Sedona AZ (November 29, 2015) – The following is a letter to the SedonaEye.com editor:
Complaint Filed Against Judges in “Smart” Meter Case
Information and Perspective by Warren Woodward
Sedona, Arizona
Yesterday I filed a complaint with the Arizona Commission on Judicial Conduct against the judges in my “smart” meter case.
It was wrong for Judge Crane McClennen to do the work of the Defendants (the Arizona Corporation Commission and the five ACC commissioners) by asking to me to prove that his Court had jurisdiction. Plus, after McClennen demonstrated bias against me by doing the work of the Defendants, it was wrong for Presiding Judge Randall Warner not to allow me a change judge.
According to its website, http://www.azcourts.gov/azcjc/ , “The Commission on Judicial Conduct acts on complaints alleging one or more judges have engaged in judicial misconduct in a particular case or circumstance.” The Commission is comprised of six judges, 2 lawyers and three members of the public. The Commission’s proceeding will have no effect on McClennen’s decision in my case or my current appeal of same, but it could result in some sort of disciplinary action against McClennen and Warner.
Because we seem to have two sets of laws in this country — one for those in power and one for everybody else — my guess is that at best McClennen and Warner might get a reprimand, but I felt it necessary to call attention to their misconduct anyway.
Below is my complaint:
At the very start of the case, McClennen showed his bias against me by doing the work of the Defendants by requiring me, the Plaintiff, to file a memo on jurisdiction.
This complaint is also against Judge Randall Warner since he incorrectly supported McClennen by not allowing me to change judges after McClennen had demonstrated his bias against me.
Not only did McClennen do the work of the Defendants, but I was astonished that he did not even understand the statute under which I was appealing. That, and the rest of what I am writing now, will be explained and fleshed out in the court documents I have enclosed. Taken in order, they tell the story.
Additionally, I have looked at the other complaints against McClennen and I don’t know why this guy is still a judge.
I was unaware of the Local Rule that nixed my right to a one time change of judge without cause. So I tried again by filing an affidavit under A.R.S. 12-409(B)(5) that did give me the right to a change of judge if I showed cause. As you probably know, grounds for cause had to be “That the party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice, or interest of the judge he cannot obtain a fair and impartial trial.”
That was exactly what I ‘had cause to believe and did believe.’ So I filed an affidavit to that effect on July 30th.
In the affidavit, I stated that in attempting to dismiss my case as “untimely,” Judge McClennen was doing the work of the Defendants and therefore showing his bias. I also mentioned that his misconstruing the thirty day time period appeared intentional since he is an experienced judge who should know better.
The next day Judge Randall Warner, the Civil Court Presiding Judge to whom I presented my affidavit, ruled against me. According to him, “Bias and prejudice under A.R.S. § 12-409(B)(5) means a “hostile feeling or spirit of ill-will” or an “undue friendship or favoritism” towards a litigant.” He claimed I didn’t show that. I was pretty sure I had shown there was a “hostile feeling or spirit of ill-will” towards me even though I hadn’t used those exact words in my affidavit. I also think it was obvious McClennen showed favoritism towards the Defendants by doing their work for them.
Warner also stated, “Judicial bias or prejudice ordinarily has to come from an extrajudicial source and not what the judge has done in the case.” The key word there is “ordinarily.” Its inclusion means there must also be cases like mine that are not ordinary, but are in fact based on “what the judge has done in the case.” So, it seems clear to me that Warner was using a bogus argument just to support McClennen.
Smart Meter National Grid
After Warner denied my request, the Rules of Civil Procedure became unclear to me, and I was unsure exactly what my options were. I also wasn’t sure I wanted to spend more time pursuing this particular injustice even if I could figure out the rules, so I accepted Judge Warner’s ruling. In other words, I felt, and I was, bamboozled. And I was certainly denied my right to a change of judge by showing cause.
I’ll add that Warner’s (mis)ruling is not supported by State v. Ellison, 213 Ariz. 116 at ¶¶ 38 and 40 (2006).
In ¶40, we find this: “without showing “[]either an extrajudicial source of bias []or any deep-seated favoritism”. Obviously, the key word there is “or.” There can be an extrajudicial source OR the “deep-seated favoritism” that McClennen demonstrated.
In ¶38, we find this: “[O]pinions formed by the judge on the basis of facts introduced or events occurring in the course of the current proceedings, or of prior proceedings, do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible.” The key word there is “unless.” As such, that statement totally contradicts what Warner wrote about “ordinarily.”
I am a college drop-out, untrained in law and whose pro se court experience consists of contesting a few traffic tickets, yet how is it I know more about this issue than the so-called experienced professionals? It’s very disheartening for me to be denied justice by people like McClennen and Warner who are both schooled in law and experienced and so should know better. I am concerned not only for myself, but also for the hapless others who come before them looking for and expecting justice.
There are only two explanations for the judges’ behavior: 1) Despite their schooling and experience they are inept and doing sloppy work and or 2) Their actions were neither inept nor sloppy but intentional. Either way, it does not look good, and they should not be judges.
Personally I suspect that what McClennen and Warner did was intentional since I would bet that, had I an attorney representing me, McClennen and Warner would not have dared attempt their pro-defendant actions. Unfortunately and despite quite a search, due to the specialized nature of my case and other factors, I could not find an attorney to represent me either for a fee or pro bono.
Nevertheless, justice should be available to all, not just those who have an attorney. Pro se people should not be bamboozled by the likes of McClennen and Warner. Shame on them!
Warren Woodward
Sedona AZ
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Hey SedonaEye.com readers,
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Take Back Your Power
#339 – 14241 NE Woodinville Duvall Road
Woodinville, WA 98072
This is amazing. The thin coat of green has come off the COP21 UN Climate Change conference in Paris. And millions are tuning in to see the corporate tyranny for what it is.
Shockingly, undercover police are simply hauling off demonstrators, one after another. Gulag-style. No badges. No arrests.
And it’s all on video. Over six million people have watched this so far:
https://www.facebook.com/newint/videos/10153264895188461/
The promotion of ‘smart grid’ is a prime focus of the conference.
As a friend stated, “This whole thing reminds me of war and disaster capitalism. Let’s scare the people then provide false solutions that will make us billions and give us more control.”
Perhaps the COP21 slogan should be GO GREED.
The world is watching – and waking up. Thank you for helping to light the way in truth.
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Josh del Sol
http://www.cancer.org/index
American Cancer Society:
Smart meters typically send and receive short messages about 1% of the time.
Smart Meters
What are smart meters?
To use (and be billed for) utilities such as electricity, natural gas, or water, the amount you use must be measured. This is generally done with a meter. In the past, the data from the meters had to be read by a person. More recently, meters that automatically send usage information back to the product supplier have been used. These are called smart meters.
Smart meters have been used for a number of years in some developed countries, especially in parts of Europe. In recent years, they have been installed in some areas of the United States as well.
Concerns have been raised about the safety of smart meters, mainly because they give off the same kinds of radiofrequency (RF) waves as cell phones and Wi-Fi devices.
How do smart meters work?
Smart meters record the amount of the product (electricity, water, etc.) consumed over time. They differ from traditional utility meters in that they are electronic and can talk to a central computer system.
Smart meters talk to their central systems using RF transmissions, based on a cell phone, pager, satellite, radio, power line (PLC), Wi-Fi or Internet (TCP/IP) communication method. Internet and cell phone applications have become the preferred options because of their flexibility and ease of deployment.
How are people exposed?
Smart meters are typically installed outside the home, either in place of or as part of existing meters. How much RF energy that people are exposed to from the smart meter depends on how far they are from the smart meter antenna and how the smart meter sends its signal. The frequency and power of the RF waves given off by a smart meter are similar to that of a typical cell phone, cordless phone, or residential Wi-Fi router. Smart meters typically send and receive short messages about 1% of the time.
Because the smart meter antenna usually is located outside the home, people are much farther away from the source of RF waves than some
Can smart meters cause cancer?
Smart meters give off RF radiation. RF radiation is low-energy radiation. RF radiation doesn’t have enough energy to remove charged particles such as electrons (ionize), and so is called non-ionizing radiation. Non-ionizing radiation has enough energy to move atoms in a molecule around or cause them to vibrate, which can lead to heat but it can’t damage DNA directly.other possible sources of exposure to RF radiation, such as personal cell phones and cordless phones. In addition, walls between the person and the smart meter’s antenna further reduce the amount of RF energy exposure. This means that the amount of RF radiation that someone would be exposed to from a smart meter is probably much lower than the amount that they would be exposed to from other sources.
information is allway good. ss
Re American Cancer Society, Charity Navigator gives them 2 out of 4 stars. See: http://www.charitynavigator.org/index.cfm?bay=search.summary&orgid=6495#.VnJHWr8Ta_o
Over 1/3 of their money goes to raising more money. Hey, gotta keep the execs paid!
Compensation of Leaders (FYE 12/2013)
Compensation % of Expenses Paid to Title Compensation from Affiliates
$845,787 0.09% John Seffrin Chief Executive Officer $76,890
Other Salaries of Note
$1,686,164 0.18% Donald Gudaitis Executive Vice President, New England —
$1,243,668 0.13% Jarilyn Johnson Allen Executive Vice President of the Midwest —
$1,152,329 0.12% Donald Distasio Executive Vice President, Eastern
American Cancer Society cannot be trusted.
Dr. Mercola says, “In the report titled AMERICAN CANCER SOCIETY—More Interested In Accumulating Wealth Than Saving Lives, Dr. Samuel S. Epstein, chairman of the Cancer Prevention Coalition, plainly lays to bare the many conflicts of interest that hamper the effectiveness of this organization.”
Read Dr. Mercola’s whole “Is it Time to Boycott This ‘Anti’ Cancer Charity?” article here: http://articles.mercola.com/sites/articles/archive/2011/05/24/american-cancer-society–more-interested-in-wealth-than-health.aspx
http://azdailysun.com/news/local/bitter-smith-to-resign-as-utility-regulator/article_3c44bbdc-74eb-5369-b4f8-b6b80003148b.html#utm_source=%5Bdomain%5D&utm_campaign=%2Femail-updates%2Fbreaking%2F&utm_medium=email&utm_content=headline