Gimme A Break!

Former Anoka County District Judge Alan Pendleton suspended from practicing law for 90 days

Alan Pendleton lied to voters about his residence. 

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Alan Pendleton

A former Anoka County district judge who was removed from the bench because he was living outside his district has now been suspended from practicing law.

In a petition for disciplinary action filed against Alan Pendleton in December, the director of the Office of Lawyers Professional Responsibility asked the Minnesota Supreme Court to suspend Pendleton’s law license for 90 days. The court agreed in an order filed last week.

Pendleton was removed from office in October after he lied to voters about his residence on his affidavit of candidacy. He was living in his wife’s house in Minnetonka, which is in Hennepin County, for eight months starting in December 2013.

In its 39-page decision for removal, the court agreed to the harshest penalty. The majority’s decision said, “In order for the public to have confidence in the integrity of the judicial system, the public must believe that there is an effective system in place to ensure judges abide by our Constitution and follow their ethical obligations.”

Continue Reading:http://www.startribune.com/alan-pendleton-former-anoka-county-district-judge-suspended-from-practicing-law-for-90-days/371567201/


I find it interesting that the court agreed to the harshest penalty for a fairly benign offense. In the Bench & Bar of MN article Summary of private discipline, Timothy Burke states, “Most complaints involving what appear to be allegations of isolated and nonserious misconduct are investigated by a district ethics committee (DEC). The DEC, after investigation, will recommend whether the Director’s Office should find a violation of the Minnesota Rules of Professional Conduct (MRPC) has been committed and, if so, the appropriate form of discipline.”

Many matters in which a lawyer violated the MRPC are resolved through private discipline. In calendar year 2015, 124 admonitions were issued to Minnesota attorneys. Admonitions are a private form of discipline, issued for isolated and nonserious misconduct.

Ok, so the harshest penalty was recommended by the Office of Lawyers Professional Responsibility and agreed to by the MN Supreme Court for living outside the district, but the complaints below were dismissed? GO FIGURE! I would like to know the real story behind this disciplinary action as most of the time when a judge or attorney is targeted, they are seen as a threat to the status quo of the corrupt system.

Complaint Against Dakota County Judge David Knutson (Click to view)

Complaint Against Members of “the firm” Pennington, Lies & Cherne, P.A. St. Cloud, MN (See Below-Click to Enlarge)

LPRB 1LPRB 2LPRB 3 LPRB 4LPRB.5LPRB 6LPRB 7LPRB 8LPRB 9LPRB 10LPRB 11

The Client Security Board is one part of the comprehensive system of lawyer regulation and public protection. The unique role of the Client Security Board is to help the victims overcome their financial losses caused by dishonest lawyers. The fund may reimburse up to $150,000 for dishonest conduct committed by a Minnesota lawyer. It covers the loss of money or property resulting from lawyer dishonesty, but not because the lawyer acted incompetently, committed malpractice or failed to take certain actions. Financially, the fund remains healthy and able to pay claims promptly should a major defalcation be uncovered. In short, the public remains protected and well-served by the Minnesota Client Security Board. NOT!!!


What do we know for sure?

Excerpt from: Legal Evil? In Their Own Words-Don Mashak

We know that “The Minnesota Legislature just set up “figure head” enforcement agencies to give the “illusion of oversight, law and order” (Simulated Justice) to the general public. The Minnesota Legislature rendered the agencies powerless to do anything about Citizen Complaints and Minnesota Governmental unit transgressions. Our Tyrannical Government counted on most citizens not having the financial resources nor knowledge to follow through on forcing their complaints and/or issues from being addressed and resolved. And for anyone who would dare press the complaints and issues beyond the initial “status quo guardians”, demonization, discrediting and economic retaliation are used to neutralize these voices of discontent and dissent.

SIMULATED LAW AND ORDER – DISTORTING YOUR PERCEPTION OF REALITY
Where are the Government agencies that are supposed to be the checks and balances on our Government?
Where is the Justice Department? Where is the FBI? Where are the County Sheriffs? Where are the County Attorneys? Where are the State Attorney Generals? Where are the people and agencies that are supposed to police the police, the lawyers and the judges? Why didn’t the Minnesota State Auditors Department do more?

All of this money is being spent for these people’s salaries for what? Aren’t these aforementioned Government Agencies supposed to protect WE THE PEOPLE from crime, corruption and the trespasses of our Government?”

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AJ Kern For Congress

AJ Kern Congress

Caucus

 

 

 

 

Dear Friends,

Most of you have heard by now that I am seeking the Republican endorsement for the Sixth Congressional District of the United States House of Representatives. Many of you were at our event at the Pickled Loon when I announced my candidacy, and to all of you a huge thank you for your support and encouragement to take on this important challenge. Tuesday March 1st is just over a week away so I wanted to take this opportunity to reconnect, and encourage all of you, your friends and family to get out on Tuesday March 1st to your precinct caucus.

As a Christian Constitutional Conservative, I am seeking your endorsement to represent you in the United States House of Representatives, standing with conservatives supporting the constitutional principles our founders designed, including  limited government, defending national sovereignty, culture and borders. I am running a grassroots campaign and I need your individual support to counter the influence of big money and lobbyists currently controlling Washington DC. Although I primarily ask for your vote at the upcoming caucus on March 1, I also ask for modest monetary support. Many small contributions signal many “grassroots” which are needed to counter well funded special interest groups.

First I would like to tell you a little about myself.

My story is probably different than what many of you have experienced.  My parents were both teenagers when I was born with few skills and resources.  Struggling to make ends meet, my parents divorced.  There were many places I called home as a child, including living in a tent one summer picking fruit with the seasonal immigrant workers.  I also experienced living in a middle-eastern country and understand what the culture looks like first hand.

Clearly, the odds were not in my favor…  Nevertheless, I did have one critical circumstance on my side.  I was born an American.

Under the constitutional framework of life, liberty and the pursuit of happiness, I had the same opportunity as any other American to achieve and, just as importantly, the incentive to achieve with the promise to retain what I have worked so hard for.

Relying on the Power much greater than myself, I joined the Army Reserves, attended college, and have enjoyed a blessed and successful life.  After graduate school I worked as a County Planner and then for American Tower Corporation.  Like many women, I was pulled between career and family…  and chose to stay home, raising my own children. Over the past year I have served as a monthly columnist for the St Cloud Times.

Which brings me to this point in my life of seeking the Republican Party endorsement for the Sixth Congressional District of Minnesota. We cannot bury our children in over $19 Trillion in debt. Please support me by being a delegate on March 1st.

To learn more about the issues and why I’m challenging Tom Emmer for the CD6 endorsement please visit www.AJKern.com, subscribe to the newsletter, and donate.

To stay in touch with AJ: Sign up for our list!

 

Systemic Corruption

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Image courtesy of Stuart MilesFreeDigitalPhotos.net

Proposed Caucus Resolutions for Judicial Reform

February 11, 2012 By: Don Mashak


The following are a list of resolutions presented at various Minnesota Caucuses recently. We encourage you to reprint these and take them to your upcoming caucus and/or conventions.
If you are in a different state, please review each to make sure they are applicable to your state. The progress of judicial corruption in your state may not have reached the systemic corruption in Minnesota, and therefore certain of these judicial reform platform resolutions may not be applicable to your state.

JUDICIARY RELATED PLATFORM RESOLUTIONS

Whereas,

1) Judicial decisions should be based on the Rule of Law based on the facts in evidence

Instead, justice in Minnesota is more a matter of “How much justice can you afford?” who you know, who you can influence, exchange of political favors, punishment of lawful political dissent, reward for political loyalty and the whim of Judges. Citizens should be able to come to before the Courts and have a full, fair, impartial and just adjudication of their cases.

Whereas,

2) Judicial Bribes

In Minnesota, Judges are legally allowed to accept “bribes”. As long as the bribe is not more than $150.00 from any one person in a day, they don’t have to report it. And they can accept up to $150.00 per person per day from as many people willing to do so. The allegation is that large law firms often quite skilled at making this work to their advantage.

Of course the rules that permit these “bribes” refer to them as “gifts” and “gratuities”. The author argues that what the mafia calls a “hit” is still an assassination or as the Bard would say, “A rose by any other name would still smell as sweet”.

The author asserts that the rank and file of WE THE PEOPLE, regardless of political leanings, agree that judges taking bribes is wrong. Yet for six or more years, both Democrats and Republicans in the State of Minnesota have let this matter go unaddressed. How does that represent the best interests of WE THE PEOPLE?

Whereas,

3) Code of Ethics

The Bar and judges in Minnesota found the title “Code of Ethics” for lawyers too restrictive. Therefore they call it the Minnesota Lawyers Code of Professional Conduct. However, in a recent ruling (Fabian v Volkommer) the Minnesota District, Appellate and Supreme Court have ruled that the MN Lawyers Code of Professional Conduct is not an implied covenant of a contract between a Citizen and a Minnesota Lawyer.

The author presumes that Citizens, especially those not learned in the law, rely upon the lawyer they pay hundreds or thousands of dollars to treat them ethically. Why would you hire any Minnesota attorney who objected to being bound by the Professional Code of Conduct? What is the purpose of the Code of Professional Conduct if lawyers don’t have to follow it? If the legal system in Minnesota were a private company, wouldn’t that be false advertising and fraud? If lawyers have no intention of being bound to the Code of Professional Conduct, does that not demonstrate malice of forethought to defraud WE THE PEOPLE?

How fair is it that the innocent accused of a crime when their Minnesota Public Defender is not bound to the Lawyers’ Code of Professional Conduct? How many innocent persons are in jail because their own attorney betrayed them through the Simulated Litigation process?

There is no acceptable reason for Republicans and Democrats not holding Minnesota Lawyers accountable to the Lawyers Code of Professional Conduct. The author asserts and alleges that this ruling was made to aid and abet the practice of “Simulated Litigation”. In Simulated Litigation, the court “telegraphs” to both litigants attorneys the outcome they desire. The attorneys, including your own that you paid, then only put on the record the evidence that allows the judge to reach the verdict the Judge desires. We have all been told that your attorney has a duty to “represent their client to the best of their ability”. But obviously, if your own attorney participates in Simulated Litigation in which the Judge has indicated they want to rule adversely for you, your attorney has not represented you to the best of their ability.

As it stands, anyone who hires a Minnesota Attorney with this ruling not being overturned is a fool. Your attorney has no obligation to treat you ethically. If Minnesota Attorneys were concerned about treating their clients ethically, there would have been loud, boisterous objection to this ruling. Since there was not, it is obvious that Minnesota Attorneys all want to be able to treat their clients unethically.

Whereas,

4) Discreet voice recording devices should be allowed in the Court room

Minnesota judges have a rule that there can be no electronic recording devices in their courtrooms nor at the Court teller windows without permission. If you ask permission, it will likely be denied. What can be the purpose of this rule? It is antithetical to the sentiments of the Founding Fathers who believed openness, transparency and accountability were necessary to keep people in positions of power honest.

The author asserts that the Judges specifically made this rule to allow them to fix cases by altering transcripts. There have been instances where allegations of Court Reporter transcripts were deliberately or accidently altered leading to the facts on the record not being accurate. And the very judges accused of such actions are the most oppressive in imposing the rule.

In this day and age, there is no reason why all court room proceedings cannot be video and audio recorded to assure accuracy and guard against injustice.

I submit that the overwhelming majority of WE THE PEOPLE agree with this position.

Whereas,

5) Constitutional Right to Vote for Judges

The Judges of Minnesota want to take away our right to vote. They contend that the Minnesota judicial System is not corrupt and that recent US Supreme Court Rulings allowing Judicial Candidates the right to affiliate with political parties and to accept campaign contributions will corrupt a nearly pristine Judicial System.

Yet for six years, the Minnesota house and Senate Judicial Committees have refused to accept testimony and evidence of corruption in the Minnesota Judiciary from 100s of Minnesota Citizens. Meanwhile, as has been pointed out, the Judges press to take away our right to vote on the wrongful pretext that the allegedly pristine Minnesota judicial system will be corrupted if Minnesota Citizens continue to be allowed to vote for judges.

Whereas,

6) Direct Access of Citizens to the Grand Jury

The original Minnesota Constitution provides for direct access by citizens to grand juries. However, Republicans and Democrats alike have put in place rules to prevent citizen access to grand juries. Minnesota Government attorneys, judges and the legal system now act as gatekeepers for grand juries, to prevent citizens from bring complaints of Government corruption to citizen grand juries.

Whereas,

7) What’s more important? WE THE PEOPLE or Corrupt Judges

The original Minnesota Constitution provided for the Minnesota Legislature to oversee and discipline Minnesota Judges. Instead, Democrats and Republicans have delegated the fox to guard the hen house.

The Minnesota Legislature put the Minnesota Supreme Court in charge of overseeing and disciplining itself, lower Judges and Minnesota lawyers. The Lawyers Professional Responsibility Board (LPRB) and the Minnesota Board of judicial Standards (BJS) are supposed to receive, investigate and recommend disposition of these complaints.

The Problem is that LBRP and BJS are “black holes”. Unless the Judge is disciplined, there is no way to know what if any investigation was done. The Supreme Court has designated that the evidential standard for the wrong doing of Judges and Lawyers is “Clear and Convincing”.

WE THE PEOPLE, the rank and file having no formal understanding of Court Rules and the standards of evidence, it is unlikely that most rank and file citizens could put together a complaint that meets the standard of “Clear and Convincing”. Worse, the lawyers and judges know the rules and know how not to provide “Clear and Convincing” of their wrong doing to their clients. Most of WE THE PEOPLE do not even ever recognize we have been betrayed by our own lawyers… or if we do, it is too late to document it in such a way to provide “Clear and Convincing” evidence.

Why have the Minnesota Legislators written or allowed to be written rules that protect corrupt judges and lawyers more than WE THE PEOPLE.

Whereas,

8) The legal profession may have been necessary at the beginning of the Country, but literacy rates have improved such that most high school graduates could represent themselves in most matters if the laws, court rules and case law were written plainly and in simple English. Further, as demonstrated by the Minnesota Findings that Minnesota Lawyers are not required to treat their clients ethically, Lawyers current use the laws and rules to the disadvantage of their own clients. Finally, lawyers are so expensive as to prohibit many people from hiring one. Straight forward, simple English laws and court rules would allow them to better represent themselves.

THEREFORE, BE IT RESOLVED THAT THE PLATFORM SHOULD BE INCORPORATED TO REFLECT THE FOLLOWING:

1) Judicial Decisions should be based on the Rule of Law applied to the facts in evidence;

2) Judges should not be able to accept bribes;

3) The Lawyer’s Code of Professional Conduct (formerly known as a Code of ethics) should be an implied covenant of every contract between a citizen and a Minnesota Lawyer;

4) Discreet voice recording devices should be allowed in the Court room;

5) WE THE PEOPLE’s constitutional right to vote for judges should not be taken away;

6) Citizens should have direct access to Grand Juries;

7) Government should be more concerned about protecting WE THE PEOPLE from corrupt judges than they are in protecting judges from WE THE PEOPLE. (clear and convincing)

8) That the entire legal code, court rules and case law be written in simple English so that Citizens with a high school degree that can represent themselves. That the Legislature of the State be required to undertake this task immediately and resolve all conflicts in cases law in so doing. That thereafter, every 10 years, the Legislature will meet to incorporate all interim case law in the code and resolve all conflicting case law rulings.

In closing,

Thank you, my fellow citizens, for taking your valuable time to read and reflect upon what is written here.

Please join with me in mutually pledging to each other and our fellow citizens our lives, our fortunes and our sacred honor to our mutual endeavors of restoring liberty and economic opportunity to WE THE PEOPLE as our Founding Fathers envisioned and intended. [Last sentence, US Declaration of Independence

(http://bit.ly/ruPE7z )

This article is written with the same intentions as Thomas Paine http://ushistory.org/paine. I seek no leadership role. I seek only to help the American People find their own way using their own “Common Sense” http://amzn.to/kbRuar

Keep Fighting the Good Fight!

In Liberty,

Don Mashak The Cynical Patriot