Pike County Injustice Files

2007 OIG report on abuses by KY social workers.

2011-02-12T08:25:00.003-05:00

2007 OIG Report

I am starting the Pike Injustice Files back up. I am embarrassed to say that some of the prior posts look so amateurish. However, considering everything that I have been through that is no surprise. Between a malicious criminal charge that went on for nearly a year before the Pike Grand Jury refused to indict me, while at the same being denied civil rights in the KY Family Courts by a judge who didn't even have jurisdiction, and who also declared me a domestic violence offender for marching in public with a sign, later vacated. Oh, also at the same time a Pike County Social Worker put me on the child abuser list without ever telling me about it. When I found out months later from an anonymous internet posting; I subsequently won two separate administrative hearings against the Cabinet and had my name removed.

It has come at a high cost. However, the harm has never been rectified, but I know I will eventually be vindicated. Above is a report I obtained along the way. I encourage all to download it and read it. Proverbially, throw it in the social workers and their supervisors face. For everyone out there who has been harmed by CPS and Family Courts; lets change these corrupt systems so other parents and children will not be harmed. Let not the harm done to us be in vain.

Pike County Circuit Clerk; Failure to maintain records.

2007-03-05T10:01:00.000-05:00

The Pike County Circuit Clerks office has failed to maintain the security of official court records in my cases. The next few posts will be highlighting the numerous irregularities.

In August I requested video taped copies of all hearings in my circuit court files. I only received a copy of two hearings.

A mini dvo hearing took place in the case of 02-D-202-003, a Pike County case being heard in Floyd County in front of special Judge Julie Paxton. This was the first of the dvo hearings, of which I was convicted by Judge Paxton but was subsequently declared innocent by Judge Preston in December of 2006. This first hearing took place on May 3, 2006. It is missing from the Official Court Record.

A mini dvo hearing also took place on May 10, 2006. It is missing from the Official Court Record.

The actual hearing dvo hearing took place on May 24, 2006. The video is missing from the official court record, though a video log was forwarded to the Pike County Circuit Clerk.

A child support hearing took place on July 12, 2006. It has disapeered from the official court record.

Thats four missing video tapes. There are possibly more because I have not requested copies of hearings after August 22, 2006.

Again, I have contacted AOC about the missing video tapes. The letter from AOC, which can be found at the document page states that AOC is merely a service organization for Judges and Circuit Clerk and has no supervisory investigative duties when private citizens allege malfeasance by circuit clerks.

Does AOC have a grievance procedure against Circuit Clerks?

2007-03-03T20:25:00.000-05:00

There are numerous irregularities with my official court records being maintained by the Pike County Circuit Clerk. For example, there are missing video tapes of official court hearings. The Judge of these hearings, Julie Paxton was having her court administrator serve as the official custodian of these records. I will be posting in the future copies of the records which will show there are missing and altered documents.

Meanwhile, I have noticed the Administrative Office of the Courts and the Pike County Circuit Clerk that there are missing and altered official court documents.

What was the reply from AOC, the only agency in the Commonwealth given authority to supervise Circuit Clerks by the Legislature? A legal assistant wrote that the AOC is a "service agency for judge and clerks of the Court of Justice." "[AOC is] sorry that we are not able to provide any further assistance to you".

What bull!! To comply with the First Amendment of the Constitution, AOC has to have a grievance procedure for citizens who have complaints against Circuit Clerks. I have filed an open records request with the acting director of AOC asking for copies of the grievance procedure. It will be quite interesting to see what the response is.

The following documents are referenced in the Pike County Injustice Files Documents; Nov.27-2006AOCLetter, Sept.1-2006LettertoPikeCountyCircuitClerk, Feb.27_2007OR2AOC.

New Open Records Request

2007-02-28T10:17:00.000-05:00

The Pike County Attorney wouldn't prosecute his friend and local attorney Jonah Stevens for child support. So in exercising my First Amendment Rights, I filed a greivance against the Pike County Attorney with the Attorney Generals Office.

I knew to do this, because Chief Justice Lambert website at the AOC said this was the proper thing to do.

So within days, I received a letter from Stumbo saying he didn't have intention or jurisdiction to do anything about the Pike County Attorney. (the Pike County Attorney, Keith Hall is a Stumbo Campaign Contributor)

Only days after receiving the letter, Hall had his office type up a felony warrant for my arrest even though Pike County didn't have jurisdiction for the alleged crime.

Later, in October I filed another grievance about Hall concerning the arrest with the Attorney Generals Office. This time I hand delievered the grievance personally to the Prosecutors Advisory Council. This time, the attorney generals office admitted jurisdiction by taking the grievance in front of the Prosecutors Advisory Council.

They still didn't do anything, they were going to let the Judge in the case take care of it. Okay, if you know anything about the civil rules of procedure, you understand that the Judge cannot conduct an investigation of a prosector.

BUT!!!!! There were two complaints, both which were given two separate and different procedural treatments.

Blacks Law Dictionary defines due process as "[t]he conduct of legal procedings according to established rules and principles for the protection and enforcement of private rights."

This open records request consists of one document; the written copy of the due process procedure for grievances filed against prosecutors. Now lets see if Graham answers.

A copy is located in the Document blog titled Feb.27-2007OpenRecords2PAC

Yes, its the same Greg Stumbo.

2007-02-27T14:05:00.000-05:00

From the Louisville Courier Journal
http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20070227/OPINION01/702270361

"It's not just more political name-calling. It's a serious matter that raises legal questions. Somebody should investigate." (Hello??? How many months have I been posting on this site for Stumbo to be investigated?)

"Two Kentucky labor leaders report that Attorney General Greg Stumbo threatened them and their members for refusing to endorse him and his running mate, Bruce Lunsford, in this year's governor's race. Mr. Stumbo acknowledged making the phone calls but denied the threats." (Just like the implied threat Stumbo made against me in his letter to Pike County Attorney Howard Keith Hall)

"It's also consistent with the self-absorption that Mr. Stumbo exhibited in prematurely ending the merit hiring case. Having slugged it out in court with Gov. Ernie Fletcher over his administration's real, calculated and shameful assault on the merit system, which the Governor had promised to protect, Mr. Stumbo then cut a deal that sacrificed the public interest but served his own in running for higher office." Now if only the House of Representatives judciciary committee would act on the impeachment I filed against Greg Stumbo; they are on notice and forwarned.

Pike County Politics/Floyd County Politics?

2007-02-01T08:13:00.000-05:00

If you check out the links at the side to go to the Pike County Politics page, you will see that all the information on Pike County Politics has been taken down. I don't know the cause. If somebody does, please comment or send me some email.

It's strange that two websites vocal on politics in eastern Kentucky have been removed within a week of each other. One can only speculate that this could have something to do with the upcoming primary's in the spring. Who knows? I hope it's only a coincidence and not some type of censorship going on.

I, myself have not been posting alot, but thats because I have been busy sneding out documents to appropriate authorties. Also, the Kentucky House of Representatives meets on 2/9/2007. My petition to have Greg Stumbo and Howard Keith Hall impeached will be given to the committee on committees. At that point, it goes to one of twelve standing committees. Thats keeping me busy too.

And I want to thank everyone for their prayers and support. The truth be told, its only through God's grace that I have made it this far. And through His grace, I will suceed.

East Ky Forum?

2007-01-28T15:34:00.000-05:00

I have gotten some email requests on the status of East Ky Forums. Along with everybody else, I haven't been able to access that web site either. If anyone knows what the situation is with the site, please let me know so I can post that info for readers of both the this blog and the forum.

Stress And Stats.

2007-01-07T08:53:00.000-05:00

Stress is making me sick. Looking back at all the events which occured during 2006, its little wonder that I am catching every little virus that comes along. Add that to the holidays, and waa laa . . .. very few postings. However, some individuals keep coming back to my blog even when there is nothing new on it.

For instance, take individuals in the state government. Some Frankfort state employee spent a total of 39 minutes on my blog last Friday. I have other state employees who visit too, from Frankfort and La Grange.

Then there are my frequent fliers; Fort Lauderdale, Tram, Greenville, Finchville, Bolingbrook, DC, Printer, AOL, and Louisville. Thank you guys for keeping my stats up. The question I have to ask you however, is why are you so interested in my blog? Especially since there hasn't been anything new on it for quite some time.

Click on the site meter box at the bottom and see for yourself how many people visit and revisit this blog, and their locations. (And by the way, I had my own ip number blocked as to not skew the results).

Happy New Year

2006-12-30T13:15:00.000-05:00

Behold, I make all things new.
Revelation 21:5

2006 was a year of change and growth. Like a teen whose legs hurts because they are growing too fast; this year held tremendous changes for me which at time were frightening and painful. But 2006 is fading and a new year approaches.

Most everybody has heard the quote that whatever a person sows, so shall they reap. The key to this verse is understanding that sowing and reaping never occurs within the same season. 2007 is a new year, a new season; God has promised that He shall make all things new. In doing so in this new year, whatever things we planted last year shall be reaped. Happy New Year.

A Sick Mind Indeed

2006-12-21T08:07:00.000-05:00

What type of sick freak writes to his ex's wife preacher and tries to poison the preacher against her?

For the most part, I have not posted much about my ex husband Jonah Stevens. Which has been tough because attorney Jonah Stevens has been the one instigating the civil rights abuses against me.

But I just can't resist posting this latest from his attorney. Please note, I believe that Jonah wrote it, and his de facto law partner just signs off as if she sent it.

Since I don't drink, do drugs, whore around, or abuse my kids; my ex was left with alleging that I am mentally unstable. But after read the latest written by him/his attorney you will know who the really psychotic person is.

The Petitioner is Jonah Stevens and he even swears by his statement.
a href="http://bp0.blogger.com/_Vkn9uaqD1t4/RYqL2MXMjeI/AAAAAAAAAAs/5MGtEaY8Or0/s1600-h/Dec6.jpg">

As you see, after Jonah types it and signs the statement on Dec. 6, his de facto law partner signs off on it Dec. 8. While she claims a different address and phone number, Kim Thompson does in fact work out of the office of Hamilton & Stevens.

But the envelope really says who its from; Hamilton & Stevens PLLC, which is of course Jonah Stevens.

The Envelope shows also how he purposely sent it to the wrong address. Stevens was attempting to get this before the Dec 12th hearing. While the Court recieved before the hearing, I did not get until after. Not that it mattered . . .

The new unbiased Judge vacated the DVO against me. The new Judge even said that Attorney Jonah Stevens, didn't even make sufficent allegations on the EPO for the DVO to be issued in the first place.

Boy, the COA's are sure piling up.

ContinuedX2

2006-12-06T12:08:00.000-05:00

I was confused and furious at Pike County Assistant Attorney Kyle Deskins' Motion.

Not only had the office filed it without ever speaking with me, there were inaccuracies. Also, I wondered how Deskins knew the children didn't have insurance, when in June of 2005, as I filled out the forms I stated the children DID have insurance. (I only became aware they didn't have insurance in November.)

So if I didn't know in June, and Deskins' motion was solely based on the information I provided in June; is he Psychic? How did Deskins know that my children didn't have health insurance?

Or did Attorney Jonah Stevens have an ex parte communication with his lifelong friend Pike County Attorney Howard Keith Hall and ask Hall to have his office to deny his ex wife child support services?

Yes, Attorney Jonah Stevens and Pike County Attorney Hall have been friends since childhood. The question is whether this creates a conflict of interest for Hall which violates the Kentucky Rules for Professional Conduct.

SCR 3.130(1.7) Conflict of interest: general rule
(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless:
(1) The lawyer reasonably believes the representation will not be adversely affected; and
(2) The client consents after consultation. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.

COMMENTARY on SCR 3.130(1.7)
Loyalty to a Client
[1] Loyalty is an essential element in the lawyer's relationship to a client. An
impermissible conflict of interest may exist before representation is undertaken, in which event the representation should be declined. Other Conflict Situations
[10] Conflicts of interest in contexts other than litigation sometimes may be difficult to assess. Relevant factors in determining whether there is potential for adverse effect include the duration and intimacy of the lawyer's relationship with the client or clients involved, the functions being performed by the lawyer, the likelihood that actual conflict will arise and the likely prejudice
to the client from the conflict if it does arise. The question is often one of proximity and degree.

Given a plain interpretation of the above Ethic rules; Pike County Attorney, Howard Keith Hall clearly violated Kentucky SCR 3.130(1.7) when he had his child support division to refuse to interview and process child support against his personal friend Stevens.

Moreover, I am not the only individual he has done this too.

In the June 6, 2006 Appalachian News Express, another single mother was having trouble getting child support. "[A]ccording to Marjie Coleman," caseworker with the Pike County Attorney child support division, this single mother's "case is just one among thousands of cases that the Pike County Attorneys office is dealing with, and some people owe more than $15,000 in child support." See http://www.news-expressky.com/articles/2006/06/03/other/02child.txt

Ms. Coleman goes on to state that she does not have enough employees, which is why there are so many cases.

BULLCRAP! There are at least eight caseworkers and three assistant county attorneys which could handle the caseload. The reason there is a backload of THOUSANDS OF CASES in Pike County, and some of them over $15,000 dollars, is that

PIKE COUNTY ATTORNEY HOWARD KEITH HALL IS PURPOSELY DELAYING CHILD SUPPORT ENFORCEMENT AGAINST SOME INDIVIDUALS FOR POLITICAL GAIN.

This heinous fraud being perpetrated by Pike County Attorney Hall was reported to the Kentucky Attorney General Greg Stumbo for investigation.

Attorney General Greg Stumbo's reply to me on this was that the Attorney Generals office "has no intention or jurisdiction to interject itself into the matter" [or investigate]. And Stumbo went on to tell Hall, "we want to inform you that this office stands ready to assist you in any way we can".

Can you believe this? Attorney General Greg Stumbo is saying that his office doesn't have the jurisdiction or intention to investigate fraud and corruption in the Pike County Attorneys office? Moreover, the Attorney Generals office "stands ready to assist [Hall] in [covering up the corruption]".

Is this quite incredulous? Yes. However, the reason Stumbo is refusing to investigate Hall has nothing to with jurisdiction. It has everything to do with Campaign Contributions and the political good ole' boy network

Pike County Democrat Leader Howard Keith Hall is a campaign contributor to fellow democrat Greg Stumbo. Not only is Greg Stumbo himself, a deadbeat dad refusing to acknowledge and pay child support for his own illegitimate child; By refusing to investigate a county attorney using his child support division for political favors, Attorney General Greg Stumbo is letting the voters know that he doesn't believe in child support enforcement at all.

But again, there is more,
To be continued.

2006-12-01T19:10:00.000-05:00

2006-12-01T18:45:00.000-05:00

Continued

In late November 2005, as I was checking out my children's pediatrician at an end of an appointment, I was told by the office staff that my kids no longer had health insurance.

That's right, my children father, Attorney Jonah Lee Stevens canceled his own children's health insurance. I guess he had more important bills to pay like his new three story house, or his step daughters braces, or her new car and car insurance. I guessed he was paying those things because his new wife, Berniadean Dotson Stevens has never worked, and her ex husband, her children's father was in jail or rehab at that time. His name is Mark Dotson and he is convicted of felony theft to support his oxycotin addiction.

Without telling me my children did not have health insurance, Attorney Jonah Stevens canceled his children's insurance. Being unemployed, I went to the Cabinet and filed for a KCHIP card for Tucker and Zack. Please note, during the marriage, I paid 100% of the medical insurance for the family out of my paycheck. And even after the divorce, I paid 100% of the health insurance, never being reimbursed until I left my job.

It took Attorney Jonah Stevens eight months to get insurance for the kids after my insurance stopped. Apparently, Attorney Jonah Stevens only paid on the insurance for a few months and the children went a couple of years without insurance, while Jonah bought new cars and a new house.

As stated previously, I applied for KCHIP insurance on November 29, 2005. See attachment. When the Cabinet called the Pike County Health Attorneys child support division to set up a court date; Only then did assistant Pike County Attorney Kyle Deskins do something. He filed a motion.

That's right, the Pike County Attorneys child support division filed a motion without ever meeting with me. My copy without the certified seal states that he wrote it one day before I went to apply for KCHIP. However, the official copy states that it was filed on the same day. Moreover, while Deskins certified that it was placed in the mail on November 28, the envelope is clearly stamped November 30.

Keith Hall, the Pike County Attorney ordered his staff to do nothing on my case. When the cabinet became involved, only then did Kyle Deskins attempt to cover up the purposeful inaction.

Meanwhile, Attorney Jonah Stevens is making out like a bandit. He doesn't have to provide health insurance for his kids. His wife, Berniadean Dotson received KCHIP on her two children, his stepchildren so he doesn't have to pay for their insurance. I guess his wife failed to report her husbands income to the Cabinet. AND Attorney Jonah Stevens has his own mother, Glema Stevens on a SSI check. He is trying to get his Aunt Scharline Hampton on a check too (maybe he already has). One can only wonder how many other ways Attorney Jonah Stevens gets taxpayers to support his family. AND how Pike County Attorney Howard Keith Hall helps Stevens to hide from the law.

But there is more . .
To be continued.

In The Beginning.

2006-11-29T16:37:00.000-05:00

Everything has a beginning, and the genesis of the Pike County Injustice Files began in June of 2005.

After being yelled at yet once again by my ex husband, who was controlling me through financial means; I had enough. Our divorce decree written by my attorney husband did not give me child support. I had to be on his good graces to get it. (Note to self, never put your husband through law school).

As I said before, I had enough. I contacted legal services who said they couldn't help me. But, the lady did say I could ask the Pike County Attorney to set child support through the court. I was aware that the amount the Court would set might be less than what Jonah (my ex) would give me as long as I did exactly as he said; getting less would be worth not being controlled by my ex, and having to deal with the fights and the yelling.

So in June 2005, after a terrible terrible fight, I went and filled out the child support request forms. As I turned the forms in to the Pike County Child support Division, the lady said she would contact me for an appointment.

I waited, and throughout June, the Pike County Attorneys child support office never contacted me. They didn't in July, or August. Not even in September, or October.

I even went to the office in September and November, but they wouldn't give me an appointment.

Now, I think the reader should know that Jonah Stevens, my ex husband, and the Howard Keith Hall, the Pike County Attorney are very close personal friends. They have been friends since elementary school.

Never once has the Pike County Attorney child support office contacted me for a meeting.

To be continued.

Didja?

2006-11-17T18:26:00.000-05:00

These are just a few of the questions I would ask the members of PAC; was my complaint even mentioned at the October 12, 2006 PAC meeting? And how did you vote? Do you really think that judges can ethically investigate prosecutors?? And by the way, these are the individuals who comprise PAC. Thanks to Deputy Graham for providing their pictures, while I only asked for their names and contact information, not their pics in the open records request.

Linda Tally Smiths email is lindatsmith@fuse.net

Timoth Colemans email is trcoleman@kyprosecutors.com

Ray Larsons email is raylarson@lexingtonprosecutor.com

Clay Bishops email is cbishoplaw@juno.com

His correct address is Bishop Bldg, 102 Walters Street Suite 2

Jeffrey Sharps email is jssharp@glasglow-ky.com

Janet Graham failed to give me Marc Robbins, Patty Sponcil, or Edwin Oranges email addresses.

Lots of Stuffing, but no Substance.

2006-11-17T17:35:00.000-05:00

Deputy Assistant Attorney General Janet Graham claims that the Prosecutors Advisory Council voted to take no action in order for my prosecutor complaint to be addressed by a judge.

Now, we all know that Judges cannot investigate prosecutors. That is a violation of the judicial canon where judges are to be impartial. And one would think, that since the most of the members of the Prosecutors Advisory Council are attorneys, that they are aware that Judges cannot investigate prosecutors too. So, its a bit of a stretch to think that the members of PAC voted to subrogate their legislative duties to Judges of which there is inherent ethical conflict.

So Deputy Assistant Attorney General Janet Graham and PAC members thinks its ok for Judges to violate judicial canons.

Okaaayyy.

So then I did another record request. (If you remember, Graham purposely failed to provide documents for the first one).

I asked for the minutes of the meeting where Graham stated that PAC voted to have Judges violate ethic canons. Graham only provided the agenda, stating the minutes had yet to be written.

Okaaayyyyy.

Exactly, how are the minutes to be written? In the meetings I have been in, the secretary takes notes. Those notes to be typed into the official minutes and ARE SUBJECT TO THE OPEN RECORDS REQUEST LAW AND DEPUTY ASSISTANT ATTORNEY GENERAL JANET GRAHAM PURPOSELY VIOLATED THE OPEN RECORDS LAW by refusing to give me those handwritten copies.

Nowhere on the agenda is listed that my complaint was to be addressed by PAC.

Do you think its going to magically appear in the minutes (of which I have yet to receive)?? Are the members of PAC going to testify in federal court that they believed the Judges were going to investigate the prosecutor?? Is it an early Thanksgiving where the only Turkeys who are going to be stuffed are those who are covering up corruption for their boss?? And if Stumbo did run for governor, its not as if he could win despite what his deputy A.G.'s cover up for him. Maybe this blog should be renamed as "Thats how the Graham cracker crust crumbles". Whaddya think?

Link to copy of Grahams Letter

2006-11-14T14:11:00.000-05:00

http://pikecountyinjusticefilesdocuments.blogspot.com/

Deputy Assistant Attorney Generals Janet Grahams Second Response

2006-11-14T13:31:00.000-05:00

In June of 2006, I sent a prosecutor complaint to the Attorney Generals office. Greg Stumbo responded that he had neither jurisdiction nor intent to investigate his friend and campaign contributor, Pike County Attorney Howard Keith Hall. See http://photos1.blogger.com/blogger/3320/3903/1600/AGLetter.jpg

However, the Kentucky AOC clearly states that the Attorney General is the only commonwealth agency with jurisdiction to handle KY prosecutors complaints. See http://courts.ky.gov/aoc/generalcounsel/faqsgeneralcounsel.htm

So I sent a open records request, which Janet Graham ignored. http://pikecountyinjusticefiles.blogspot.com/2006/10/deputy-assistant-attorney-general.html

So again, I sent another open records request. Of which a copy is located at http://pikecountyinjusticefiles.blogspot.com/2006/10/deputy-assistant-attorney-general.html

In short, Grahams papered me with documents, most of which I did not actually request. Graham claims that the only prosecutor complaint received by the Prosecutors Advisory Council was from James S Faller II about Larry Rogers, the Commonwealth's Attorney 57th Judicial Circuit. She included every documents filed in Fallers federal lawsuit against Rogers, and is charging me for this, despite the fact I didn't request it.

Interestingly enough, she failed to include letters to Faller in which the Prosecutors Advisory Council stated to Faller that the Attorney General did not have jurisdiction.

Now, let me ask you this. Does Deputy Assistant Attorney General Janet Graham really expect me to believe that the only two people who have ever complained about prosecutors since Stumbo took office are me, and James Faller?

Too bad for Graham that I know of someone else who did; that makes THREE.

And the fact she is hiding records . . . . . well under federal law, isn't that called obstruction of justice?

Back from Vacation

2006-11-13T12:26:00.000-05:00

Everybody needs a little RnR, and that includes me. It was great to get out of town last week with some friends, but now its back to work. What has surprised me most was how good my blog stats were, despite not having any new posts. I have lots of mail to dig through, and will probably have a new post either tonight or tomorrow.

Amy :)

Hiatus

2006-11-06T14:22:00.000-05:00

I am on a brief hiatus for about a week. Expect some interesting posts when I get back.

Amy :)

Summary Judgement

2006-11-04T12:55:00.000-05:00

SUMMARY JUDGEMENT - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgement as a matter of law.

A material fact is one which might affect the outcome of the case under governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). To preclude summary judgment, the dispute about a material fact must also be "genuine," such that a reasonable jury could find in favor of the non-moving party. Id.

Conclusory or speculative testimony is insufficient to raise a genuine issue of fact to defeat summary judgment. See, e.g., Falls Riverway Realty, Inc. v. Niagara Falls, 754 F.2d 49 (2d Cir. 1985); Thornhill Publishing Co. v. GTE Corp., 594 F.2d 730, 738 (9th Cir. 1979).

In general, inadmissible hearsay evidence may not be considered on a motion for summary judgment. Blair Foods, Inc. v. Ranchers Cotton Oil, 610 F.2d 665, 667 (9th Cir. 1990).

http://www.lectlaw.com/def2/s102.htm

Judicial signatures for sale

2006-11-02T08:22:00.000-05:00

Go to my TC Fred Hatfield; judicial signature 4 hire blog. The link is on the right hand. I have republished my first Pike County Injustice File at that location. You will learn how Fred will sign anything for political favor, EVEN if it the person he is signing it for states that its going to happen in the future.

What Attorney Kim Thompson wants, She gets.

2006-11-01T07:37:00.000-05:00

Judge Paxton in the hearing suggested a GAL be appointed for the children. I was in agreement. The name she offered was Tony Boyd. I was ok with Mr. Boyd, having observed him before in Pike County and knew he would be FAIR AND IMPARTIAL.

The opposing attorney, Kim Thompson knew Mr. Boyd would also be fair. While in court she said Mr. Boyd would be fine. But then . . Kim Thompson realized she didn't want a fair and impartial attorney. Kim Thompson wanted somebody to break ethic and civil rules of procedure. Kim Thompson wanted Garland Arnett.

Outside of court, and without knowledge from the opposing party, Kim Thompson called the Court. That's right, Kim Thompson initiated an ethically wrong ex parte communication with the Court to change the guardian ad litem.

Kim told the Court that she had a conflict with Mr. Boyd and wanted a new guardian ad litem. Judge Paxton then appointed Garland Arnett without ever consulting with the opposing party or giving them notice.

The thing is this. Nobody knows whether Tony Boyd actually does have a conflict with Thompson. He was never contacted by the court, nor notified the Court of a conflict.

I had every right to be noticed and help select a guardian ad litem. Why didn't Paxton and Thompson honor my rights?

It's quite simply this. Kentucky defines a criminal conspiracy under KRS 506.040 A person having the intention of promoting or facilitating the commission of a
crime is guilty of criminal conspiracy when he/she "[a]grees with one or more persons that at least one of then will engage in conduct" committing or attempting that crime.(1)

The word conspiracy always raises eyebrows. But you examine the documents and decide for yourself. Did Attorney Kim Thompson and Judge Julie Paxton have an ex parte communication? Did they agree to appoint Garland Arnett as GAL without noticing the other party? Did they do so in a manner in which to violates the other partys constitutional rights under the United States and Kentucky Constitutions?

Did they conspire? Of course, Kim wanted Arnett as GAL, and she got him. What he did to comply with her will be posted in the future.

1)http://www.lrc.state.ky.us/KRS/506-00/040.PDF
2) This is the official document where Paxton admits she conspired with Thompson. http://photos1.blogger.com/blogger/3320/3903/1600/May18thPaxtonOrder2ndpage.1.jpg

It's Quads!! New Baby Blogs

2006-10-31T16:12:00.000-05:00

Due to the large volume of posts, some columns will be moved to new blogs for the facillatation of my readers. The first four baby blogs are listed in the right hand column. Just click and read.

Open Records Request Attempt #2

2006-10-30T11:26:00.000-05:00

This is my second open records request. It's somewhat problematic to me that I have to make a second request, being that it is the Attorney Generals office constitutional duty to enforce open record requests in the Commonwealth.

To Troll Or Not To Troll, That Is The Question.

2006-10-27T03:36:00.000-04:00

All posts are welcome, even derogatory ones IF they are relevant to the column. However, the consensus among the readers is to delete the trolls. So, bye bye trolls. :) Thanks to everyone who responded. :)

Ex Parte Paxton; The Name.

2006-10-26T07:42:00.001-04:00

Ex Parte Paxton is not simply a clever nickname I created in which to ridicule Judge Julie Paxton of the Floyd County Family Court in Prestonsburg Kentucky. Its a legal term which is necessary to ensure impartiality from Judges and their staffs.

Blacks Law Dictionary defines an ex parte communication as a "prohibited communication between counsel and the court when opposing counsel is not present".

Under the Kentucky Judicial Code, CANON 3: A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY(1) Concerning ex parte communications, in section 7 of the commentary "a judge shall not initiate, permit, or consider ex parte communications with attorneys and shall not initiate, encourage or consider ex parte communications with parties".(1) However in those rare cases in which an ex parte communication is allowed, "the judge [shall] make[s] provision[s] promptly to notify all other parties of the substance of the ex parte communication and allows an opportunity to respond".(1)
In addition, the judicial code addresses communication between the judges staff and opposing attorneys. "A judge must make reasonable efforts, including the provision of appropriate supervision, to ensure that [the ex parte rule ] is not violated through law clerks or other personnel on the judge's staff". (1) Thus, any ex parte communication between court administrators and opposing attorneys is considered an ex parte communication.

Judge Julie Paxton has violated canon 3 on at least three occasions concerning my case.

The first time and only time I had a sit down talk with Judge Paxton was during an job interview in February of 2006. After she offered me the position, I disclosed that I had pending motions in her Court. She said she would have to recuse herself from case if I decided to take the position.

The next week, I called to say that I had accepted (despite misgivings I had about the way she ran her court). She then told me that there was no money in the budget and withdrew the position.

In April and May I found myself in her court. Of course, I wrote a motion and asked her to withdraw because of the impropriety of her hearing a case of which she and I had discussed during the job interview. She refused. In addition to punish me for putting in the Court record that she was/is violating the judicial code, she ordered me to have a psychological evaluation.(2)

(The issue about a psychological evaluation will be addressed in a later posting, also in the judicial canon, A judge must not independently investigate facts in a case and must consider only the evidence presented.)

May just might become the ex parte month because that is when Paxton made another ex parte communication. In court, Judge Paxton asked both parties whether there was any conflicts with appointing Tony Boyd as a guardian ad litem. Attorney Kim Thompson said she and her client, my ex husband had no conflicts with Tony Boyd.

Then, after court Attorney Kim Thompson decided to forum shop for a new guardian ad litem which would do as she and her client ordered him to do. "[A]fter the hearing, Ms. Thompson called the Court's secretary to advised that she had forgotten that she represented Mr. Boyd in a minor matter and that this was a conflict of interest. As a result, the Hon. Garland Arnett is hereby appointed as Guardian Ad Litem".(2)

Of course, the appropriate person to respond about the conflict of interest is Attorney Tony Boyd. However, he has never noticed the court of the conflict of interest. Which makes me wonder does he even know he was appointed? It is complete violation of both the judicial and bar ethic codes to let Attorney Kim Thompson to solely choose the guardian ad litem. But heck, who cares about procedural due process anyway.

Judge Julie Paxton admits that there was an ex parte communication between her Court and Kim Thompson, but wait. If you look at the order, it was dated May 15, with certificate of service being dated May 18th. However, if you look at paragraph 5, the witnesses are told to return by May 10th?? (2) Is this a postdated order in which Paxton trying to cover up her ex part communication? Is she trying to facially comply with the judicial canon after the fact by claiming she gave notice to the other party? Is Judge Paxton committing a fraud upon the court with this order?

The third ex parte communication was discovered inadvertently in a court hearing. During the cross examination, the guardian ad litem was reading from notes. I asked for those notes to be entered as evidence.

WOW!

The yellow legal sheet was quite informative. Not only did Attorney Kim Thompson unethically call the guardian ad litem, the guardian ad litem’s Secretary wrote that "Kim called Judge Paxton". The secretary even wrote down "Kim's home number:" for the guardian ad litem to call her back at her home. Enquiring minds want to know whether attorney Kim left her home phone number for Judge Paxton too? (2)

When Judge Paxton realized that the exhibit was evidence of another ex parte communication she had her bailiff physically take it from me. She said she was going to remove Kim's home phone number. However, she didn't give it back to me at the hearing. Only after I requested copies of every document in my file in August, did I get a copy of the exhibit.

Is it tampering with evidence if the Judge orders an official court record to be altered?

After I finally got my copy of the exhibit, I wrote a letter to Chief Justice Lambert informing him of the ex parte communication. Only then did Paxton recuse herself. Even then, Judge Paxton delusionally stated there was "no basis" for the disqualification. (2)

Don't believe me. READ the documents for yourself. Then you decide whether Judge Julie Paxton deserves the title of Ex Parte Paxton.

1) http://www.sunethics.com/kycodejudconduct.htm
2) Documents are in the prior post on this web page

Ex Parte Paxton Documents

2006-10-26T07:42:00.000-04:00

Deputy Assistant Attorney General Janet Graham's response to open records request.

2006-10-24T12:42:00.000-04:00

Lambert is Right.

2006-10-24T12:02:00.000-04:00

Assistant Deputy Attorney General Janet M. Graham, who is also the Prosecutors Advisory Council has confirmed that Chief Justice Lambert is correct on the AOC site that the Prosecutors Advisory council does have jurisdiction to investigate county attorneys.

Please note, that in a former posting Attorney General Greg Stumbo stated that he did not have jurisdiction ( http://photos1.blogger.com/blogger/3320/3903/1600/AGLetter.jpg )when I requested an investigation of Pike County Attorney, Howard Keith Hall who is a personal friend and campaign contributor of Stumbo.

In response to the open records request, (http://photos1.blogger.com/blogger/3320/3903/1600/openrecordrequest.jpg) Graham sent the following letter, scanned and posted online.

Here are the key points.

1) The Prosecutors Advisory Council does have jurisdiction to investigate grievances against prosecutors.

2)Graham, an deputy assistant attorney general with the constitutional duty to enforce open records request, failed to comply with the open records request.

3) Graham, an attorney licensed to practice in the Commonwealth of Kentucky, attempts to use legalese to state that it is the Judges responsibility to investigate corrupt prosecutors.

However, as a member of the Kentucky Bar it is imputed upon Graham that she knows that Judges cannot do an investigation of a party in a proceeding. Such an investigation would violate several of the judicial canons, including "CANON 3: A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY"(1)

Is Graham requesting that Judge Johnson and Judge Preston violated the judicial canon? And if they did, would the attorney generals office be required to investigate Johnson and Preston under public corruption??

Oh what tangled webs we weave, when once we conspire to deceive.

And, I just love the introductory paragraph where Graham attempts to intimidate me and destroy my credibility from anyone who reads the letter by stating that I am charged with criminal and civil court cases.

If you check out the original open records request you will not read anywhere in it that I requests an investigation. That was an afterthought which I added to a yellow posty attached to the request.

Is this letter just another example of how the Attorney Generals Office is intentionally denying me my First Amendment right under the United States Constitution to redress the Government?

1)http://www.sunethics.com/kycodejudconduct.htm

Back in the 'Ville

2006-10-23T21:24:00.000-04:00

Just thought I would let everyone know I made it back from my fourth preliminary hearing this evening. I didn't get arrested again, nor did my parents, which is a very a good thing since my ex husband Jonah Stevens attorney, Kim Thompson sent some discovery that claimed that my elderly father assaulted a witness (who?) in Floyd County in June of 2006.

Well, to be honest. The state trooper (Ryan Hamilton) who claimed he got my arrest warrant signed by a Judge who he didn't know kept staring at my elderly father all afternoon trying to intimidate him. Is this pathetic or what??

I am being charged with felony custodial interference for returning my children to their father a few hours late. The Judge refused to dismiss the case, or drop it down to misdeamor like the statute says to.

So its going to the grand jury. Now I would like to contrast this with another case. At Pike County Politics http://www.blogger.com/comment.g?blogID=20113651&postID=115809686370331423 an anonymous blogger stated that noted Attorney Gary C. Johnsons son had his case dismissed.

Well what was he charged with? According to anonymous, he was charged with "speeding, reckless driving, wanton endangerment of a police officer, fleeing and evading a police officer, possession of drugs, DUI drugs, no insurance card, etc..... Take a look at page 9a in Fridays news express for details including the fact that he was wasted at the time of arrest was driving up to 120 mph, all on a honda motorcycle, has 4 needles and white powder burt in a spoon".

When I get a hold of that paper I am going to check to verify those facts.

Ok, so I am a dangerous menance to society for safely returning my kids a few hours late, not deserving of a dismissal??

Why is this guy receiving special treatment? Its because there is a caste system in Pike County. If you are an attorney, related to one, or have lots of money to have one, you get preferred treatment. However, if you are poor like me, and are going up against somebody who gets preferred treatment; you better forget about it. You will not get a fair hearing in court.

What I am really guilty of? In April of 2006, I exercised my first amendment rights exposing corruption in the Pike County Attorneys office, where Howard Keith Hall refuses to prosecute his friends who are not providing child support or health insurance for their children.

This June 2006, felony custodial interference charge is retaliation. So here it is, go ahead put me in jail for up to five years, for returning my kids to their father a couple of hours late.

It WON'T SHUT ME UP! I have had ENOUGH with the corruption in the legal system in Pike county. And there are MANY OTHERS out there who are just as angry about it as I am. I may be only one voice out here in cyberspace. Others will join me as they lose their fear of the Greg Stumbos, Julie Paxtons and Howard Keith Halls.

For the sweet love of Jesus, THIS IS AMERICA! Our son's and daughters are losing limbs and lives for freedom in Iraq, but the Pike County Court system won't police itself to ensure justice here. Are those brave men and women dying in vain? Are they losing arms, legs, and eyes so Judges can rule however they want contrary to the law? Is this what we call democracy in 2006?

Traffic Report

2006-10-22T09:36:00.000-04:00

If you scroll to the bottom of the page you will notice two rectangular boxes. One Box is blog patrol which states how many different individuals have visited this blog. The other box is labled site meter. If you click the site meter box, it will navigate to a page which is more accurate on traffic. It tells you how many individuals came back to read the Pike County Injustice Files again. Also, it lets you know from which states and countries visitors are from. I am quite happy to report that some people in Washington D.C. have taken notice of my little blog.

Documents

2006-10-20T12:25:00.001-04:00

Documents to be posted here

Disenfrancised: Part two

2006-10-20T12:25:00.000-04:00

Governor Paul Patton from Pike County appointed attorney Julie Paxton as Judge for the newly created Floyd County Family Court in 1999. Then “ on July 16, 1999, before a standing-room-only crowd Paxton’shusband, Marty and children, Jackson and Clara were part of the ceremony along with her father, Judge Billy Paxton of Muhlenberg County.”(1)

Later in, 2001 according the Kentucky A.O.C. “The General Assembly did a great service for Kentucky's families by passing the Family Court Amendment.[ where they created the] • 36TH Judicial Circuit [which was] Added to Floyd Family Court Jurisdiction [and] [o]n 1, 2001 Floyd Family Court added to its jurisdiction, Knott and Magoffin counties (36th Circuit). (2)

Unfortunately, the legislature forget some important components of the bill. They forgot to write in provisions to let the citizens of Knott and Magoffin vote in the family court elections. According to WHAS TV “a series of decisions in creating the seat, voters from those counties weren't included in the district with Floyd County, leaving those voters disenfranchised.”(3)

Also according to WHAS, Attorney General Greg Stumbo was very upset about this. He told WHAS/Associated Press that “changes should be made before voters go to the polls again.”(3)

To address this disenfranchisement of Knott and Magoffin County votes, Chief Justice Lambert “tried to create two new separate court judicial districts to serve four Eastern Kentucky counties, . . but has had no success.” “It did not make it through the legislature”. (3)

Which brings us back to Greg Stumbo. Now he is the attorney general of Kentucky, but when the legislature screwed this up, he was Majority Leader of the House. (4) Yes, that’s right. Majority House leader Greg Stumbo was the legislator in charge who failed to make sure that Knott and Magoffin County citizens had the constitutional rights to vote in the Family Court elections. And this is the same Stumbo as Attorney General who feigns being offended that Knott and Magoffin County citizens don’t have the right to vote.

But alas, it gets worse.

You see, Judge Julie Paxton’s husband Marty (Martin) Osborne are tight with fellow Prestonsburg neighbor, Greg Stumbo. Marty donated two thousand dollars to Stumbo's campaign for Attorney General.

Could a reasonable person view this as a quid pro quo? If Stumbo eliminates competition by disenfranchise Magoffin and Knott county residents for Julies bench, would she rule in favor of Stumbo's' supporters when they and their families come into the Floyd Family Court?

And what about T.B. and his daughters? Because Knott county residents cannot vote for their family court judge, does in fact Judge Julie Paxton have constitutional jurisdiction over T.B.? Did the constitutional provision creating family courts in fact, violate the preamble of the Kentucky Constitution which states that any addition after the preamble which violates the preamble is illegal?

Are the Citizens of Kentucky going to put up with this crap from Greg Stumbo?

1) http://courts.ky.gov/NR/rdonlyres/AE86AAA7-A980-4F6F-9C5C-C4E9067FABDF/0/November_1999.pdf.
2) http://courts.ky.gov/courts/circuit/familycourt/familycourthistory.htm#2000
3) http://www.whas11.com/sharedcontent/APStories/stories/D8HB39HG0.html
4)http://www.answers.com/topic/greg-stumbo

Smelling Like A Rose.

2006-10-18T18:57:00.000-04:00

Have you noticed the discrepancy between the Title and the articles on this blog? While the title says "Pike County" the articles have predominantly about "Floyd County". Both legal systems in each are among the most corrupt in the nation. However, it seems that the Pike County officials somehow escape getting in trouble for their misdeeds.

Continued in the Comment Section

Patience is appreciated! :)

2006-10-17T10:51:00.000-04:00

I am not neglecting my blog. I have been working on a large and complex project. Due to complexity of the writing, I am falling a little behind on my postings. But be aware, it WILL be worth the wait!!

Thanks for your patience.
Amy

Disenfrancised: East Ky Style (part two of the Ex Parte Paxton series)

2006-10-17T10:34:00.000-04:00

Victims: T.B. Father in Knott County, and his daughters
Perpetrators: Attorney General Greg Stumbo, Judge Julie Paxton, M.B.
Crime: Voting disenfranchisement, judicial tyranny, stupidity
NO. 2005-CA-000518-MR

Continued in the Comment Section

Open Records Request

2006-10-13T08:26:00.000-04:00

My current mailing address was given to the Prosecutors Advisory Council this morning by telephone. The correct telephone number for PAC is 502-696-5500.

Who's Right? part two.

2006-10-09T08:38:00.000-04:00

Dear Readers,
It's 8:31, and the Attorney Generals Number for Prosecutor Complaints (502-696-5532) is STILL a fax line. The two questions I propose this morning, are this; By refusing to take and investigate Commonwealth Citizens complaints about unethical prosecutors, is Greg Stumbo, Kentucky Attorney General violating the Kentucky Constitution and legislative mandated duties?

Second; By refusing to take and investigate Commonwealth citizens complaints about unethical prosecutors, is Greg Stumbo, Kentucky Attorney General violating the first Amendment under the United States Constitutional Bill of Rights giving citizens the right to petition the Government for a redress of grievances?

I welcome comments about these questions.

AG Letter

2006-10-05T19:38:00.000-04:00

Who's Right? Chief Justice Lambert or Attorney General Greg Stumbo?

2006-10-05T18:46:00.000-04:00

Kentucky has one hundred and seventy seven prosecutors. (1) Out of that huge elected number, there is bound to be at least of couple of bad apples. What do you do if you are unfortunate enough to have to deal with a rotten prosecutor?

Continued in the Comment Section

Ex Parte Paxton; The Constitutional victims, part one.

2006-10-03T21:20:00.000-04:00

Perpetrator: Judge Julie Paxton
Jurisdiction: Floyd County Family Court, Kentucky (includes Knott and Magoffin which are disenfranchised from the election of the shared family court judge)
Victim: Sharon Lynn Storm, aka Sharon Mullins
Case file: No. 2005-CA-000647-ME Kentucky Court of Appeals.

How long does it take a judge to strip away a parents constitutional rights? It took Judge Julie Paxton exactly three minutes, according to Justice Guidugli of the Kentucky Appeals Court.

Continued in the Comment Section

Sharon's Unfair Appeals Court ruling

2006-10-03T21:17:00.000-04:00

http://apps.kycourts.net/Appeals/COA_Opinions.shtm

Visitors

2006-10-03T13:33:00.000-04:00

I am aware that there have been numerous visitors since I first started this blog. This is wonderful! However, don't just visit. Feel free to ask questions and leave comments. This isn't just my blog. Its for every individual who has had their own rights trampled by wicked Pike County politicians.

Documentation for 9/28/2006

2006-09-28T10:38:00.000-04:00

http://www.news-expressky.com/articles/2005/09/23/top_story/01community.txt

Trial Commissioner Fred Hatfield: Political appointee

2006-09-28T08:59:00.000-04:00

Who is Fred Hatfield? He is one of (two or three) Pike County trial commissioners and he is located within the Pike County Injustice Center. What does he do? He will sign any legal document put in front of him, as long as its for the right person with the right kind of political pull. But for those of you lucky enough to be unfamiliar with trial commissioners, let me first give you a quick tutorial.

Continued in the Comment Section

Each journey begins with one step forward.

2006-09-27T15:35:00.000-04:00

First, I want to thank you for taking the time to read this site. It is no mistake that you found your way through cyberspace to this little blog. I have been engaged in a battle against a corrupt legal system for some time now. Unfortunately, our society has become immune to corruption in our political and legal arenas. This is one womans fight for her children and her constitutional rights. Documents showing the corruption will be posted. Stay tuned, its gonna get interesting.