Monday, July 8, 2013

Motion for Reconsideration Order June 28, 2013



STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT

                                                                        DM-12-610
BARRIE DERRINGER,                                   APPEAL OF   No. DV-12-0234
Petitioner,                                             Judge Hadfield

v.

DAVID DERRINGER,
Respondent,

APPELLANT/RESPONDENT DAVID DERRINGER’S
MOTION FOR RECONSIDERATION/RETRIAL OF THE ILLEGAL
AND UNCONSTITUTIONAL ORDER OF JUNE 28, 2013 UNDER
NMRA RULES 1-059 & RULE 1-060; NON JURISDICTIONAL
“ORDER REJECTING PLEADINGS FOR FILING AND ENTERING PLEADINGS IN RECORD AS EXHIBITS”

COMES NOW the Appellant/Respondent, representing himself Pro-Se with his motions as stated above. Judge Hadfield has no jurisdiction or judicial capacity over David Derringer or his pleadings sought to be filed on June 25, 2013. State v. Cochran, 112 N.M. 190, 192, 812 P.2d 1338, 1340 (Ct. App. Cert denied 112 N.M. 308, 815 P.2d 161 (1991) “To satisfy a case for violations of equal protection, the matter must include two elements. 1. “Defendant was singled out for prosecution while other similarly situated were not. 2. This was animated by intentional or purposeful discrimination.” Clearly, legal filings of pleadings are “not exhibits” but court papers to be filed of court record. Judge Hadfield’s acts encompass criminal federal felonies of “obstruction of justice”, “conspiracy against rights”, and “deprivation of rights under color of law”.
            Motion is brought for a “retrial” under Rule 1-059 due to Judge Hadfield refusing to give the Respondent his legal filings of legal ability to use the United States Court system, and yet ruling on such pleadings without any jurisdiction since they were not properly filed with the court. Ennis v. Kmart Corp.  131 N.M. 32, 33 P.3d 32 (N.M.App.,2001) Clerks of Courts; Powers and Proceedings in General; Ministerial Functions and Acts; Filing and Service; Requisites and Sufficiency of Filing. The clerk does not possess the power to reject a pleading for lack of conformity with form requirements, and a pleading is considered filed when placed in the possession of the clerk of the court. It is not necessary for the clerk of court to endorse a pleading upon its receipt to effect the filing. Customer's complaint in slip and fall action was timely filed when first presented to clerk of court, even though clerk refused to accept pleading for filing for a technical violation; clerk lacked authority to reject the pleading, and trial court was proper authority to determine whether pleading violated rules. NMRA, Rule 1-005, subd. E. Judge Hadfield has no judicial authority or jurisdiction to ‘approve’ or review or peruse any filings of any pleadings with the District Court before filing, as a matter of law, Judge Hadfield has no jurisdiction over any court paper or pleading “until” filed and they become of court record. Ennis v. Kmart Corp., 131 N.M. 32, 33 P.3d 32, 2001 -NMCA- 068, N.M.App., June 21, 2001 (NO. 20,977)  ...Clerks of Courts Ministerial Functions and Acts. Pleading Filing and Service Requisites and Sufficiency of Filing. The clerk does not possess the power to reject a pleading for lack of conformity with form requirements, and a pleading is considered filed when placed in the possession of the clerk of the court. Since Judge Hadfield or any court justice only has jurisdiction after filing, no judge can abuse a litigant by viewing his pleading prior to filing. “A judge only has jurisdiction  over any pleading after a proper filing with the court clerk.” Wilson & Co. v. Banque Francaise du Mexique, 124 Misc. 690, 208 N.Y.S. 213, N.Y.Sup., June 11, 192 Filing or court record. Filing of papers with court clerk is condition precedent to jurisdiction of court, and court cannot make order nunc pro tunc to cure such jurisdictional defect. Judge Hadfield cannot make an order to tell the court clerks not to file any of David Derringer’s pleadings, and cannot tell the court clerks not to file any pleadings of David Derringer until she peruses their content, and certainly cannot peruse the content of David Derringer’s court pleadings before filing and have the court clerk then refuse to file them, and cannot single out David Derringer for persecution or to be a “targeted individual”. Hamilton v. Department of Industry, Labor and Human Relations, 56 Wis.2d 673, 203 N.W.2d 7, Wis., January 03, 1973 (NO. 249) the clerk of court, in a legal sense, abused his discretion by not filing the petition when it was received.
            Judge Hadfield has continued the underlying case DV-12-234 with knowing that it is in jurisdictional and fundamental error defect without ever service of summons to David Derringer and has used this case totally intertwined and inseparable to DM-12-610 to deny due process, deny equal protection, persecute the Respondent in deprivation of 1st, 2nd, 4th, 5th, 6th 13th and 14th Amendment rights, and worked in a bias and prejudice that is now clearly shown with extreme circumstantial evidence that both Commissioner Cosgrove/Aguilar and Judge Hadfield have been bribed by either money or political pressure from the multi-million dollar Albuquerque corporation of NAI Maestas and Ward Commercial Real Estate in which the Petitioner is their accountant, and wherein this company has done criminal assault and battery, conversion, alienation of affection, loss of consortium and interference with a legal marriage contract between David Derringer and Barrie Derringer ongoing due to corrupt money laundering activities that caused husband David Derringer to intently advise wife Barrie Derringer to disavow any relationship with that company and seek other employment for her own safety and not to involve herself with criminal activities; instead the Petitioner succumbed to force, intimidation, and an increase in salary of $2,000.00 per year to be bought off  to divorce husband David Derringer that already had exposed this corporation to extreme violations of US Department of Labor laws against wife/employee Barrie Derringer. 
            The pleadings to be filed ( and are of court record with a motion as attachments with the New Mexico Court of Appeals) were to legally mandate that all pleadings be heard by a disinterested justice in a different venue, without Judge Hadfield being legally able to entertain such motions for recusal for cause of bribery and Constitutional deprivations, a change of venue with affidavit that is mandated under NMSA 38-3-3 to be granted upon motion filed and two separate timely motions for reconsideration of orders that of themselves prove insurance fraud with GEICO by  Barrie Derringer, attorney Alain Jackson, Judge Hadfield and other co-conspirators. Instead of the clerks properly filing the legal pleadings of David Derringer, all copies of such pleadings were illegally “confiscated” from David Derringer with illegal orders of Judge Hadfield to the court clerks not to file any of the six pleadings, and then later refusing to also file  a “docketing statement” in order to block any David Derringer appeals. In the illegal “order” of June  28, 2013 Judge Hadfield distorts and corrupts the court record to state that “This matter, having come before the court on the 28th, day of June, 2013..” is vile and vitrious tainting and corruption of the record, wherein, no matter of these pleadings was properly within the jurisdiction of the court since Judge Hadfield barred the filing of such pleadings and thus without such in proper court record, the Judge was without any jurisdiction to order anything regarding the substance of such pleadings or even to acknowledge their existence. Wilson & Co. v. Banque Francaise du Mexique, 124 Misc. 690, 208 N.Y.S. 213, N.Y.Sup., June 11, 192 Filing or court record. Filing of papers with court clerk is condition precedent to jurisdiction of court, and court cannot make order nunc pro tunc to cure such jurisdictional defect. The tainting and corruption and destruction of David Derringer’s court records is only superseded by Judge Hadfield continuing the illegal Order of Protection without any service of summons in fundamental error and mis-using power to steal David Derringer’s Constitutional 1st, 2nd, 4th, 5th, 6th, 13th and 14th Amendment rights and to deny due process and equal protection in a conspiracy with the Petitioner and obviously pay-offs from her employer NAI Maestas and Ward Commercial Real Estate Corporation. 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. The extreme circumstances here that clearly indicate Judge Hadfield has been bribed in a bias and prejudice is  to not only violate all Constitution, laws, statutes, and case laws against David Derringer with attending violations of Oath, Canon and the Code of Judicial Conduct, but to “stop” legal court pleadings being filed in a US Court that specifically are a motion to recuse for cause and a motion for change of venue to escape the dictatorship, tyranny, oppression, and imprisonment by Judge Hadfield to keep these matters before her in court without jurisdiction or judicial capacity to continually persecute the Respondent and rule in favor of the Petitioner as pre-planned in the bribery. “STATE LAW” NMSA 38-3-3 mandates Judge Hadfield to allow David Derringer to escape her bias, prejudice and injustices by proper motion with affidavit to be filed, and instead upon illegal reading beforehand of what Respondent David Derringer seeks legally in change of venue, in “obstruction of justice”, Judge Hadfield simply  orders the clerks not to file the proper motions so as to keep the matters ‘in house” in the tyranny of Judge Hadfield and not let David Derringer exercise his statutory rights for a change of venue that is “mandatory  upon Judge Hadfield” to release these cases to another venue with a disinterested justice. Chapter 38. Trials  Article 3. Venue; Change of Judge § 38-3-3. Change of venue in civil and criminal cases The venue in all civil and criminal cases shall be changed, upon motion, to another county free from exception:
A. whenever the judge is interested in the result of the case or is related to or has been counsel for any of the parties; or
B. when the party moving for a change files in the case an affidavit of himself, his agent or attorney, that he believes he cannot obtain a fair trial in the county in which the case is pending because:
(1) the adverse party has undue influence over the minds of the inhabitants of the county;
(2) the inhabitants of the county are prejudiced against the party;
(3) of public excitement or local prejudice in the county in regard to the case or the questions involved in the case, an impartial jury cannot be obtained in the county to try the case; or
(4) of any other cause stated in the affidavit.
In the matters of both DV-12-234 and DM-12-610 all  issues of 1-4 of the statute apply to mandate Judge Hadfield not being able to deny a change of venue or to remain on either case. Deats v. State, 1969, 80 N.M. 77, 451 P.2d 981.When proper uncontroverted motion for change of venue is presented by defendant and no evidence to support it is presented or required by trial court, court has no discretion but must grant change of venue. 1953 Comp. § 21-5-3. ; State v. Lindsey, 1969, 81 N.M. 173, 464 P.2d 903, certiorari denied 81 N.M. 140, 464 P.2d 559, certiorari denied 90 S.Ct. 1692, 398 U.S. 904, 26 L.Ed.2d 62. If motion for change of venue in proper form and properly supported is timely filed, trial judge must either grant motion or conduct hearing thereon. 1953 Comp. §§ 21-5-3, 21-5-4. Clearly, there was no hearing, and Judge Hadfield acts in abuse of discretion and “coy” to believe that no one will know of this matter if she simply hides, destroys or alters the court record by not allowing Respondent David Derringer to file his pleadings bases upon her own  ideas that the Respondent is “vexatious” for exposing Judge Hadfield’s public corruption. Swann v. City of Dallas, 922 F. Supp. 1184 “To be entitled to qualified immunity from liability for violation of constitutional right, officials must observe general, well developed legal principles.” State v. House, 1999, 127 N.M. 151, 978 P.2d 967, certiorari denied 120 S.Ct. 222, 528 U.S. 894, 145 L.Ed.2d 186.In a case in which there have been no preceding changes of venue, right to a venue change is generally mandatory and must be granted by the trial court, provided that the moving party has filed an affidavit as prescribed by venue statute. Const. Art. 2, §§ 14, 18; NMSA 1978, § 38-3-3, subd. A. The corruption and bias is clearly under the bribery encompassed in the Petitioner and her employer. State v. Lunn, 1975, 88 N.M. 64, 537 P.2d 672, certiorari denied 88 N.M. 318, 540 P.2d 248, certiorari denied 96 S.Ct. 793, 423 U.S. 1058, 46 L.Ed.2d 648.Terms of statute, which provides in effect that venue in all civil and criminal cases shall be changed, on motion, to some county free from exception when party moving for change files affidavit of himself, his agent or attorney, that he believes “he cannot obtain a fair trial in the county in which the case is pending because: * * * (c) because [sic] of public excitement or local prejudice in the county in regard to the case or the questions involved therein, an impartial jury cannot be obtained in the county to try the case: * * * ”, are mandatory and require a change of venue when the prescribed steps have been taken. 1953 Comp. § 21-5-3, subd. A(2)(c). ; Lewis v. Samson, 1999, 128 N.M. 269, 992 P.2d 282, certiorari granted 128 N.M. 150, 990 P.2d 824, reversed 131 N.M. 317, 35 P.3d 972. If the record lacks substantial evidence, the trial court has abused its discretion by denying a motion to change venue. NMSA 1978, § 38-3-3.
             Neither Commissioner Cosgrove/Aguilar nor Judge Hadfield has ever had any jurisdiction or judicial capacity of David Derringer as a person or the subject matter of DV-12-234 due to a fundament error of no summons served. Trujillo v. Goodwin, 2005-NMCA-095, 138 NM 48, 116 P.3d 839 “service of summons-the District Court has no jurisdiction  to issue binding judgment against a party not served summons  in accordance  with the rule who does not waive the defects of service.”; Abarca v. Hanson, 106 NM 25, 738  P.2d 519 (Ct. App. 1987) Service of process of summons is procedural and Supreme Court rule on service of process controls.” Summons was never served and the trial court cannot continue to persecute the Respondent as has now been going on for 1 ½ years, and has now encompassed this outrageous act with deprivation of all Constitutional rights and granting illegally without any substance under Rule, a “bifurcated divorce” to Barrie Derringer in order to comply with the request of the Petitioner to stop all due process and equal protection of David Derringer just as the Petitioner and her attorney have requested and been granted by Judge Hadfield to stop all Respondent David Derringer’s appeals. Clark v. LeBlanc, 92 NM 672, 593  P..2d 1075 (1979) “Two functions are served by service  by personal delivery of the papers within the state: (1) it shows that defendant has an appropriate relationship to the state and is within the power of the court generally; and (2) it gives  the defendant notice of the proceeding against him.” Toumajian v. Frailey, 135 F.3d 648 “In action before federal court, the necessary and constitutional predicate for any decision is determination that court has jurisdiction, that is, the power, to adjudicate dispute; foundational support for all of court’s rulings flows from that power, and if that power is missing, court is not in position to act and its decisions cannot generally be enforced.” ; W.G. v. Senatore, 18 F.3d 60 “Neither court by exercising its inherent equitable discretion, nor parties by entering into stipulation, can confer jurisdiction where none has been authorized.”; Repeatedly, both Commissioner Cosgrove/Aguilar and Judge Hadfield in both DV-12-234 and related DM-12-610 exercise changing prior orders, holding hearings, making new orders and judgments and ignoring the jurisdiction of the New Mexico Court of Appeals and New Mexico Supreme Court. In the matter, of DV-12-234 it has been jurisdictionally defective and in fundamental error since the illegal hearing on February 21, 2012, in which the Respondent noted to the court that he had never been served any summons, and did not waive his right to be served summons, making the entire case void, unenforceable and mandatory to be dismissed in its entirety. Instead of succumbing to the lack of jurisdiction, both Commissioner Cosgrove/Aguilar continue to make illegal rulings in this case, and in the totally intertwined and attached illegal case of DM-12-610.  Chavez v. County of Valencia, 86 N.M. 205, 521 P.2d 1154 (1974) “Attack on subject-matter jurisdiction may be made at any time in the proceedings. It may be made by a collateral attack in the same or other proceedings long after the judgment has been entered.” Judge Hadfield takes both cases of DV-12-234 and DM-12-610 that have been on appeal since May, 2012 in NM Ct. App. No. 32,326 and later No. 32,597, and ram through Constitutional deprivations of 1st, 2nd, 4th, 5th, 6th, 13th and 14th Amendment rights. Wisdom v. Kopel, 95 N.M. 513, 623, P.2d 1027 (Ct. App. 1981) “Jurisdictional issue may be raised in collateral attack after the judgment has been entered.”  Both the Commissioner and Judge Hadfield then contrive an Order that instantly converts the civil matter to a ‘criminal’ conviction of 30 days in jail deferred with illegal claims that David Derringer cannot post legal public record court pleadings on the Internet, and does so without fundamental jurisdiction of no service of summons of the civil matter, but outrageous acts of no criminal complaint, no Miranda rights, no rights to an attorney or jury, and yet claims a sentence of record with not criminal trial, and absolute violations of the evidence even in the civil hearing, sustaining thus illegal claims of “criminal harassment” under the NMSA criminal code of Section 30, acts so severe in violation that it should shock the conscience of any judiciary. Rogers v. City of Little Rock, 152 F.3d 790, 797 (8th Cir. 1998) “the behavior of the governmental officer is so egregious, so outrageous, that it may fairly be said to shock the contemporary conscience.” Judge Hadfield does this so as not to let the world now of her proven public corruption, and violates six (6) New Mexico Court of Appeals rulings of No. (NO. 24,101), (NO. 27,959), (NO. 30,380), (NO. 30,591), (NO. 31,303), and (NO. 32,271) as well as outrageous acts of sedition and treason of the Constitution 1st Amendment laws in doing so. Beverly Health and Rehabilitation Services Inc. v. Feinstein, 103 F.3d 151, 322 US App DC 245 Rehearing denied 118 S. Ct. 65, 139 L.Ed.2d 27 “Courts decide cases within their jurisdiction rather than asserting jurisdiction because they believe that substantive claim ought to be considered.” In related and also jurisdictionally defective DM-12-610 due to extreme Constitutional deprivations, and underlying graft and public corruption Judge Hadfield has held hearings, issued new orders contradicting the Final Judgment of November 15, 2012 and issued orders intimidating the Respondent to stop due process or be “incarcerated”. Cresswell v. Sullivan & Cromwell, C.A.2 (N.Y.) 1990, 922 F.2d 60, on remand 771 F. Supp. 580 “Federal Rules of Civil Procedure do not provide in dependent ground for subject matter jurisdiction over action for which there is no other basis for jurisdiction.” All the while Judge Hadfield blocks appeals by not properly and timely filing written orders at the open hearing requests of the Petitioner and attorney Alain Jackson[1], and defeating appeals by not allowing the filing court pleadings and yet changing the substance of the Final Judgment already on appeal. This leaves the Respondent fighting the public corruption of the trial court in each illegal process, needing yet new appeals for the egregious acts, and yet being blocked and controlled in both court testimony and pleadings to be able to gain all issues before a trial court before a proper appeal can be taken. All the while the New Mexico Court of Appeals has jurisdiction of both case of DV-12-234 under No. 32,326 and DM-12-610 under No. 32,587. Although the law by statutory, Constitution, and case law is continually presented to the court verbally in hearings, in pleadings and in motions for reconsideration of the outlandish acts, Judge Hadfield simply ignores the law, Oath and Canon. . Deerman v. Board of County Commissioners, 116 NM 501, 864 P.2d 317 (Ct. App. 1993). “The judicial errors of law are noticed to the court before appeal.”  The time frames for written orders are ignored and appeals are blocked in violation of NMRA Rule 1-054.1. The written Judgment and orders have a time limit under this rule. “The Court shall enter an order within 60 days after submission.” US v. Anderson, 798 F.2d 919 CA7 (Ind.) 1986 “Word should (shall) in Canon of Judicial Conduct states that judge “should”, imposes mandatory standard of conduct upon judges. Higginbotham v. Higginbotham, 92 NM 412, 589 P.2d 196 (1979) “Once the time has lapsed within which an appeal may be taken from a divorce decree, a court cannot change the original division of the property as an exercise in its continuing jurisdiction.” ; Chavez v. Village of Cimmaron, 65 NM 141, 333 P,2d 882 (1958). “Timely allowance of appeal is jurisdictional to place a case on the docket of the Supreme Court for review.” ; State ex rel Bell v. Hansen Lumber Co., 86 NM 312, 523 P.2d 810 (1974) “During pendency of the appeal the court is without power to vacate, alter or amend the judgment under Rule, whether the amendment is made or considered after the appeal is taken except with the permission of the appellate court. For relief a motion must be filed with the appellate court and that the case be remanded to the trial court for consideration.” ; Terrel v. Duke City Lumber Co., 86 N.M. 405, 524 P.2d 1021 (Ct. App. 1974 aff’d in part reversed in part 88 N.M. 299, 540 p.2d 229 (1975) “Trial court loses jurisdiction when appeal taken-although this rule applies to the district courts, the court of appeals correctly entertained this motion as the trial court could not have considered it, having lost jurisdiction by reason of the appeal.”; Meeker v. Walker 80 N.M. 280, 454 P.2d 762 (1969) “From and after the filing of the notice of appeal from a judgment, the trial court was without jurisdiction to take any further step in regard to the motion to alter or amend judgment.” Clearly, now,  in retaliation and a cover-up of public corruption, Judge Hadfield orders the clerks illegally to simply not file any pleadings of Respondent David Derringer to entirely stop ‘due process’.
This court cannot legally find and order the matters of:
1.      The case legally began with the proven fraudulent filing of Barrie Derringer’s Petition for Dissolution of Marriage on February  8, 2012, and yet Judge Hadfield in her Order of June 17, 2013 intends to take jurisdiction on February 4, 2012 when there was no case, in order to protect the bosses of the Petitioner NAI Maestae and Ward that did criminal assault and battery and conversion and other illegal torts against husband David Derringer; acts well outside of this court’s jurisdiction but intended to allow Barrie Derringer to steal property assets before the legal filing of the divorce action.
2.      Although Barrie Derringer and David Derringer were legally married on January  15, 2010, such is immaterial and without jurisdiction of this court.
3.      On April 10, 2012 Judge Hadfield worked in conspiracy to deny due process and equal protection and filed an Order for a “bifurcated divorce” simply in answer to the Petitioner and her attorney to stop all due process and equal protection by the Respondent and keep the Respondent from filing any further court pleadings. The “divorce” is not final as all judicial labor of appeals is not complete and it is now shown by extreme circumstantial evidence of violations of Constitution, violations of statutory laws and violations of all case laws and now conspiracy in insurance fraud with GEICO that Judge Hadfield has been bribed from the beginning of these actions in a bias and prejudice that mandates a complete dismissal of both DV-12-234 and DM-12-610 with no divorce granted for Barrie Derringer. In re Acosta, 200 BR 57 “Order or judgment becomes final when all judicial labor in matter is complete.”
4.      Respondent David Derringer was not allowed due process, discovery, or equal protection in an illegal hearing held without jurisdiction when the entire matter was in the jurisdiction of the New Mexico Court of Appeals on August 3, 2012 when without jurisdiction Judge Hadfield held a “trial” in mockery of the judicial system without any discovery afforded the Respondent. Reichelt v. US Army Corp of Engineers, 923 F. Supp. 1090 “ for error to be “prejudicial”, it must affect substantial rights of aggrieved party.”; Terrel v. Duke City Lumber Co., 86 N.M. 405, 524 P.2d 1021 (Ct. App. 1974 aff’d in part reversed in part 88 N.M. 299, 540 p.2d 229 (1975) “Trial court loses jurisdiction when appeal taken-although this rule applies to the district courts, the court of appeals correctly entertained this motion as the trial court could not have considered it, having lost jurisdiction by reason of the appeal.”; Meeker v. Walker 80 N.M. 280, 454 P.2d 762 (1969) “From and after the filing of the notice of appeal from a judgment, the trial court was without jurisdiction to take any further step in regard to the motion to alter or amend judgment.” Since the illegal Final Judgment was rendered on November 15, 2012 and well after an appeal had  been taken again on that illegal judgment, Judge Hadfield again disregards jurisdiction and continues to modify, hold hearings, take Constitutional rights and do extreme legal damages without either jurisdiction or judicial capacity to Respondent David Derringer, including this instant order after the denial of filing and destruction of David Derringer’s court records. Higginbotham v. Higginbotham, 92 NM 412, 589 P.2d 196 (1979) “Once the time has lapsed within which an appeal may be taken from a divorce decree, a court cannot change the original division of the property as an exercise in its continuing jurisdiction.” ; Chavez v. Village of Cimmaron, 65 NM 141, 333 P,2d 882 (1958). “Timely allowance of appeal is jurisdictional to place a case on the docket of the Supreme Court for review.” ; State ex rel Bell v. Hansen Lumber Co., 86 NM 312, 523 P,2d 810 (1974) “During pendency of the appeal the court is without power to vacate, alter or amend the judgment under Rule, whether the amendment is made or considered after the appeal is taken except with the permission of the appellate court. For relief a motion must be filed with the appellate court and that the case be remanded to the trial court for consideration.”
5.      Between February 8, 2012 and November 15, 2012 and ongoing Respondent David Derringer has exercised his rights under US Code Title 42 Section 1981 and Constitutional rights to due process and equal protection under the 4th 5th and 14th Amendments, and has filed numerous pleadings; all filed in compliance with the rules of civil procedure and in correct form and encompassing all substantiation of law with Constitutional rights, statutory provisions and case laws that prohibited all rulings of Judge Hadfield in all orders and disregard for discovery and other outrageous acts of a judge in total discharge of duties, Oath and Canon, and each time the Petitioner has not supported any of her complaints, requests, and the lack of responses with any authority of case law or statutory provision, and yet Judge Hadfield has totally disregarded each the every law provided by the Respondent and disregarded each pleading, ignoring most and despite multiple motions to recuse for cause, motion for change of venue “mandated”, Judge Hadfield continues to rule against all laws for the bribery apparent by Petitioner Barrie Derringer and her multi-million dollar employer of NAI Maestas and Ward Commercial Real Estate that makes multiple contributions to political figures and owns, leases and controls most of the real estate in Albuquerque, New Mexico.
6.      The pleadings filed in jurisdictionally and in fundamental error without service of summons of DV-12-234 and totally intertwined DM-12-610 and the other civil suits in which Judge Hadfield has unethical connection due to bribery of NAI Maestas and Ward, as “employers” of Petitioner Barrie Derringer of CV-12-1307 and CV-12-10816 have exposed the public corruption of both Commissioner Cosgrove/Aguilarr, Judge Hadfield and Judge Malott; all of whom have ruled against Constitution, ignored all case laws appurtenant and rules to insulate and protect Barrie Derringer whom is doing highly controversial “accounting” work for NAI Maestas and Ward Commercial Real Estate and show an uncompromising  “conspiracy” of all involved against the husband David Derringer, Respondent who already turned in Petitioner’s employer for abuse and neglect against Barrie Derringer involving violations of the U S Department of Labor laws and other outrageous abuse of an employee when Barrie Derringer was the wife of David Derringer; acts that this court wants to hide and corrupt the court record as the Respondent showing “ugly,  repetitive and vitriolic statements” yet of “truth” under the meaning of NMRA Rule 1-090 and mandated under NMRA Rule 11-501. Clearly, as a matter of justice, the included justices of this matter should have recused long ago  to protect their ongoing public corruption exposed in this matter.
7.      The Respondent has been unsuccessful in his motions before Judge Hadfield and others of the district court due to a proven violation of case laws  and Constitution by the justices involved with ignoring the authorities placed before them, and a disregard for any pleadings performed by a pro-se person no matter how well formed  or well pleaded the pleading might be.
8.      Respondent’s first appeal of DV-12-234 has not been “dismissed” as indicated in deliberate error by Judge Hadfield but continues as NM Ct. App. No. 32,, 326. Respondent’s second appeal of DM-12-610 was only dismissed  due to non-completion of case and without wording of an appealable order of NM Ct. App. No. 32, 113, and the appeal of DM-12-610 is ongoing  in consideration by motion of the New Mexico Supreme Court of NM Court of Appeals No. 32, 587; thus indicating that Judge Hadfield attempts to corrupt this court record making believe that all David Derringer’s legal efforts in any court are to be disregarded  as affirmance of the district court’s illegal decisions. DM-12-610 has not been summarily affirmed under No. 32, 587 with pending motions still before the New Mexico Supreme Court.
9.      This trial court has no jurisdiction over the New Mexico Court of Appeals, but has engaged in mud slinging for purposes of hiding the public corruption that has been exposed in all courts. In NM Ct. App. No. 32, 326 exposure of public corruption has produced  the statements of filing “vexatious and frivolous appeals”  but with the proof that No. 32,3026 was an appeal filed regarding DV-12-234 brought without service of summons and in violation and deprivation of 1st , 2nd, 4th, 5th, 6th, 13th and 14th Amendment rights in lack of jurisdiction and in fundamental error, hardly makes this appeal “frivolous”, but in exposure of public corruption that some justices want to make disappear rather than be prosecuted and removed from the bench. Clearly, the “illegal order” of No. 32,,326 filed March 10, 2013 was presented for Petition for Writ of Certiorari, but was denied interlocutory status and thus will be presented upon completion of the appeal No. 32,326. David Derringer’s status as “forma pauperis” is legally established, but offensive to the judicial community that they cannot stop a pro-se litigant exposing  public corruption by simply running him out of money for attorneys.
10.  Judge Hadfield has illegally held additional hearings for enforcement of the Final Judgment of November 15, 2012 when she did not have any jurisdiction due to the matter being on appeal in No. 32,587, but disregarded the higher court’s jurisdiction and proceeded to harass and intimidate the Respondent and grant new and additional modifications to the Petitioner when without jurisdiction to do so. Terrel v. Duke City Lumber Co., 86 N.M. 405, 524 P.2d 1021 (Ct. App. 1974 aff’d in part reversed in part 88 N.M. 299, 540 p.2d 229 (1975).
11.  Between November 15, 2012 and ongoing, the Respondent has filed numerous motions to stop Judge Hadfield from illegal acts outside of jurisdiction, stop illegal hearings outside of jurisdiction and to stop modifying and changing a Final Judgment that was already on appeal as of November 21, 2012, and including several motions to recuse for cause, and affidavit and a motion for change of venue in which Judge Hadfield destroyed before filing or defied the law to keep these motions from being filed so as to corrupt the court record and make sure that Judge Hadfield  remained on the case despite mandate under NMSA  38-3-3  to change the venue upon motion filed with affidavit; to keep that from happening, Judge Hadfield simply interfered with the legal filing of the motion so as to keep her obvious bribery bargain to fining this case in ruling in all ways for Barrie Derringer and to further insulate and protect  NAI Maestas and Ward.  Phelps v. Hamilton, 122 F.3d 1309, 1323 (10th Cir. 1997). “manifest error of law is clearly present.” 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).
12.  On May 16, 2013 Judge Hadfield issued a Minute Order in the DV-12-234 case in jurisdictional defect and fundamental error in outrageous acts of sedition with sustaining deprivation of due process, equal protection, holding criminal sentencing  without a trial, Miranda rights, attorney, jury and evidence violations  to stop David Derringer from exposing the public corruption by his legal posting of “public documents” on the Internet in a total violation of 1st Amendment rights and a total disregard for the higher court rulings of New Mexico Court of Appeals rulings of No. (NO. 24,101), (NO. 27,959), (NO. 30,380), (NO. 30,591), (NO. 31,303), and (NO. 32,271) as well as outrageous acts of sedition and treason of the Constitution 1st Amendment. This was done to entrap and persecute Respondent David Derringer with knowledge that the DV-12-234 never had service of summons and therefore no jurisdiction over David Derringer at any time. The illegal Minute order of May  16, 2013 was additionally  appealed to the NM Court of Appeals even though both DV-12-234 and DM-12-610 are already on appeal with Judge Hadfield having no jurisdiction to make any orders at this time. (SEE: NM Ct. App. No. 32,326 and No. 32,587)
13.  In the Memorandum  Order illegally filed May 16, 2013, Judge Hadfield ordered  Respondent to file all pleadings in conformity with the New Mexico Rules of Civil Procedure and the Local Rules for the Second Judicial District Court, in which all David Derringer pleadings have been in conformity with all rules including but not limited to “telling the truth” not matter how ugly that truth is both to the Petitioner and in exposing the public corruption of Judge Hadfield under the guidelines of NMRA Rule 1-090 and NMRA Rule 11-501, and wherein under no set of circumstances  does a justice have any jurisdiction over any pleading to stop, inspect, or ‘approve’ that pleading until it becomes public record and filed in the court record as a matter of law. Simply put, if any justice was to affect the corruption of the court record before it could be filed no justice or due process or equal protection would be afforded any litigant and clear violations of the 14th Amendment would be as herein with Judge Hadfield tainting the court record to only include what she wants it to say. 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.” Simply put, Judge Hadfield has no jurisdiction to view pleading before they become public record  upon filing.
14.  On June 25, 2013 Respondent David Derringer came to file proper motions under the Rules of Civil Procedure and under proper guidelines of the Local Rules of the Second Judicial District Court of;
a.      RESPONDENT’S MOTION FOR CHANGE OF VENUE FROM THE INJUSTICE AND PREJUDICEOF THE SECOND JUDICIAL DISTRICT COURT WITH LEGAL REQUEST FOR THIS MOTION TO BE HEARD BY A DISINTERESTED JUDGE FROM A DIFFERENT DIVISION
b.      RESPONDENT’S MOTION FOR RECONSIDERATION/RETRIAL/DISMISSAL OF THE ORDER REGARDING VERIFIED MOTION FOR ORDER TO SHOW CAUSE OF JUNE 17, 2013 UNDER NMRA RULE 1-059, AND RULE 1-060 UNDER(B)(1)”MISTAKE”(3)”FRAUD”(4)”THE JUDGMENT IS VOID”(6)”OTHER REASONS OF VIOLATIONS OF CONSTITUTION AND ALL LAWS” WITH ACTS BY JUDGE HADFIELD OF ORDERS WELL OUTSIDE OF JURISDICTION AND JUDICIAL CAPACITY IN VIOLATION OF DUE PROCESS AND EQUAL PROTECTION, WITH LEGAL REQUEST FOR THIS MOTION TO BE HEARD BY A DISINTERESTED JUDGE FROM A DIFFERENT DIVISION AND REQUEST FOR AN INVESTIGATION OF VIOLATIONS OF OATH, CANON UNDER 3(D)(1), AND CRIMINAL FACILITATION OF FRAUD AND INSURANCE FRAUD BY BARRIE DERRINGER, ALAIN JACKSON AND JUDGE HADFIELD
c.       RESPONDENT’S MOTION FOR RECONSIDERATION/RETRIAL/DISMISSAL OF THE MINUTE ORDER OF JUNE 17, 2013 UNDER NMRA RULE 1-059, AND RULE 1-060 UNDER (B)(1)”MISTAKE”(3)”FRAUD”(4)”THE JUDGMENT IS VOID”(6)”OTHER REASONS OF VIOLATIONS OF CONSTITUTION AND ALL LAWS” WITH ACTS BY JUDGE HADFIELD OF ORDERS WELL OUTSIDE OF JURISDICTION AND JUDICIAL CAPACITY IN VIOLATION OF DUE PROCESS AND EQUAL PROTECTION, WITH LEGAL REQUEST FOR THIS MOTION TO BE HEARD BY A DISINTERESTED JUDGE FROM A DIFFERENT DIVISION AND REQUEST FOR AN INVESTIGATION OF VIOLATIONS OF OATH, CANON UNDER 3(D)(1), AND CRIMINAL FACILITATION OF FRAUD AND INSURANCE FRAUD BY BARRIE DERRINGER, ALAIN JACKSON AND JUDGE HADFIELD
d.      PLAINTIFF’S MOTION FOR RECUSAL FOR CAUSE OF JUDGE ALISA HADFIELD WITH LEGAL REQUEST FOR THIS MOTION TO BE HEARD BY A DISINTERESTED JUDGE FROM A DIFFERENT DIVISION WITH ATTACHED AFFIDAVIT AND REQUEST FOR AN INVESTIGATION UNDER BOTH LAW ENFORCEMENT AND CANON (3)(D)(1)
e.      AFFIDAVIT OF DAVID DERRINGER MANDATED UNDER NMSA 38-3-3 FOR CHANGE OF VENUE
All Respondent’s legal and conforming motions were denied filing and obstructed  to become of record in DM-12-610 by the illegal acts of Judge Hadfield ordering clerks not to file any pleading of David Derringer at any time; acts without jurisdiction of judicial capacity and clearly because such pleadings exposed Judge Hadfield involved with Barrie Derringer in insurance fraud against GEICO and in seeking a change of venue that is mandatory under NMSA 38-3-3 that ensures that Judge Hadfield would no longer be able  to entertain the cases of DV-12-234 and DM-12-610; criminal acts of obstruction of justice.
15.  At no time could Judge Hadfield rule that any pleading of David Derringer is in violation of the Rules of Civil Procedure without first the pleading being filed of court record and thus then and only then in the jurisdiction of Judge Hadfield. All pleadings of David Derringer are in conformity with NMRA 1-010 with a proper caption and names of parties in conformity with (A) with paragraphs and separate statements limited as far as practical with information with enough detail as necessary to prove and indicate “fraud” in conformance with (B) and with case laws and authorities inserted with adoption with references and exhibits as needed in conformance with (C); and in total conformity with NMRA Rule 1-011 with all pleadings made in good faith and with certainty of information under truth of NMRA Rule 1-090 and Rule 11-501 “writings”, and with proper signature, number of copies, stamped envelopes for mailing of notice of hearing and all presented  for proper due process with no intentions of meant to be interposed for delay, increase in costs of litigation or any other improper purposes and each pleading was properly signed by the pro-se party that he had read and composed each pleading and had ample good grounds, authorities of multiple case laws,
Constitution and statutory law in support, and in all information and belief  all motions  should be granted with support of an affidavit in connection with the statutory mandate of NMSA 38-3-3 for the court to mandate a change of venue.
16.  The court has no jurisdiction to prevent court filings at any time and only has jurisdiction of court pleadings when they become of court record after filing, and thus cannot deny  legal pleadings of David Derringer Respondent at any time and can only strike such pleadings after filing upon acts that are not in “abuse of discretion”. As with the motion to recuse for cause and the motion for change of venue as well as the affidavit and two motions for reconsideration, the court only has the power to deny the two motions for reconsideration after proper filing of court record and must recuse for cause or have the motion heard by a disinterested justice in another venue and is “mandated” to change the venue upon motion filed with affidavit and without an hearing held as a matter of NM State Law NMSA 38-3-3. Judge Hadfield cannot and does not have any jurisdiction to deny legal court filings in any court in the United States of America. The Court pleadings are not “exhibits” but are legal court pleadings that must be filed as a matter of law. Ennis v. Kmart Corp.  131 N.M. 32, 33 P.3d 32 (N.M.App.,2001) Clerks of Courts; Powers and Proceedings in General; Ministerial Functions and Acts; Filing and Service; Requisites and Sufficiency of Filing. The clerk does not possess the power to reject a pleading for lack of conformity with form requirements, and a pleading is considered filed when placed in the possession of the clerk of the court. It is not necessary for the clerk of court to endorse a pleading upon its receipt to effect the filing. Customer's complaint in slip and fall action was timely filed when first presented to clerk of court, even though clerk refused to accept pleading for filing for a technical violation; clerk lacked authority to reject the pleading, and trial court was proper authority to determine whether pleading violated rules. NMRA, Rule 1-005, subd. E. Jemez Properties Inc. v . Lucero, 94 N.M. 181, 608 P.2d 157 (Ct. App. 1979) cert denied 94 N.M. 628, 614 P.2d 545 (1980) “Tampering with evidence constitutes exceptional circumstances. Tampering with evidence in the case and with public records in the clerk’s office went beyond the common fraud contemplated in paragraph B(3) of this rule, and constituted exceptional circumstances to allow a reopening of judgment more than a year after its entry, under paragraph B(6) of this rule [Rule 1-060] San Juan 1990-A.; Zanesville v. Rouse, 126 Ohio St.3d 1, 929 N.E.2d 1044, 2010 -Ohio- 2218, Ohio, May 26, 2010 (NO. 2009-1282) “Until a  pleading is filed in a case, the trial court has not obtained jurisdiction over it”
17.  The Respondent’s pleadings cannot be introduced into “exhibits” to cover up the motions to the court for recusal and change of venue as a matter of fraud against New Mexico State Law. Judge Hadfield cannot cover up the mandate under statute to change the venue upon motion filed by concealing and destroying the motion by hiding it as and “exhibit”. Respondent David Derringer has every right to motion this court for a change of venue and Judge Hadfield is mandated to grant that motion. State v. Childers, 1967, 78 N.M. 355, 431 P.2d 497.When motion for change of venue is timely filed in form and substance required by statute, trial court may require hearing thereon, and if no hearing is held, denial of motion is reversible error. 1953 Comp. §§ 21-5-3, 21-5-4. ; State v. House, 1999, 127 N.M. 151, 978 P.2d 967, certiorari denied120 S.Ct. 222, 528 U.S. 894, 145 L.Ed.2d 186. Important factor that would prove abuse of discretion in a venue determination is a showing by the complainant that he or she has been prejudiced by the trial court's decision; substantial evidence that a trial in a particular venue was not fair and impartial would require reversal on appeal. Const. Art. 2, §§ 14, 18; NMSA 1978, § 38-3-3, subd. A. The standard of review required in assessing whether trial court abused its discretion in ruling on motion for change of venue is whether the trial court's venue determination is supported by substantial evidence in the record. ; Deats v. State, 1969, 80 N.M. 77, 451 P.2d 981.When proper uncontroverted motion for change of venue is presented by defendant and no evidence to support it is presented or required by trial court, court has no discretion but must grant change of venue. 1953 Comp. § 21-5-3.
18.  The Respondent has motioned the recusal of both Commissioner Cosgrove/Aguilar and Judge Hadfield over four times for violations of law, violations of Oath, Canon and the Code of Judicial Conduct and violations of Constitution, statutory laws and a proven bias and prejudice with regard to extreme circumstantial evidence of personal involvement and bribery of the justices involved. Each and every time the Respondent views a bias and prejudice that mandates recusal a motion can be filed to recuse the justice for cause. Frates v. Weinshienk, 882 F.2d 1502 cert. denied 110 S. Ct. 1297, 494 US 1004, 108 L.Ed.2d 474 “Recusal motion should be permitted at any time it becomes apparent that judge is biased or suffers from appearance of bias.” Now it has become very clear of the bribery of either money or political influence or pressure involved in these cases from the very beginning that mandates recusal for cause as well as now over 7 judicial standards complaints  regarding both Judge Hadfield and Commissioner Cosgrove/Aguilar that prohibit Judge Hadfield from making a decision herself as to recuse or not. Martinez v. Carmona, 624 P.2d 54, 95 N.M. 545 writ quashed 624 P.2d 535, 95 N.M. 593 “N.M. Court of Appeals 1980 Judge may be disqualified for statutory, constitutional, or ethical cause-Code of Judicial Conduct, Canon 3 Subd. A, Constitution Article 6, Section 18.” Taking away statutory rights is a reason for cause for recusal. ; Under the legal sufficiency doctrine "[when a trial judge is presented with a motion to recuse, or disqualify, accompanied by an affidavit," the state statute or rule limits the judge to passing upon the timeliness of the motion and the legal sufficiency of the affidavit. If the judge finds the motion timely, the affidavit sufficient, and that the recusal would be authorized if some or all of the facts set forth in the affidavit are true, another judge is assigned to hear the motion. Johnson v. District Court, 674 P.2d 952, 956 (Colo. 1984).; Goebel v. Benton, 830 P.2d 995 (Colo. 1992); Wright v. District Court, 731 P.2d 661, 664 (Colo. 1987); Hammons v. Birket, 759 P.2d 783, 784 (Colo. Ct. App. 1988), cert. denied (Colo. 1988). Birt v. State, 350 S.E.2d 241, 242(Ga. 1986). Such violations are cause for recusal. Since Judge Hadfield has been complained of four separate times in Judicial Standards as well as a Petition for Superintending Control in the New Mexico Supreme Court, this motion must be decided by someone other than Judge Hadfield, and the fox cannot be further in charge of the henhouse. State v. Hunt, 527 A.2d 223, 224 (Vt. 1987). Hunt involved an action to recuse two justices who had disciplinary charges filed against them concerning the case in question. The court noted that even though the decision to grant or deny a recusal motion was discretionary, a judge must recuse himself or herself where disciplinary charges had been filed concerning the case in question. 1d. See also State v. Forte, 553 A.2d 564, 565 (Vt. 1988). Judge Hadfield simply hides the motion as claiming an “exhibit” when the motion was mandated to be filed, and ruled upon by another justice in a different venue.
19.  Judge Hadfield denies  presumably with this writing “both” of the motions for reconsideration of both the Minute Order the and separate  Order regarding the Motion for Order to Show Cause, wherein both motions expose the public corruption and being an “accessory” to criminal insurance fraud of GEICO  of Barrie Derringer, attorney Alain Jackson and Judge Hadfield. Since these motions are denied, David Derringer has a statutory right to “appeal”.
20.  The case has been closed as of the November 21, 2012 notice of appeal. This Order as well as the prior orders when this court had no jurisdiction have been done without any legal ability, but under law and the Rules of Civil Procedure NMRA Rule 1-060 David Derringer has an ability to file this instant motion for reconsideration.
21.  All of David Derringer’s motion at all times with this court have been brought in total compliance with the Rules of Civil Procedure and the Local Rules of the Second Judicial District Court.
22.  The Rules of civil procedure allow a motion for reconsideration and motions for cause to be in excess of three pages and the Local Rules of the Second Judicial District Court do not limit motions to three pages.
23.  The Respondent has complied with the Rules of Civil Procedure and the Local Rules of the Second Judicial District Court, and Judge Hadfield has no possible jurisdiction as does only the New Mexico Supreme Court to modify or change  the established and printed Rules of Civil Procedure and the Local Rules of the Second Judicial District Court.
WHEREFORE the ORDER of June 28, 2013 is made without either jurisdiction of juridical capacity and must be withdrawn as a matter of statutory laws and the pleadings of David Derringer must be filed with court record as a matter of law and both cases of DV-12-234 and DM-12-610 must be dismissed  with  prejudice without service of summons and as such the motions and cases must be moves for such decision to a different  venue from the Second Judicial District Court in order for justice to be served.
Because this motion has been also denied filing by the Second Judicial District Court upon the illegal order to the clerks of Judge Hadfield, this motion has been sent to the Second Judicial District Court by US Postal Service certified return receipt mail and a copy of this motion has been placed as exhibit with the NM Court of Appeals EMERGENCY APPELLANT’S MOTION FOR ORDER TO STOP ILLEGAL JURISDICITON AND OBSTRUCTION OF JUSTICE OF THE TRIAL COURT OF JUDGE ALISA HADFIELD

Respectfully submitted by: _______________________________
David Derringer, Box 7431, Albuquerque, New Mexico 87194
CERTIFICATE OF SERVICE                        July 8, 2013
Petitioner’s attorney of record
Alain Jackson
423 6th St. NW
Albuquerque, New Mexico 87102
505-620-6688

On July 7, 2013 I attempted to hand delivered a  copy of this pleading to:
The Second Judicial District Court
400, Lomas NW
Albuquerque, New Mexico 87102
I then sent a copy US Mail certified return receipt to the Second Judicial District Court








[1] Asking a judge directly to stop the Respondent from further appeals is sedition, treason, request of a judge to deliberately violate oath and an vile act of the Code of Professional Conduct under NMRA 16-804 mandating disbarment. Canon 3(D)(2) against attorney Alain Jackson.

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