Betrayal of Justice
As you know, my original goal to involve government was to have a record of my neighbor’s concerning behaviors – their talk of using guns and then invading my privacy after specifically being advised to leave me alone. I never wanted or expected the courts to become involved. Instead, actions of Archuleta County employees did the opposite of protecting me and in so doing compounded harm. So as naturally inclined, I respond with purpose; to expose governmental incompetence, malfunction and intrigue. Yet the deeper I dig, the more there is worrisome evidence for more of the same; botched actions by bumbling, flawed bureaucracies and broken cultures that don’t know, don’t care and can’t be bothered.
Footnote:
25 August, 2024 came and went. A year since being subjected to lies and deception in Judge Justin P. Fay’s miserable excuse for a courtroom. Also a year since Judge Fay admonished, made fun of and basically called me a lair. The passage of time has only hardened my resolve to expose him and his accomplices. I had no idea what a fruitless battle that would become.
Colorado Commission on Judicial Discipline – Round One
7 February, 2024: filed an on-line complaint form with the Colorado Commission on Judicial Discipline about Judge Fay. His conduct, demeanor and comments directed to me in court absolutely do not meet 2010 Colorado Code of Judicial Conduct rules. The March 29 reply letter from Interim Acting Director Jeffrey M. Walsh was gibberish – made-up explanations having little to do with my complaint – as if they had not even read my submittal; a seeming superficial and convenient whitewash.
22 April, 2024: I sent Walsh a 3-page follow-up letter laying-out my concerns in far greater detail – citing court rules and expressing great concern for Judge Fay’s demeanor, comments. To wit, portions of that communication in which I made my case are repeated here:
“My complaint turns on key elements of the 2010 Colorado Code of Judicial Conduct. Based on unwarranted, unkind, demeaning, prejudicial personal swipes Judge Fay made toward me on the record (copy of applicable portion of transcript attached), as well as evidence by way of his comments and advisories that he failed to competently and logically comprehend and reason evidence presented, I contend that his conduct, comments and demeanor are at odds with and did not comport with in whole or part Rule 1.2, Rule 2.2, Rule 2.3, and Rule 2.8. Those rules and comments from the Code are noted at the conclusion of this complaint letter for your reference.”
“Applicable parts of the official hearing transcript of August 25, 2023 are cited in this letter. I enclose a portion of the official transcript as reference and corroboration. I contend that Judge Fay’s comments toward me reek of bias, prejudice, harassment and impertinence; highly suspect, berating remarks from the bench. They most certainly do not indicate judicial impartiality, diligence, competence or courtesy. It is important to note that my accusers offered no proof or corroboration for any of their many fantastical claims; much of what they alleged was proved to be materially false where such means were possible. Nonetheless, Judge Fay deemed it appropriate to scold me and cast doubt on my veracity while having not one word or admonition for my accusers – who perjured themselves throughout. None of my counters to their claims were proven false. That Judge Fay apparently remained convinced of my guilt is stunning; suggests a man who by inattention or inability was unable to separate fantastical fiction from fact.”
“What possible purpose would his derision serve? His comments point to an enfeebled, egotistical judge who somehow convinced himself that I was some sort of devious criminal mastermind who did the things alleged but somehow perfectly concealed any evidence. His frightening courtroom is a study in the absurd. His impertinent, discourteous, unfair, demeaning, undignified, intimidating, hostile comments are cruel and unwarranted; they come from a place of ignorance and arrogance. They call into question his objectivity and temperament, and suggest bias and prejudice. They indicate a compromised judge who lacks competent reasoning ability, and an utter lack of ability to stifle urge to inject comments wholly unnecessary with no bearing on official legal interpretation and judgement. The transcript reveals too that he failed to ask a single question throughout; likely just coasting along with his mind already made-up but then frustrated when there was not any evidence to support my accuser’s claims. In short, Judge Fay is an incompetent, bullying dictator shooting from the hip in a system already fraught with problems. Is this the sort of person that Colorado wants to represent the judiciary? Imagine a juror with that level of prejudice.”
I went on to detail now the hearing was the result of punitive and retaliatory actions by my neighbors that were grossly frivolous, groundless, and vexatious and explained the accusations against me similar to what I have here on this web site.
Phoned his office a month later to inquire about my complaint status. His assistant said, yes, letter received but processing of complaints was out some 8 to 10 weeks (that would put their response at around week of June 30th at the latest). She told me that their office would inform me of whatever action they will take against Judge Fay (if any). Although judicial reprimand is highly warranted, I was reluctant to believe that they would actually take action – given my suspicion that agencies such as this one are paper tigers lacking ambition and resolve; not equipped to investigate nuances, and afraid to make waves; just there mostly for show.
UPDATE: Acting Director Jeffrey M. Walsh send me a brief letter dated 18 July, 2024 that in essence said that because Judge Fay (or “Faye” as this inept public servant called him) found me not credible, this excused the total of Fay’s demeaning and critical comments about me. He also differed with my analysis of his agency stating that they had indeed conducted a thorough investigation. Here is exactly what Walsh stated: “…Judge Faye (sic) ruled in your favor in a contested TPO hearing, despite finding that you were not credible.” Further, Walsh states: “…judges are entitled to make credibility determinations related to witnesses, as Judge Faye (sic) did here. His comments about your credibility were evidentiary findings that, while you disagree with them, are not proper subject of an ethical evaluation.” Using analogy, Judge Fay said he had significant concerns about the seaworthiness of the boat. In selective distortion of fact, what Acting Director Walsh says Judge Fay said was that the boat was not seaworthy. These are completely different things. Proof though that Walsh and Fay are lackadaisical charlatans prone to connect dots that aren’t there. How in their boundless stupidity they eagerly signed their names to garbage is an embarrassment to other government employees who actually function competently and take pride in their work.
Walsh added that they would not investigate this matter further; case closed. A curious approach for a government office under scrutiny for failing to investigate complaints along with intrigue of unnatural repeat turn-over of directors in recent years. My take is another corrupt government agency that whitewashes and makes excuses instead of working for the benefit of the public. Fool’s gold.
My ‘brief but spectacular’ e-mail reply to the Commission:
To Whom It May Concern:
“Please tell Acting Director Walsh that I received report of the Commission’s investigation of Archuleta County Judge Justin P. Fay via his 18 July 2024 letter. Thank him for: 1) misspelling Judge Fay’s name; 2) selectively misrepresenting what Judge Fay said on the record; 3) inappropriately truncating the scope of my complaint about Judge Fay’s demeanor, remarks and behavior to make it just about whether or not Judge Fay found me credible – all excellent evidence of incompetence if not also lackadaisical effort. To see what I mean in greater detail, please visit: https://www.archuletacountycourts.com.”
Robert MacDonald
Their one-word reply: “Received.” Even after working in government and seeing exactly this first-hand, I refuse to believe that government agencies can be as inept as Acting Deputy Director Walsh’s reply seems to indicate. Instead, I tend toward suspicion given that the commission has gotten unwanted attention in recent years for grossly failing to investigate complaints – even more egregious given growing concern for tangible reform of judicial discipline. By the way, the Commission (directed by an attorney) is compiled of ten members – four from the pubic and six ‘club members’ – that is to say, 2 attorneys and 4 judges – and how do you think they are going to vote? My hunch is that my complaint was never fully and transparently investigated; their fall-back is probably to blow smoke hoping the complainant will give-up. Your guess is as good as mine.
Archuleta County Wall of Silence
4 March, 2024: contacted Commander Roxanne Lattin with the Archuleta County Sheriff’s Office via voice mail expressing concern regarding actions of her subordinate Deputy Jermal Ball. She responded and we e-mailed back and forth regarding Deputy Ball. She said she would investigate and get back to me. No further response as of yet. More than three months is plenty of time to respond to a concerned citizen, so rather than wait for nothing as she kicks the can down the road, I copied her on my 4-4-24 e-mail letter to Deputy Ball to see if that might get her to actually take notice; still nothing. She basically has three choices: do and say nothing; tell me that her deputy did everything right; or admit that her deputy was a numbskull. So it’s no wonder she hasn’t embarrassed herself by getting back to me. Attention Commander Lattin: When a member of the public brings concerns to you, don’t languish but instead act in a timely manner; forge goodwill instead of suspicion.
22 March, 2024: sent this letter to Judge Justin P. Fay expressing my disappointment with his lack of competence related to the August 25, 2023 Temporary Protection Order (TPO) hearing. No response. Not a surprise really, for the way he mocked me in court; a telling reflection of his insecurities.
Click here to open:
Send a copy of that same letter to Eric Hogue, Court Executive for Archuleta County asking him review with an eye on process improvement opportunity and to contact me. Not a word in reply. What a surprise.
4 April, 2024: e-mailed Deputy Jermal Ball 4-4-24 the following; my concerns and disappointments. No response.
Click here to open:
10 June, 2024, I copied Sheriff Mike Le Roux my e-mail chain to Deputy Ball and his invisible commander Roxanne Lattin and heard nothing. They don’t care; imposters loping-along pretending they know what they are doing. I reminded Le Roux (recent naturalized citizen from Australia) that his election opponent just a couple of years ago made a campaign promise to rid the county of the existing “Good ‘ole boy” network. He lost and Le Roux won. So much for change.
Senator Do-Nothing
August and September, 2024: Contacted the office of Colorado Senator Julie Gonzales. She is the chair of the Senate Judiciary Committee. Thought she’d like to know about shenanigans at the Colorado Commission on Judicial Discipline.
7 August, 2024: Phoned her office and left a voice mail asking for a good e-mail address for the Senator. No reply.
7 August, 2024: Found a good e-mail address for Senator Gonzales so sent her one with a brief summary; not a breathless account, just a heads-up. No reply.
12 August, 2024: Sent Senator Gonzales a letter outlining the same as my e-mail of 7 August. No reply.
24 August, 2024: Sent Senator a certified letter asking her to act on behalf of the public to address seeming defects at the Commission. No response; not even a return of the certified letter post card.
24 September, 2024: Sent Senator Gonzales the same letter as 24 August hoping for a response – as it seemed that the first certified letter got lost. Sometime later the USPS assured me that the first and then second certified letter had been delivered despite no tracking proof. They also advised that State and Federal building personnel in Denver habitually do not comply with USPS rules; vis a vi: failing to return official USPS Domestic Return Receipt PS Form 3811 (the green postcard for certified mail) to the sender as required. Yea for them; more evidence of government lazy, incompetence and arrogance. And still, not a word from Senator Gonzales.
Click images to view communications with Senator Gonzales:
Colorado Commission on Judicial Discipline – Round Two
October, 2024 – Contacted the Colorado Commission on Judicial Discipline with hopes of speaking to their new director. They have had a new one since July. I did so hoping she would respond to how Acting Director Jeffrey Walsh and his haphazard investigative team whitewashed my complaint about Judge Justin Patrick Fay.
October 15, 2024 – Phoned the Colorado Commission on Judicial Discipline office on a Tuesday at around 1:30 with hopes of speaking with their new director. After briefly explaining the purpose of my call, the woman who answered stated that Chair Anne Mangiardi was “…in a meeting all day” and invited me to instead e-mail Ms. Mangiardi at their general office mailbox as a preferred method of contact so it creates a written record. I complied; sent Ms. Mangiardi an e-mail, hoping for a response (see below). However a general office mailbox does not ensure confidentiality. See below for a transcript of that e-mail:
My e-mail and follow-up letter copy of the same was done on the outside chance she was really eager to make things right. Received a letter just shy of 10 days after my e-mail but what dread to actually read it because I assumed the worst; if my message had actually worked, she probably would have phoned to get the inside dope. But no, her letter basically stated that she adopted the work done before her – an inadvisable tactic but one she apparently felt comfortable with. She says that the judge’s “…statements include statements of law, legal rulings and factual findings.” Further: “It is a judge’s job to weigh evidence, including testimony by witnesses, and to evaluate that evidence. The statements on the record regarding Judge Fay’s evaluation of testimony are not basis for discipline.” I’ll remind the reader of what Judge Fay said of me after his ruling: “…his testimony and conduct seem to be egotistical and condescending, frankly somewhat bizarre and awkward and compulsive.” What if any of his statement is based on sound and applicable legal findings? None. So making snide, undignified, opinionated comments about the defendant’s character are permitted? Plus the commission ignores that despite zero evidence to support my accuser’s many claims in that hours-long farce of a hearing, in the end (just as he rose to go into chambers as court was adjourned) Judge Fay let loose his final salvo and cautioned not further engage in behaviors that put me in court to begin with. Based on what? His remarks reek of unfounded prejudice and bias if not also delusion. Given insular power, there should be no wonder that judges and juries steamroll the innocent with errant decisions. Thank God for DNA that has proven innocence of so many wrongly convicted but what of truth DNA? No such thing. Certainly, judges and juries can be derailed and encumbered by bias, ego, snap decisions and illogic; lose objectivity and so harm the reputation and lives of those at the mercy of their might.
Not convinced that the Commission on Judicial Discipline was objective and fair, let’s now use the 2010 Colorado Code of Judicial Conduct as our guide. Do Judge Fay’s comments promote confidence in the impartiality and fairness of the judiciary? Or do his comments create a reasonable perception that he is biased and/or prejudiced? Do his demeaning comments and irrelevant references to personal characteristics indicate a dignified demeanor? Do his expressed personal opinions about the defendant indicate a fair and courteous temperament? As with Mr. Walsh before her, in her response Ms. Mangiardi exhibits that classic and favored bureaucratic style of ignore, deflect, pretend and misdirect – right from the Doublespeak playbook. A sorcery skill that probably helped her land that job; remember she is an attorney. The lengths those in power will go to protect their own (be it lawyer or judge); it’s appalling and an embarrassment. My take given the heat at least one prior director took for actually trying to do their job and promote reform, is that political expediency and security of a paycheck takes priority over taking risk. And that folks, is pretty much how government operates when checks-and-balances are a myth.
Some history: Attorney Anne Mangiardi took the position of chair – taking over from Jeffrey Walsh – who in turn took over from Christopher Gregory, who was placed on leave in early 2024 following a tumultuous tenure. Some contend that his ouster was the result of his staunch posture on judicial discipline. The Commission on Judicial Discipline and its puppet-master the Colorado Supreme Court combined remain in headlines with alleged cover-ups, scandal of a pay-off scheme to buy silence, allegations of lack of competent investigation of complaints against judges and more. There are ballot measures purporting to make corrections but that remains to be seen. Even the FBI stepped-in to investigate. That’s just the tip of the tainted iceberg. Not exactly a confidence-building record.
In early October, Colorado Politics published their interview with new Colorado Commission on Judicial Discipline Director (AKA “Chair”) Anne Mangiardi – about her previous outsider perception of Commission performance and how that influenced her plan to review investigation procedure, offer judicial education, and so improve public confidence. She revealed that “… as an attorney practicing in Colorado, I was vaguely aware of the commission, but not a lot of detail.” Oh boy. Now imagine Ms. Mangiardi’s job interview. Question: What do you know about the Commission? Answer: Almost nothing. Pause….’You’re hired.’ When was the last time you interviewed for a position that you didn’t know beans about and won the job? Only in government, right? Assuming her tenure is more than a flash, why would anyone want that blot on their resume? Given a revolving door of directors, intriguing complications arising from their investigation of and the subsequent censure of now former Colorado Supreme Court Chief Justice Nathan B. Coates, it’s a wonder they can find anyone to lead the charge; they’ve stepped on too many toes. Consider that the Colorado Supreme Court and governor control appointments to the Commission panel; the deck is stacked; an unfortunate and classic case of hand-picked foxes guarding the henhouse.
Governor Polis, Please Help
15 October, 2024 – Phoned Colorado Senate Judiciary Committee Chair Senator Gonzales’ office and left a voice mail explaining that multiple attempts over months to get a response from her office had failed. No reply whatsoever. Their voice mail prompt states that calls to their office are important to them and they will respond shortly. Oh sure you do. With no response from Senator Gonzales and smoke from the Colorado Commission on Judicial Discipline, I took concerns higher, much higher.
23 October, 2024 – Communicated concerns to Colorado Governor Jared Polis’ office. Let’s see what happens. Click on image below to open letter to Governor Polis.
1 November, 2024 – Left a voice mail for the governor’s office asking if they had received my 23 October e-mail and letter of that same date and whether they intended to respond or investigate. Silence followed.
Reality Check
Weeks passed with no response from the Governor’s office. Not a peep. I imagine that his office, as with Senator Gonzales and the Commission on Judicial Discipline make a cursory review of expressed concerns, phone each other, yuck it up, willingly get fed mollifying garbage, renew their pledge to protect the club, and end the call with a ‘sorry to bother you.’ They are all in on the ruse. Nothing changes. This suggests a highly irregular and compromised system that buries evidence of irregularities. Their silence makes them complicit. Relationships advance when there is honest and timely communication. Without it, trust and respect cannot be. Evidence suggests either by intent or happenstance an egregious, corrupt, criminal enterprise to conceal truth, fabricate excuses, and protect membership; a conspiracy of collusion. The levels and intrigue are notable; seems to prove existence of a ‘Good “Ole Boy’ network. This certainly is a whopper. Consider that the governor’s office appoints judges and has a hand in approving members of the Commission on Judicial Discipline. My reserved optimism fades to disgust. This is your crooked government – here to serve itself and ignore us.
You all had your chance and blew it so now the stink is on you. Dishonorable mention for their silence, inaction and/or dereliction of duty:
- The office of Governor Jared Polis
- Colorado State Senator Julie Gonzales
- Colorado Commission on Judicial Discipline (former) Acting Director Jeffrey Walsh
- Colorado Commission on Judicial Discipline Director Anne Mangiardi
- Eric Hogue, Court Executive for Archuleta County
- Archuleta County Sheriff’s Office
How ironic that the very establishment that expects if not demands accuracy, honesty and forthright communication from us in a courtroom can get away with subterfuge and silence.
The Usual Suspects
When people in authority/public servants don’t communicate at all or with transparency, that’s a fair indicator of club member arrogance if not fear of being found-out; shameful. Evidence seems to prove the old adage ‘Integrity is like oxygen – the higher you go the less there is of it.’ If you are not part of the solution, then you are part of the problem. Put another way, if you are not working for us and with us, then you are against us – and rightly no ally of the people.
If government employees can fail me, they certainly can fail you. Their actions are notably outside bounds of proper and respectful behavior. The million-dollar-question is: At what point does incompetence become negligence? Lack of follow-up from the parties is not a surprise; disappointing and supporting evidence of a lack of accountability. They are part of the problem, not answer. The characters (call them The Usual Suspects) in this disturbing situation act with impunity; racketeers in a corrupt system that prefers to take care of its own before serving the public good. I am afraid for us; for what I have uncovered. More and more our government has the appearance of a ‘Demockery.’ Their combined, compounded malfunction has notably lessened my feelings for government; for their appalling degree of arrogance, stupidity and incompetence. This all seems to fit my educated impression that government too often serves as a hiding place for the lazy and/or incompetent, a feeding trough for the greedy or crooked, and a hall of mirrors for the vain and self-important.
Public opinion of government is at an all-time low. No wonder; lack of trustworthy service and leadership is to blame. As Ronald Regan said during a press conference in 1986, “The nine most terrifying words in the English language are ‘I’m from the government and I’m here to help.’” In my lifetime I have seen a gradual and disturbing decline of reliable service in government and business. This must change, for if it doesn’t then damage to America will be irreparable. The fix will come not from within troubled and broken systems and institutions but from without – from people like you and me demanding better.
Fear and Loathing in Archuleta County
I give-up; too many dominoes have fallen. I can’t compete with (or tolerate) stupid, incompetent and crazy. Between nutso neighbors, unreliable law enforcement and a hick judge, plus a slew of other nincompoop government officials, time to leave this backwater. So it’s back to the city for me. Yet I’ll keep dogging the fools here that made life miserable; it’s what I do. Stay tuned. Meanwhile, oh, the depressing insanity of it all.
Rogue’s Gallery
Here’s a new tidbit. Days before my house was listed for sale, my realtor had their photographer/videographer here. As is commonly done now, he flew a video drone (he’s a licensed drone pilot) over the property. When he came back into the house, he asked what was up with my neighbor. He said she (Patrice the Crazy) was peaking around my privacy fence taking furtive video or photos of him with her phone while he was doing his job (on my property). Snooping yet again are we? He said he kindly introduced himself, and got a stern look in return. I didn’t really tell him what was up. Where would I even start? I imagine that she thought I’d enlisted a spy drone or maybe he was operating a Skynet bird-killing drone. So good job Pavis, documenting! By the way, again, where was her camera when all the purported bird poisoning, luring, shooting and killing was reportedly taking place?