OFFICIAL

        JUDICIAL MISCONDUCT

                  COMPLAINT  

       Scroll down page to read a copy of the judicial misconduct complaint filed with

                      the Judicial Council of the Federal Fifth Circuit. There has been no response yet. 

                                              The Council's response will be posted on this site 

                   FLUSHING OUT

              THE UGLY TRUTH

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             DEMAND JUDICIAL

              ACCOUNTABILITY

August 5, 2009

                                                                                      TO

                                                 THE JUDICIAL COUNCIL OF THE FIFTH CIRCUIT

                                     NOTICE AND COMPLAINT OF CRIMINAL ACTIVITIES IN THE

                                                                ADMINISTRATION OF JUSTICE

TO THE HONORABLE MEMBERS OF THE JUDICIAL COUNCIL FOR THE FIFTH CIRCUIT:

   This complaint concerns matters of exceptional public importance.  It is notice of and a complaint about

criminal acts, actions and activity, by court employees, in the administration of  justice in the District Court, For

the Northern District of Texas, Dallas Division.   

   It is also notice of and a complaint about the knowing and intentionally fraudulent and felonious conduct, misfeasance and

 nonfeasance in the administration of justice by Circuit Judges Jerry E. Smith, Carl E. Stewart, Leslie H. Southwick and Emilio

M. Garza.  These judges have knowingly, intentionally, boldly and blatantly violated their solemn oath of office and the Code

of Judicial conduct. They have engaged in false and fraudulent jurisprudence, obstructed justice and corrupted the operation

of the court and the administration of justice.  This is totally unacceptable to the American People!

  This knowing and intentional misconduct is clearly prejudicial to the effective, meaningful and expeditious administration of

 justice and the business of the courts.  It is too important, to the American People and the court, to be ignored.  It clearly

violates the Public Trust and erodes public confidence in the integrity and  legitimacy of  the judiciary and the judicial process.

                                                                     PLAINLY

 All of this requires the Council to promptly exercise its authority and fundamental duty to:

(1) Ensure the honest and legitimate administration of justice within the circuit.

(2)  To promote judicial honesty, integrity, transparency, accountability, credibility and public confidence in the courts

 among reasonable people.

(3) To protect the public from fraudulent, illegitimate and felonious behavior, by court personnel and judges in the

administration of justice.

(4) To ensure judges are held in strict account to the Constitution, the law, the oath of office and the Code of Judicial Conduct.  

(5) To prevent fraud, corruption and tyranny in the administration of justice.

(6) To ensure honest and principled decision-making with transparency, uniformity and predictability.

(7) To create a greater awareness of proper judicial behavior on the part of the judiciary and the public.

(8)To faithfully fulfill the Council’s purpose and delegated duties.  

   Plainly, the Council has no greater responsibility! 

                                                        IMPORTANT THRESHOLD FACT  

  This complaint is not directly related to the merits of a decision or procedural ruling; and,  it is not a frivolous complaint.

  To the contrary, this is a profoundly legitimate and well documented complaint about criminal acts, actions and conduct in

the administration of justice in the Fifth circuit.  Plainly, there are no valid grounds for the dismissal of this complaint under

Rule 11(c) (1) et seq. of the Rules for Judicial-Conduct and Judicial-Disability Proceedings.

  Clearly, the scale of corruption in the administration of justice in the Fifth Circuit is simply outrageous and cannot be

tolerated.   Misconduct by “outlaw judges” and court employees is a cancer that is destroying the People’s faith and trust

in the integrity and legitimacy of the judiciary and the judicial processes.

                                                                       THEREFORE

   This complaint must be taken seriously, thoroughly investigated and appropriate action taken to protect the public and to

 ensure, preserve and protect the Constitution, the law and the full, fair and honest administration of justice in the Fifth Circuit.

                                              BRIEF STATEMENT OF RELEVANT FACTS 

  The record in case No. 3:07-CV 1457-B in the District Court for the Northern District of Texas, Dallas Division and the

record in case No. 08-10313; and,  No. 08-11137 c/w 08-10313  in  the Fifth Circuit Court of Appeals are included herein

by reference thereto as though they were copied herein word for word.

                                                       CRIMINAL ACTS IN DISTRICT COURT 

 The evidence demonstrates intentional criminal conduct by persons in the Federal District Court in Dallas. I.e.

(1) The intentional, fraudulent and felonious theft, taking away, or otherwise avoiding the duly and timely filed Notice

of Appeal in filed in Case No. 3:07-CV-1457-B in the Federal District Court in Dallas.

(2) The intentional, fraudulent and felonious delay in the acceptance and filing of the Notice of Appeal timely delivered to

 the clerk’s office by  Certified, Return Receipt U.S. mail in Case No. 3:07-CV-1457-B in the Federal District Court in Dallas.

 These criminal acts were for the purpose and intent to obstruction justice.

In Fifth Circuit Case No. 08-10313:  The record overwhelmingly establishes that Circuit Judges Smith, Stewart and

Southwick did:

(a) Knowingly and willfully combine, conspire, confederate, and agree with each other to feloniously aid, abet, facilitate and

conceal the criminal acts, actions and conduct in the district court by;

(b)  dismissing the appeal even though they had the timely, file marked, Notice of appeal.  

(c)  The willful and felonious concealing and covering up the criminal acts by failing to perform explicit ministerial and

non-discretionary judicial duties and responsibilities concerning the disturbing web of criminal activity in the administration

of justice in the U.S. District Court for the Northern District of Texas.

  However, after complainant submitted a judicial misconduct complaint to the Clerk of the Court of appeals concerning the

criminal activities and the judicial misconduct:

    The dismissed appeal was reinstated as appeal No. 08-11137 c/w/ No. 08-10313 and the judicial complaint was never

presented to the Council, because the clerk’s office requested complainant to withdraw the complaint because the appeal

had been reinstated.

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