How to File a Complaint… The Fatal Shot Heard Round the World (part 1)

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How to File a Complaint… The Fatal Shot Heard Round the World (part 1)

by Impeach Judge Randy Kennedy

[This post was originally the body of an email intended for Nancy Amons, WSMV, Channel 4, who had requested of me to keep her informed as to communications between David J. Callahan, III, GAL (Guardian Ad Litem) the Conservatorship of Robert Thurman; in the event this information never "makes it to press" this is the message that could and should be the probate court's fatal wound "heard round the world". Please follow carefully the ultimate strategy laid out. It will be a series within the ongoing series "How to file a Complain Against a Judge and an Attorney", but I will summarize, at the end of this "series within a series", how this strategy could radically change our legal system IF "we, the people" use the recourse availed to us, but kept secret by the legal system]

As represented by the Rules of Professional Conduct for the State of Tennessee (the rules that attorneys MUST abide by), it is an attorney's duty to report any violation of the rules, that have not been corrected, to the Board of Professional Responsibility; also, any violation of the Judicial Code of Ethics (the rules judge's MUST play by) that is not corrected by the Judge, the attorney(s) must report the ethics violation to the Tennessee Court of the Judiciary.

Now here's the zinger and the power "we, the people" possess but are kept in the dark: If the attorney, with knowledge of, DOES NOT report the violation of The Rules of Professional Conduct or the Judicial Code of Ethics, WE, as observers, have the right to file a complaint against the attorney who has not reported the violation as well as the attorney(s) who committed the original violations. In other words, if the attorney witnessing the violation does not report (file a complaint, charges, etc.), he becomes, in fact, an accessory (co-conspirator) to the breaking of the rules of violation of ethics (if the BPR does their job and takes appropriate action according to the rules and their standard of discipline).

ARE YOU GETTING WHAT THIS MEANS?

If you, as an observer and citizen of the United States, witness or are made aware, and can prove unethical and/or illegal conduct on the part of an attorney or judge, and if the attorney(s) involved in the matter have not corrected the error/breach/rule-breaking, then you, as an observer (you don't even have to be involved in the case or "have a dog in the fight") can report the violation to the appropriate governing body, including the attorney(s) who have failed in reporting the misconduct.

Here is the link to The Rules of Professional Conduct (these may vary from jurisdiction to jurisdiction, but the fundamentals are usually the same):

http://www.tba.org/ethics/rules_book/

Study these rules so that you can substantiate the allegations in your complaint against an attorney; and, with a knowledge to recognize when a rule is being broken. Trust me, these rules are broken routinely, and if you are relying on your attorney to report them, then you are, more often than not, out of luck.

Nashville, especially, is a legal system that thrives on cronyism and "honor among thieves". Rarely will attorneys report a breach of rules with the Board of Professional Responsibility. If they did, and this can be applied to the legal system in any jurisdiction, we would have a much cleaner ship. As they should and don't report, an attorney stands in violation.

If this REQUIREMENT was applied in Judge Randy Kennedy's court, not only would every practicing attorney in that court, as well as the court itself, be disbarred or at least sanctioned/disciplined, Kennedy would and should be impeached and imprisoned, as well as the probate practitioners in his court. I've got the allegations and evidence to substantiate. Our COJ and Board of Professional Responsibility suffer from cronyism and colleague protection charged with the duty meant to govern and discipline; without exception, bias, or relation, etc. ad infinitum.

It's unfortunate that I'm having to use David Callahan, III, Guardian Ad Litem in The Conservatorship of Robert Thurman, as an example, but the volume and nature of the violations and crimes committed in this conservatorship are so egregious (and it's the same cast of characters from my conservatorship), and the fact that the appropriate complaints and charges have not been filed (according to my knowledge and as the email communications accessed below should represent), it's a matter of moral and legal imperative to expose this man and this matter.

Paul Housch, attorney representing Robert Thurman in his mother's estate case and the attorney who filed the Petition for Conservatorship in the Robert Thurman matter (huh? we will get to that little Kennedy/Housch boo-boo/conspiracy later on), along with partner John Clemmons, is the more deserving of this action, but Mr. Callahan is responsible for reporting Housch and his violations; and this is the "legal theory in fact" we are testing.

Further more, and in fact, it all falls at the feet of Judge Kennedy who is charged with executing his duties to oversee his court and protect us from the very crimes he is facilitating, at the least, and co-conspiring, as the evidence will substantiate.

In defense of Mr. Callahan, III, he strikes me as a humble and courteous young man, but has fallen in with the wrong practitioners. He interned in Kennedy's court and went to Nashville School of Law. Need I say more?

Here's black letter law to further substantiate my claim in this posting; and, if applied in Kennedy's court, this law is broken routinely, not only by the court, but by its practitioners.

ACTION FOR NEGLECT TO PREVENT

Starting here is where I've attempted to put Mr. Callahan on notice not only of the egregious violations and crimes in the Conservatorship of Robert Thurman, but his legal duty to report the violations and crimes; or be considered an accessory to the fact (participant in the violations and crimes). The truth is, Mr. Callahan aided in this looting of Robert Thurman's estate from the beginning by not fulfilling his duty as Guardian ad Litem. The duty of the Guardian ad Litem is presented at this link:

http://harrislawoffice.com/content/areas_of_practice/conservatorship.htm

(scroll down for an easy to understand description of the duties of the guardian ad litem; failure to effectively perform in the best interests of the respondent /alleged disabled is addressed in the TN Code Conservatorships and in The Rules of Professional Conduct). Below is the link to Michie's Law Tennessee Code where you will find the Conservatorship Code for Tennessee:

http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode

As readers, you will have the opportunity to watch this play out day-to-day. Isn't this exciting? And it should prove whether my theory in law and the practice thereof is correct. If so, you will be witnessing in real-time what should, or could be if we all applied it, be the beginning of a revolution within our legal system.

I have no desire to libel or ruin Mr. Callahan, for I sincerely perceive him as a fine young man who has crawled in bed with illegal practitioners of the law and is caught between a rock and a hard place. He must be asking himself, "Do I do what the law and Rules of Professional Conduct require of me? Or do I continue in protecting my colleagues and the court, though I know they have broken the rules and committed crimes?"

My credibility is paramount to my efforts and the life I've lived; and the "cause" of probate reform; reform within our judiciary; reform within our legal system; or the statement that motivates me, "the greater good".

But I'm covering myself by saying this: I'm not an attorney, nor am I bound to The Rules of Professional Conduct; I am an observer and citizen of the United States of America, and as such should have the authority to make this claim. If I am incorrect, I am more than willing to admit it. Let's all watch together.

Below is a link that will pop-up my email communications with Mr. Callahan to date. I have an email prepared to send him, as I write, that will apply the "theory", or the "strategy", I've been attempting to formulate and apply. Let's watch it play out in real-time.

Email exchange between Danny Tate and David Callahan, III

I have a more potent email I've sent to Mr. Callahan stating the charges and demand to correct. This is where you get to participate almost "real-time", but actually a day behind. As you read in the one email response from Mr. Callahan, he declares he doesn't "appreciate the threats". Now this is hilarious because all I'm suggesting is that he play by the rules and law he is charged to represent in the oath he took to become a licensed lawyer. But, in fact, it is a threat to him if he hasn't played by the rules. In my latest email to Mr.Callahan, I demand he play by he rules. Let's see if he complies or if he provides me with knowledge that proves me wrong.

By the way, Mr. Callahan's web sites have already disappeared from the WWW. Hmm, just since we started our email exchange. This is where I would have stripped his picture and posted it as the featured image. Good move, but it suggests guilt.

Again, in this case, it all falls at the feet of Judge Randy Kennedy, but relying on the Tennessee Court of the Judiciary to effectively govern judges has proven frustrating, at the least, and apparently an exercise in futility.

Kennedy will now feel the fury of a father he has kept from his children and that will not go away quietly. He has created his own Frankenstein who is rising up to crush the very one who, by illegal and egregious methods, continues to conspire the ruin of his own creation.

You are now in my court, Judge Kennedy, the court of public opinion, but I pray the day comes I face you in a real court; a court where truth and justice prevail; a court that simply follows the rules; a court where you, Randy Kennedy, will be on trial.

If I'm wrong, what have I got to lose? Judge Kennedy already facilitated the almost complete looting of my estate and adjudicated me a "pauper".

Keep the faith and keep your eye on this blog.
 
Please read complete article at link below:
 
https://mail.google.com/mail/#inbox/132f5cba2ad1d97c
 
 
Special rules for Illinois and editor's note:
 
RULE 8.3. Reporting Professional Misconduct


(a) A lawyer possessing knowledge not otherwise protected as a confidence by these Rules or by law that another lawyer has committed a violation of Rule 8.4(a)(3) or (a)(4) shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation.

(b) A lawyer possessing knowledge not otherwise protected as a confidence by these Rules or by law that a judge has committed a violation of the Code of Judicial Conduct which raises a question as to the judge's fitness for office shall inform the appropriate authority.

(c) Upon proper request of a tribunal or other authority empowered to investigate or act upon the conduct of lawyers or judges, a lawyer possessing information not otherwise protected as a confidence by these Rules or by law concerning another lawyer or a judge shall reveal fully such information.

(d) A lawyer who has been disciplined as a result of a lawyer disciplinary action brought before any body other than the Illinois Attorney Registration and Disciplinary Commission shall report that fact to the Commission.

Which basically means that every attorney in Judge K's courtroom that witnessed her Judicial misconduct and DID NOT report it, is just as guilty as she is!