P.C. and more recent with SPRINGER AND STEINBERG worked an arrangement with Judge Cross 18th County Court to issue a Permanent Protection Order against Mr. Burneson to not "Offend" the Board of Directors of the Dam East HOA.    This Order did not say it covered the entire membership of eh HOA but addressed the Board of Directors by naming them individually as plaintiffs requesting the PPO.

A Stipulated Agreement was drawn up that Mr. Burneson was for 2 years not to have contact with the Board of Directors or any officers agents or employees of the HOA.   By computer error an email was miss addressed to a committee member which Mr. Lane claimed violated the agreement and Mr. Burneson was to go to jail for 180 days. A hearing was scheduled before Judge Morris and a copy of the hearing can be download below.

Previous to this hearing Mr. Burneson was found guilty by Judge Ettenberg of annoying the board in violation of the PPO and was sentenced to 60 days in the Arapahoe County Jail.  Mr. Burneson had called the President of the board Jake Hummel also a lawyer a "Tort Twister."  Lawyers and Judges work together to protect themselves from the Public.  Mr. Burneson continued to demand his right to see the books which is why he now faced the possibility of serving 180 days.

Mr. Lane collected $30,000 in legal fees for this PPO. he claims he is pro bono  for the hearing covered by the transcript enclosed.  The Association Articles of the Incorporation  does not authorize the legal fees paid Mr. Lane. Money not authorized is theft.   In this hearing Judge Morris found Mr. Lane to be emotionally involved in this lawsuit which is a major mistake by a lawyer.  His emotions cloud his thinking and he is unable to give reasonable legal advise.  

The sole purpose of the PPO was to stop Mr. Burneson from gaining access to the books of eh HOA. Three attorneys are responsible for keeping the books hidden from any inspection of by the membership for the last 8 years. Mr. Burneson filed a new lawsuit in the 18th District Court to get a Court Order to require the HOA to open the books for inspections as the Bylaws require. Mr. Lane is being paid by the Board of Directors to fight this lawsuit in an effort to continue hiding the books of the HOA.   This lawsuit is before Judge Spencer District Court Arapahoe County.  She is 4 months on the bench and Jeffrey Lane is running her by ex parte advice. It is featured in Chapter 31 with copies of transcripts and a 14 page order written by Mr. Lane.

Mr. Lane during this hearing tried to get Judge Morris to rule on censoring this website which the court had no authorization to do.  Yet Judge Morris tried beyond his jurisdiction to intimidate Mr. Burneson into censoring his website. The PPO had no authority over Mr. Burneson's freedom of speech  in this website.  This is why Judge Morris out of anger issued his order that if Mr. Burneson spits on his neighbors sidewalk he would order him to serve 180 days in jail.  Judge was way out of his authority to try and protect another lawyer Jeffrey Lane from the truth published in this website.

The edited comments printed in red in the transcript is the opinion of Jim Burneson.

DOWNLOAD CHAPTER 30  

CHAPTER 31 THE APPELLANT COURT OF COLORADO MAIN PURPOSE IS TO PROTECT JUDGES AND LAWYERS FROM THE PUBLIC.  THE PUBLIC DOES NOT HAVE A COURT OF APPEALS TO PROTECT IT'S SELF.

A COMPLETE REVIEW OF AN APPEAL TO THE COLORADO COURT OF APPEALS.

CASE NUMBER 07CA0222 ARAPAHOE COUNTY DISTRICT COURT NO. 99CV2076

DIVISION V

OPINION BY JUDGE GRAHAM

ROY AND J. JONES, JJ., CONCUR

IN PROCESS OF BEING COMPLETED

COMING DOWNLOAD CHAPTER 31

 

CHAPTER 32 MOTION TO DISMISS STIPULATED LETTER AND PPO

 AGAINST JAMES W BURNESON.

SENIOR JUDGE MORRIS

This Motion request Judge Morris to dismiss the Stipulated Letter and PPO since he ordered the continuances of the PPO without interviewing any witnesses and never named who the Board of Directors were that was to be protected from being annoyed by Mr. Burneson.  

Then in a subsequent hearing Judge Morris expanded the coverage of the Stipulated Letter to cover all homeowners of the entire subdivision 425. 

During this hearing Mr. Burneson refused to be intimidated by Mr. Lane or Judge Morris to revise his website at www.court-house.com.  Judge Morris became angry when Burneson stated the court didn’t have jurisdiction over the website and it was Mr. Burneson's to Right of Freedom of Speech 1st Amendment.

Judge Morris exposed his lack of impartially by threatening Mr. Burneson if he receive a report that Mr. Burneson spit on a neighbor’s sidewalk he would throw Mr. Burneson in Jail for 180 days. 

Mr. Burneson objected to this threat because it could be set up by two owners who falsely claimed they saw Mr. Burneson spit on their sidewalk.  Judge Morris agreed he knew of this danger and let it stand.  THERE IS NO LAW IN COLORADO AGAINST PREJUDICE JUDGES.  Other States have laws against a judge being prejudice but not our State.

So Judge Morris has two choices he can dismiss the Stipulated Letter and the PPO to correct a miscarriage of justice or he can recuse himself and let another judge rule.

DOWNLOAD CHAPTER 32

________________________________________________________________________________________

DOWNLOAD CHAPTER 33

CHAPTER 33

WOODSTREAM FALLS CONDOMINIUMS

9700 E Iliff Ave, Denver, CO

BOARD MEMBERS:

 PANSY MORRIS

BARRY L. MCCONNELL ASSOCIATE PROFESSOR  MANAGEMENT

 UNIVERSITY of COLORADO-DENVER

AND

MR. GARY TOBEY ESQ.

LAW FIRM TOBEY & TORO
 

THE PEOPLE DESERVE THE GOVERNMENT THEY VOTED IN OFFICE.

 THIS IS NOT TRUE OF HOA, CONDO, ASSOCIATIONS

BECAUSE OF MEMBERSHIP'S APATHY MOST BOARD OF DIRECTORS ARE NOT ELECTED

TO BE REPRESENTATIVE OF THE MEMBERSHIP.

THE BOARDS ARE ELECTED TO REPRESENT THE INDIVIDUAL BOARD MEMBERS, PROPERTY MANAGERS AND WORST THE LAWYER WHO IS SUPPOSED TO BE REPRESENTING THE MEMBERSHIP. ONCE THESE THREE POSITION ARE UNIFIED THE MEMBERSHIP INTERESTS WILL NOT STAND A CHANCE OF BEING REPRESENTED AS THEIR RECORDED DOCUMENTS REQUIRE.

THE FOLLOWING REVIEW IS IN THE OPINION OF JAMES W BURNESON

Mr. Burneson has an extensive background in how HOAs become controlled by officers of the board and lawyers along with professional property managers.  

I have met several times with the group of candidates who are running for election to the Board of Directors. For purpose of this report these candidates will be called the “Forrest Group”. (Forest Deyoung, Chu Son, Igor Pleskov and Boris Lipkind). 

I have read most of the emails sent between the Board of Directors and the Forrest Group and have reached an opinion of what the membership of this HOA needs to know.   

In this website I have Chapters which describe how a Board of Directors will act while trying to control an association for their benefit. See Chapters 14 A, B, C, and Chapter 15.  

The following is a list of actions which a corrupt management system will perform to make more money for each of the entities, Property Manager, Board of Directors, lawyer and CPA firms. If this group can get away with it this year it will be worse in the coming years.

GARY TOBEY ESQ.

The law business for HOA ASSOCIATION is the lowest level of representation possible for a lawyer.  You see lawyers sign a contract to represent the “association” which in truth it’s the “association” that the lawyer will rape and plunder for his legal fees against the membership. The law firm of Tobey and Toro has been drawing down per month over $10,000 without an accounting what the legal fees covered. Mr. Gary Tobey issues his legal advice as verbal instruction and refuses to commit his legal advice in writing. When and if this Association sues Mr. Tobey for return of his wrongful receipt of legal fees he will not admit he gave any legal advice to Mr. McConnell and Ms. Moore. These two directors are out on the limb and don’t seem to know it.

Mr. Tobey has allowed the board to refuse giving the Forrest Group records, delinquent membership list for the election, and accounting records.  This is a red flag of wrongful hiding of the facts which is the first defense of a crooked Board of Directors. Hide the books.

Every action taken by a Board of Directors must be transparent to the membership. If this rule is not followed the opportunity to steal money from all members is too big a temptation. The only way to get rid of temptations is give in to it.  The money is just too easy for all three members’ reference herein.

BARRY L. MCCONNELL signs his name as a Professor at the University of Colorado at Denver, Business School. I hope he doesn’t teach Business Ethics.  He is on the board as Treasurer and Maintenance Manager with a $3,300 a month payment.  This is a conflict of interest being a Maintenance Manager for a fee while serving as an officer of the board. Receiving monthly payments for the additional position of Maintenance Manager is not allowed.

Mr. McConnell claims to be a full time professor and intends to be a board member and on top of that the Maintenance Manager for the Association.  Property Managers should include this service as part of their contract without an extra $3,300 per month fee.

PANSY MOORE

Pansy Moore is Secretary and Property Manager at a salary of $7,400 a month. This fee is too high for performing the list of actions stated on the contract between this Association and Cams L.L.C. The membership needs to read this contract.

Here again these two positions can’t be served by the same person.  The Board of Directors must be separate of any contracting work for the same Association.

THERE IS A CONSPIRACY BY THE OFFICERS AND LAWYER WHO ARE FIGHTING TO STOP AN OPEN LEGAL ELECTION.

The appearance of a conspiracy between these two Officers and the association lawyer is over powering and will stand in a court of law.  All three must resign starting with the lawyer since his law license is in jeopardy due to his failed conduct in this HOA. His legal decisions do not protect the membership but protect the two officers and lawyer’s ability to draw any monthly payment he deems to be worth his input.  

The membership of this Association is being taken by three individuals who work to protect each others’ incomes to provide services that would not be allowed by an honest Board of Directors.

Members of this Association should attend the scheduled election and ask questions of these three why they are refusing to allow inspection of Association records by the Forest group? You want all the records to be brought to the election meeting for all members to review three hours before the meeting. The records will include all three years of financial records, minutes of all past meetings, three years of all past correspondence between the board and the membership. An audit of the books for the past 6 years by a public accountant is needed to be the first ordered of business by the newly elected Board of Directors.  This should scare this group as to what this audit will reveal to the membership.

CPA accountants that specialize in HOAs audits are predisposed to protect the Board of Directors and never for the membership.  Anything provide by a CPA firm will be shaded in favor of the board because the membership never hires CPA firms.  The CPA firm always provides a letter of commitment which will state they will never look for anything illegal during their audit. What good is an audit by a CPA?  It becomes a white wash of the lawyer’s and board of director’s actions.

A public accountant can do an audit to prove the books are in balance.  An HOA set of books are not complicated and don’t need the training of a CPA to perform an audit.  The audit will be cheaper and faster by a public accountant. Did the Board of Directors vote to approve the checks in payment to the lawyer, Professor Barry McConnell and Pansy Moore? If the board didn’t approve all checks paid for all expenses including these three in the minutes of the monthly board meetings then the money is stolen by the recipients.

This HOAs public image will be damaged if the membership doesn’t stop the current two Officers and Lawyer from allowed to continue their dictatory control of $2,000,000 a year cash flow. Lack of membership control will affect the resale price of the units because of the failure to controlling the board management of the Association.

The sooner this HOA is placed under the control of the Forest Group as new directors the turn around to clean management will occur. The membership must understand they are lucking to have 4 members willing to spend the time to correct the management of Woodstream Falls Condominiums for the benefit of all instead of what is managing the HOA today.

 
  1. Notice to the Supreme Court of Colorado
     
  2. Chapter 3 - Writ of Certiorari was slipped under the table to hide the proof of a Kangaroo Court
     
  3. Judge Ruddick's Court motion to object the court record - Transcript May 29th 2003 edited by Jim Burneson
     
  4. Judge Ruddick's Court motion to object the court record  - Transcript of August 21 2003 edited by Jim Burneson
     
  5. Introduction of the transcript of August 21, 2003
     
  6. Chapter 10 - KANGAROO COURT BY JEFFREY LANE AND JUDGE CROSS
     
  7. DEFENDANT/APPELLANT MOTION TO RECUSE JUDGE HOPF FROM THIS APPEAL AND THE CLAIMS AGAINST THREE ATTORNEYS' FOR UNAUTHORIZED ACTIONS AGAINST THE DEFENDANT/APPELLANT
     
  8. Transcript 2 Ettenberg
     
  9. SB 06-89 review section by section comments of why this bill should not be passed for the protection of the members of HOAs.
     
  10. Example of a CAI lawyers set of Policies and Procedures that shows how each procedure is to protect the board, property managers, and the lawyer who is acting as a collection agency against the membership. It is another method to hide the books from the membership.

  11. 18 District court of Arapahoe county Colorado
    Justice Denied

     

Other subjects

  1. Real Estate Commission Hearings in regards to Case No" RC 2001-17. This case is now pending Appeal before Colorado Appellate Court. When this site is updated it will have all the correspondence from Mr. Burneson to the Real Estate Commission, Attorney General of Colorado, Governor Owens, Richard O'Donnell Executive Director Regulation Agency and any reply correspondence from any one listed above to Include, Director Debbie Campagnola and Tom Roan Attorney General's Office. A commentary of what transpired at the Hearings held by the Commissioner on February 6, and March 3, 2004. All minutes of Commission meetings held from 1999 to the present.

    The Appellant Court of Colorado Denied Jim Burneson's Appeal. A Writ of Certiorari has been filed with the Supreme Court. A copy of Senior Judge Hume Order is attached with a Burneson's brief interjected in red print within the Judges Order. This makes a lively transcript which will entertain a reader.

    Writ of Certiorari,  Case 05 SC 715

     
  2. Administrative Law Court ALJ Coughlin, Richard Foreman, Attorney's for the Attorney General of Colorado, Michael S. Williams, Division of Administrate Hearings and Richard O'Donnell Executive Director Regulation Agency
     
  3. Judge Ruddick's trial and Appellate Judge Rafferty's rulings while being recused and his prejudice ruling in favor of Judge Ruddick.
     
  4.  The Colorado Appellate Court Decision on Case No# 02 CA 2170 was denied.  The Appellate Court refused to grant  Mr. Burneson's appeal for perjury to be enforced in civil courts in Colorado.  There has never been a case in the history of the 18th District Court where perjury was prosecuted in a Civil Court case.   This mean the Judges and lawyers know perjury is allowed in civil court trial but the public doesn't know litigates can lie in civil court trials and nothing will happen to enforce charges of perjury. 
     
  5.  Review of the Dam East Homeowners Association litigation over the past 10 years of Contempt of Court Orders. Court Orders' by Judge Stuart and Judge Hickman. There will be a review of the actions of the law firm Winzenburg, Leff, Purvis & Payne LLP and Patterson, Nuss & Seymour, P.C. and State Farm Insurance Company's correspondent. If anyone has additional comments to add to the actions of these two law firms please forward them to the email address of burnesonj@msn.com they maybe added to this website.
     
  6.  letters to Chief Judge Mullarkey and Judge Cross Perjury