PLEASE TYPE OR PRINT
Date 2-27-2012 Mail
to: The Disciplinary Board
Post Office Box 1809
Albuquerque, NM 87103-1809
(505) 842-5781
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 6th
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 was hired in 2010
by the Derringer family, consisting of the married wife Barrie Lee Derringer
and husband David Brian Derringer to solve a problem with Barrie Derringer’s
(formerly Barrie Beverley) past ex-husband Charles Beverley concerning the
marital settlement agreement between them of 2008. Hence, both Barrie Derringer
and David Derringer have been past and ongoing clients of Alain Jackson for a
period of two years. During this time, Alain Jackson knew that the Derringers
were compatible and “in love” and had a good marital relationship.
In December, 2011 the Derringer’s
had their house burn down on December
23, 2011, killing 5 of the Derringer dogs, and Barrie Derringer
became mentally unstable under the traumatic stress of this incident and left
David Derringer 4 days later on December
27, 2011. Barrie Derringer apparently went to attorney Alain
Jackson to seek decision to separate or divorce David Derringer while under
this stress, instead of seeking proper counseling.
Alain Jackson, allowed Barrie
Derringer to hire him as a domestic relations attorney despite the “conflict of
interest” of having worked for both the Derringers, and wherein the Derringers
are still married at this time. Unethically, instead of Alain Jackson
persuading Barrie Derringer to seek counseling or work with her husband over
this matter, Jackson persuaded
Barrie Derringer to file bogus, and fraudulent “domestic violence” Petitions
against David Derringer even though Jackson
knew that David Derringer loved his wife and had never done any act of violence
verbally or physically. In fact when Barrie Derringer left David Derringer on
December 27, 2011 until January 26, 2012, Barrie Derringer went to the
Derringer travel trailer alone, sought and held voluntarily 6 personal meetings
with husband David Derringer to talk and to try to go dancing, all meetings
were “arranged” by Barrie Derringer which encompassed meeting husband David
Derringer in the dark, in deserted parking lots, allowed David Derringer in
Barrie Derringer’s car alone, at their storage behind locked doors alone, and
each time Barrie Derringer came alone for these Barrie arranged personal
meetings with David Derringer showing that there was no fear, or concern of
Barrie Derringer whatsoever as she knew that David Derringer loved her with all
of his heart and would never hurt her in any manner.
On February 4, 2012 Barrie Derringer with many persons
including friends two of her bosses and others broke into the Derringer storage
unit and took most of the Barrie Derringer property and community property and
much of David Derringer’s property. This advise came from Alain Jackson to
enable Barrie Derringer to steal as much community property as possible. The
APD were on the scene called by 911 of David Derringer and there was no one
hurt and APD forced Barrie Derringer to leave with her other persons. Alain
Jackson then advised Barrie Derringer to file in perjury and fraud a Petition
for Order of Protection under “domestic violence” stating in perjury that
Barrie Derringer was “afraid” of husband David Derringer and that she was
afraid she would get hurt, obtained a TRO for “protection” and stated that on
February 4, 2012 Barrie Derringer had been knocked down by David Derringer got
her hip hurt and David Derringer kept her from leaving. (the police report of
course does not have any of this fiction in the report) In TRO hearing of February 21, 2012, Alain Jackson promoted,
facilitated and allowed his client Barrie Derringer to lie to the court that
she was even afraid of husband David Derringer that day to be in the same
courtroom with him. (remember that Barrie Derringer met David Derringer in the
dark, in deserted parking lots, in locked storage with only the two of them,
let David Derringer in her car alone and it was Barrie Derringer that set up
and arranged all of the meetings between the Derringer’s in January, 2012.
Clearly, there was no one hurt on February 4, 2012 in front of the police)
Alain Jackson forced and advised Barrie Derringer to lie under oath, perjure
herself in the court of law, and conduct fraud in the court and with Barrie
Derringer’s petition; the petition stating that Barrie Derringer feared that
she would get hurt by David Derringer, and yet in testimony also stated “David
Derringer would never hurt my physically”. Alain Jackson has forced and
facilitated client Barrie Derringer to lie to a court and make filings in fraud
to a court and has conducted himself under fraud to gain multiple “restraining
orders” against David Derringer simply to make husband David Derringer appear
as a “bad guy” to the courts, when David Derringer has done nothing against his
wife and has only loved and tried to protect her since the day they met.
Alain Jackson has violated many
provisions 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
including “conflict of interest” in representing one of the Derringer’s when
both Derringer’s are past clients.
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. There is
tangible proof of the meetings set up by Barrie Derringer in the print out and
on the Sprint phone texts of the Derringer’s phones, showing without doubt that
there is no “fear” of Barrie Derringer of husband David Derringer at any time,
and the domestic violence and restraining orders sought and received by Barrie
Derringer and Alain Jackson are sought and based in perjury and fraud; criminal
acts under NMSA Section 30 criminal code.
David Derringer
Box
7431
Albuquerque,
New Mexico 87194
PLEASE TYPE OR PRINT
Date 2-10-2013 Mail
to: The Disciplinary Board
Post Office Box 1809
Albuquerque, NM 87103-1809
(505) 842-5781
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 6th
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 2nd
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 1st 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 4th, 5th, 13th and 14th
Amendments. Alain Jackson has already been in criminal conspiracy with
attempting to take away David Derringer’s 2nd 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 1st 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 1st 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
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