Barrie Derringer and Alain Jackson

PLEASE TYPE OR PRINT

Date 2-10-2013                                  Mail to:        The Disciplinary Board

Post Office Box 1809
Albuquerque, NM 87103-1809
(505) 842-5781

COMPLAINT AGAINST A LAWYER

To the Chief Disciplinary Counsel The Disciplinary Board of the

Supreme Court of New Mexico

I have a grievance against:

(Lawyer's name) Alain Jackson

City where he/she practices:

423 6^th St.

Albuquerque, New Mexico 87102

My name is:

(Please Print)

David Derringer

My mailing address is:

(include Zip Code)

P.O. Box 7431, Albuquerque, New Mexico 87194

My telephone number:

n/a

What is the nature of the matter the complaint grows from?

Alain Jackson has been representing Barrie Derringer aka Barrie Crowe in DV-12-234 and in DM-12-610. Alain Jackson has been upset that Respondent David Derringer knows how to litigate in a court system and in violation of constitution, attempted to take away “due process and equal protection” against David Derringer in a proven conspiracy of perjury and fraud with Barrie Derringer in April, 2012 in DM-12-610 with a motion to prevent David Derringer from filing any further court pleadings of any kind. Barrie Derringer has been under criminal investigation by the Bernalillo County Sheriff Department for perjury and fraud. This is a total violation of the Code of Professional Conduct and NMRA 16-401, and 16-804 mandating “disbarment”.

Respondent David Derringer was forced to sue attorney Alain Jackson and Barrie Derringer for torts in CV-12-10816 on November 26, 2012 of which Alain Jackson is now a defendant to David Derringer and is totally also involved in taking illegally the 2^nd Amendment rights of David Derringer.

On December 11, 2012 Barrie Derringer and attorney Alain Jackson conspired with a “plan” to further attack David Derringer in retribution for CV-12-10816 by additional perjury and fraud to “reopen” DV-12-234 with bogus and unsubstantiated claims that David Derringer has violated the order of protection, which not only has not happened, but all matters of DV-12-234 are in the NM Court of Appeals under No. 32,326, of which neither Barrie Derringer or Alain Jackson will enter the high courts. Instead of properly litigating in the NM Court of Appeals, Alain Jackson attempts in fraud to reopen the trial court underlying. The intent here is to attempt to now take away David Derringer’s 1^st Amendment rights in fraud because David Derringer has placed legal public records of court pleadings on the Internet exposing the public corruption going on here and the lies and corruption of Barrie Derringer and Alain Jackson. Barrie Derringer has lied to her parents, friends, and employers regarding David Derringer to gain their help and financial assistance for the fraud of both DV-12-234 and DM-12-610, and is now “exposed” in her lies by the Internet pleadings posted of the cases by David Derringer. The reopening of DV-12-234 “malicious prosecution” is purely retribution, retaliation, and revenge by Defendants Barrie Derringer and attorney Alain Jackson of David Derringer v. Alain Jackson, Barrie Derringer et al of CV-12-10816;. A clear violation of NMRA 16-804 mandating disbarment.

Also on December, 2012, Barrie Derringer and attorney Alain Jackson also reopened DM-12-610 with a claim of Order to Show Cause of a final judgment of November 15, 2012 that not only is void under NMRA Rule 1-060 by contradictory writing and Constitutional violations but was put on appeal by David Derringer in NM Ct. App. No. 32,587 before the bogus violations of “Rule 11” filings in fraud by Alain Jackson and Barrie Derringer in DM-12-610. This too is simply “malicious prosecution”, retaliation, revenge, and retribution of Defendants Barrie Derringer and attorney Alain Jackson of David Derringer v. Alain Jackson, Barrie Derringer et al of CV-12-10816; A clear violation of NMRA 16-804 mandating disbarment.  Hearing was held in DM-12-610 on February 8, 2013 wherein Order was issued for “stay pending appeal” of DM-12-610 to NM Ct. App. No. 32,587. In sedition and treason against the Constitution, and with attempts to coerce a Judge Hadfield to violate her oath further in Constitutional deprivations, (criminal conspiracy and coercion of a justice to commit criminal acts) attorney Alain Jackson argued with the trial court that David Derringer should be “blocked” from any appeals of either DV-12-234 and DM-12-610, and asked the court for an “injunction” against David Derringer ever using the court system for any due process or equal protection.

I ask the Disciplinary Board to review the court hearing audio of February 8, 2013 Derringer v. Derringer DM-12-610. In rebuttal, David Derringer made it very clear to the court that David Derringer has a “right to sue” under federal law Title 42 Section 1981(a), and is totally entitled to the use of the United States Court system of justice under rights of “due process and equal protection” under US Code Title 42 Section 1981(a) as well as under the 4^th, 5^th, 13^th and 14^th Amendments. Alain Jackson has already been in criminal conspiracy with attempting to take away David Derringer’s 2^nd Amendment rights that had to be taken to appeal in DV-12-234 to NM Ct. App. No. 32,326, and now attempts to take away 1^st Amendment rights because they do not like being exposed in their fraud on the Internet with legal public documents of court pleadings that David Derringer has every right to expose such corruption under the 1^st Amendment. Alain Jackson is totally unfit to practice law in the United States and this Disciplinary Board is mandated under the Code of Professional Conduct to disbar Alain Jackson and seek criminal prosecution for perjury, fraud, and “conspiracy against rights” and “deprivation of rights under color of law” under the meaning of the federal criminal code of Title 18 Sections 241 and 242, and under “obstruction of justice” Title 18 Section 1503 for attempting to stop David Derringer from use of the appeal courts. Clearly, Alain Jackson cannot represent his client in the NM Court of Appeals or higher courts, and seeks to stop David Derringer from appeals.

This matter was brought on by Barrie Derringer with no cause to attack a husband that did nothing but love and protect this woman, but Barrie Derringer and attorney Alain Jackson “drew first blood”, and attacked David Derringer with fraudulent allegations of domestic violence and a divorce action that should never been initiated. Now, as this matter is legally escalating, they “whine” that David Derringer is defending himself against their outrageous acts when they thought they could simply get away with abusing a pro-se Respondent and put the matter to rest in a short period of time. As Barrie Derringer and Alain Jackson now finally realize that this matter will proceed though the courts for “years”, they want to now stop what they started by denying David Derringer any further use of the courts. That simply will not happen, and if Barrie Derringer and Alain Jackson had any sense, they would never have started this matter to begin with, but would have simply “talked out” any perceived problems with husband David Derringer. David Derringer has every right to continue this matter until “justice is served” no matter how long or in how many courts that is necessary. The arrogance and viciousness of a wife without cause, using an unethical attorney created a “mess” that now is in several courts, with the perpetrators of Barrie Derringer and attorney Alain Jackson now trying to stop by keeping David Derringer from litigating in the US Court system, when all of this matter should have never started, by Barrie Derringer simply needing to “talk” to her own husband. Instead Barrie Derringer was not “loyal” or rational, but mis-used everyone around her to abuse a husband that only loved her. Alain Jackson knowingly entered this abuse with projections that he could abuse David Derringer and allow his client Barrie Derringer to walk away with everything, while depriving David Derringer “all rights” as a US Citizen. Now,  both realize that this matter will do nothing more than escalate each day, and seek to stop it by more criminal acts against David Derringer, which in turn creates even more new litigation against them. Alain Jackson is now sued for tort actions against David Derringer with “knowledge” of the third party damages he created illegally against David Derringer. Alain Jackson has no “immunity” for what he has done here both unethically and against all law, and with criminal conspiracy with Barrie Derringer.

Now, as Alain Jackson finally realized that David Derringer has been in litigation before, and is not an “uneducated Cowboy hay seed”, and is better educated than Alain Jackson, Barrie Derringer and Alain Jackson realize that David Derringer knows how to litigate in the court system pro-se, they attempt to stop and win the litigation by deprivation of due process and equal protection from the opposition, and whine and complain that now the matter is escalating in the extreme, and they don’t know how to cope with the higher courts or new law suits for the torts they maliciously did against David Derringer, and thus attempt to stop David Derringer’s use of the US Court system. This mandates disbarment of Alain Jackson, and David Derringer thus quotes multiple “authorities” for this disciplinary board to file charges and hold a hearing on the disbarment of Alain Jackson, as well as the mandate to inform the law enforcement authorities of the criminal act of conspiracy by Alain Jackson for prosecution. 

Violations of the Code of Professional Conduct to include but not limited to NMRA 16-401 “FRAUD WITH CLIENT”, 16-804 and other vicious and unethical acts.  Alain Jackson should be permanently disbarred from any practice of law in the State of New Mexico and the APD should be contacted to investigate and prosecute both Barrie Lee Derringer and Alain Jackson for provable perjury and fraud to a court of law for unethical and criminal reasons. An attorney cannot attempt to win his case by forcing actions wherein he stops the ability to litigate of the opposition in deprivation of due process.

This Disciplinary Board should be outraged on the

conduct of attorney Alain Jackson

Malicious prosecution: Richter v. Neilson, 11 Cal. App.2d 503, 54 P.2d 54 Cal. App. 1 Dist. 1936.Both the “motive” and “purposes” of CV-2010-03825 were “improper ones”.

Hedrick v. Perry, 102 F.2d 802 “Evidence is sufficient to establish a conspiracy to cheat and defraud if the facts and circumstances pieced together and considered as a whole convince the judicial mind that the parties united in an understanding way to accomplish the fraudulent scheme.”

Woodson v. Phillips Petroleum Co., 102 N.M. 333, 695 P.2d 483 (1985) “Lawyers are officers of the court and are always under obligation to be truthful to the court.”

In re Nelson 79 N.M. 779, 450 P.2d 188 (1969) “Membership in the bar requires more than mere absence of intention to do wrong; otherwise a high standard of conduct could not be maintained.”

In re C’De Baca, 109 N.M. 151, 782 P.2d 1348 (1989) “Attorney engaging in conduct involving dishonesty or misrepresentation,.. engaged in conduct prejudicial to the administration of justice, and engaged in conduct adversely reflecting upon his fitness to practice law.”

In re Ortega, 101 N.M. 719, 688 P.2d 329 (1984) “Attorney disbarred for violations of various rules.”

In re Arrieta, 104 N.M. 389, 722 P.2d 640 (1986) “Attorney’s actions warranted..suspension since he made misrepresentations to a court”.

In re Rickard, 93 N.M. 35, 596 P.2d 248 (1979) “Unprofessional conduct involving dishonesty and fraud warrants disbarment.”

In re Stewart, 104 N.M. 337, 721 P.2d 405 (1986) “Protection of public is primary concern. The court’s primary concern...is to assure that the public is protected from dishonest attorneys, whatever the explanation for the dishonesty.” 

Gengler v. Phelps, 89 N.M. 793, 558 P.2d 62 (Ct. App. 1976) “Rule 16-804 mandates “fair play” of opposing counsel in the administration of justice; lawyers should not attempt to take advantage of technical errors under the rules of civil procedure, as neither the trial court nor the appellate court will condone this practice.”

In re Ayala, 102 N.M. 214, 693 p.2d 580 (1984) “Attorney disbarred for having engaged in ..misconduct, including subornation of false statements,..dishonesty, and intentional misrepresentations..in the form of false statements”.

In re Gabriel, 110 N.M. 691, 799 P.2d 127 (1990) “Probation and indefinite suspension warranted.”

In re Quintana, 104 N.M. 511, 724, P.2d 220 (1986) “Indefinite suspension warranted- Sixteen violations of nine rules governing professional responsibility, involving misrepresentation, neglect, and other conduct prejudicial to the administration of justice resulted in defendant’s being suspended indefinitely from the practice of law.”

In re Gambell, 115 N.M. 737, 858 P.2d 404 (1993) “Disbarment for manufacturing evidence- When an attorney, who is an officer of the court, and whose duty is it to protect the integrity of the adversarial system, intentionally lies and manufactures documents designed to achieve an advantage in litigation, he demonstrates a complete lack of fitness to practice law.”

US v. Guest, US Ga. 1966, 86 S.Ct. 1170, 383 US 745, 16 L.Ed.2d 239 “This section (Title 18 Section 241) pertaining to conspiracy against rights of citizens encompasses due process and equal protection clauses of USCA Constitution Amendment 14 and is not unconstitutionally vague.”

US v. Kozminski, US Mich 1988, 108 S. Ct. 2751, 487 US 931, 101 L.Ed.2d 788, on remand 852 F.2d 1288 “Statute prohibiting conspiracy to interfere with rights secured by Constitution or laws of the United States created no substantive rights, but prohibits interference with rights established by Constitution or laws and by decisions interpreting them.”

US v. McDermott, CA2 (N.Y.) 1990, 918 F.2d 319 cert. denied 111 S. Ct. 1681, 500 US 904, 114 L.Ed.2d 76 “Statute prohibiting conspiracy to injure, oppress, threaten or intimidate any inhabitant of a state in free exercise or enjoyment of a right or privilege secured under Constitution or laws of United States applied to alleged Fourteenth Amendment violations.”

Cartello v. US CCA8 (Mo) 1937, 93 F.2d 412 “A conspiracy is the gist of the offense of conspiring to injure citizens in exercise of right secured by federal constitution or laws.”

Title 18 Section 241-Conspiracy against rights  Title 18 Section 241 provides:  “If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised same”.

Title 18 Section 242-Deprivation of rights under color of law Title 18 Section 242 provides:   Whoever, under color of law, statute, ordinance, regulation, or custom willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, ..than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned..”

David Derringer

Box 7431

Albuquerque, New Mexico 87194