Judge Susan Kaye Weaver Abuse of Discretion?
Often regular folk who can’t afford an attorney will try to represent him or herself in court. The fancy lawyer word for this is “pro se” or “pro per”.
Judges and lawyers don’t care for self-represented litigants much. My sister was an attorney and sometime judge pro tem (another fancy lawyer word meaning temporarily). She liked to call self-represented litigants “im pro per”. Very punny.
It seems like some attorneys and even judges treat pro se litigants unfairly. An educated guess for the motivation is that the ones with the law degrees think the self-represented won’t know the rules, making it easy to cheat. The elitists probably get away with this unethical conduct more often than not.
But our laws are based on fairness, and people generally know when they are being treated unjustly.
The problem is that most of the people who are not educated in law can’t express themselves in a way that is easy to understand.
Many pro se litigants have made comments on my blogs and articles. Often, they sound like rants.
In a case like one presided over by Judge Susan Weaver in Searcy County, Arkansas, in which I am the defendant and counterclaimant, there are many moving parts. It is not easy to give a concise synopsis that someone with a sixth-grade education can understand. (That is the way I was taught to write when I studied journalism at Colorado State University decades back.)
So, I will discuss just one bite size piece here.
Judge Weaver appears to have abused the discretion allowed to a judge because in similar situations she acted in a different way.
For example, in the case against me, Pietrczak, 65CV-21-20, I learned about the case on my own. No summons was served on me to that point. There was a second defendant, a trust, and no summons was issued on the trust. Of course with no summons issued, there could be no summons served.
On June 10, 2021, a few days after I came upon the internet case docket, I filed a motion for continuance. The docket said there would be a “final hearing” on August 4, 2021 and all parties would need to file their exhibits for the trial. It seemed obvious to me that we were not ready for trial.
There was no summons issued on a joint defendant.
There was no summons served on me.
There was no opportunity for discovery.
Judge Weaver acted like she disagreed. She ignored my motion for continuance.
I contacted the Trial Court Administer, also a Weaver, Tammy Weaver. She said my motion was unacceptable.
Mid-July I filed a second motion for continuance. Judge Susan Weaver ignored that one also.
About July 28, 2021 I contacted the TCA again. She said the second motion was unacceptable. I was perplexed. I had basically copied a motion for continuance written by an attorney that was granted by a different judge.
So, I spent a weekend with a paid assistant and prepared 25 exhibits for trial. Then I filed the exhibits with Tammy Weaver and the court reporter, Jana Perry. I also filed the exhibits with the clerk for the docket, because I knew there was something fishy going on.
Plaintiff’s counsel, William Z. White of Heber Springs did not file any exhibits.
At the Zoom hearing on August 4, 2021, there was no jury assembled for voir dire.
Mr. White asked for a continuance and Judge Weaver granted it.
Basically, the Court caused me to tip my hand to the opposing party. When they saw that I would win, they decided to postpone the “game”.
Judges have a wide leeway to schedule trials and give continuances. It is called judicial discretion.
But, a judge’s rulings should not defy all logic. And there should be consistency.
There was another case involving Judge Weaver and attorney White, Joseph Miller v. FL Davis Center Inc, et al, 71CV-19-28. Willy White came into the case as a defense attorney late. He filed a motion for continuance, to give himself a chance to get up to speed. The hearing he wanted to continue was set for September 24, 2019.
Mr. White filed his motion on September 19, 2019.
Judge Weaver continued the hearing on September 24, 2019 by a text entry on the docket.
Judge Weaver signed a formal order to continue the hearing of September 24th on September 26th.
Here is a screen shot of the docket and a downloadable copy of the order. Notice that there were a lot of details on the order left blank.
Why, oh why, would Judge Weaver decide to grant a continuance to William Zack White’s client for a motion filed days before or on the day of a hearing, but not grant a continuance for a pro se litigant who was not served summons yet?
A. Judge Susan Weaver has no common sense.
B. Judge Susan Weaver is cognitively challenged.
C. Judge Susan Weaver is unethical.
D. All of the above.
How Judge Susan Weaver Kills the Economy
There is one thing all my exes agree on. I know how to make money.
I have the “Midas touch”. I am a “cash cow”. A “money magnet”.
My siblings could sell me into slavery, and I would probably end up advising kings.
I am also generous. To a fault, some say.
For example, when a fraudster named Micheal “Mike” Pietrczak marked me, he had $3.71 in his pocket, lived in free housing for dual diagnosed addicts and could not get a driver’s license until he paid off old fines to the State of Washington. I paid off his debts and capitalized an estate liquidation business he wanted to build.
I also worked long hours to help him build the business. When Mike Pietrczak went on continual drunken binges, my young son stepped into the drunkard’s position in the estate liquidation business and we held it together. All the while, I pursued a lawsuit that left Mike Pietrczak and me enough money to buy a 40 acre property in Searcy County Arkansas, two new trucks, two new ATVs and we could live off my passive income for the rest of our lives.
When it became apparent that Mike Pietrczak was not going to sober up, was advertising for hookers and he would probably kill or maim someone while drunk, I broke up with him. (He ended up causing his own paralysis by falling or jumping from a tree, soon after writing a suicide note and mentioning “a tree”, “a bottle of whiskey” and “a rope” in another rant.)
Mr. Pietrczak had started cleaning up an old schoolhouse in Witts Springs. (In his sober moments, he was a hardworking, lovely person.)
When the 45ish man decided to leave me to look for an 18- to 21-year-old, blue-eyed blond on Craigslist, I took over the renovation of the community building. I gave a grant of $45,000 to Community Voices to get the job done. Unlike Amber Heard, I did not “pledge” the money. I gave the money as an anonymous grant.
I am thinking about this today because I saw an advertisement on the Bargains Galore on 64 Facebook page. It is asking for volunteers to clean up a similar school building in Oklahoma.
That is exactly the kind of work I would be doing, if I wasn’t spending so much time trying to protect my remaining assets from a corrupt judicial officer named Susan Weaver and the attorneys she favors.
Judge Weaver already ordered the transfer of the Witts Springs property from a trust that I am trustee and beneficiary of to an irrevocable trust benefitting Mr. Pietrczak and to pay his attorney.
Judge Susan Weaver scared off any attorney who would represent the trust and forbid me from saying one word on behalf of the trust, under threat of incarceration for practicing law without a license.
I also have another lawsuit against a debt buyer named Portfolio Recovery Associates, LLC who made incessant phone calls to me about a debt I did not incur. If I win that lawsuit, as I should, I will have potentially several million dollars to invest.
Susan Kaye Weaver makes me uncomfortable to invest that money here. There would need to be a loud message sent to other kleptocrats that they shouldn’t drive away talent and philanthropists by making unethical transfers of their property, first. Perhaps Ms. Weaver could be incarcerated for honest services fraud, or similar. I am not an attorney, but I think there is enough evidence of corrupt acts, such as colluding to alter the record of court proceedings, to prosecute the wayward judge.
It is a shame. I am now married to a wonderful man who grew up in Arkansas. I love the natural beauty and most of the people in this state. But it only takes one witch with a poison apple and a broomstick to drive me away.
How many others who control assets will stay out of Arkansas to protect themselves from subjection to jurisdiction on cases presided over by Judge Susan Kaye Weaver and her ilk?
How I Cope with A Corrupt Judge like Susan Weaver of Arkansas
This is not legal advice. I am not an attorney.
This is not a replacement for seeking mental health services from a professional. I have not studied psychotherapy nor a related field formally.
This is just one friend speaking to another about how she copes with corrupt judges.
It is a corrupt system.
Not every judge is corrupt though. When there is an honest judge presiding, our legal system is a thing of beauty.
When there is an unethical judge, it is a nightmare.
This is what I do when I find myself living the nightmare.
I tell myself, “I will do what I can do.”
If you find yourself in front of a judge like Susan Weaver, I know you are frustrated.
I know you are afraid.
Give yourself permission to feel your feelings.
Expect miracles. Let go and breathe.
Take each next right step. Do what you can do.
I use yoga in the morning to find calm and try to take that calm with me into the day.
Sometimes circumstances are out of control. For example, Judge Weaver dismissed me as a defendant from a case on the merits, but then transferred a $199,000 property that was in a trust that I was trustee and beneficiary of to a man who put his plan to defraud me of $75,000 in writing. Oh, his attorney will probably get a huge portion of that and who knows, some may find its way into Judge Weaver’s pocket. I am just speculating. But no one is as dumb as Judge Weaver appears to be from her decisions. The injustice she metes out must be purposeful. (Judge Weaver was adamant that I make no argument or provide evidence that would benefit the trust. She threatened me with incarceration if I represented the trust.)
Breathe.
Speak to a therapist. If you don’t have good insurance, there is a free 12-step program called CoDA that is full of people who are learning to set boundaries. Church pastors and their wives are usually helpful to speak with as well.
For me, it is empowering to write about the problem.
I had a corrupt commissioner presiding on a custody case in California. When I wrote about my experience, bunches of other parents contacted me with similar stories. Eventually the bad judicial officer left the bench. He died two years later at the age of 64.
There are people who are employed on the taxpayer’s payroll who are supposed to protect us from unethical judges. In Arkansas, they are with the JDDC (Judicial Disciplinary and Disability Commission).
Usually, these commissions are a big waste of money, a paper tiger.
The JDDC tried to discipline Judge Susan Weaver when she first took office in the Circuit Courts. But Judge Weaver beat them at the appellate court.
Yes, it is frustrating when you are forced to take on people who have power and control, who seem untouchable. You may feel like you cannot possibly win.
But allowing hypocrites to take your property, liberty and maybe even life without putting up a fight is a certain loss.
There is peace in pursuing justice to its end.
Namaste and Shalom.
Email: bohemian_books@yahoo.com
Can A Kleptocratic Court Conceal Its Own Wrongdoing by Denying a FOIA Request?
“(c) Whoever corruptly–
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.”
– 18 U.S.C.A. § 1512 (West)
This writer is having a heck of a time obtaining an audio recording of three hearings presided over by Judge Susan K. Weaver of Arkansas Circuit Court.
The recordings, taken with the official transcript created by Court Reporter Jana Perry, are evidence that I want to use in several proceedings.
Judges have absolute judicial immunity against civil liability for any act taken with jurisdiction from the bench. Thus far they have not bestowed immunity from criminal prosecution on themselves. But Judge Weaver and her ilk may be working on that right now.
Judicial Ethics Commissions: Paper Tigers Eating Your Tax Dollars
Judge Susan Weaver of the Searcy County Arkansas Circuit Court and her sidekick, Court Reporter Jana Perry have created a paper record of a case against me that is distinctly different than what I remember happening in three hearings.
It is my word against theirs, as long as they keep the audio recordings of the hearings under wraps. And they have.
There are several channels that may lead to an order against Judge Weaver to make the recordings public.
One channel is to have the Judicial Discipline and Disability Commission issue a subpoena as part of an investigation. But, I filed a complaint on August 15, 2021. The transcript was not issued yet, so the complaint was about what happened in the hearing of August 4, 2021.
Apparently, the Commission decided there was not enough evidence to listen to the recordings. On May 11, 2022, about nine months into the “investigation” the Commission issued a dismissal notice of the complaint. (See a copy posted below.)
What next?
I can make a Freedom Of Information Act request for two of the recordings.
My first FOIA request for the first hearing’s recording was denied by no other than Judge Susan Weaver.
When the dishonorable judge denies the next FOIA request, I will file an appeal. I can’t be the only one who thinks the fox should not be allowed to guard the chickens.
There is a subpoena for the tapes in another related case. Of course, Attorney General Leslie Rutlege’s office came to the rescue of the allegedly criminal court employees by filing a pending motion to quash the subpoena. The judge on the related case is Honorable and there is a chance a light will aim right at the falsified transcripts. But the Good Judge used to work in the AG’s office as Solicitor General. The pressure to quash the subpoena must be fierce.
There will be an appeal of Judge Weaver’s rulings on the underlying case. As a part of the appeal, I will file a motion to settle the record. Judge Weaver denied a similar motion. Again, Foxy “protecting” the hen house.
Finally, there will likely be a second 42 USC 1983 suit filed against Jana Perry and William White, the attorney who profits most from the alleged honest services fraud. My first 1983 suit which was based on only the first fictionalized transcript was dismissed by Judge Billy Roy Wilson before allowing discovery. The Eighth Circuit Court of Appeals affirmed the dismissal sua sponte. Something about judicial immunity and Rooker-Feldman.
What will the JDDC say when the recordings are finally played in public and my memory (and notes) served me well?
“Oops”?
Nobody Mention the King is Naked, Please.
This is a repost of a piece I wrote in 2014. Names and places have changed, but the system is broken in the same way.
For many years I risked the wrath of the people who have taken over the court in Los Angeles, by writing about some of the more public acts of corruption. I did not have to dig too deep or have any magic powers. I lived 120 miles away from L.A. and drove up there just for court dates and on the off chance I might be able to see my then minor child.
Commissioner Alan Friedenthal, who the California Supreme Court finally ruled showed bias against me, had ordered and maintained that mother and child should be completely separated. DCFS did not recommend that. No psychiatrist or psychologist was consulted. My record was spotless…except for that one parking ticket I got in Studio City. My lifelong medical record shows that I am hesitant to even take prescription drugs and I have never been a drinker.
My situation was not unique. My new friends Janette Isaacs, R.V., “Sam” and the rest all had nearly identical stories. In fact, I was once “accused” of writing something threatening about Al Friedenthal by Sargeant Wheatcroft; But the posting he was griping about was not even written by me. The author mentioned her “new husband” in the post, and I was a single woman and not in a serious relationship yet. The only difference between me and most of the others was my willingness to use my true identity, at the risk of illegal retaliation. And “the court” did retaliate.
Years have passed. My children both aged out and we are able to enjoy each other again. We are healing, slowly. The scars are deep.
One of the worst scars is that we have no faith in our legal system. We distrust police and judges. We also fear other humans, because they may be able to harm us with impunity.
I have a simple legal dispute in San Diego now. It is a property dispute, based on contract and an interference with that contract.
The defendants in that case thought I would not be able to afford an attorney to protect my rights. They did not know I self-studied law and had the best training any lawyer could ask for…taking on the team of government paid attorneys and judges in LASC. My civil case should be a slam dunk.
Unfortunately, I have a handicap. One of the bad apples from Los Angeles, Tamila Ipema, transferred to San Diego. It is possible she will spoil the whole bunch.
Judge Ipema presided over a restraining order hearing involving one of the conspirators in my civil case and me. Though she did not go as far as Judge Elizabeth Feffer, issuing a restraining order that would need to be fought to the U.S. Supreme Court, she did not give me protection from the other party, either. The other party claimed to have video of me threatening him, but refused to show that video to the court. He did enter an article I wrote as evidence. The article was titled “Is The LASC a Racketeering Organization?” It was written December 30, 2010. Three years ago.
I objected to this evidence as irrelevant. Judge Ipema admitted it.
Here is the entire text. Look for anything that looks remotely threatening to anyone, that would warrant a restraining order. Also note that Tamila did not disclose that she worked in L.A. Family Law until 2008 and came up through the ranks with Commissioner Alan Friedenthal.
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Human Rights Alert (NGO) and Joseph Zernik, PhD, released a proposed schematic organizational chart of the LA-JR (alleged Los Angeles Judiciary Racket). They wrote: “The organizational chart proposes that LA-JR is widespread and well established, is supported by justice system agencies, and colludes with law firms and financial institutions large and small. However, It should be noted that the LA-JR today is primarily focused on a white-collar crime, and as such – is a loosely organized enterprise. Court Counsel Frederick Bennett, Clerk of the Court John A Clarke, and Judge Jacqueline Connor are listed in leadership positions.”
Is the Los Angeles Superior Court a racketeering organization whose members can and should be indicted under RICO laws, much as the mafia?
Most people think of racketeers as God Father characters, Jimmy Hoffa or Scarface. They think of gangsters toting guns and making extortionist threats in the shadows late at night. They think of bricks of cocaine and porno.
Ah…recent exposure of an often appointed custody evaluator named Dr. Joseph Kenan may bridge the gap between the perception of the Court as a professional, decorious establishment, and a typical racketeering organization.
Even though Local Rules of Court 14.21 does not specify that custody evaluators should not be men known to associate with porn stars and run alleged crack houses, it seems the judicial officers responsible for making delicate decisions about custody should have at least a smidgeon of common sense.
This reporter questions the motivation for Judge Elizabeth Feffer, Judge Scott Gordon, Commissioner Alan Friedenthal and others for accepting evaluations from a man whose reputation is of throwing drug fests and hiring male prostitutes. Let’s just say the integrity of the court is brought into disrepute.
Where is the CJP while the Los Angeles Superior Court gains the reputation of ordering payment to and services of men like Dr. Kenan, AKA Joe-blo? Well, they are in San Francisco. Nuff said.
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Welcome to Arkansas, 1954. Um, sorry 2022.
Judge Susan Weaver is transferring properties from trusts to her pet attorney’s clients, without service on the trustee with notice of the action.
In my case, I allege she colluded with the court reporter and attorney William Zac White to falsify the record. Judge Weaver and Jana Perry used your tax dollars to evade playing the tapes that were inaccurately transcribed.
I have spent countless hours and thousands of dollars trying to retain an attorney who is brave enough to argue to the Court of Appeals that the record should be settled by playing the tapes. None can be found.
Perhaps the lawyers are foreshadowing the response from the Court of Appeals…anger at me for speaking the truth.
Is there no one in power who wants to preserve our fine system of law and order? The JDDC? The Arkansas Attorney General? The FBI?
So far, mine is a lonely small voice. Can you hear me? “The King has no clothes.”
Why Judge Weaver Keeps the Record Under Wraps: The New Nixon & Weavergate
There is a reason court reporters make transcripts of hearings.
An audio recording is a better record. But electronic records deteriorate faster than paper and become obsolete. Now that “paper” records are stored electronically by the courts, that reason is negated.
It is quicker to read than to listen. An hour-long hearing transcript takes about 20 minutes to read.
It is easier to “rewind” print than electronic communications.
The advantages to using the audio recording for a court record is that it is more accurate. It is harder to edit than a transcript.
Hopefully court reporters are always honest. But they are not.
I allege that Jana Perry in Searcy County Arkansas purposefully made two inaccurate transcripts in a case in which I was a defendant.
I asked to have the tape played back. Ms. Perry refused.
I asked Judge Susan Weaver to “settle the record” by playing back the tape in open court. She refused.
I made a Freedom of Information Act request for the recording. Judge Weaver refused to approve the FOIA request.
I need the record of the case as evidence in another case. So, I sent a subpoena to Jana Perry.
An assistant Attorney General wrote a motion to quash the subpoena for Ms. Perry. Your tax dollars at work. Ironically, one reason he gave was that producing a copy of the audio recording was a burden. How much more of a burden was writing the motion, the response and having the court read the response?
Why so secretive? You decide.
A. Judge Weaver does not like the sound of her own voice.
B. Jana Perry wants to drum up business, and there is not as much mark-up when emailing the audio. (This is one reason the AG gave in the motion to quash.)
C. Judge Weaver and Jana Perry are guilty of honest services fraud for purposefully making a false record of a case in which Judge Weaver transferred title to a property worth at least $200K from an unrepresented trust to a convicted felon and his attorney.
D. B & C.
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Put your answer in the comments. Thanks.
Everyone is a Critic: William Zac White Included
William Z. White <wzwhite@wzwhite.com>
To:Laura Lynn
Cc:Brooke Hipp,Chris Butts
Sat, Apr 16 at 12:34 PM
I do not want your courtesy. I have blocked you from all means of communication with my office. Send me a summons or just go away. Put that on your worthless blog. Last warning.
***************************************
That was his last “last warning”. Here are a few more culled from various emails he sent to me. Cut and pasted. The errors are the esteemed attorney’s. Bold added.
***************************************
William Z. White <wzwhite@wzwhite.com>
To:Laura Lynn
Cc:Brooke Hipp,Chris Butts
Fri, Mar 18 at 10:07 AM
All of them. Consider this your only cease abs desist warning. I like reading how other courts around the country have admonished your behavior. Already dealing with the office of professional conduct. I have asked to file a complaint against you.
William Z. White <wzwhite@wzwhite.com>
To:Tammy Weaver
Cc:Laura Lynn,Jana Perry,Brooke Hipp,Chris Butts
Thu, Mar 31 at 7:52 AM
Ms Hammett,
I have instructed you not to communicate with me or my office staff since you are no longer a party to this action and there is no legitimate reason for you to contact us. I have had enough of your threats. I do not care who you email but do not include me or my staff members. I am done with you and trying to move on civilly. This is your last warning.
William Z. White <wzwhite@wzwhite.com>
To:Laura Lynn
Cc:Brooke Hipp,Chris Butts
Sat, Apr 16 at 12:29 PM
I will do no such thing. You made the record a convoluted and ridiculous. I will not agree to help you or your “case” in anyway. I will never meet you in person unless I subpoena you and your husband for depositions or your criminal contempt trial. Once again do not contact my office. As I mentioned I will be filing a police report for your incessant harassment. Do yourself a favor and go away before I take an actual interest in putting you in jail. You lost deal with it. Next time you should not try to evade child support with your hair brained schemes. Last warning. Do not contact my office again.
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About the use of a trust to protect assets, I found an article on the Experian website. Here is a quote from work by Erica Sandberg:
“With a revocable trust, your assets will not be protected from creditors looking to sue. That’s because you maintain ownership of the trust while you’re alive. Therefore if you lose a lawsuit and a judgment is awarded to the creditor, the trust may have to be closed and the money handed over.”
I am not an attorney. William White is an attorney.
If he dismissed the trust and won against me, he could probably have reached the assets in the trust. (That may be why Willy didn’t issue a summons directed to the trust for six months.) But he dismissed me and won against the trust by default (because no attorney would take the case and jeopardize his career with the wrath of Judge Weaver).
Now the Court of Appeals will need to decide if the trustee, beneficiary and settlor of a living trust is allowed to present testimony and evidence at a hearing on damages when the trust is not represented but the trustee is a joint defendant, is present and prepared to present evidence.
Justice would be served if Judge Weaver had imputed my defenses on the defaulting joint defendant, especially because I owned the property held in the trust.
But why talk about Justice and Judge Weaver in the same sentence?
Who Owns Arkansas?
It is election season. “Vote for Me” signs line the roadways. Stacks of circulars clutter the mail.
There is one “quality” claimed by a few of the candidates. They brag on how many generations have lived in Arkansas.
Being from the lineage of those who displaced the native Americans seems to be a badge of honor.
Attorney William Z. White of Heber Springs brags on his website that “Zac is a sixth-generation Arkansan”.
Judge Susan Weaver’s family goes way back in the state also.
I am a transplant to Arkansas. I am a native Californian and understand why people who already live in an area would want to put up a wall.
But on the same advertisements for political office, the candidates claim to want to stimulate the economy and attract businesses. There is an upside to population growth.
My experience is that I moved to Arkansas with enough assets to retire modestly. Always hoping to contribute, I helped renovate a community building at a cost to me of $45,000 and I fixed up an empty house in Saline County. Yet, seven years after moving to Arkansas, I am close to broke.
A big percentage of my losses were COVID related. But the remainder of losses are due to a corrupt Arkansas judge.
I am the beneficiary of a trust that held a property worth somewhere between $199,000 and $350,000. I planned to sell that property and split the sales price 50/50 with my former partner. Judge Weaver transferred title of that property to my former partner, one of William Zac White’s clients, with a huge chunk of it going to attorney fees, of course.
Judge Weaver would not allow me to testify about how my former partner defrauded me and allegedly stole money from me, swore under penalty of perjury he would reimburse me for the hundreds of thousands of dollars of capital he took from me, and convinced me to put title of the property into a trust rather than my own name.
Judge Weaver said that speaking the truth about the situation would be the unauthorized practice of law. I was a co-defendant in the lawsuit filed by William White, but he said he intended to dismiss me, and Judge Weaver used that as an excuse to muzzle me.
Who owns Arkansas? Not the newcomer.
Do not bring your life savings to Arkansas with the intent to retire. The clans that have been here for generations will make protecting your assets a full-time job or drain your bank accounts through attorney fees. It’s a stinking shame.
Submit Your Nominations for Dumbest Idea Ever Concocted by An Attorney
Here is my nomination. Try to beat it.
Attorney William Z. White filed an untenable lawsuit against me on behalf of the man who defrauded me of hundreds of thousands of dollars. The fraudster client convinced me he thought of me as his “wife in the eyes of God” and we would spend the rest of our lives together. He then borrowed over $260,000 with no intention of paying it back.
I began to realize the fraud. I said I was breaking up and not giving the fraudster any more money.
He convinced me to stay with him by signing a contract that said if we broke up we would split our assets, other than my share in a family owned company, 50/50.
After the fraudster was caught buying the services of hookers, I threatened to break up again.
Fraudster convinced me to stay by transferring title in the property bought with my money to a trust. I was the trustee and the beneficiary. To give the fraudster some protection, we wrote a mortgage for the amount we paid for the property. I even agreed to an interest payment that was legal usury.
After the fraudster nearly killed himself in a drunk driving accident, I broke up. I didn’t want to be collateral damage and I was not willing to put up with the sexual infidelity.
Step in Willy White.
(Well, an attorney who is now a judge, Billy Jack Gibson, represented the fraudster at first. He did not file a lawsuit for the fraudster.)
White filed a suit in 2018, naming me as an individual and the trust. He used the character chain “and/or” for all the claims against the trust.
The suit was dismissed in 2020 for lack of prosecution.
Then White came up with a plan. He used a similar plan on a case where he represented Richard Gawenis. It didn’t work out well for them in the Gawenis case, but try, try again.
White refiled the case against me and didn’t serve a summons. He was going to ask Judge Weaver to give him default judgment.
Judge Susan Weaver gave default judgment to revoke a trust on the Gawenis case even though the trustee of the trust involved was not served summons or notified. If that was an isolated case, I’d say it was due to Judge Weaver being less than the brightest bulb. Since Weaver was already made aware of the error by a licensed attorney, and she set aside the order, it looks like Weaver was colluding with White when he tried the same act a second time.
On my case, Attorney White didn’t even issue a summons for the trust defendant.
Unfortunately for the conspirators, I noticed the second lawsuit on Court Connect on my own.
I fought Weaver and White for about 9 months. It was obvious they were colluding.
Finally, White sent me a couple boxes of documents I requested through discovery. One paper was a letter written by the fraudster and signed that described the plan to defraud me more.
I presented the letter to Judge Weaver.
Here is the dumbest idea I’ve heard of concocted by an attorney. Since the attorney couldn’t beat me in court, even with an unethical and/or moronic judge, he dismissed me with prejudice.
I am not allowed to represent the trust, because that would be considered the unauthorized practice of law.
There is not a single attorney amongst the dozens I asked who would represent the trust. The honest ones said it was for fear of retaliation by Judge Weaver. The others said they were too busy to earn $300 per hour from me.
So, the trust lost by default.
Willy White looked like Pinocchio when the wooden headed boy got applause from his first performance. Pinocchio was clapping and laughing with the crowd, so proud of himself.
Here is where the plan fell apart.
A dismissal with prejudice means it was on the merits. Since the non-defaulting party prevailed on the merits, the joint defaulting defendant should also be dismissed. There was no merit to the joint claims.
Since the claim was that I and the trust clouded title to the fraudster’s property and trespassed on it, and I “proved” that I did not trespass or cloud title, the statements in the complaint that I and the trust did anything must be deemed false. The trust must also be dismissed. It would be a second dismissal, so it would be with prejudice.
Judge Weaver acted like she is not aware that default judgment is not mandatory and that the judge should use discretion when handing out default damages.
Judge Weaver knew there was an avalanche of evidence against the fraudster. But it is so much fun for Judge Weaver to “play” with other people’s trust funds. (She was quoted by the Democrat Gazette as saying so.) Judge Weaver gave the property that may be worth $350,000 to the fraudster, and then said she approved the transfer of the asset to an irrevocable trust designed by William White.
To make it look like there was some reason for giving the property to the fraudster, Judge Weaver wrote in her order that I did all the bad things that were claimed in the complaint, even though I was dismissed on the merits.
Hopefully the Court of Appeals will reverse the erroneous ruling and dismiss the case against all defendants. Then I won’t need to file a malicious prosecution and fraudulent transfer case to recover the property.
The dumbest idea I have heard of concocted by an attorney is to dismiss one joint defendant who has his him on the ropes with the expectation that the defaulting joint defendant will lose on the exact same claims, and the order will hold up on appeal.
A Higher Law 