WHAT PART OF “WRONG” DON’T THEY GET?

NEW NAME, OLD OWNERS, SAME STORY

The saga of reforming the probate courts in Arizona is focusing on Maricopa County lately.  The anger families and victims of the court ordered abuse are feeling has reached a fever pitch and came to an interesting point earlier this week.  This is from a website dedicated to Arizona Judicial Reform:  “The Hits Just Keep On Coming…OR…How to Legally Abuse, Extort, and Violate the Law While Making a Fortune!”  The current practices are anything but our finest hour and do not resemble “justice for all”.  It is worth reading.

 BLAST FROM THE PAST

It seems Judge Donohoe, of Andy Thomas fame, has his hands all over this charade of justice called “probate”.  He was charged with corruption and bribery by Thomas.  Of course, Donohoe suggested the role of the judiciary was sacrosanct and adamantly admonished the County Attorney for even suggesting that he would impose politics into his rulings.

He has become a sort of cult figure for some who opposed Thomas and holds a similar level of oppositional esteem by those who see him as the poster child for judicial arrogance.  Watching the video below of Donohoe in action will certainly improve the ranks of the latter group.

Well, it’s interesting how things in life have a way of taking a turn.

Background: an adult was ordered by Donohoe to be evaluated to determine competency by a physician of the courts choosing. Never mind no evidence was ever presented to the court indicating he was incapacitated or that he was sitting in the courtroom demanding this stop, or that this private citizen had a long time, well-known and highly respected physician who was prepared to testify to his competency.  There was, however, admitted hearsay of a distant relative…what ever happened to the “clear and convincing evidence” standard?

So, the attorney of this private citizen, whose only wrongdoing was having the combination of money and maliciously greedy relatives, asked via subpoena for the Dr.’s involvement in prior cases with the court and previous rulings.  Is she fair and equitable or does she make her living with these reports and declares 90% of her cases as incapacitated?  Hey…makes sense to ask.

The Dr. immediately resigned from the case.  Judge Donohoe didn’t like it that his ‘go-to-girl” for competency matters was miffed. 

So, being the purveyor of all things truthful….he did what he had previously declared to be an affront to justice.  He had their lawyer arrested in court.  How dare anyone question his hand-picked expert? He demanded the attorneys disclose information that falls under attorney-client privilege.  The first guy up refused.  Pink handcuffs and off to jail for him.  

Say, hey Judge, whatever happened to ARS 12-2234

  • 12-2234. Attorney and client
  • A. In a civil action an attorney shall not, without the consent of his client, be examined   as to any communication made by the client to him, or his advice given thereon in the course of professional employment.

Apparently Judge Donohoe doesn’t need no stinkin’ statutes!  Watch the videos …. video 2 has the arrest of Joel Sannis, video 9 is attorney Sandy Slaton giving him heck!  All the videos are chilling.  To imagine in a court of law, in the USA, a private citizen can have their attorney arrested and held in jail for failing to disclose to the judge who said what in developing the case.

How much was that lawsuit Donohoe filed against Andy Thomas and what was it for?

WHOSE GUARDING THE HEN HOUSE?

While we are on the subject of The Honorable Judge Gary Donohoe, he is not the only Donohoe to be employed by the Maricopa County Courts.  Sean Liam Donohoe was sworn in as a deputy of the court on 6/28/10 .  Don’t they do background checks? 

http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp CR2007-006149-001.

 

Kyl to retire: Let the Stampede Begin

Politico.com is reporting Senator Jon Kyl, the second ranking GOP  Senator, will not seek re-election.  Speculation has been mixed on whether the junior Senator of Arizona would retire with the possibility of a GOP led Senate in 2012.

This opens the door for the bevy of potential candidates, from both parties, to start their races.  Will the remnants of 2010 be enough for JD to jump in or was he too damaged?  Is this the time for Shadegg to return to office or will Flake give legs to the talk that he is waiting for the chance to move over to the “other” chamber?

On the side of the Dems…it is a safe bet Nappy stays out.  Her polling numbers are abysmal.  What about Glassman, Chernei, will Kirsten Sinema use her Sunday Square Off residency to jump up a notch?

What say you?

One thing is for sure…2012 starts today.

PRESS RELEASE: HB2424 Legislation Introduced to Reform Probate Court

Press Release

FOR IMMEDIATE RELEASE

January 20, 2011

Arizona could become National leader with new laws

 January 19, 2011-Phoenix, ARIZONA – Following multiple reports of devastating abuses involving Arizona probate court,   Arizona State Representative David Smith (R – Carefree) sponsored legislation that would make Arizona the nation’s leader in judicial probate reform.  House Bill 2424 seeks to remedy rampant financial exploitation and abuses by Arizona’s probate court-ordered fiduciaries and others in the court system. The concerns over probate abuses have been widely documented in the media and in a report to the United States Senate submitted in September 2010.

When asked about his motivations, Representative Smith shared in an interview with the Arizona Republic’s Laurie Roberts: “I was concerned about the articles I read in the paper, some of the abuses that you point out.  In fact, I knew some of the people involved in one case.”

Sherry Lund, who is advocating for HB2424 said, “We are fighting for probate reform so no other Arizona family will suffer from the horrific abuses in the current system.  Such reform is overdue and new laws are the solution.”

HB2424 will become the national standard for probate reform.  The current draft includes:

  • Improving oversight of probate court system by establishing an advocacy panel appointed by the Governor, Speaker of the House of Representatives, and President of the Senate. 
  • Allowing wards, or their families, to request a change of fiduciary annually.
  •  Protecting financial interests of persons in probate by “capping” certain fees while requiring the court to establish a fee schedule for others.
  •  Developing stronger fiduciary accountability by requiring a monthly accounting of expenditures.
  •  Ensuring the civil liberties and wishes of the ward are upheld and respected.
  •  Implementing stricter qualifications for probate judges.

 One of the key pieces of the new bill is the ability to replace the court appointed fiduciary annually. The case of Marie Long has been one of the most egregious stories of exploitation. When Mrs. Long was placed under the care of a court appointed fiduciary she had a $1.3 million estate, yet it was completely depleted within 4 years leaving her penniless and dependant on the state.    When asked about the provision to allow for a change of fiduciary, Jon Kitchel, attorney for Marie Long said if it includes trustess, “Unquestionably, she’d still have her money.”

Laura Knaperek, who is working on behalf of victims of probate abuse said on the bill being introduced, “At the end of the day, probate court is about families.  If abuses are occurring in the probate system, families are suffering.  This legislation is an important first step towards protecting families.  I’m very honored to work for HB 2424 with Representative Smith and the other co-sponsors.”

COURT ORDERED THEFT: Expect to be outraged!

THE SAD TRUTH ABOUT ARIZONA PROBATE COURT

For most Americans, the concept that the government could take control of your life, seize for redistribution all of your assets, and deprive you of the comfort of family and friends while doing so is beyond a Kafkaesque notion. The court ordered control of lives, destruction of families, elimination of personal wealth, and the complete disregard for individual directives is happening.  These are not isolated cases of bad people, mismanaged funds, or folks with duplicitous intent looking to surreptitiously get rich quick off of Grannies life savings…there are many cases of full blown, court ordered removal of Constitutional rights, personal directives being ignored, families drug though years of legal wrangling based on hearsay without the benefit of evidence, and nothing short of legal thievery.  The families fight back at great personal cost and suffer at the hands of the courts in ways most citizens would never believe…until you see it for yourself. 

There is a storm building of moral outrage.  Families being torn apart, lives shattered, and the best laid plans of loving and caring spouses, parents, and children being ignored.  The collusion that is taking place between the courts/judges, the fiduciary agents, and probate attorneys could make organized crime syndicates look weak in comparison.

This coming storm is not to be ignored.  Here is one story…the first of many.

HORNE FORSEES NINTH CIRCUIT PARTIALLY OVERRULING LOWER COURT ON S.B. 1070

Press release
For immediate release

PHOENIX – Republican Attorney General nominee Tom Horne, who attended today’s U.S. Ninth Circuit Court of Appeals hearing regarding S.B. 1070, believes at least part of the lower court ruling vacating portions of the law will be overruled.

“Before these arguments began, there was much discussion about the three judges, who is on the left, the right and in the middle,” Horne noted. “Regardless of those considerations, I believe the three judges will unanimously overturn Judge Susan Bolton’s earlier decisions on S.B. 1070 in regards to Sections 2 and 6, but not Sections 3 and 5.”

Horne explained, “On the merits of Section 2, which is the language that requires local law enforcement to make inquiries of Immigration and Customs Enforcement, Judge Bolton ruled that such language was an undue burden on ICE. But it is clear to me this panel will unanimously overrule her and will rule that the federal government is obligated under statute to respond to inquiries of local law enforcement.”

He added, “Section 6 deals with warrantless arrest of a suspected illegal who has committed a crime that is a ‘removable offense.’ The Ninth Circuit panel believes this is a law that could be applied in a way that is unconstitutional, but could still be applied in manner that is legal. The court challenge in this instance is called a ‘facial challenge’ which means if there is any way to enforce the law legally, the challenge should fail. For that reason, I believe the Court will unanimously overrule Judge Bolton on Section 6.”

Horne continued, “In regards to Section 3, which is the documentation requirement, the judges said Arizona may not add to the federal law that requires legal aliens to carry documentation of their immigration status. If the lower court ruling is upheld, the state would argue before the U.S. Supreme Court that the state and federal requirements are the same.”

Horne concludes, “With respect to Section 5, which concerns employment of illegal immigrants, the Court will likely rule against Arizona because the Ninth Circuit is bound by an earlier ruling by another three judge panel from the Ninth Circuit. This argument would have to be appealed at the U.S. Supreme Court.”

###

Tom Horne in the Media from San Francisco

The Jay Lawrence Show on KTAR – Click here to listen live.

KPHO Channel 5 – Click here to read.

AZ Central / Arizona Republic – Click here to read.

12 News – Click here to read.

FIGHT BACK ARIZONA

The Constitution is under attack from the Federal Government.  The rights of states to make laws and determine, as authorized by the 10th Amendment, how to govern is at risk. 

 Immigration, Healthcare, Cap & Trade, Gun Rights, Education, Taxation….

The frontlines of the battle will be the courts and the fight has already started.  Arizona may be the identified defendant before the courts at the moment but the every state in the union will be affected by the outcome. 

America must win and Arizona is the first line of defense.  The erosion of our rights, bit by bit, one by one cannot be passively allowed.  We must be prepared to fight back using the legal rights we still maintain…that requires a strong and capable Attorney General who is willing, ready, and able to do the job!

This is not the first time the rights of states over an encroaching federal involvement have been tested.  It is not the first time Arizona has had to fight back or the first time a Democratic Arizona Attorney General has refused to defend Arizona, instead siding with the interests that run counter to the majority of voters and the United States Constitution.

Arizona and America won then…and can, again.

So, who accepted the battle?  Who stood up for the rights of the state when the Democrat AG refused, someone elected and paid with tax dollars to defend us but chose to turn his back on Arizona…who took up the fight?  Who won the battle on behalf of Arizona, on behalf of the Constitution?

TOM HORNE

Tom Horne took up the fight that years of Democratic AG’s would not…the battle over how our tax dollars would be spent to educate English Language Learners, saving the state over $300 million dollars. Tom Horne accepted this decades long fight and prevailed.  He fought back against the special interests, the Ninth Circuit, and the Democratic government political machine, never backing down, never giving up. 

Tom Horne prevailed in the Unites States Supreme Court, on behalf of Arizona, preserving the Constitutional rights of all states. Judge Alito wrote the majority opinion and made it very clear, this was an extremely important 10th Amendment victory!

http://www.supremecourt.gov/opinions/08pdf/08-289.pdf

With the recent and upcoming Ninth Circuit activity; ruling on Arizona’s Voter Identification Law this week and the upcoming SB 1070 Hearing next week and with the likelihood of a challenge over government mandated health care,

Tom Horne is uniquely qualified for the current demands of Arizona Attorney General.

TOM HORNE IS THE RIGHT PERSON AT THE RIGHT TIME.

Is Rick Romley attempting to sabbotage Bill Montgomery?

First of all, I make no statements to the guilt or innocence of any police officer.  This is very much not about that, it is my hope that in time the full truth will be told and justice will be served.  Justice.  Interesting concept.  With that said…..

Rick Romley is a lame duck Interim County Attorney.  He had his wings clipped by the voters of Maricopa County, the area he actually serves and by which he is employed.  His opposition to SB1070 was not lost on voters.  He was soundly defeated, embarrassingly so, by Bill Montgomery in a primary with an empty Dem slot on the ballot.

Now, Mr. Romley has gone to the grand jury procuring an indictment against a Phoenix Police Officer accused of 2nd degree murder, in a short one week after the incident.  A week filled with Hispanic activists blaming the shooting on race…and race alone, calling for murder charges.   Nightly their drama played out at 5, 6 and 10 with local TV giving a sounding board for their anger.  All 25 of them which eventually grew to about 100.

Romley felt he had sufficient evidence to go forward.  In one week.

Was there a completed investigation?  What is the Police Standards Bureau saying about the shooting?  Any experts involved?  What was the rush?  The officer is off the streets.

Are Romley, and his sidekick Jack Harris, merely playing politics with the handling of this case?

Romely is done.  He is out of office in a little over 2 months.  Word is that he is still very angry about his defeat.  It will be Bill Montgomery who will have to prosecute this case.  It is Bill Mongtomery who will have to decide how to proceed after a complete investigation is provided.  Bill Montgomery, the guy who won the election Romley felt was his.

If the evidence should suggest that there was no crime at all…that the officer was fully justified in his use of deadly force…what will the Carlos Galindo crowd do then?  What sort of outrage will be allowed to build as the months go by and they fan the flames of race based anger?  Will the story line be the SB1070 supporting County Attorney lets this case go….or that justice was served?

Romley is playing to the Phoenix voter.  The Phil Gordon, sanctuary city, voter.  He is certainly working the crowd of Hispanic activists, as is Harris.  Interestingly, the Mayor’s race in Phoenix has no front runner and Romley will be out of a job soon.

Mayor  Romley of Phoenix?  Nah…a better idea is to go into private practice with a like minded attorney.  I can see it now…Romley & Woods, PC.

YOU KNOW IT WHEN YOU SEE IT

Racism.  What is it?  Who is it? 

Do you know it if you see it?

In most cases, if you aren’t sure of something, baby boomers like me do what were taught…we look it up.  In the 1940’s, 50’s, 60’and 70’s, that meant a dictionary or encyclopedia.  Now…we have “Google” and the Internet.  The term “Google it” has become the culturally ubiquitous meaning for cyber research.   My, how our culture has evolved in the last 60-70 years!

Or have we?

Back to the topic….

Wikipedia defines racism:

Racism is the belief that the genetic factors which constitute race are a primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race. Racism’s effects are called “racial discrimination.” In the case of institutional racism, certain racial groups may be denied rights or benefits, or receive preferential treatment.

So…believing that genetic factors determine the inherent ability of an individual or if choices are based on those genetically determined racial differences…it would fit the bill for racism.

Of course it would!

Really?  So anyone can be a racist?  Racism isn’t limited to one group or defined sub-set of people?  It isn’t limited to majority over minority?

That would mean, if someone gets a job, a raise, college admission, or even a better table at the restaurant because their skin is of a certain color, in the existence of others equally or more qualified of a different color, it is a racist decision?

That would mean ANYONE who is subjected to preferential, or derogatory, treatment based on race has been the victim of racism.  Someone better tell Al Sharpton.  Send the memo to Rick Romley, Jack Harris, and Carlos Galindo while you’re at it.

There are still those who “look it up” in their full set of the Encyclopedia Britannica, with the hard, cracked, yellowing cover and volumes of obsolete information.  But, that is what they know and on what they base their information, no matter how irrelevant it may be today.  It serves their purpose, even if it is unnecessary and does not procure the best result.  In fact, it probably gives the holder of such beliefs a false sense of knowledge that is based on old, out-of-date, and possibly misleading “facts”.   

This is 2010.  Internet, Barrack Obama, Sarah Palin, cell phones; diversity and intellectual advancements abound.   

Prop 107…you decide.  But if you don’t know what Prop 107 is, you won’t find it in your Funk and Wagnall’s….that was then, this is now.

Arizona’s very own Barney Frank…Felecia Rotellini

Way back before every American could tell you which house on their block was, or is, a foreclosure. Back when people believed banks were good and owning a home was the epitome’ of the American Dream…there were warnings.  Public warnings, on May 26, 2006 Senator McCain spoke out as part of an effort to prevent the worst economic disaster since the Great Depression.  Barney Frank, the holder of the keys to The House, ignored it.  There were other things to do.  Frank, a liberal Dem, used lots of trick to diminish the importance of those warnings while taking loads of cashola, in one way or another, for his efforts.   

All this while in Arizona, Rotellini was doing her own Barney Frank act, ignoring a very well documented account of fraud from a very well respected source.  She was too busy building her political capital.   

She, like Barney Frank,  was focused on feathering her own nest while thousands of Arizona citizens were losing theirs.

 

 
 
Press releaseFor immediate release

ROTELLINI’S NEGLIGENCE & INACTION LEADS TO PEOPLES’ LOSS IN LIFE SAVINGS

PHOENIX – The Tom Horne for Attorney General campaign has released a video detailing Felecia Rotellini’s negligence as a state banking regulator.  She was warned in a detailed letter in 2006 that Mortgages Limited was engaged in possibly illegal financial activity.  She did nothing, and two years later, in 2008, the warnings proved accurate and Mortgages Limited went bankrupt.  Thousands of Arizonans lost a total of more than a billion dollars because Rotellini sat on her hands when she had the chance to act.  By contrast, Horne has defended Arizona taxpayers, most notably in the Horne v. Flores case in which $300 million was saved because he took action on behalf of the citizens of Arizona.  Rotellini’s record suggests that she does just the opposite.

 Click here to watch the video or go to http://www.youtube.com/watch?v=owj2BXZEpfs.

 Click here to view the warning letter to Rotellini’s Office or go to http://www.electtomhorne.com/mortgages_ltd.pdf.

 

 

Union Supporting Rotellini Recruits Drug Dealers

The union supporting liberal Dem Felecia Rotellini for AG, the United Food & Commercial Workers (UFCW), is recruiting drug dealers in California, the marijuana sellers and growers legalized by that State’s medical marijuana law, into the union. The UFCW, which called for a boycott of Arizona when SB1070 was enacted, has contributed thousands and thousands of dollars to Rotellini’s campaign. When Tom Horne called upon Rotellini to refund the UFCW’s contribution, and reject that union’s support, Rotellini refused. 

Today, Horne said:

Enough is enough. Rotellini should refund UFCW’s tainted money for two reasons: they are actively recruiting marijuana sellers and growers, and they have called for a boycott of Arizona. Rotellini should reject this effort to turn Arizona into a satellite state of California.’”

A news report from Work in Progress stated:

First, the United Food & Commercial Workers unionized some medical marijuana workers in May as part of an effort to bring “legitimacy to a once-hidden sector of the state’s economy” and boost the marijuana-legalization initiative.

Shortly afterward, the UFCW endorsed Proposition 19, stating:

The marriage of the cannabis-hemp industry and UFCW is a natural one,” said [UFCW local 5 president] Rush. “We are an agriculture, food-processing and retail union, as is this industry.”

The people of Arizona need to…just say NO TO ROTELLINI!