PLEASE TYPE OR PRINT
Date 3-21-2013 Mail to: The Disciplinary Board
Post Office Box 1809
Albuquerque , NM 87103-1809
(505) 842-5781
(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:
My name is:
(Please Print)
David Derringer
My mailing address is:
(include Zip Code)
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 DM-12-610. Alain Jackson was sued by David Derringer for tort action in CV-12-10816 on November 26, 2012, and in retaliation, revenge, and retribution, he advised his client to “reopen” DV-12-234 directly afterward on December 11, 2012, in perjury and fraud that the Order had been violated due to David Derringer putting public record court pleadings on the Internet, which of course David Derringer has a right to do under the 1st Amendment. Underlying, Alain Jackson was well aware that the case DV-12-234 is currently and was then in appeal with the NM Court of Appeals under No. 32,326, and Alain Jackson was also well aware that the case DM-12-610 is currently and was then in appeal with the NM Court of Appeals under No. 32,587. However, Alain Jackson advised his client Barrie Derringer to also file a Motion for Order to Show Cause in DM-12-610 with both actions in total violation of NMRA Rule 1-011.
However, in open court of DV-12-234 on March 19, 2013 Alain Jackson had his client “lie” in perjury and fraud that Barrie Derringer did not know that the matters of which she if the Petitioner were in appeal, and attorney Alain Jackson lied to the court that he did not know that the two cases were in appeal, even though Alain Jackson gets served all pleadings, and was served various memorandums from the NM Court of Appeals. When David Derringer told the Court that Alain Jackson was lying to the court as was his client in violation of NMRA 16-401, and 16-804, Alain Jackson then changed his lies to the statements that both of the appeals had been “dismissed”, wherein the Commissioner Cosgrove/Aguilar immediately looked them up on her computer and of courts the two appeals of No. 32,326, and No. 32,587 have not been dismissed but are ongoing, as well Alain Jackson knew. Alain Jackson has apparently advised his client to not enter her representation in either appeal, which is a detriment to his client, and tries apparently to dupe his client into believing that the appeals had been dismissed.
Alain Jackson has done perjury and fraud to the court of both DV-12-234 and DM-12-610 and lied twice to the Commissioner in DV-12-234 on March 19, 2013 that this disciplinary board could easily listen to of the court record of that day. Lying to a court of law, as Alain Jackson has done numerous times before mandates disbarment.
Due to the erratic and unethical actions of Alain Jackson and his illegal and unethical advice to Barrie Derringer to advise her to “lie” on documents, and in open court, the Bernalillo County Sheriff Department has investigated the perjury and fraud of Barrie Derringer and Barrie Derringer has now an open criminal case against her of State of New Mexico v. Barrie Derringer with the District Attorney under OA #2013-00780-1 of which Attorney Alain Jackson is digging a hole for his client that will put his client in jail and ruin her life due to the stupid actions of Alain Jackson.
Barrie Derringer is receiving extremely bad advice from everyone in her life, including her attorney Alain Jackson. David Derringer still and will always love Barrie Derringer, despite David Derringer having to defend himself in several court actions against Barrie Derringer for torts she did to him and rights and privileged she has taken away without any cause whatsoever. Although Barrie Derringer has been irrational and totally misled since she left her husband David Derringer, it has been impossible for David Derringer to get her turned around in her irrational way of thinking due to the bad influences of Alain Jackson and others and David Derringer cannot save his wife from the sabotage she does to herself, and from the outrageous acts and bad advice from others in her life, and with a no-contact order David Derringer cannot talk to or influence Barrie Derringer in any way to correct her outrageous behavior that has her damaging her life and wherein she is headed for jail. Alain Jackson is responsible for much of the bad that is happening to Barrie Derringer.
All of this matter should never have started with Alain Jackson knowing on February 21, 2012 that he could and should have advised his client Barrie Derringer to get counseling and put her marriage back together. Alain Jackson instead has his client doing criminal acts that will place her in jail.
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
This Disciplinary Board should be outraged on the
conduct of attorney Alain Jackson
Malicious prosecution: Richter v. Neilson, 11 Cal. Cal.
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
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
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