IN THE SUPREME
COURT OF THE STATE OF NEW MEXICO
No.__________________
New Mexico Supreme Court Disciplinary Board
STATE OF NEW MEXICO ex rel.
DAVID
DERRINGER,
Petitioner,
v.
ATTORNEY
ALAIN JACKSON,
Respondent,
PETITION
FOR WRIT OF SUPERINTENDING CONTROL
Submitted
by_______________________________________________________
David
Derringer Pro-Se
Box 7431
Albuquerque,
New Mexico 87194
PETITION
FOR WRIT OF SUPERINTENDING
CONTROL/ORDER
FOR DISBARMENT
Petitioner states:
a)
Grounds
for Jurisdiction of Supreme Court.
Petitioner is the homeless and destitute Pro-Se divorce Respondent in
the cases entitled Barrie Lee Derringer v. David Brian Derringer,
[DM-12-610 Rel. DV-12-234] Second Judicial District Court, County of
Bernalillo, State of New Mexico, in which the Petitioner’s attorney is Alain
Jackson. From the onset, Attorney Alain Jackson has taken advantage of the
Respondent of the case’s wife Barrie Derringer aka Barrie Crowe, which is
bi-polar, suicidal, has chronic depression, and with both PTSD and on multiple
medications of anti-depressants, anti-anxiety, sedatives, tranquilizers, and
with multiple medications of codeine and a past history of use of cocaine and
marijuana, with a genetic history of emotional disorders, and a history of
being a battered woman in a twice past marriage with a biker Charles Beverley,
making Barrie the least assertive and most vulnerable person in existence.
Barrie Derringer left David Derringer
on December 27, 2011 only four days after the extreme disaster of the Derringer
home burning down on December 23, 2011 two days before Christmas killing five
(5) of the Derringer dogs, just after three Derringer pets had also died of old
age only one week before, sending Barrie into a possible mental breakdown and
spiraling into a PTSD and extreme depression, of losing loved animals and having
no home. Instead of seeking counseling for his client and working with David
Derringer who the attorney knew loved his wife unconditionally, Alain Jackson
sought to coerce, use and seek with the client to ruin the Derringer marriage
and falsely advise the Petitioner to file in fraud and perjury a Petition for
Order of Protection in order to attack David Derringer and gain a “no-contact
order” so that there could not be any possibility of the husband helping or
advising his own wife. With Alain Jackson’s corruption and “bad advise” to a
very vulnerable woman, Barrie Derringer is now under criminal complaint by the
District Attorney CASE OA # 2013-00780-1. Alain Jackson has mis-used his power
and position as attorney to precipitate cases DV-12-234 and DM-12-610 against
the best interest of his client Barrie Derringer and against her husband;
impeding, interfering and blocking entirely any ability of husband David
Derringer from helping and protecting his wife. 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.”
Alain Jackson has lied to the courts,
used corruption, facilitated both perjury and fraud of his client, as well as
conducted himself with same both in open court and in pleadings, and lied as
well to the Disciplinary Board revolving around the three valid complaints
issued by David Derringer against Alain Jackson. This entails a complete lack
of ethics and total disregard for the truth, and mis-use of an “officer of the
court” to gain advantage over a pro-se Respondent and enter his client into a
failure of her life. In this process, Alain Jackson has violated the Code of
Professional Conduct NMRA 16-401 and 16-804 and has conducted sedition and
treason to the United States trying to impede David Derringer from rights of
due process and equal protection, illegally taking Constitutional rights, as
well as blocking appeals.
Alain Jackson had prior in 2010, been
the attorney for the Derringers when wife Barrie Derringer, when the wife of
David Derringer, had sought resolution of enforcement of the Marital Settlement
Agreement of her past biker husband Charles Beverley. Thus as under the law of “marriage
contract”, “community income” and the secular nature of the marriage institution,
Alain Jackson was “hired” by both the “community income” of both David
Derringer and Barrie Derringer to resolve a problem of a past marriage that was
affecting the current marriage of the Derringers. Spouses are equal partners,
and the “legal identity” of husband and wife does not exists in New Mexico, as
clearly defined by NMSA 21-6-6, 57-2-6, 57-3-4, 57-3-6, 57-3-9, thus having
made Alain Jackson at that time working for both the Derringers, not just
Barrie Derringer. Accordingly, then to take the case of DV-12-234 and DM-12-610
to facilitate Barrie Derringer attacking her own husband David Derringer for
divorce entails a total conflict of interest and violations of the “Code of
Professional Conduct”. Alleging this matter in the first Complaint to the
Disciplinary Board, the Disciplinary Board acted in both discharge of duties
and corruption to protect and disregard ethics, and denied and ignored the
first Complaint of 2-27-2012.
Alain Jackson facilitated the perjury
and fraud of Barrie Derringer in her lies in the Petition for Order of
Protection DV-12-234 and lied and misrepresented to the court in the hearing of
February 21, 2012 as well as knowingly corrupted the court to pursue and
continue the action when David Derringer had never been served any summons
making the court without jurisdiction and in “fundamental error” in DV-12-234.
Jackson then used the illegal “civil” DV-12-234 to illegally take the 2nd
Amendment rights of David Derringer and gain a “no-contact order” making it
thus impossible for David Derringer to evermore protect his wife and gaining
the ability of Alain Jackson to give further bad advise. Even in the hearing,
Barrie Derringer testified that “David
would not hurt me physically” thus impeaching her own notarized
Petition wherein in fraud she had stated otherwise. In this process, Alain
Jackson conducted federal criminal acts under the meaning of US Code Title 18
Sections 241 and 242 “Conspiracy against rights” and “deprivation of rights
under color of law”, and continues to corrupt the courts seeking to deprive
David Derringer due process and equal protection and deprivation of
Constitutional rights and block appeals.
Due to the torts, facilitation of interference
with a legal marriage, loss of consortium and alienation of affection, David
Derringer was forced to sue Alain Jackson on November 26, 2012 wherein Alain
Jackson then conspired with Barrie Crowe aka Barrie Derringer in retaliation,
retribution and revenge to “re-open DV-12-234, already in appeal, and to
re-open DM-12-610 in order to attack David Derringer in “malicious prosecution”
with bogus claims of violations of the Order of Protection and the Final Judgment of DM-12-610 also in
appeal. David Derringer filed yet another Complaint thoroughly sustained in
facts and law on 2-10-2013 that was again denied and ignored by the
Disciplinary Board. In DM-12-610 Alain
Jackson has lied to the court regarding defiance of discovery, lied about
appeals that are current, filed pleadings and sought in open court to deny due
process and equal protection against the Petitioner, and pleaded and begged in
open court to have an injunction placed against David Derringer to stop any
further use of the United States Court System and pleaded to stop any ability
of David Derringer to appeal. This precipitated the further Complaint of 2-10-2013
that again was sustained by facts and evidence of court records, again denied
and ignored by the Disciplinary Board.
As David Derringer continued to defend
himself with appeals of the egregious corruption of the courts working in
concert and ex-parte communication with Alain Jackson in attempting to jail and
deprive David Derringer rights to place public records of court pleadings on
Internet to expose this public corruption, Alain Jackson sought to deprive
David Derringer’s 1st Amendment rights in the hearing of March 19,
2012 in DV-12-234. In the process Alain Jackson first misrepresented to the
court that no appeals of DV-12-234 existed and then lied that they were “dismissed”.
David Derringer then filed further Complaint with the Disciplinary Board on 3-27-2013,
of which Alain Jackson lied to the Disciplinary Board, and the Disciplinary
Board, without listening to the court records, protected the unethical attorney
yet again and denied and ignored the David Derringer Complaint for the third
time.
David Derringer then went and paid for
the CD Rom audio transcripts of the March 19, 2013 DV-12-234 court hearing and
presented them as evidence to the Disciplinary Board as “undeniable evidence”
that Alain Jackson had lied to and misrepresented to a court of law, and had
lied to the Disciplinary Board of the incident. The Disciplinary Board listened
to the tapes and confirmed in their letter of May 8, 2013 that indeed Alain
Jackson had lied and misrepresented to the court that there were no appeals of
DV-12-234 in which the records shows NM Court of Appeals No. 32,326, and then
when corrected and contested that he had “lied” by David Derringer in open
court, then “lied” again to state that the appeal had been “dismissed” which it
has not under No. 32,326. The Disciplinary Board confirmed in the letter that: “You
have submitted to this office two CD’s of a hearing held on March 19, 2013 in
case DV-202-2012-234. I have listened to the CD’s. Mr. Jackson does state that
your appeal is dismissed. He further states that “every appeal that Mr,
Derringer has filed has been dismissed.” I have verified that DV-202-2012-234
is still on appeal.” 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”. Despite the clear
and convincing absolute proof of evidence that Alain Jackson lied in court,
misrepresenting the truth to manipulate and corrupt the court, and meant to
mislead the court against David Derringer. Alain Jackson then lied to the
Disciplinary Board on Complaint, and totally is in discharge of ethics and
corruption of the Code of Professional Conduct. The Disciplinary Board again “protects”
and ensures that Alain Jackson is free to lie, cheat and steal within the court
system as an “office of the court” with
no mandated disbarment or disciplinary action by his perjury, fraud, corruption
and misrepresentations; continuing to ruin the life of the client Barrie
Derringer and head her for jail with criminal acts, and ruining the marriage of
the Derringers and taking illegally the Constitutional rights of David
Derringer with torts and corruption of David’s 1st, 2nd,
4th, 5th, 6th, 13th and 14th
Amendments, and facilitating Barrie Derringer’s torts and fraud against her
husband. [1]
Attorney Alain Jackson is entirely corrupt and unethical
and must be disbarred from further practice of law in the United States and the
Disciplinary Board clearly only “protects” and defends attorneys no matter how
grievous and atrocious actions they take against the courts and the public of
this country. The Disciplinary Board must be investigated for “public
corruption”. David Derringer has no legal recourse but to continue to expose
these and other unlawful activities until some element of the Government takes
corrective action. Prei, Inc. v. Columbia Pictures 508 U.S. 49,
113 S.Ct. 1920, 1925, 123 L. Ed. 2d 611 (1993).; Olmstead v. United
States, 277 U.S. 438, 485 (1928): "Our Government is the
potent, the omnipresent teacher. For good or for ill, it teaches the whole
people by its example. . . . If the Government becomes a lawbreaker, it breeds
contempt for law; it invites every man to become a law unto himself; it invites
anarchy."” (Emphasis added). Code of Judicial Conduct Canon 3 (D)(2).
Disciplinary responsibilities: “A judge who receives information indicating a
substantial likelihood that a lawyer has committed a violation of the Rules of
Professional Conduct should take appropriate action. A judge having knowledge
a)
Circumstances
Making Petition Necessary and Proper.
The conduct of the Respondent is unbecoming an attorney and doing
criminal and unethical acts in total discharge of law, and violations of the
Code of Professional Conduct mandating “disbarment”. This type of activity has
taken the Constitutional rights of David Derringer and corrupted and caused
cancerous growth in the entire judicial system, rendering the integrity of the
judicial system “mute”. The Disciplinary Board has “knowingly” accepted the
proven lies, corruption and deceit of Alain Jackson with a demeaning attitude
against the “integrity” of the judicial system which is public corruption that
defeats the proper purpose of the courts as designed by Congress. By this action and corruption and the courts
being party to the corruption of Alain Jackson as well as the ex-parte
communication for a conspiratory end against David Derringer, David has had his
life destroyed, his Constitutional rights taken and the Petitioner Barrie
Derringer has been steered and maneuvered into criminal acts of fourth degree
felonies that will ruin her life, and left without any protection by the
husband that loves her due to Alain Jackson being outside of the law and unethical
use of his power and position as “attorney”. 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.” This court has jurisdiction to exercise its
power of superintending control to “...prevent irreparable mischief...” State
ex rel. Anaya v. Scarborough, 75 N.M. 702, 706, 410 p.2d 732
(1966).
If justice were to be served, David
Derringer has always had all of the
statutes, Constitutional rights, privileges and immunities and case laws
involving all matters involved here as a remedy to stop this divorce and
mandate the denial and dismissal of the Petition for Dissolution of Marriage
and to deny and dissolve the Order of Protection brought in proven “perjury and
fraud” in a 4th degree felony by the false notarized statement of
Barrie Derringer. At the end of all of this, after multiple appeals, either the
New Mexico courts will have to go against all of the NM Statutes, Constitution
and former case laws over all matters here to render the divorce for Barrie
Derringer, or acclimate to the law and deny and dismiss the Petition for
Dissolution of Marriage without any divorce for Barrie Derringer under any
circumstances, and Order Barrie Derringer “accountable” by law enforcement for
the criminal acts of perjury, fraud, falsification of the court record, animal
abandonment and abuse and other acts against the law, and take off the Order of
Protection that is entirely outside of Constitution, and make restitution to
David Derringer for all acts of deprivations. Parratt v. Taylor,
451 U.S. 527, 101 Supreme Court 1908, 68 P.Ed.2d 420 (1981). Attorney Alain
Jackson has precipitated all of this injustice and damages to every party
involved, including extreme damages to his own client. Alain Jackson is
mandated to be disbarred as well as totally liable for criminal acts. Civil
Rights 13.4(2) “is accountable via 1983 action..in a position of
responsibility, knew or should have known of misconduct and yet failed to
prevent future harm.” Even though David Derringer currently has a valid tort
law suit against Alain Jackson of CV-12-10816, more civil rights litigation is
required and still much damage cannot be repaired. This subjects David Derringer
to results of ...great, extraordinary or exceptional hardship, costly delays
and unusual burdens of expense.” State ex rel. Anaya v. Scarborough,
75 N.M. 702, 706, 410 p.2d 732 (1966). The Petitioner has been conspired
against by the Respondent in this matter to destroy his pets/animals, income, marriage,
the life and stability of his wife, David’s life, respect for the law and
judicial system and inherent belief in the integrity of the system. There are
“lives” at stake here, both David Derringer at 64, Barrie Derringer at 57, (a
woman in the most vulnerable age for overdoses of opiate prescription drugs are
in depressed “women” between the ages of 44-64) and many pets aging
every day that have been abused by the Respondent and Barrie Derringer that
have only several more years of ability to function, and impart enjoyment and
reciprocal love to the Petitioner. The Petitioner, David Derringer, has had all
of his ability to protect his own property, his own life, his Constitutional
rights, and the life, emotional stability, mental stability, and physical
health of his wife Barrie Derringer compromised and denied by attorney Alain
Jackson. All of this hardship, wasting of the lives of Derringer’s animals,
wasting the senior years of David Derringer and Barrie Derringer and delay and
expense can be avoided, the laws of our state upheld, the corruption occurring
here stopped, the criminal acts here stopped, and judicial economy served by the
exercise of superintending control of the Supreme Court in this case. Clearly,
to save Barrie Derringer’s life itself, the prescription drug abuse and
possible illegal drug abuse by Barrie Derringer must be tested and stopped
before a suicide or overdose kills Barrie Derringer, whom David Derringer
loves with all of his heart. Since Alain Jackson exercises no protection or
concern over Barrie’s mental health, physical health or criminal
accountability, and husband David Derringer has no ability to help his wife or
protect his wife due to a corrupt and illegal “no contact” order of protection
held against David Derringer in fundamental error of no jurisdiction with no
service of summons, it is the duty of this court to “protect” Barrie Derringer
and the public from the actions of Alain Jackson.
a)
Real Party
in Interest
The Respondent is an attorney licensed by the Bar of the State of New
Mexico under the jurisdiction of the New Mexico Supreme Court, who is acting in
the discharge and corruption of his official duties and legal responsibilities
as an “officer of the court”. The real
party in interest in peril over this entire matter is wife Barrie Lee
Derringer.
a)
Grounds
Upon Which This Petition is Based
The Respondent Alain Jackson “has knowledge” of all of
the serious criminal acts of Barrie
Derringer and the fraud underlying both the Order of Protection and Petition
for Dissolution of Marriage, including the abandonment and abuse of the animals
and abandonment of the Derringer Marriage with taking all monies illegally, and
“facilitates” the acts to gain a divorce for Barrie Derringer that is not at
all in the best interest of either Barrie Derringer or David Derringer. “Fraud
by Client” “ Paragraph B of 16-401 (Truthfulness in statements to others)
recognizes that substantive law may require a lawyer to disclose certain
information to avoid being deemed to have assisted the clients’ crime or
fraud.” The Respondent knows that the Order of Protection violates the
Constitution 1st and 2nd Amendment, violates US Supreme
Court ruling No. 10-1521, is without evidence or proof, and violates David
Derringer’s “professional rights” for use of firearms, and is not in the best
interest of either Barrie Derringer or David Derringer due to Barrie
Derringer’s suicidal tendencies, drug abuse and venereal disease. Just before
the hearing held illegally of February 21, 2012 of DV-12-234, Alain Jackson
knew and was told by David Derringer that David Derringer would do anything to
save the Derringer marriage, and Alain Jackson admitted that under proper
counseling and advice Barrie Derringer would turn this action around and
probably save the Derringer marriage, and then instead proceeded to advise and
facilitate the destruction of the Derringer marriage. Nemours Foundation v. Gilbane Aetna Federal Insurance Co.,
632 F. Supp. 418 “D. Del. 1986 District Court has power to supervise ethical
activities of attorneys who practice before it and, if necessary, disqualify
those whose conduct breaches norms established by bar.” ; Kaiser
Steel Corp. v. Frank Coluccio Construction Co., 785 F.2d 656 “CA (Wash)
1986 District Court generally must control the professional conduct of
attorneys who practice before it.”
The Petition for Dissolution of
Marriage was also brought in “malicious prosecution” by lies of Barrie
Derringer and brought under “bad advice” of attorney Alain Jackson and Barrie’s
bosses and parents, without merit. Gates
Rubber Co. v. Bando Chemical Industries LTD, F. Supp 330 “D. Colo. 1994
District Court has obligation to take measures against unethical conduct
occurring in any proceeding.” The Respondent Alain Jackson knowingly allows
Barrie Derringer; defy all of the marriage contract; disregard third party
obligations under NMSA 45-2-804; keep David Derringer’s sole and separate
inheritance and all community income from David Derringer; criminally abandon and abuse the Derringer
animals without providing food and water; and other break-ins and egregious
acts so as to gain the enrichment of the Derringer community income as well as
take Barrie Derringer’s income without trying to settle the matters between David
Derringer and wife Barrie Derringer. Alain Jackson knows that Barrie was
emotionally in PTSD after the fire and “preyed” upon her to advise her to seek
a divorce for no legal or logical reasoning, with the Respondent not following
any Constitution or law, but based solely on Alain Jackson’s own personal
twisted beliefs and personal agendas. Grace
v. Center for Auto Safety, 155 FRD 591 rev. 72 F.3d 1236 “ED Mich.
Federal courts may use their inherent powers to supervise and discipline attorneys.”
FACTS:
1)
Upon the advise
of attorney Alain Jackson, Barrie Derringer “Lied” in the Notarized
Petition for Order of Protection of February 6, 2012 (a forth degree felony under
NMSA 30-25-1) that on February 4, 2012
David Derringer had “knocked her down, hurt her hip, bruised her, and kept her
from leaving” the Derringer storage premises of 101 Florida SE Unit C and that
Barrie Derringer is extremely afraid of husband David Derringer. The APD police
report of 2-4-2012 contradicts all of this perjury, as does the Sprint text
print out of all of January showing that Barrie Derringer “chose” to meet in
person with husband David Derringer numerous times “alone”, “in the dark”, in
deserted places, and allowed David Derringer in her car, to allow David
Derringer to kiss and hug her and other acts showing that David Derringer loves
his wife and that Barrie Derringer knows that David Derringer would never hurt
her at any time. In the hearing of February 21, 2012 Barrie Derringer produced
no evidence of any kind of bruise photographs, doctor statements, and no
witnesses to sustain any allegation of domestic violence by David Derringer
against Barrie Derringer, and there were no criminal charges or arrests made
against David Derringer at any time. The “perjury” and possible drug related
“incoherence” of Barrie Derringer was evident wherein under Oath Barrie
Derringer states that “she is so afraid of being hurt by David Derringer even in
this courtroom” and minutes later, still under oath states that “David
Derringer would not hurt me physically, he loves me”. There was not
only no “preponderance” of evidence to sustain Barrie Derringer’s Petition, but
no evidence whatsoever from Barrie Derringer but her false statements. State
v. Hargrove, 81 NM 145, 464, P.2d 564 (Ct. App. 1970). The Order of
Protection of DV-12-234 is simply used in legal error and “judicial terrorism”
against David Derringer by the Respondent as there was never any summons served
and the court never had either personal or subject matter jurisdiction of
DV-12-234, which is the entire underlying this entire malicious filing of
divorce DM-12-610 to provide a “no contact order” wherein husband David
Derringer cannot talk to his wife; cannot protect his wife; cannot keep his
wife from damaging herself with drugs or suicide; wherein she is back also with
a same crowd of persons as when with her past biker twice married 30 year
husband Charles Beverley, that induced Barrie Derringer to continue abuse of
alcohol and marijuana and “introduced” Barrie Derringer to “cocaine” and likely
other illegal and controlled substances.
US v. Barrera-Moreno, 951 F.2d 1089; Kunkel
v. US, 113 S. Ct. 417, 506 US 957, 121 L.Ed.2d 340; Ruis
v. US, 113 S. Ct. 985, 506 US 1055, 122 L.Ed.2d 137
“Government’s failure to be aware of and stop use and distribution of cocaine”.
Kleiner v. First National Bank of
Atlanta, 751 F.2d 1193 “Courts possess inherent power to protect
orderly administration of justice and to preserve the dignity of the tribunal
and the inherent power of a court to manage its affairs necessarily includes
authority to impose reasonable and appropriate sanctions upon errant lawyers
practicing before it. Authority of a court over officers of its bar is at least
as great as its power over litigants”. ” Alain Jackson has perpetuated Case DV-12-234
without jurisdiction and misused the Order of Protection to take 1st,
2nd, 4th, 5th, 6th, 13th
and 14th Amendment rights from David Derringer. In re Mroz, 65 F.3d 1567 “ CA 11 (Fla.) 1995 Incidental
powers of federal courts include power to control admission to its bar. David
Derringer was a very good husband to Barrie Derringer and is the only
person in the world that truly loves his wife “unconditionally” and would protect
her health and well-being more than any other person ever before or currently
in her life, and Alain Jackson is well aware of that fact, having known the
Derringers prior to the divorce action when the Derringer’s were lovingly
married. The Order of Protection was without service of summons, and David
Derringer notified the court before hearing so that the hearing had to be
dismissed as without “jurisdiction”. The
material witness Bruce Davis was denied by Commissioner Cosgrove/Aguilar
and this bias and prejudice makes the hearing also jurisdictionally defective
and Alain Jackson allowed this to continue to his clients advantage. In re Villareal, 46 BR 284 “As
officers of the Court, counsel owes duty to judicial system not to abuse it.” The
testimony of both David Derringer and third party Bruce Davis at the trial of August
23, 2012 proves that at no time did David Derringer ever “touch” Barrie
Derringer on February 4, 2012, even when Barrie Derringer came rushing to calm
and console her husband after the assault and battery by Barrie Derringer’s own
gang of 12 persons, and wherein Barrie Derringer placed her hands on David
Derringer’s cheeks, and said “Calm down, you’re OK”, David
Derringer still did not physically touch, hug or kiss, or make any other
actions with contact of Barrie Derringer. The hearing then placed an Order of
Protection against David Derringer that denied use or ownership of firearms in
total violation of the 2nd Amendment “right to bear arms”. In US
Supreme Court No. 10-1521 in 2010, the right of firearms was decided to be a
personal right to own, use and possess firearms, including “personal
protection”. David Derringer also had a “property right” to use and own
firearms defied by this Order of Protection. It is inescapable and impossible
that the Respondent has completely misconstrued the 2nd Amendment of
the Constitution and the recent ruling of the United States Supreme Court in
2010 in No. 10-1521 that grants David Derringer rights as a “citizen” to own,
possess, and use “firearms” and particularly when the “profession” of David
Derringer is NM Professional Outfitter/hunter registered No. 32, and yet
refused to follow the law, and rammed through Constitutional deprivations by
power as an attorney over a pro-se party. Erickson
v. Newmar Corp., 87 F.3d 298 “District Court has duty and
responsibility of supervising conduct of attorneys who appear before it.”David
Derringer has an undeniable “property
right” (necessity) to use and own firearms defied by this Order
of Protection. Roberts v. State Bd. of Embalmers and Funeral Directors,
434 P.2d 61 N.M.,1967
“The right to practice a profession or vocation is a property right.”; Muckleroy
v. Muckleroy, 498 P.2d 1357 N.M.,1972. This violates the Supremacy Clause of the
Constitution Article VI. Where the state
is not in compliance with the federal regulations because of judicial constructions that
circumvent or undermine the legislative intentions of the act, and because no judge can infringe upon the
Constitutional rights of United States Citizens, it can be presumed that those
rights are protected under the federal mandates, including a “right to bear
arms” as a Constitutional right now deemed to be a “personal right” to own, use
and possess firearms by David Derringer. Alain Jackson knows that his legal position
is entirely without legal merit and uses
“conspiracy against rights” to destroy David Derringer and his own client’s life even though bound by the “supremacy clause” that mandates dismissal of the Order of Protection of February 21, 2012 of DV-12-234 due to the fundamental error of lack of service with “restitution” of deprivation of rights for David Derringer. On June 6, 2005, the United States Supreme Court ruled that.. The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail...” in Gonzales v. Raich, No. 03-1454 SEE United States v. Colorado Supreme Court, No. 98-1081, 10th USCA. Alain Jackson knows that Case DV-12-234 has violated the Supremacy Clause by attempting to regulate an area of federal law controlled in the Second Amendment and by precedent ruling of the US Supreme Court No. 10-1521. Alexander v. Delgado, 84 NM 717, 507 P.2d 778 (1973); State v. Sedillo, “it appears that the Supreme Court necessarily decided the issues underlying the claim” in US Supreme Court No. 10-1521 in 2010. Stoneking v. Bank of America, 132 NM 79, 43 P. 3d 1089. “Under Article VI of the Constitution, the laws of the United States “shall be the supreme law of the land..any thing in the Constitution or laws of any State to the contrary notwithstanding”. US Constitution Article VI Cl.2 “The Supremacy Clause prohibits the application of state laws which conflict with federal laws.” Home Mortgage Bank v. Ryan, 986 F.2d 372, 375 (10th Cir. 1993).” Alain Jackson has placed his client in criminal jeopardy and physical and mental harm in acts of “reckless endangerment” wherein the DA is seeking to prosecute Barrie Derringer for the 4th degree felony of “perjury” in a notarized statement meant for fraud and false criminal allegations against husband David Derringer for corrupt purposes of malicious prosecution and harassment, retaliation and retribution against David Derringer, wherein the “plan” of stealing all Derringer property of any kind on February 4, 2012 before any divorce filing was thwarted by David Derringer calling 911 and the APD putting a stop to the deceit of Barrie Derringer and 12 persons engaged in the attempt to take all community property, Barrie Derringer property and David Derringer property and to leave David Derringer with “nothing” before even the filing of divorce by Barrie Derringer. The 12 persons did “assault and battery” against David Derringer with both knowledge and likely advise of attorney Alain Jackson. State v. Miller, 92 NM 520, 590 P.2d 1175 (1979). Known to Alain Jackson in this process, serious judicial jurisdiction defects abound, to include but not limited to lack of service of summons, forcing David Derringer to continue with a hearing in which he was not served and gave notice of such before hearing, (no service in personam) Constitutional violations, due process and equal protection violations, violations of US Supreme Court ruling No. 10-1521, and violations of the Supremacy Clause of Section VI of the Constitution, and proven contradiction to the testimony of Barrie Derringer, and whereas as Barrie Derringer fails and “refuses” to account for the community property purchased by Barrie Derringer after January 2012 and Barrie Derringer fails and “refuses” to account for the community income after January 2012, Barrie Derringer does both “fraud” to her husband and violations of all laws at the “advice” of Alain Jackson. Mead v. O’Connor, 66 NM 170, 344 p.2d 478 (1959). Barrie Derringer has after December 2011 been incoherent, irrational, and not followed any law or ethics with the bad advise of Alain Jackson to her own demise of coming accountability and ramifications of her actions. With Alain Jackson both DV-12-234 and DM-12-610 were both brought in malicious prosecution and for improper purposes. Alain Jackson allows his client to lie, advises his client to lie and lies himself to the court for his client and for himself. 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.”
“conspiracy against rights” to destroy David Derringer and his own client’s life even though bound by the “supremacy clause” that mandates dismissal of the Order of Protection of February 21, 2012 of DV-12-234 due to the fundamental error of lack of service with “restitution” of deprivation of rights for David Derringer. On June 6, 2005, the United States Supreme Court ruled that.. The Supremacy Clause unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail...” in Gonzales v. Raich, No. 03-1454 SEE United States v. Colorado Supreme Court, No. 98-1081, 10th USCA. Alain Jackson knows that Case DV-12-234 has violated the Supremacy Clause by attempting to regulate an area of federal law controlled in the Second Amendment and by precedent ruling of the US Supreme Court No. 10-1521. Alexander v. Delgado, 84 NM 717, 507 P.2d 778 (1973); State v. Sedillo, “it appears that the Supreme Court necessarily decided the issues underlying the claim” in US Supreme Court No. 10-1521 in 2010. Stoneking v. Bank of America, 132 NM 79, 43 P. 3d 1089. “Under Article VI of the Constitution, the laws of the United States “shall be the supreme law of the land..any thing in the Constitution or laws of any State to the contrary notwithstanding”. US Constitution Article VI Cl.2 “The Supremacy Clause prohibits the application of state laws which conflict with federal laws.” Home Mortgage Bank v. Ryan, 986 F.2d 372, 375 (10th Cir. 1993).” Alain Jackson has placed his client in criminal jeopardy and physical and mental harm in acts of “reckless endangerment” wherein the DA is seeking to prosecute Barrie Derringer for the 4th degree felony of “perjury” in a notarized statement meant for fraud and false criminal allegations against husband David Derringer for corrupt purposes of malicious prosecution and harassment, retaliation and retribution against David Derringer, wherein the “plan” of stealing all Derringer property of any kind on February 4, 2012 before any divorce filing was thwarted by David Derringer calling 911 and the APD putting a stop to the deceit of Barrie Derringer and 12 persons engaged in the attempt to take all community property, Barrie Derringer property and David Derringer property and to leave David Derringer with “nothing” before even the filing of divorce by Barrie Derringer. The 12 persons did “assault and battery” against David Derringer with both knowledge and likely advise of attorney Alain Jackson. State v. Miller, 92 NM 520, 590 P.2d 1175 (1979). Known to Alain Jackson in this process, serious judicial jurisdiction defects abound, to include but not limited to lack of service of summons, forcing David Derringer to continue with a hearing in which he was not served and gave notice of such before hearing, (no service in personam) Constitutional violations, due process and equal protection violations, violations of US Supreme Court ruling No. 10-1521, and violations of the Supremacy Clause of Section VI of the Constitution, and proven contradiction to the testimony of Barrie Derringer, and whereas as Barrie Derringer fails and “refuses” to account for the community property purchased by Barrie Derringer after January 2012 and Barrie Derringer fails and “refuses” to account for the community income after January 2012, Barrie Derringer does both “fraud” to her husband and violations of all laws at the “advice” of Alain Jackson. Mead v. O’Connor, 66 NM 170, 344 p.2d 478 (1959). Barrie Derringer has after December 2011 been incoherent, irrational, and not followed any law or ethics with the bad advise of Alain Jackson to her own demise of coming accountability and ramifications of her actions. With Alain Jackson both DV-12-234 and DM-12-610 were both brought in malicious prosecution and for improper purposes. Alain Jackson allows his client to lie, advises his client to lie and lies himself to the court for his client and for himself. 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.”
Barrie Derringer had met, dated,
became engaged to and married “Cowboy” David Derringer, fully knowing that
David Derringer had little income, lived in a travel trailer, treasured his
“animals”, and had a remote residence without running water or electricity
being a rougher life style than city living. Barrie Derringer not only embraced
this lifestyle, but vowed to move with David Derringer further into a
mountainous area wherein their way of living would be even more self sufficient.
After a disaster of a home burning down on December 23, 2011 that the couple
sought to purchase, killing 5 Derringer dogs, the PTSD (post traumatic stress
disorder) accompanied by bullying and coercion by bosses and family members
accompanied by extreme abuse use of Barrie’s prescription opiate drugs,
precipitated the unwarranted divorce filing, claiming then under Alain Jackson’s
advise, that Barrie Derringer needed a “divorce” because she did not always
have “running water and electricity”; yet another in a series of “lies” for
effect in court advised by Alain Jackson. 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.” Barrie Derringer simply
succumbed to pressure of the advise of Alain Jackson without ever trying to
save her marriage. Alain Jackson dreamed up the illegal and moral violations
here, discounted and ignored the underlying emotional and mental problems of
Barrie Derringer, disregarded the
medical infectious disease of an STD “venereal disease of Herpes III” that
Barrie Derringer would spread to others outside of a marriage and ignored the
suicidal and drug taking problems of Barrie Derringer and would not, despite
numerous motions before the court from David Derringer, agree to Order drug
testing, disease testing, mediation, counseling, or other remedy for the best
interest of his client, and the Respondent adamantly defied the mandate of New
Mexico to “save the marriage”. Matter
of Lord’s Estate, 602 P.2d 1030, 93 NM 543 “It is policy of state to
foster and protect marriage institution.” Instead, the Respondent forced his own
agenda, denied due process and equal protection for David Derringer; denied
David Derringer discovery and other Rules of Civil Procedure, and forced
continuation of hearings and a trial without jurisdiction or judicial capacity
when the matters had already been appealed to the NM Court of Appeals. Alain
Jackson had a ethical duty to both address, rectify and mandate drug testing,
venereal disease testing, and suicidal and emotional counseling and to address
the “real problems” of this matter. Alain
Jackson “ignored” all law, all duties to
the safety and stability of Barrie Derringer and endangered her health, in a
total violation of the Civil Rules Civil Procedure and all law; Oath, Code of
Professional Conduct; Constitution, case laws and simple “human decency,
ethics, integrity, and morality”, of which the Respondent is totally lacking.
The Respondent maliciously allowed Barrie Derringer to not comply to the Rules
of discovery as well as violations of the April 10, 2012, and July 3, 2012
Order from the court to simply run over the pro-se husband David Derringer with
no redress. The Respondent simply modified or corrupted the court record as
much as possible to prejudice and bias any further appeals, and then tried to
coerce a judge to Order appeals denied and has gained that in the Order “unwritten”
of April 3, 2013 that took the David Derringer Chevy truck unlawfully and used
corruption to keep David Derringer from due process and opportunity to be
heard. 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.” Alain
Jackson heard the testimony of Barrie Derringer that she did criminal domestic
violence to David Derringer hitting David in the face; listened to Barrie
Derringer testify that she “lies”; listened to Barrie Derringer testify that
she has the STD of Herpes that affects any person in sexual contact; listened
as Barrie Derringer testified to being suicidal and on extreme medications
meant for emotional stability; and knows that Barrie Derringer is likely under
PTSD due to the house fire that killed the Derringer pets right before this
mess, and still has no concern for her mental or physical stability and
likelihood that she might go to jail over her perjury and fraud.
LAW:
The Case DV-12-234 Order of Protection is legally defeated with no
legal summons service in personam, no supporting evidence, witnesses or
criminal convictions, violations of due process and equal protection, not
allowing David Derringer to present his witness and full testimony and
evidence, and extreme violations of the Constitution 1st, 2nd,
4th, 5th , 6th, 13th and 14th
Amendments, the Supremacy Clause of the Constitution Article VI, and the
violation of the US Supreme Court Ruling No. 10-1521. Alain Jackson violates
all law in corruption of the court process. 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.” Alain Jackson acts in criminal acts
perpetrated against David Derringer by the Respondent and Barrie Derringer in
“conspiracy” of conspiracy against rights, deprivation of rights under color of
law, perjury, fraud, falsification of the court record, abandonment and abuse
of animals, larceny of community and inheritance monies, malicious prosecution,
and violations of Constitution. The Respondent attorney Alain Jackson has no
ability to override the Constitutional provisions, ignore all case laws,
disregard stare decisis, and to allow criminal actions by Barrie Derringer and to
permeate this courtroom to defeat the loving husband David Derringer that
simply wants to restore his marriage, protect his wife from any harm or
suicide, keep Barrie Derringer off of illegal or extreme prescription drugs to
ill effect, insure the public is protected from Barrie Derringer’s incurable
venereal disease (STD) Herpes III, and
make sure that wife Barrie Derringer is healthy and well because David
Derringer loves this woman. 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.”; In re Rickard, 93 N.M. 35, 596 P.2d 248 (1979)
“Unprofessional conduct involving dishonesty and fraud warrants disbarment.”
3)
Relief
Sought:
For the foregoing reasons, it is respectfully petitioned that this
Court issue its Alternative Writ of Superintending Control directing the
Respondent to show cause why he should not be disbarred from the New Mexico Bar
and the Albuquerque Bar and prevented from any further attorney representation
of citizens of the United States.
Respectfully
Submitted by___________________________________________
David Derringer Pro-Se, Box 7431,
Albuquerque, New Mexico 87194
CERTIFICATE OF SERVICE May 16, 2013
I
hereby certify that I sent by first class mail 8 copies of this Petition to:
New
Mexico Supreme Court
237
Don Gaspar Avenue
Santa
Fe, New Mexico 87501
I
hereby also certify that I sent by first class mail a copy of this Petition to:
Respondent
attorney and for Barrie Derringer real party of interest:
Alain
Jackson
423
6th St. NW
Albuquerque, New Mexico 87102
[1] David
Derringer has appealed the DM-12-610 “bifurcated divorce of April 10, 2012” (granted
only to stop Respondent’s due process) under NM Ct. App. No. 32,587 that is now
Petitioned to this court for writ of cert. making the “divorce” not legally
effective until all judicial labor is complete. In re Acosta, 200 BR 57.
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