January 26, 2005
TO: The Honorable Chief
Justice Mary Mullarkey
Supreme Court of Colorado
Two East 14th Ave
Denver, CO 80203
From: Jim Burneson
12641 E. Bates Cir.
Aurora,
CO 80014
303-750-1500
Re: Because Perjury is unenforceable in civil trials all past trials must be ruled mistrials.
There is a secret that the Judicial Industry has been keeping from the public. This secret is when a witness takes the “oath to swear to truth the whole truth” it is not enforceable against perjury testimony by a witness in a civil trial. This means in a trial with a Pro Se litigant he is not aware that lying in a civil trial is OK because perjury not enforced. A Pro Se litigate will conduct his side of the trial as if the truth will be told in court.
Judges, and lawyers know that nothing will happen to them if they and witnesses commit perjury in a civil trial. The problem is one party of a civil trial knows something the other party (Pro Se) doesn’t know. The saying “Ignorance of the law is no excuse” does not apply to this lack of knowledge. In my past experience in a trial Attorney Mr. Jeffery Lane knew in Judge Ruddick’s court he could lie and his witnesses could lie and there is no consequence for committing perjury in a civil trial. All judges know they can’t enforce perjury in their courts.
Judge Ruddick and Lane used this knowledge to there benefit against Pro Se Carla Burneson. Case 00 C 4042.
In an Administrative Law Court Case. RC 2001-017 ALJ Coughlin and Richard Foreman Attorney General’s Office knew perjury was allowed in a trial and the witnesses for the Plaintiff lied in court and nothing was done about it. Mr. Burneson was administered the oath to tell the truth which he did in the trial.
In a PPO Hearing in Judge Cross’s Court Case No B 04 C 4421 Littleton County Court the witnesses called by Jeffrey Lane lied in court and nothing was done about it. Jim Burneson was sworn in as a witness and he told the truth.
I have been involved in litigation represented by an attorney and as a client was never told by my lawyer lying is allowed in Civil Court. No charges will be filed for lies by one side in a trial because no District Attorney will prosecute a witness for perjury when a complaint is filed. One side of the trial knows you can lie and the other side Pro Se or client represented by a lawyer not advised believes everyone in the trial will tell the truth.
I have three cases where a Mr. and Mrs. Stewart lied 5 separate times under oath three times in court and 2 more in depositions and no charges were accepted by the District Attorney of Arapahoe Count. (Case 95 CV 1982 Judge Macrum Case No 98 CV 3285 May 15, 2000. Judge Levi and Case No 99 CV 2067 Division 4 Chief Judge Stuart)
So we are all aware by now the facts presented above that
lawyers and judges know perjury is not enforceable in civil court so this
Supreme Court must make an announcement to the public all civil trials in
progress to be recessed until this court decides to tell the public lying in
civil court is OK. Or this Supreme Court must order the District Attorney from
now on must prosecute perjury in civil cases and it is no longer at his
discretion to do so. Perjury in civil court is a felony and must be brought to
trial to insure justice is for both parties of litigation.
In my example above the sworn testimony in three trials
that perjury occurred was simple to prove in a criminal trial. The transcript of
this trial will be on my Internet website at www.court-house.com
The past trials where perjury was covered up and not
enforced must be declared a mistrial. (All of the past trials) Estoppel cannot
be a defense for the acts of the Justice system that allows an advantage to one
side of the civil trial over another especially at the beginning of a trial.
When a judge calls a civil court to order if this question about perjury
in a civil trial is not cleared up then at that point a miss trial has begun.
A trial is suppose to be about finding the truth and it is
impossible to achieve this high goal when one side knows he can lie and nothing
will happen to him for committing perjury.
So I am demanding that the trials in bold print above be
reversed since neither Pro se litigators knew about perjury being allowed. New
trials must be ordered. In the new trials perjury is OK as acknowledge by both
sides and thus we will not need to swear anyone to tell the truth. Or perjury
will result in felony charges being accepted by the District Attorney and the
accused will be tired in criminal court. This
way the public will be aware of what their rights are in the courts of Colorado.
One side doesn’t have an advantage over their opposition.
I believe by my bringing this fault in our justice system
to the attention of the Supreme Court Justices their sense of justice for the
public will be outrage. Or maybe the Justices fear if the public becomes aware
that lying is OK in civil court it could destroy the system of trials, which is
another reason to immediately act on my demand.
I intend to file with the Federal Court to restore my
constitutional right as a Pro Se litigate and to seek damages against the State
of Colorado for denying me a Pro Se fair trial in Colorado. Since I have not
been to a Federal Court I wonder if the same failure to enforce perjury exists
at the higher courts? Lots of
changes will have to be made up and down our Justice System.
That wouldn’t be all bad if it brought truth back into
our courts would it? I know it will reduce half the lawsuits now flooding our
dockets. It would also reduce
medical law suits if perjury were enforced. It would also cause a great number
of lawyers to seek gain full employment instead of using their law degree to
screw the public.
Justice delayed is Justice denied. I suggest the Supreme Court to take this notice of wrong
doing for years lightly. My actions
will bring immediate public attention, which will effect on going trials where
perjury is legal for one side.
If I am forced by the inactions of the State Judicial
Industry I will take my complaint to the Federal level where enough publicity
will alert the public that anyone can lie in civil court without any legal
consequences.
I’m waiting for an answer before I file my next lawsuit
at the District Court of Arapahoe County All Pro Se litigators and clients
without their lawyer’s permission must ask this question. “Your Honor how do
you plan to guarantee me a fair trial when you can’t enforce perjury in your
court?” This little secret has
been keep by the oath taken by lawyers when they get their license.
“ And you promise not to tell the public that perjury is not
enforceable in civil court. Say you do.”
You are now lawyers.
Jim Burneson Pro Se
12641 E Bates Cir
Aurora, CO 80014
303-750-1500
Email burnesonj@msn.com
Cc Governor Owens
Chief Justice Leopold
Jeff Weist Executive Director CCJL
Tom Morgan 18th District Performance Commission
Lots of blind copies.
________________________________________________________________
Letter to Judge Cross 18th District County Court
January 7, 2004
Judge Cross
Presiding Judge Arapahoe County Court
1790 W. Littleton Blvd.
Littleton, CO 80123
Re: B04 C 4421 A-2 violation of First Amendment Freedom of Speech.
Enclosed is a copy of a letter submitted by Mr. James W. Burneson to the Dam East Homeowner Association for publication in the member’s Association newsletter called the “Dam East Wind”. During a hearing in your court on 8/6/04 for a PPO against James W. Burneson (B04 C 4421 Div A-2) you ordered the Plaintiffs and the Plaintiffs attorney Mr. Jeffery Lane that Mr. Burneson’s rights to freedom of speech must be maintained. He is allowed to attend the HOA board meetings, he can send emails to the directors and he can speak at the meetings by his right to freedom of speech. The attached letter meets these requirements as stated by you. If the attached letter is refused to be published in the Association’s newsletter it will be a violation of Mr. Burneson’s freedom of speech, which you ordered to be observed by the Association.
Mr. Jake Hummel Esq. President of the Association was present during your order that Mr. Burneson’s freedom of speech be protected. Mr. Rich Johnston the Association attorney is also involved in any refusal to publish this letter of Mr. Burneson in the monthly newsletter. This brings to a total of three attorneys involved in violating Mr. Burneson’s rights to freedom of speech. Mr. Lane approves the actions stated in the attached letter and in fact he was the leader in faking a Board of Directors meeting minutes in an effort to prove he and Patterson, Nuss & Seymour, was hired by the board at a nonpublic board meeting. Mr. Lane considers himself above the law because he can get away with most violations because he is a lawyer. He has no authority to appear in your court for this PPO because the Dam East never hired him. He has been working off of a contact to State Farm Insurance Company for another case that is going to appeal.
I have now been told These violations will be reported to your court with a motion that you call for a hearing on the violation of Mr. Burneson’s freedom of speech and require proof that Mr. Lane was hired as per the requirements of the Bylaws of this Association.
This ruling you made in granting a Permanent Civil Protection Order against Mr. Burneson based on the loose interpretation of the word “Molest” of the directors is a sham. Of course there was never any proof offered in this trial that Mr. Burneson molested any Board of Directors. By Ex Parte communications between you and Mr. Lane before the trial you both agreed to try interrupting the word molest as “annoying” the Board of Directors.
And with great pride you stated you would defend this interpretation of “molest” as being equal to “annoying” all the way to the Supreme Court of Colorado. You smiled at your friend Mr. Lane and there in lies what you two-licensed lawyer smugly set the stage to order the unproven PPO.
Problem occurred when the defendant Mr. Burneson began to quote his rights to freedom of speech and how this court could not deny him his rights under the First Amendment. Will here is another right I will quote to you.
Section
10. Freedom of speech and press.
“No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and in all suits and prosecutions for libel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.”
As a member of this Association I have the right to express my freedom of speech in the membership’s newsletter, which has in the past been denied. These past refusals will be included in the future litigation against the Association, lawyers and Property Management Company for denying me my right to freedom of speech.
A second point of consideration is the copies of letter attached that were sent to you over the past year in your capacity as Presiding Judge of Arapahoe County. Since you must have forgotten about receiving this correspondence when you agreed to hear Mr. Lane’s complaint against Mr. Burneson for a TPO and then you approved a PPO. The question is how could you not be prejudice by the attached letters and thus disqualified to Order a Judgment in this PPO complaint? Go to your file and retrieve copies of these letters and reflect on Mr. Burneson’s motion to recuse yourself, which you refused on the grounds it, takes two affidavit to recuse a Judge. Wrong I corrected you in court it takes only one affidavit and you went ballistic. This was the same mistake Mr. Lane had lead Judge Ruddick to use to refuse his being rescued. Appellant Judge Steinhardt tries to dismiss this law in her refusal of Carla Burneson’s appeal to the Supreme Court.
With these letters involving you in the miscarriage of justice by Lane in Judge Ruddick’s court how could you abuse your legal discretion and preside over a PPO against Mr. Burneson? After refreshing your memory of this correspondence with the Burnesons you must issued an order to vacate the PPO against Mr. Burneson and then recuse yourself for this over site in your judgment.
I want you to be aware of the past events that have occurred outside of your court but centered on the wrongful actions of judges as Mr. Lane used his license to mislead and cause multiple miscarriages of justice by the 18th District Court, which you are a member
I have now learned the Supreme Court can be manipulated to render decisions as a Chief Judge of the District and a Senior Judge Court suggests to the appealant court. An appeal was refused by the Supreme Court to protect the blunders of a District Judges and a County Judge. The Judicial industry must protect the Judicial imagine instead of protecting the rights of the citizens against misconduct and wrongful abuse of a judge’s legal discretion.
Your involvement with Mr. Lane in this miscarriage of Justice will prevent you from ever being promoted to a District Judge position. A Judge at the district level has to be immune to the influence and controls by a lawyer like Lane. I have lost any faith of obtaining justice in your court so long as Mr. Lane is involved. His emailed threat against me told you what kind of lawyer Mr. Lane is when he threatens to put me under a bridge living out of a cardboard box. He can complete this threat only with the cooperation of Judges in County Court and District Court. I’m the one who need protection from the “Justice system of the 18th District Court of Arapahoe County.
Judge Rafferty’s District Court of Arapahoe County acting as an Appellant Judge committed blunders because he was lead by Mr. Lane. Mr. Lane actually controlled Judge Rafferty’s court orders by written lies in his motions, which Judge Rafferty blindly accepted. Lane proved his control over Judge Rafferty by getting an Order to refuse Carla Burneson’s appeal based on Lane’s lies. When Carla Burneson proved Mr. Lane’s lies mislead Judge Rafferty he had to vacate his Order. Judge Rafferty to protect Mr. Lane from being charged with fraud on the court refused to acknowledge Mr. Lane’s lies which mislead him in his Order to Vacant his motion and went all around the barn to vacate his order due to other reasons why he first denied Carla Burneson’s right to file an appeal. Now Judge Rafferty is totally prejudice against Carla Burneson and is out to get her for showing him up. Is this the qualities of a District Judge? Judge Rafferty needs to be removed from the bench without a pension.
Judge Cross you are now part of this growing sham that includes Judge Leopold and his actions to further hide the blunders of Judge Rafferty and Judge Ruddick. In the future you may have to take action to control the damage created by Mr. Lane in your court. You will rue the day you ever accepted Mr. Lane’s charges against Mr. Burneson. You were the only Judge in the County court system, which you are in charge of that would accept Lanes complaint. All the other Aurora judges under you refused to become involved. One of them may become a District Judge long after you retire in your present position.
Question when does this wrongful Order for a PPO become null and void? If you refuse to vacate the order due to the prior involvement with the issues of the Burnesons will it be removed by the fact the named parties, to be protected, as directors and Mr. Silva are no longer involved with the Dam East Homeowner Association? They would no longer need the extraordinary protection of a PPO, which is neutralized by my First Amendment Rights. I need an answer from your court to this question. Or does your PPO continue forever as punishment to Jim Burneson for daring to ask for justice in your court instead of Mr. Lane’s request to stop Burneson from “annoying” the board.
When will the 18th District Court realize they are protecting the lawyers and property managers that are raping and plundering the HOA’s of Colorado? With this protection tort twisters and property managers can use the HOAs as a money tree for their income.
I will prove lawyers like Lane and yes Ed Burns now Judge Burns developed a form of lawyer extortion in their collection of delinquent assessments while the Board of Directors were told by the same lawyers (Association) to look the other way and they did.
The irony of this story is the fact I appeared before Magistrate Lane for legal fees claimed by Ed Burns when he was the Association attorney for the Dam East Homeowner Association. Judge Binder of County Court of Arapahoe in Aurora had refused Mr. Burn’s request for legal fees claimed against Mr. Burneson by the law that a case that was closed cannot be opened to assert additional legal fees against the defendant. The statement by Judge Binder was “Mr. Burns you cannot collect legal fees from a case that has been closed.” So Mr. Burns was refused his legal fees against me in that court. Since Mr. Burns having a good friend who was magistrate in Littleton he filed for his legal fees in Magistrate Lane’s court.
Ex-magistrate Lane acting like a Supreme Court Judge stated he had for a long time considered this problem and welcomed the opportunity to rule on this issue. (I have the transcript and I will have it on the Internet). I had asked for a copy of Judge Binder’s court audiotapes where he stated to Mr. Burns “you can’t collect legal fees on a closed case.” Guess what that passage had been erased Nixon style from the Audiotapes. Judge Binder’s excuse was the recording equipment was poor and the transcriber missed that statement. That’s when I learned a litigate must have the right to obtain copies of the audiotape of a trial to prove the transcript is correct. (Judge Leopold has since issued an order to deny the public of any sale of audiotapes or floppies by a transcriber to protect judges who might edit their trial tapes. Judge Ruddick had lost three hours of the audiotapes of Carla Burneson’s trial and we were able to determine this loss of time by ordering copies of the audiotape before they were transcribed. Had we been denied this right Ruddick’s three hours of lost tapes may never have been found.
Of course Magistrate Lane granted Burn’s legal fees on a closed case because the greatest service a magistrate can provide his lawyer friends is granting legal fees for another licensed lawyer against a Pro Se who has the courage to dispute the action of the judicial industry. Then some time later Mr. Burns replaced his good friend Mr. Lane as Magistrate and the favors continue to be granted to other lawyers who now come before Judge Burns in Littleton Court of Arapahoe County for their legal fees, which may include issued on closed cases.
Another case involving Mr. Lane is in Judge Hannen District Court of Arapahoe County. Judge Hannen believes that if the actions of the directors and property managers are in violation of the covenants and bylaws they can be overlooked because the actions are an act of a convenience as a means of managing the HOA. This misinterpretation of the law means “convenience” overrules the law. Lane helped Judge Hannen to arrive at this abuse of his legal discretion. The directors and property manager can violate our HOA covenants and bylaws if they can prove it meets the test of convenience. This means we can throw out all our recorded rules of all the HOAs if convenience is to rule the actions of property managers as instructed by the lawyers hired to be the Association attorney.
Read my enclosed letter presented for publication by the Dam East Homeowner Association and you will get just the tip of the injustice and ramped malpractice of lawyers in front of incompetent judges who think they can rule the peasants of Colorado from their castle as in the 16th century. We are still peasants outside of the castle except there is no king or queen inside its lawyer and judges who report to no one especially in the appellant process.
I have two cases going before the Colorado Appellant Court wait until you see want they do to a Pro Se who questions the actions of judges and lawyers including one from the Attorney General’s Office. If one questions the church you may not go to heaven. If one questions the acts of justice then justice will be denied.
PERJURY IS NOT ENFORCE IN ANY CIVIL COURT IN COLORADO
The Appellant Court had refused my appeal of the trial I filed against the District Attorney of Arapahoe County for failing to prosecute perjury in a civil court trial by Judge Stuart. It was then I learned there has never been a trial for perjury in a civil court in the 18th District Court. EVER. That means lawyers and judges know perjury is accepted in civic court but the peasants don’t know it and we must not let the peasants realize when asked to swear to tell the truth and only the truth that means the peasants are held to this oath and no one else in court need to follow the truth in the trial. My opponent in this case was the retired District Attorney of 28 years Mr. Robert Gallagher. I should have know I could not win my case against the District Attorney of Arapahoe County. In this case I subpoenaed two judges to testify about the perjury in their court and they both lied on the stand under oath. What an eye opener that was to this peasant. (Judge Macrum and Judge Levi)
This fact that perjury is not prosecuted in civil trial was the advantage Mr. Lane has in his court appearances where he suborn perjury by leading his witnesses knowing nothing will happen to him for lying in court. The appellant court dismissed my appeal because we can’t have the judicial industry be exposed to the public as not insisting the truth be demanded in civil court. If the truth were to be achieved by prosecuting perjury in civil court then half the cases now pending in our over burdened court industry would be withdrawn. Problem half the lawyers would go broke and the legal industry has to protect their member’s income so perjury will continue to be allowed by the judicial industry. The lawyers have the keys to the castle and the peasant never have had access to truth in their civil courts. He who lies best wins in civil court in Colorado.
Judge Leopold to cover for the blunders of Judge Rafferty in secrecy dismissed Judge Rafferty and reassigned Carla Burneson’s appeal to Senior Judge Joyce S. Steinhardt. The peasants were not advise of this assignment and did not realize that an appeal refused by this newly assigned Senior Judge would get the case closed and thus hide all the wrongs committed by two Judges of the 18th District of Arapahoe County. The other card played in this game of justice was a Senior Judge, as an Appellant Judge’s recommendation to deny an appeal to the Supreme Court will cause the Supreme Court to accept the ruling because it is from a Senior Judge. The clerks at the Supreme Court will never overrule a Senior Judge’s Appellant Order it would be a political embarrassment to the Senior Judge. Being politically correct is more important than providing rulings based on Justice. I doubt Carla’s appeal was ever read by the high court other than by a clerk who stamped it denied to save a Justice the time to stamp it herself. The blind lady’s scales are uneven.
The appeal to the Supreme Court by Carla Burneson received very little attention once filed and after a decent time period it was denied and that should have been the close of this embarrassing miscarriage of justice. Transcripts are filed away and the public will not know what has transpired. Once again the peasants are kept under control by the castle in the distance.
This injustice is not going away. This and other correspondence and transcripts from various trials in the 18th District Court will be put on the Internet website at www.court-house.com, for the public to read. Mr. Burneson has tried to appeal to Mr. Wehmhoefer Executive Director and General Counsel for Commission, Colorado Commission on Judicial Discipline without success. I guess charges against a Judge have to reach a few degrees below murder before this agency will react.
In closing one of the biggest mistakes make by judges is when the employment of an attorney by a corporation is questioned the court must request that a corporate resolution be presented in the record to prove a contract has been completed for the attorney to represent the corporation in a trial. Judge Ruddick, Judge Rafferty, Judge Leopold, and Senior Judge Steinhardt, Supreme Court and now you Judge Cross refused this notice that Lane was never hired. An individual can hire an attorney by a handshake agreement but a corporation doesn’t have hands to make an agreement. Here again when an attorney is attacked by a pro se litigant in court the judge must protect the lawyer and allow a lie to be his defense when in fact proof of Mr. Lane being hired by the Dam East Homeowner Association has never been proven by any minutes of a legal meeting of the board. A fake contract with Patterson, Nuss & Seymour, P.C. was presented in Judge Ruddick’s court signed by Mr. Silva who did not have the authority to authorize the hiring as a single director. Yet the contract was never signed by the law firm or dated. It was good enough for Judge Ruddick and because of his approval all the other judges name herein passed on this lie. The law firm is liable for this action and will be held accountable in future litigation. Patterson, Nuss & Seymour, P.C. knows they have never been hired other than by State Farm Insurance Company. Lane’s explanation in court was “If I wasn’t hired I wouldn’t be in court today.” Who needs proof of employment when a lawyer can lie in a trial and the Judge overlooks licensed lawyer’s misrepresentations?
The other major need to be corrected is to stop all ex parte communication between lawyers and the judges. This violation is way out of control to the point a judge and a lawyer will have to be disbarred to set the example to stop a lawyers from coaching a judge on how to run his court as Mr. Lane has done.
In this peasant’s opinion the 18th District Court may not be any different from other Districts, which is a real problem for Colorado Judicial Industry.
The judicial industry must sacrifice justice to protect the lawyers and judges who are running this state from the courts, state legislature and both parties.
So Judge Cross welcome to the litigation in year 2005. I will be filing new litigation in the 18th District Court of Arapahoe County and I wonder who the judge will be? We are going to meet again and Mr. Lane will be involved. I expect an answer to my statement that you had no business being the judge in a PPO action requested by Mr. Lane. I do want an answer to my demand you recuse yourself and then you will order the PPO be vacated?
Just learned Mr. Lane has issued orders to the Board of Directors of the Dam East they are to close their emails and refuse any correspondence from Jim Burneson. This was the same request he made of you in the hearing on my annoying the Board of Directors. He requested you order Mr. Burneson to send all correspondence to his attention and he would censor my messages and forward only want he approved on to the directors. As I remember you refused to grant this order because you said you didn’t have the authority to grant such a request. You did say to lawyer Jake Hummel and Lawyer Lane that I have the right to send emails to the board and attend board meetings and speak at the meetings as per the First Amendment. Well It seems Mr. Lane has found some other authority who has granted his right to censor my first amendment rights. It might have been GOD or his mother or wait a minute it might have been Mr. Patterson of Patterson, Nuss & Seymour, P.C.
Mr. Lane has till Friday this week to rescind this effort to censor Jim Burneson freedom of speech. If he doesn’t comply and give written notice that He no longer has any authority to demand Mr. Burneson’s correspondence be forward to him we are all going to be in your Court for your explanation of what my rights are with regards to freedom of speech. I will also expect you will be testifying at Mr. Lanes Disbarment before the Supreme Court. You might even use some of your illegal ex parte phone call and talk to your friend Mr. Lane about his future. Mr. Patterson might like to hear from you also. ALL OF THIS COMMUNICATIONS, TRANSCRIPTS, LETTERS WILL BE ON MY INTERNET WEBSITE FOR ALL TO READ. I HAVE A WAY TO ATTRACT ATTENTION TO THIS SITE BY THOSE LAWYERS, JUDGES AND INSURANCE COMPANIES WHO WILL BE INTERESTED IN THE EX-MAGISTRATE LANE. Just curious why did Lane get fired as a Magistrate after only a year and a half?
Jim Burneson Pro Se
12641 E. Bates Cir
Aurora, CO 80014
303-750-1500
Fax 303-283-4603
Cc Chief Justice Mary J. Mullarkey Supreme Court
Chief Judge Leopold Arapahoe County
Patterson, Nuss & Seymour, P.C.
Governor Owens
Jeff Weist Executive Director CCJL
Judge Mark Hannen, District Court of Arapahoe County
Jake Hummel Esq. President Dam East Homeowner Association
Richard A. Wehmhoefer Executive Director and General Counsel for
Commission
Colorado Commission on Judicial Discipline
Richard Johnston, Attorney for Dam East Homeowner Association
State Farm Insurance Company
Tom Morgan 18th District Performance Commission
Listed on the Internet for public review at www.court-house.com.