Showing posts with label discrimination. Show all posts
Showing posts with label discrimination. Show all posts

Tuesday, January 31, 2023

Chapter 3. Judge Joseph Ellis States Corrupt Court Officials Must Be Protected

Judge Ellis Final Order Protects Corrupt Court Officers and Judges

February 1, 2023. Author- Brace Impact

      On January 13, 2023, Judge Joseph Ellis issued his Memorandum Opinion and Order in four complaints filed in the Henrico County Circuit Court, dismissing the complaints and imposing an injunction on Nickolas Spanos from filing any further ethics complaints exposing corruption in the Commonwealth of Virginia.

     The complaints against corrupt court officials filed by Spanos were supported by hundreds of pages of evidence which included FBI reports, court documents, emails of court clerks stating that records and filings were tampered with, tampered court records sent to the Court of Appeals, Judge’s false statements, and numerous other documents that the defendants had accepted bribes in exchange for financial and political favors.

      The Memorandum Opinion was unethically written for Judge Ellis by McGuireWoods Counsel Brandon Santos, the attorney for Defendants Richard Cullen, James Comey, Howard Vick, William Birch Douglass III, and William Hutchens, who were previous attorneys with McGuireWoods law firm in Richmond, Virginia.

     The five McGuireWoods attorneys were accused of supporting and promoting a "White Nationalism Doctrine" along with seven co-defendants that gave special legal protection and treatment to the white, affluent middle to upper-class professionals who were clients attorneys of McGuireWoods law firm that were involved in a 600-kilo cocaine organization. As a result, the white, affluent professionals were protected from being investigated and charged for their role in the 600-kilo cocaine organization.

    The Plaintiff, Nickolas Spanos, had submitted evidence of FBI reports, court documents, and other evidence that exposed the McGuireWoods Shadow Government headed by Richard Cullen. Additionally, the complainant gave evidence that Richard Cullen had bribed several Henrico County Commonwealth Attorneys, Judges, U.S. Attorneys, and other court officials to obstruct justice in the Spanos cocaine case. 

    Spanos filed a Motion for Judge Joseph Ellis to Recuse Himself from hearing any of the ethics complaints. The Motion gave evidence of Judge Ellis's close financial relationship with McGuireWoods law firm, Richard Cullen, and having ex parte communications with Brandon Santos. Judge Joseph Ellis who works as a mediator for Juridical Solutions has a financial conflict of interest as McGuireWoods law firm is a client of Juridical Solutions, which Judge Ellis mediated litigation for McGuireWoods. Judge Joseph Ellis is paid $400 per hour for his mediation service and the average mediation is 30-50 hours. See link below:

https://juridicalsolutions.com/professionals/hon-joseph-j-ellis-ret-juridical-solutions-mediation-arbitration/

   Judge Ellis was ethically obligated to rule on the Motion to Recuse himself before presiding over the hearing, Judge Ellis refused to rule on the Motion to Recuse Himself and conducted the ethics complaint hearings which violated numerous judicial canons of Virginia. 

   The Memorandum Opinion and Order written for Judge Ellis by McGuireWoods defense counsel Brandon Santos has given evidence of judicial misconduct by Judge Ellis which Judge Ellis and Brandon Santos had ex parte communications on the details of the Memorandum Opinion and Order that Brandon Santos drafted for Judge Ellis to sign. The Memorandum Opinion and Order was signed at the end of the January 13, 2023, hearing, giving further evidence that ex parte communications took place between Judge Ellis and Brandon Santos.

    Despite Judge Ellis issuing an order on September 19, 2022, dismissing the four complaints filed by Spanos, Judge Ellis suspended the order to unethically allow McGuireWoods Brandon Santos to file a Pre-Filing Injunction on October 5, 2022. The Pre-Filing Injunction ordered Spanos not to file further ethics complaints in the Commonwealth of Virginia. Yet, each Virginia circuit court has jurisdiction over filings submitted to it and other courts cannot prohibit any court filing. 

    The Memorandum Opinion and Order contradicts itself throughout the Final Order and gives evidence of further corruption of judges, which states in part:

    "Upon consideration of the Motion, briefs, and presentations at oral argument, the Court determines that a pre-filing injunction is merited. In determining whether a pre-filing injunction is substantively warranted, a court must weigh all the relevant circumstances, including (1) the party's history of litigation, in particular, whether he has filed vexatious, harassing, or duplicative lawsuits; (2) whether the party had a good faith basis for pursuing the litigation or simply intended to harass; (3) the extent of the burden on the courts and other parties resulting from the party's filings; and (4) the adequacy of alternative sanctions."

How can Judge Ellis rule on the Pre-Filing Injunction which he had ruled that the Court has no jurisdiction to hear the matter further. McGuireWoods did not file a separate Motion for Injunction but filed the Pre-Filing Injunction after Judge Ellis issued an order stating that the Court did not have jurisdiction in this matter and no further rulings were necessary.      

  "First, in addition to the above-captioned cases, the Plaintiff’s history of litigation shows he has filed many duplicative, vexatious lawsuits generally alleging "ethics complaints" against various attorneys and judges in the central Virginia region."

   "Second, and to this end, Plaintiff’s "ethics complaint[s]" in these cases are intended to harass. As noted above, Plaintiff has repeatedly asserted this cause of action in circuit courts of the Commonwealth, and not once has he been successful. That is for good reason, as authorities in Virginia have long held that the Code does not afford Plaintiff standing to bring an ethics complaint in this Court."

The Plaintiff proved that he met the requirements to have standing in filing complaints against attorneys who harmed him and others by their actions and provided hundreds of pages of evidence to support his allegations. 

The Defendants in their Demurrers and Plea in Bar never denied the allegations and failed to defend themselves, only stating that their misconduct was protected by judicial and prosecutorial immunity.

     "Third, the burden on this Court and Defendants has been significant. Plaintiff’s Complaints in the above-captioned matters required the recusal of all sitting judges in the Henrico County Circuit Court. And, as noted above, Plaintiff has filed multiple suits in multiple jurisdictions across central Virginia, none of which have succeeded. Plaintiff has also extended the burden of his various baseless claims into appellate courts, where he is currently pursuing seven appeals at the state and federal level relating to the above-referenced "ethics complaints" filed in Henrico, Richmond, and Louisa. See Spanos v. Gibney, Case No. 22-2246 (4th Cir.) (removed from Spanos v. Gibney, CL 22-2249 (Henrico)); Spanos v. Vick, et al., CAV Record No. 1558-22-2; Spanos v. Vick, CAV Record No. 1554-22-2; Spanos v. Douglass & Hutchins, CAV Record No. 1553-22-2; Spanos v. Freed, et al., CAV Record No. 0706-22-2; Spanos v. Feinmel, CAV Record No. 0140-2202; Spanos v. Taylor; CAV Record No. 0139-22-2."

The Plaintiff has the right to petition the courts under the Fourteenth Amendment of the U.S. Constitution and has filed his complaints according to Virginia Statutes concerning the discipline of attorneys who violate the rules of the Virginia Code of Professional Conduct.

Even the Virginia State Bar's Deputy Intake Officer Jane Fletcher stated to Spanos through numerous letters supporting the Plaintiff's right to take civil action against attorneys who acted unethically and the Virginia Courts had jurisdiction to discipline attorneys. 

     "To this end, Plaintiff argues in his "Objections to the Defendants Pre-Filing Injunction" that his appeals of the above-captioned cases divested this Court of jurisdiction to hear the Motion. But this Court-in accordance with Rule 1: 1 of the Rules of the Supreme Court of Virginia-clearly suspended the order dismissing his Complaints with prejudice so that it would retain jurisdiction to hear the Motion. In this respect, the Plaintiff’s attempt to wield his appellate filings as a shield against the Motion further demonstrates the undue burden he has imposed on the judicial system."

How can Judge Ellis rule in his Final Order that the Court does not have jurisdiction to hear this matter, yet Judge Ellis rules on the Pre-Filing Injunction which is part of the matter and was filed after he issued his final order, even stating; "Given this ruling, it is not necessary for the Court to rule on other motions and defenses filed by Defendants to Plaintiff s Complaint.”

   "Finally, this Court has an obligation to protect the Court, its staff, the Defendants, and future defendants, from the harassment and expense of unfounded litigation, and to preserve valuable judicial resources. For these reasons, imposing a pre-filing injunction is an appropriate sanction under this case and the many similar cases Plaintiff has filed across the Commonwealth."

No, the Court has an obligation to serve and protect the public first and foremost, to insure that justice is served and to report unethical misconduct by attorneys and judges. The Court is obligated to follow the U.S. Constitution, Judicial Canons of Virginia, Virginia Statutes, and the SCV Rules of Court. Its obligation is not to protect the McGuireWoods shadow government that has created a criminal syndicate in the Virginia Judicial system.  

"It is therefore ORDERED, ADJUDGED, and DECREED that Plaintiff is enjoined from any further filings in this Court, or in any other court in the Commonwealth of Virginia without first obtaining leave from this Court. As a part of any motion for leave to file any such pleading or filing, Plaintiff must attach a copy of this Memorandum Opinion & Order and a detailed written statement explaining why such pleading or filing is materially different from the "Ethics Complaints" filed against the Defendants in the above-captioned actions."

Judge Ellis has violated his own Final Order, how can he order the Plaintiff not file further ethics complaints when he has ruled that the Court has no jurisdiction in this matter?  

Judge Ellis contradicts his own order, as he is stating that the "Plaintiff is enjoined from any further filings in this Court, or in any other court in the Commonwealth of Virginia without first obtaining leave from this Court", Judge Ellis is giving a clear message that Virginia Courts have jurisdiction to hear ethics complaints against attorney unethical misconduct, otherwise Judge Ellis would have stated that the Plaintiff is enjoined from filing any further ethics complaints in Virginia Courts as they do not have jurisdiction to hear these matters.

A footnote at the end of the order ironically states that Judge Ellis's Final Order is without standing:

    "This Court does not restrict whether another court of this Commonwealth can accept filings from Plaintiff, only that Plaintiff will face contempt in this Court for failure to comply with this Memorandum Opinion & Order or the accompanying court orders." 

    Judge Ellis is threatening Spanos with contempt of court, knowing that Spanos has 13 outstanding indictments for the distribution of cocaine and was publicly accused by the Henrico Commonwealth Attorneys’ office for being the "hub of a 600-kilo cocaine organization that operated in the Richmond, Virginia area for over ten years". The basis of the Complaints filed by Spanos is that numerous DOJ and court officials accepted bribes to refuse the extradition and prosecution of Spanos to prevent him from testifying against white, affluent McGuireWoods attorneys and clients.


Saturday, November 4, 2017

A Va. State Bar $9.7 million Client Protection slush fund.

Who is the VSB protecting? Not the public!

November 03, 2017

Virginia State Bar Clients’ Protection Fund Board Awarded $38,168.33

The Virginia State Bar Clients’ Protection Fund Board awarded $38,168.33 in reimbursement to former clients of eleven Virginia attorneys at its most recent meeting on September 15, 2017.
Docket Number
Respondent’s Name
Address of Record
Amount Paid
Type of Case
16-555-003052
Stephen Joseph Fisher
(Deceased)
Leesburg, VA
$1,800.00
Unearned fees/ Bankruptcy
17-555-003092
Tony Michael Hutchinson
Norton, VA
$   500.00
Unearned fees/ Bankruptcy
17-555-003097
John Arthur Sutherland, Jr.
Fairfax, VA
$7,333.33
Conversion-Theft/Personal Injury, Property Damage
17-555-003099
Jean Jerome Dandy Ngando Ekwalla
Woodbridge, VA
$1,600.00
Unearned fees/Bankruptcy
17-555-003107
Nnika Evangeline White
Richmond, VA
$   500.00
Unearned fees/Family Law
17-555-003112
Nnika Evangeline White
Richmond, VA
$1,150.00
Unearned fees/Bankruptcy
17-555-003113
John Fredrick McGarvey
Glen Allen, VA
$2,550.00
Unearned fees/Criminal Law
17-555-003115
Jean Jerome Dandy Ngando Ekwalla
Woodbridge, VA
$2,850.00
Unearned fees/Consumer Credit
17-555-003116
John Fredrick McGarvey
Glen Allen, VA
$2,900.00
Unearned fees/Criminal Law
17-555-003117
Kimberly Lisa Marshall
Poolesville, MD
$6,500.00
Unearned fees/Family Law
17-555-003118
Sara Elizabeth Chase
Henrico, VA
$1,000.00
Unearned fees/Family Law
17-555-003119
Michael Alan Bishop
(Deceased)
Meadowview, VA
$7,500.00
Unearned fees/ Real Estate
17-555-003120
Michael Alan Ward
Fairfax, VA
$1,985.00
Unearned fees/Family Law

The Virginia State Bar Clients’ Protection Fund was created by the Supreme Court of Virginia in 1976 to reimburse persons who suffer a financial loss because of dishonest conduct by a Virginia lawyer.  Awards from the Clients’ Protection Fund are discretionary and are not a matter of right.  The fund is not taxpayer funded, but is funded by Virginia lawyers who are assessed an annual fee of up to $25. For more information on the fund, go to https://www.vsb.org/site/public/clients-protection-fund.
If you have any questions, you may contact Vivian R. Byrd, Administrator to Clients’ Protection Fund, at (804) 775-0572 or e-mail cpf@vsb.org
Updated: Nov 03, 2017




COMMENTS:

$9.7 Million Dollar Surplus in VSB Client Protection Fund

This post by the Virginia State Bar is deliberately misleading & intended to convince the Public & Virginia attorneys that the VSB is protecting the Public by paying out $38,168.33 to clients of eleven (11) attorneys.

Do the math:  

This is an average of $3,470.00 per client.

The VSB has a $9.7 Million+ Surplus (Slush Fund) under the control of the Virginia State Bar Clients' Protection Fund Board.

The VSB is not protecting the Public through the VSB Clients' Protection Fund any more than the VSB peotects the Public through its skewed VSB Disciplinary System.

The VSB is also continuing to collect $25 from every lawyer every year who pays dues to build up this Slush Fund for the VSB while  denying the majority of claims filed by clients who have suffered financial losses.

So much for the VSB Client Protection Fund protecting the Public & the Bar's dues paying members.

In 1995, the Virginia General Assembly (JLARC) Instructed the VSB to lower its dues.


The VSB has defied the Virginia General Assembly for 22 years.

Will the VSB explain this $9 Million Dollar Surplus to the Public & all Virginia dues paying attorneys?

No.

COMMENT


Verification of Virginia State Bar Client Protection Fund Data for Comments Posted Above:



Friday, November 3, 2017

Virginia State Bar Only Suspends, Revokes & Imposes Public Discipline on Solos, Small-Firm, Minority & Female Attorneys Who are Not Well-Connected

Virginia attorneys need to unite to reform the Virginia State Bar Disciplinary System



VSB Only Suspends, Revokes & Imposes Public Discipline on Solos, Small-Firm, Minority & Female Attorneys Who are Not Well-Connected

Virginia attorneys need to unite to reform the Virginia State Bar Disciplinary System through the Virginia General Assembly. 

The VSB Disciplinary System must be modified to be  fair for all lawyers & to end the VSB's targeting of only solos, small firm members, minorities & women for Public Discipline, Suspensions and Disbarment.

Big-Firm and Well-Connected attorneys have NOT received any Suspensions,  Disbarments, Public Discipline in over 27 years.

As Virginia lawyers we can stop this targeting & deliberate malfeasance of the VSB by asking our General Assembly to remove the VSB Disciplinary from the control of the elected VSB Council and VSB Trade Association of the unified VSB.

Most States have already removed the Disciplinary Section from political control.

Since well before 1995, Virginia has moved in the opposite direction despite the last  1995 JLARC AUDIT REPORT of 27 yrs ago. http://jlarc.virginia.gov/reports.asp

We need to prevent the VSB from targeting certain these classes of lawyers & from protecting Big-Firms & Well-Connected  attorneys.



Help convince the Virginia General Assembly to act to protect all of us, not just some