From the April 2006 Idaho Observer:
Judicial immunity writ reaches Supreme Court
LAS VEGAS—Nevada attorney James Wray docketed a Petition for a Writ of Certiorari, specifically asking the U.S. Supreme Court to visit the topic of absolute judicial immunity, which allows judges to evade lawsuits even when their actions are intentionally and deliberately malicious, fraudulent and corrupt.
Wray is hopeful that the petition, Wray v. Johnson (#05-1197), will spur the Supreme Court to overrule the doctrine of total judicial immunity. Petitions for writ of certiorari are issued by a superior court to one of inferior jurisdiction to obtain and review the record of a particular case.
"While the U.S. Supreme Court is not required to hear any such case presented to it, and because they grant only a very small portion of such petitions, we’re hopeful that a national outpouring of letters from the public to support this petition might encourage the court to hear the matter," Juli T. Star-Alexander, executive director of Redress, Inc, said.
Redress, Inc., is a not-for-profit advocacy for those harmed by a legal system that Star-Alexander describes as "out of control."
The number of legal reform groups, such as Redress, has grown tremendously due to corrupt and biased judges, contends Star-Alexander. And, she believes, that currently citizens have no means to attain justice when victimized by such judges, adding that judicial discipline commissions are not the answer because they seldom discipline judges who abuse their authority.
"Without honest and impartial judges, nobody’s property or person is safe and, indeed no document, even the Constitution itself, is enforceable. U.S. Supreme Court Justice Kennedy said it best, "...the law makes a promise. The promise is neutrality. If that promise is broken, the law ceases to exist. All that’s left is the dictate of a tyrant, or a mob," Wray commented.
To get a copy of the Wray v. Johnson petition for writ, as well as suggested letters to the U.S. Supreme Court encouraging it to grant the petition, send an e-mail request to firstname.lastname@example.org. Star-Alexander has already distributed the information to hundreds of groups and individuals nationwide and encourages all to forward the information to others who may be willing to participate in this endeavor.
Star-Alexander says, "Time is of the essence, because the U.S. Supreme Court has historically dealt swiftly with such petitions, quickly granting or denying them. Therefore, we encourage everyone to send in their letters as quickly as possible."
For more information, call Juli T. Star-Alexander at
702-597-2982 or email her at email@example.com
The human side of this judicial immunity challenge
James Wray (59) and his brother David (58) were the sons of Mary Sibley and the primary beneficiaries of their mother’s trust—worth an estimated $3 million when she died in 1991. Though the trust’s instructions were specific and not to be altered after her death, her widower Hoyt Sibley made several amendments to the trust, leaving the bulk of the estate to his grandnephew Scott Sibley, who is now a Nevada State Assemblyman from Henderson and an employee of Nevada Legal News—a public record publishing business founded by Mary and Hoyt Sibley in 1960. It is well-connected to corporate, legal and legislative circles in Nevada.
Hoyt died two days after the Wrays discovered they had been completely disinherited.
Scott Sibley said that his father left the inheritance to him to make sure the Nevada Legal News survived him. The amendments were made by successor trustee attorneys Charles and David Johnson who claim Hoyt had the legal right to do so per the conditions of the trust and estate.
James Wray, an attorney, has been litigating the case for years but cannot seem to get anywhere because he comes up against high-powered law firms and judges who favor the high-powered attorneys over individuals, evidence and justice.
James said that he is not really a whiner by nature, but has taken this to the U.S. Supreme Court because, "If this can be done to us, no one’s property is safe."
Questions for the Supreme Court:
Petitioner’s Trust was stolen. He timely filed a restitution, etc. action. Nevada Courts refused to acknowledge the existence of the restitution claim and dismissed the action as untimely. Petitioner then timely filed a probate petition to recover the Trust. Nevada courts ruled the petition was untimely. Nevada courts concocted their rulings by, blatantly:
1. Misstating the facts;
2. Refusing to address the relevant issues; and,
3. Refusing to apply the applicable law
the question presented is:
Whether citizens are denied their right to due process and equal protection, as guaranteed by §1of the 14th Amendment to the U.S. Constitution, when justices of a highest state court intentionally: misstate the facts; refuse to address the relevant issues; and refuse to apply the applicable law; thereby causing the citizens to lose their cases and property.
Whether the United States Supreme Court should recognize an exception to absolute judicial immunity from suits for damages, when it is undisputed that justices of a state’s highest court have: fabricated fraudulent facts; dismissed cases based upon those fraudulent facts; and refused to correct the fraud after being requested to do so.
Whether the Supreme Court should recognize an exception to the Rooker-Feldman doctrine to allow a lower federal court to review state court decisions pursuant to 42 U.S.C. §1983, when it is undisputed that the highest court of a state has fabricated fraudulent facts and dismissed cases based upon those fraudulent facts, thereby depriving citizens of federal constitutional rights under color of state law.
Sample/model certified letter for the U.S. Supreme Court
Supreme Court of the United States CERTIFIED MAIL
One First Street, N.E.
Washington, DC 20543
RE: PETITION FOR WRIT OF CERTIORARI,
WRAY V. JOHNSON, #05-1197
To the Justices of the United States Supreme Court:
I agree with the statement of Justice Kennedy that "... The law makes a promise. The promise is neutrality. If that promise is broken, the law ceases to exist. All that’s left is the dictate of a tyrant, or a mob."
~Quoted in Dababnah v. West Virginia Bd. Of Medicine, 47
F.Supp.2d 734, 749 (S.D.W.Va. 1999)
Please grant the Petition for Writ of Certiorari #05-1197, captioned above and encourage judicial accountability by:
1. Recognizing an exception to absolute judicial immunity from suits for damages when it is undisputed that justices of a state’s highest court have fabricated fraudulent facts, dismissed a case based upon those fraudulent facts, and refused to correct the fraud after being requested to do so, and
2. Allowing a lower federal court to review state court decisions pursuant to 42 U.S.C. § 1983 when it is undisputed that the highest court of a state has fabricated fraudulent facts and dismissed a case based upon those fraudulent facts, thereby depriving citizens of their 14th Amendment right to due process.
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