Count Your Blessings if You are Victimized by Attorney William Z. White – It Could Be Worse
“During the noon recess of the court, an attorney assisted a mob in taking a prisoner from the jail, and hanging him in the court-house yard. Owing to excitement of the people, no one was willing to testify against the attorney, or make an affidavit charging him with the offense. Held, that an order of the judge to the attorney to appear and show cause why his name should not be stricken from the roll, and reciting the offense with which he stood charged, was sufficient, under the special circumstances of the case, though the charge was not made on affidavit.”
Ex parte Wall, 107 U.S. 265, 2 S. Ct. 569, 27 L. Ed. 552 (1883)
Attorney Faces Discipline Over Sexist Slur
Thank you to attorney Robin Shea of Constangy Brooks Smith and Prophete LLP for her post on Lexology.
She recounts how an attorney lost in a hearing and then, when leaving, turned to the two female opposing counsel and said: “See you next Tuesday. See you next Tuesday.”
The comment seemed innocuous enough. Unless a person was hip to the slang meaning of “see you next Tuesday.” If you are not sensitive, you can read the meaning here.
Spoiler alert: It is a four-letter word that starts with C-U.
The judge presiding at that hearing, after being alerted to the meaning of the sentence, issued this order.
He said, in part:
“An attorney is an ‘officer of the court’ who, by virtue of his or her professional position, undertakes certain ‘special duties … to avoid conduct that undermines the integrity of the adjudicative process.’ ” (F.T.C. v. Network Services Depot, Inc. (9th Cir. 2010) 617 F.3d 1127, 1143.) In other words,” ‘[l]t is vital to the integrity of our adversary legal process that attorneys strive to maintain the highest standards of ethics, civility, and professionalism in the practice of law.’ (People v. Chong (1999) 76 Cal.App.4th 232, 243, 90 Cal.Rptr.2d 198.) Indeed, unwarranted personal attacks on the character or motives of the opposing party, counsel, or witnesses are inappropriate and may constitute misconduct. (Id. at p. 245, 90 Cal.Rptr.2d 198; see also Stone v. Foster (1980) 106 Cal.App.3d 334, 355, 164 Cal.Rptr. 901.)” (In re S.C. (2006) 138 Cal.App.4th 396, 412.) “When, during the course of trial, an attorney violates his or her obligations as an officer of the court, the judge may control the proceedings and protect the integrity of the court and the judicial process by reprimanding the attorney.” (Chong, supra, 76 Cal.App.4th at 243-244.)”
The judge referred the unprofessional conduct to the State Bar for disciplinary action.
Too bad Arkansas Circuit Court Judge Susan Kaye Weaver does not defend women against similar conduct.
On March 17, 2022, during the hearing in which attorney William Z. White admitted a non-suit against me was in order, he leaned toward me and said “Bitch” loudly.
Court Reporter Jana Perry decided not to include that sexist slur in the transcript of the hearing.
Judge Weaver completely ignored the slur. She was too busy transferring property that should have belonged to me to Mr. White and his client.
Like: “We’re going to dismiss you, Bitch, so shut your mouth. You are not allowed to speak the truth on behalf of your trust.” Oh, and see you next Tuesday.
Arkansas Judge Susan Weaver Throws a Tantrum
Judge Susan Weaver gave a 40-acre property and house that was held in a trust to a man, even after seeing a handwritten note signed by the man that described how he was committing fraud on the trustee of that trust.
I am the trustee. I was also named in the lawsuit as an individual. Because I was 100% right and the fraudster was 100% wrong, he dropped the suit against me.
The judge and fraudster’s lawyer thought they found a clever loophole.
A trustee cannot defend herself in court, unless she is a licensed attorney.
I told Judge Weaver that I had a heck of a time finding an attorney who would represent the trust, due to the appearance of bias by the court. I literally had an attorney refuse $300 per hour to represent the trust because if he did, he would never win a case in front of Judge Weaver again.
Then, after Weaver found against the unrepresented trust by default, I found an attorney who would at least file a notice of appeal for the trust. His name is Dustin Duke. He is not quite Oskar Schindler, but he does seem to like to protect the underrepresented.
Anyhow, Mr. Duke got me through to the Court of Appeals. Then he wrote a motion to withdraw as counsel.
Neither fraudster’s attorney nor I filed an opposition. But Judge Weaver did not grant Mr. Duke’s motion.
He filed an amended motion to withdraw. Again, silence from the judge.
Then, I filed the record in the COA. I followed up with a tell all motion to settle the record that describes how Judge Susan Weaver and Court Reporter Jana Perry fictionalized hearings and then kept the audio of the hearings under wraps.
All of a sudden Judge Weaver decided to grant Dustin Duke’s motion to withdraw, which would leave the trust unrepresented again.
The problem for Suzy is that she does not know law.
I am not an attorney. This is not legal advice. But I think that it is illegal to smoke weed in Arkansas without a medical marijuana card and I think jurisdiction, the authority of a court to act, passes from the trial court to the appellate court when the record on appeal is filed.
I think Judge Weaver’s order was two days late and amounts to nothing more than a tantrum by a spoiled child who found out she is going to have to return the toy she stole from a kid on the playground.
The sad part is, judges usually can’t be held liable for making bad calls, even if they purposefully do the wrong thing. But they can be incarcerated. Doesn’t happen often, but we can hope.
Motion to Correct Inaccurate Hearing Transcriptions Filed at the Court of Appeals
Enjoy the read.
The attorney for the trust wants to withdraw.
If you are a brave attorney who is willing to work on contingency and for the common good, please contact me. The plaintiff went to legal aid about this case before finding attorney William White wallowing in the ooze, so legal aid has a conflict of interest preventing them from helping me.
Clerk and Court Reporter Give Fraudster More Time to Hide the Money
My former romantic and business partner admitted, through his attorney, to advertising on Craigslist for a blue-eyed blond less than half his age. This while we were living together, and he was spending my passive income as if it was his own.
The lecherous middle-aged man also wrote and signed a letter telling his dad, Walter Pietrczak of Malvern Arkansas that he was collecting thousands of dollars from me under the pretense that we were splitting the property we accumulated while together in half. He warned his dad to keep it a secret from me until I paid the full amount, and then have attorney William Zac White file a lawsuit that said I defrauded him and did not pay the mortgage.
Despite a judge, Susan Kay Weaver, colluding with Mr. White and the Court Reporter Jana Perry, I was able to get dismissed from the case as an individual.
But I was not allowed to represent a trust that held the property, because I am not a licensed attorney.
I could find no attorney brave enough to represent the trust. With the Court’s obvious animosity toward me, it would be professional suicide to be associated with me.
Judge Susan Weaver denied my motion to intervene on behalf of the trust.
The judge gagged me (figuratively), then held a kangaroo court and awarded the entire property and then some to my former partner, a felon and drug addict. She also approved a fraudulent transfer of the property into an irrevocable trust, making it that much harder for me to recover the property after appeal.
Judge Weaver signed an order that found me guilty of all kinds of things as an individual and seized my property interests without any opportunity to defend myself.
Step in the Searcy County Clerk, Debbie Loggins. Ms. Loggins recorded the judgment under my name as an individual. (She said she corrected that on Friday, July 15, after I discovered the error.)
I filed a notice of appeal and was waiting for the record to be produced by the clerk and court reporter. I had 90 days to get the record filed. That would be today, July 19, 2022.
While I waited, the Pietrczaks sold the property for almost $200K and transferred the money into the irrevocable trust. The buyer’s title insurance company will probably blame their mistake on Clerk Loggins.
The transcript was emailed to me at 9:56 P.M. on Sunday, July 17th.
The clerk realized I was allowed to pay electronically but chose to drive an hour and a half each way to pick up my check and drop off the record on Monday evening, July 18th.
The Court of Appeals received my filing in the wee hours of July 19th.
I had prepared a petition for writ of certiorari to compel the clerk and court reporter to do their jobs. It is not necessary to file that now. It wasn’t wasted effort, as it may be what convinced the two conniving government employees to do their jobs.
Since I put in the effort, I will post the petition here. Sorry about the formatting. A download of the properly formatted PDF is available at the bottom.
IN THE ARKANSAS COURT OF APPEALS
RURAL REVIVAL LIVING TRUST; AND LAURA LYNN HAMMETT APPELLANTS
v. CASE No. 65CV-21-20
MICHEAL PIETRCZAK APPELLEE
PETITION FOR WRIT OF CERTIORARI TO COMPLETE THE RECORD
COMES NOW, on this 18th day of July, Laura Lynn Hammett, Appellant, pro se, and for this Petition for Writ of Certiorari to Complete the Record and in support thereof states, pursuant to cited authorities and facts attested to by affidavit filed concurrently:
- This motion is filed pursuant to Ark. Sup. Ct. R. 3-5(a). Rule 3-5(a) permits this Court to authorize its Clerk to issue a writ of certiorari to a circuit court clerk or court reporter to prepare the record on appeal.
- Attached to this motion is a partial record. The partial record consists of certified copies of documents from the Searcy County Circuit Court Clerks file in the above-styled case. These certified documents requested on July 15, 2022 were “all orders in the case and the motion for extension of time filed June 17th, 2022”. The order of July 13, 2022 denying an extension of time to file the record was not included in the packet by the clerk and so an uncertified copy printed from the Court Connect site was included.
- That on April 20, 2022, Appellant timely filed a Notice of Appeal and Declaration of Record to Supreme Court of Arkansas with the Searcy County Circuit Court.
- The appellant, in compliance with Rule 6(b), has timely ordered the stenographically reported material from the court reporter and made any financial arrangements required for its preparation.
- The Record on Appeal shall be filed with the Clerk of the Arkansas Supreme Court and docketed therein within 90 days, July 19, 2022. (Ark. R. App. P. 5(a)
- If the record will not be prepared timely, the appellant must give the other parties an opportunity to object to an extension either in writing or by hearing. (Ark. R. App. P. 5(b)(1)(C))
- If the motion is made in writing, the opposing party has 10 days plus weekends to respond. (Ark. R. Civ. P. 6)
- Therefore, in order to ensure time for an opposition and for the Court to decide a motion for extension of time, Appellant filed a motion on June 17, 2022 despite the hope and assurances that the Court Reporter and Clerk will complete their tasks timely.
- This order requested was to be contingent on the need for an extension of time for the court reporter to include the stenographically reported material in the record on appeal or for the circuit clerk to compile the record and would extend the time allowed until the complete record is compiled and Appellant notified of such plus three business days, but no more than seven months.
- Appellee did not oppose the motion. He made no response.
- The Trial Court denied the motion for extension of time on July 13, 2022 with no stated reasoning.
- On June 7, 2022 Court Reporter Jana Perry replied to an email inquiry that the “electronic appeal record will be filed on July 15, 2022”. As of this writing on July 16, 2022, Appellant was not notified of a filing nor readiness of the transcript.
- On June 8, 2022, Appellant spoke with Circuit Clerk Debbie Loggins. Ms. Loggins said the electronic appendix would be complete by July 5, 2022.
- Appellant made several inquiries of the deputy clerks and was told Debbie Loggins would need to answer the inquiries. Having no communication from Debbie Loggins between June 8th and July 14, 2022, Appellant left a voice mail stating that she would be to the clerk’s office in Searcy County on the afternoon of July 15, 2022. She asked for all orders and the motion for extension of time to be certified and for a separate packet of all documents filed since October 7, 2021 certified.
- On the afternoon of July 15, 2022, Appellant was at the clerk’s office. The requested documents were not ready. Deputy clerk Mary Beth prepared the orders and the one motion, apparently missing the order of July 13, 2022.
- Appellant spoke with Clerk Debbie Loggins for well over twenty minutes. The Clerk told Appellant that the record would take only an hour to prepare, but Ms. Loggins was not going to prepare it until Saturday, July 16, 2022. The clerk said this is the first electronic record she has prepared. She said she had a woman doing them for $100 each, and was going to have her daughter do them from now on, but assured Appellant she would complete the record in this case herself. [The cost charged to me for the completed electronic record was over $3,000. Good money maker for the clerk’s office and good way to keep the middle class from access to the appellate court.]
- Clerk Debbie Loggins told Appellant she would call her when the record is ready on Saturday. As of Sunday, July 17, 2022 at 12:15 P.M., Appellant received no call from the Clerk.
- Appellant asked Clerk Loggins if she could pay while she was already in the office. The Clerk said Appellant had the choice of driving back from Conway to Marshall on the following Monday or leaving a “blank check”. Neither option makes Appellant comfortable, and thus she is filing this petition to be certain to be in strict compliance.
- That for the foregoing reasons, counsel hereby requests that this Court grant the Writ of Certiorari to Complete the Record and order the record to be completed by the Court Reporter and Circuit Clerk within thirty (30) days.
WHEREFORE, Petitioner Hammett requests that this Court authorize its Clerk to issue a writ of certiorari to the Searcy County Circuit Court Clerk directing the clerk to complete preparation of the record on appeal in this case; and to the Court Reporter directing her to complete the transcripts.
Respectfully submitted, ______________________________
NOT SUBMITTED – MOOT
What Kind of Court Do We Want? Not A Court Run by Susan Weaver and Debbie Loggins
I voted for Judge Susan Weaver and Circuit Court Clerk Debbie Loggins of Searcy County Arkansas.
I am sorry for my vote.
Judge Weaver is tied for most evil judge I have come across. I have seen a lot of bad calls that had tragic effects on children’s lives. But most of these were made by California judges who identified as Democrats and Liberals. Judge Weaver has posted “praise Jesus” on the internet and represents herself as all country and apple pie. I escaped California and married a Christian populist and am offended and embarrassed by the hypocrisy of Susan Weaver.
I am not an attorney and this is not legal advice. I am telling you my experience and paraphrasing court rules with a citation to the rule for you to look up. You are allowed to interpret the law for yourself.
I filed a timely notice of appeal of all orders written by Judge Susan Weaver in a quiet title case filed against me by a former romantic and business partner. Merely scratching the surface of the errors made by Judge Weaver, she gave a property worth at least $199,000 from a trust that I was sole beneficiary of to my former boyfriend. This despite seeing a letter written by the ex-boyfriend, an ex-con describing his plan to defraud me of $80,000 and then sue me for much more.
The courts in Arkansas require the record for appeal to be filed within 90 days of the original notice of appeal. The responsibility for getting this done is on the appellant. So, if it looks like the clerk or court reporter will not do their jobs timely, the appellant must file a motion for extension of time and follow the rules strictly. If the Circuit Court denies the motion for extension, as did Judge Weaver for me, the appellant must file a Petition for Writ of Certiorari in the Court of Appeals. The appellant can file a Petition for Writ of Mandate to compel the clerk and court reporter to do their jobs, but I think that the COA gives the mandate automatically, if they grant the Cert for extension of time. (Rules of the Supreme Court and Court of Appeals Rule 3-5)
Ironically, one order I am appealing is the granting of a motion for extension of time to serve summons that did not allow for me to respond in writing and that was an abuse of discretion, as the Plaintiff did not issue a summons before claiming that I was dodging service.
Circuit Clerk Debbie Loggins and Court Reporter Jana Perry both promised me they would have the record ready in time. But the record is due in less than a week and so I must write, serve and file my petition for writ of cert, which takes an amateur like myself several days. It also entails five hours of driving and the cost of getting certified copies of documents from Debbie Loggins.
It is a Catch-22 that may require me to file a petition for writ of mandate to compel Ms. Loggins to prepare the certified copies of orders that are needed for my Petition for Writ of Cert.
Why is the Clerk of the Court, the Court reporter and the Judge, Susan Kaye Weaver, making it so difficult to appeal Judge Weaver’s orders?
Whatever the reason, please do not vote for Susan Weaver or Debbie Loggins for any position in the future. They are incompetent, unethical or both.