When did Maine Supreme Court Chief Justice Leigh Saufley “leave the building?”

Maine Governor Janet Mills today thanked Chief Justice Leigh Saufley for her service to the State of Maine as Chief Justice of the Maine State Supreme Judicial Court and congratulated her on her appointment as Dean of the University of Maine School of Law.

This announcement came as a great surprise to many Mainers. Was this announcement reported in Maine newspapers? If not, why not?

How can Justice Saufley justify her position as Dean of a Law School when she has failed miserably in upholding the law in a courtroom?

Judicial Nominations Advisory Committee (as of 4.8.2020)

 The Governor uses a Judicial Nominations Advisory Committee consisting of experienced attorneys to review and advise on candidates for appointment. The Committee is established by Executive Order and the current members are:

John A. Hobson, Esq., Chair
Perkins Thompson
Dawn Pelletier, Esq.
Pelletier & Faircloth
Gerard P. Conley Jr., Esq.
Cloutier, Conley & Duffett
Joshua A. Tardy, Esq. (lobbyist)
Rudman & Winchell
Melissa A. Hewey, Esq.(directly involved w/theft of property)
Drummond Woodsum

Jodi L. Nofsinger, Esq.
Berman & Simmons
Daniel Rapaport, Esq.
Preti Flaherty
Walter McKee, Esq.
McKee Law
Derek P. Langhauser, Esq.
Office of the Governor

Published in: on April 8, 2020 at 8:58 pm  Leave a Comment  

Talkshoe Radio – Discussion On “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills…Oral Argument

Wednesday, March 4, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Archived program, EPISODE 55, click here.

Click here to join in online.

Related:  Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?” Click here.
Wednesday, February 4, 2015 broadcast, Archived program, EPISODE 51, click here.

Talkshoe Radio – Update on Article V Constitutional Convention Forum and “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills, click here.
Wednesday, February 25, 2015 broadcast, Archived program, EPISODE 54, click here.

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills, click here.

Attorney General Janet Mills Asks The Maine Supreme Judicial Court Not To Take Action On Governor Paul LePage’s Questions

PPH reports “The governor has asked the Maine Supreme Judicial Court to weigh in on whether he needs permission from Janet Mills to hire outside legal counsel in some cases.

Attorney General Janet Mills is asking the Maine Supreme Judicial Court to take no action on Gov. Paul LePage’s query last month on whether he must seek permission from Mills to hire outside legal counsel in cases where her office declines to defend the administration’s position.

Mills argued in papers filed Friday that the state’s highest court should find that LePage’s “request for opinion” sent on Jan. 23 does not meet the legal hurdle for the court to even consider it. She also argued that one question the governor posed has already been answered by the court in a 1989 ruling and that the other is overly hypothetical.

Lawyers for the governor, however, argued in their own brief filed Friday that LePage is asking serious questions that require an immediate answer. They argue that the court should find that a “solemn occasion” – the required legal hurdle for the justices to hear the questions – exists, and that LePage should be allowed freedom to hire outside lawyers as he chooses.

LePage’s letter to the court asking for intervention in his dispute with Mills marks the first significant effort in the Republican governor’s administration to strip power from the Democratic attorney general, who is elected by the Legislature as the state’s top legal officer.

The court plans to hear arguments on the governor’s request on Feb. 26. Friday was the deadline for the two sides and any other interested party to file briefs for the court to consider before oral arguments. The sides have until Feb. 13 to file additional responses.”

Read more HERE.

BDN reports” Attorney General Janet Mills says the Maine Supreme Judicial Court should ignore questions from Gov. Paul LePage about whether he must continue seeking her approval before hiring outside lawyers to represent the state.

If the attorney general refuses to represent the state in court, the state must obtain her permission to hire an outside attorney.

Mills argued in her brief that state law and previous Maine Supreme Judicial Court opinions make clear that the attorney general is responsible for approving outside counsel to represent any state agency.”

Read more HERE.

A.G. Mills “is responsible for approving outside counsel” and “the state must obtain her permission to hire an outside attorney.”

Peter Brann also filed a brief into this case. Brann was “Assistant Attorney General and then State Solicitor in the Attorney General’s Office between 1981 and 1999. Peter Brann now a partner at Brann & Isaacson, which has been hired as outside counsel on behalf of the State, with the Attorney General’s written approval, in a number of matters.”

Brann states in his brief “Moreover, the Attorney General and his staff are not the equivalent of a private law firm.”

They get around it…..sure has the appearance that the AG has a “private law firm” in its pocket.

Is the “fix” in? Does Peter Brann stand to gain financially with the status quo?

Related:  Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?” Click here.

Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?”

Wednesday, February 4, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Click here to join in online.

Archived program, EPISODE 51, click here.

 

The ongoing dispute between Gov. Paul LePage and Attorney General Janet Mills has reached the Maine Supreme Judicial Court. Governor LePage requested an Opinion of the Justices regarding the proper constitutional responsibility and relationship between the Chief Executive and the Attorney General.

Governor LePage’s letter to the Maine Supreme Court, click here.

Maine Supreme Court Order, click here.

State of Maine 1855 Resolve, click here.

1975 Amendment

1975, Public Law – AN ACT Redistributing the Powers of the Executive Council

Maine Constitution (1820)

“Where Did The Original Constitutional State Go?”, author Lise Dupont. Click here.

Maine Judge Jeffrey Moskowitz Comes Under Review At Public Forum

May 12, 2014

Courtesy of Lori Handrahan

Another Police Chief Arrested for Rape of Twin 5 year old girls Questions that Journalists Must Ask”

From: Lori Handrahan [mailto:LoriHandrahan5@gmail.com]
Sent: Monday, May 12, 2014 1:10 PM
To:ngallagher@pressherald.com‘; ‘jrooks@mpbn.net‘; ‘Joe Lawlor’; ‘sdolan@pressherald.com‘; ‘ReneeOrdway@gmail.com‘; ‘skoenig@bangordailynews.com‘; ‘andyr@nytimes.com‘; ‘Sherwood, Roxanna Z.’; ‘amyles@hearst.com‘; ‘assignmentdesk@wbtv.com‘; ‘Dina Mendros’; ‘Kevin Young’
Cc: ‘Lisa Villa’; ‘ddutrem1@gmail.com‘; ‘james.comey@ic.fbi.gov‘; ‘kevin.ohlson@usdoj.gov‘; ‘John.Richmond@usdoj.gov‘; ‘Wilson, RepCorey’; ‘Volk, RepAmy’; ‘andyr@nytimes.com‘; ‘Marks, RepTim’; ‘Pease, RepJethro’; ‘rdl_chief@yahoo.com‘; ‘stan1340@aol.com‘; ‘Williams, Robert A’; ‘Burns, RepDavid (FWD)’; ‘Bessette, Ray A’; ‘Grotton, Christopher’; ‘Dina Mendros’; ‘lanceharvell@hotmail.com‘; ‘-Unnamed-‘; ‘ABERRY@southportland.org‘; ‘Kevin Joyce’; ‘Wright, Gary W’; ‘Googins,Edward’; ‘Dorothy Hill’; ‘stephenp2@myfairpoint.net‘; ‘Lynch, Mary.Ann’; ‘49.foley.m@gmail.com‘; ‘Gayle Fitzpatrick’; ‘Reisman, Judith’; ‘Mills, Janet T’; ‘A Stevenson’; ‘Roberta.Lipsman@cppcmaine.org‘; ‘Laura Lederer’; ‘katherine.chon@acf.hhs.gov‘; ‘stephen.kelly@ic.fbi.gov‘; ‘dvorakp@washpost.com‘; ‘alan.ademski@acf.hhs.gov‘; ‘RepMike.Beaulieu@legislature.maine.gov‘; ‘jarrodscrockett@gmail.com‘; ‘RepJarrod.Crockett@legislature.maine.gov‘; ‘smoriarty108@aol.com‘; ‘repsteve.moriarty@legislature.maine.gov‘; ‘matt.moonen@gmail.com‘; ‘RepMatt.Moonen@legislature.maine.gov‘; ‘dechantforbath@gmail.com‘; ‘RepJennifer.DeChant@legislature.maine.gov‘; ‘kmderrig@maine.rr.com‘; ‘RepKim.Monaghan-Derrig@legislature.maine.gov‘; ‘cpriest1@comcast.net‘; ‘repCharles.Priest@legislature.maine.gov‘; ‘SenDavid.Burns@legislature.maine.gov‘; ‘SenJohn.Tuttle@legislature.maine.gov‘; ‘senatorvalentino@gmail.com‘; ‘Roberta Lipsman’; ‘RBarry@MyFoxMaine.com’; ‘skoenig@bangordailynews.com‘; ‘sewell@nytimes.com‘; ‘Arluck, Justin’; ‘Ross.levitt@tuner.com‘; ‘Dave.Alsup@turner.com‘; ‘Mike Macgillivray’; ‘DmFsocwkr1@aol.com‘; ‘Richard.Weber@ci.irs.gov‘; ‘shael@vday.org‘; ‘Sheryl WuDunn’; ‘Reisman, Judith’; ‘Sassano, Anthony’; ‘Staver, Mathew D’; ‘Eppling, David S’; ‘Mast, Richard L’; ‘Matthews, Cynthia’; ‘Barber, Matthew’; ‘Steve Humphries (steve.humphries@testimonyfilms.com)’; ‘Tim Tate’; ‘Larry Tardiff’; ‘Richard.Weber@ci.irs.gov
Subject: FW: Another Police Chief Arrested for Rape of Twin 5 year old girls Questions that Journalists Must Ask
Importance: High

Dear Noel and Maine Journalists;

It is enormously frustrating to read all the media reports of yet another former Maine Police Chief in his 70s arrested for the rape of very small children and to have the entire Maine press corps not even ask the most fundamental questions. Please, please, please.

1. Twin 5 year old girls were raped by a 72 year old former Maine Police Chief. This is CHILD TRAFFICKING. Who gave Smith access? How much did Retired Police Chief Smith pay to rape these children? How many times have this children been shared around Maine for sex abuse and by whom?

2. I guarantee you that this is not the first time these five year old twin girls have been abused. Nor is it the first time Chief Smith has been raping little children.

3. Why, just the Police Chief Demers’ arrest last month, why, why, why did Maine Police fail to follow STANDARD OPERATING PROCEDURES (SOPs) that cops across the country follow in any case where there is even concerning behavior by a cop around children. Concerning behavior by a police officer around children IS ENOUGH to pull a search warrant for his/her electronics to obtain the massive child porn that almost always exists.

4. The reason it is critical to get the electronics immediately is that child porn is crime scenes. This is electronic evidence of who is raping the children. No one, and I mean no one, rapes children anymore without producing child porn. There is no way on God’s green earth that these two 70 year old former Maine Police Chiefs did not have huge collections of child porn.

5. I have told everyone who will listen, my daughter’s father was found by our investigators on a known child porn trading site and Maine Computer Crimes Director Lt. Glenn Lang refused to investigate. The arrest of Chief Smith and Chief Demers is directly related to my daughter’s case because it is yet again more evidence of the child trafficking being run and protected in Maine by police—starting with Lt. Glenn Lang Maine Computer Crimes Director.

6. Will not one journalist in Maine even call Lt. Glenn Lang and ask him what he is doing? Why no search warrants were pulled for either retired Police Chiefs?

I’ve attached both a national level FOIA that was filed by Cause of Action in Washington DC regarding concerns about Glenn Lang. I’m attaching chapters from my book Child Porn Nation. Please scroll down to the section on arrests for police officers of child porn, Chapter Two starts on pg. 42. The section on local cops starts on pg. 62.

You will note that even in places like LaPorte Indiana, search warrants are pulled, as SOPs, for even reports of concerning behavior around children. Why not Maine?

David Oldham, a 42 year old Sheriff’s Deputy in LaPorte County Indiana, was arrested on eight counts of child porn possession, child molestation and tampering with evidence. LaPorte County Sheriff Mike Mollenhauer contacted Indiana State Police after Deputy Oldham’s wife contact the Sheriff expressing concern about Oldham’s relationship with a 12-year-old neighborhood boy. The boy was spending nights with Oldham, sleeping in the same bed, after riding in the patrol car when Oldham worked the midnight shift. Despite Oldham’s attempts to destroy his hard drive investigators were able to recover some 70 child sex abuse images and 7 videos from Oldham’s home computer.[i]

Lori Handrahan, Ph.D.

Evidence proves that Maine’s Attorney General’s Office has refused to investigate crimes, matters of public trust and public interest. Just a couple of examples:

Notice and Demand to A.G. Janet Mills,which was brushed under the rug. Click here.

A criminal complaint was filed with A.G. William Schneider on January 10, 2011 regarding the following, brushed under the rug:

FRAUD – A scheme was devised by means of false and fraudulent pretenses, in violation of 18 U.S.C. §§ 1341, 1343 and 36 M.R.S.A., 5 M.R.S.A. § 4684, to unlawfully obtain ownership of real estate. The enterprise involved is an “enterprise” as defined by 18 U.S.C. § 1961(4).

EXTORTION – The “enterprise”, conspiring in concert with others, aided and abetted theft and extortion through the commission of state and federal offenses and gained financially by receiving the proceeds and benefits of this extortion in violation of 17-A M.R.S.A. §§ 353, 355 and 18 U.S.C. § 880. This entire “scheme” is a series of RICO predicate acts as 18 U.S.C. § 1951(a) expressly makes conspiracy a predicate act and a crime. The furtherance of these crimes was in violation of 17-A M.R.S.A. §§ 353, 354, 355 and 18 U.S.C. § 1349, 241, 242.

MAIL & WIRE FRAUD – The internet and U.S. Postal service were used by the enterprise/associate” to further extort money in the amount of $35,000 in violation of 18 U.S.C. §§ 1341, 1343. These were also multiple predicate acts under RICO statutes.

BANK & SECURITIES FRAUD – The “enterprise”/agent involved unlawfully used property, other than his own, as collateral by means of false or fraudulent pretenses and did obtain a mortgage from a bank in the amount of $105,000.00 in violation of 18 U.S.C. § 1344 and § 1348. The Security Instrument involved, was obtained through unlawful activity and constitutes “racketeering activity” as defined by 18 U.S.C. §1961 and money laundering as defined by 18 U.S.C. § 1956 and § 1957.

It appears that the Attorney General has final say in whether or not to investigate crimes. When A.G. Schneider brushed this RICO case under the rug, John Morris, Comm. Dept. of Public Safety was contacted. Does he fear the Attorney General? He has aided and abetted in the A.G.’s cover up of these crimes – RICO violations. Response from Mr. Morris, HERE.

Pursuant to 25 MRS, Chap. 351: Department of Public Safety §2908. Police officers; powers and duties; cooperation, the Commissioner of Public Safety may expand the duties and powers of police officers beyond the duties and powers enumerated in this section to investigate, prosecute, serve process on and arrest violators of any law of this State.

Why aren’t state legislators stepping up to the plate?

Related:  FOIA-Judge David Kennedy, click here.

 

May 12, 2014

FTM, May 12, 2014, reports “CATCHING A POLITICIAN IN A LIE WITH THEIR OWN EMAIL, PRICELESS! Recently Rep. Lisa Villa, (D) REPEATEDLY went on the record every where she could, to take credit for organizing a public forum to discuss problems with the Guardians Ad Litem system, Maine Family Court, and Judge Jeffrey Moskowitz in particular. Only one problem, it was COMPLETELY set in motion by Lori Handrahan, from her D.C. location.

That didn’t stop Villa from jumping into a possible good political situation and take credit for it. But, it turns out she and others actually sent emails before the meeting acknowledging Lori was the organizer.

What’s worse, a politician that lies, or a stupid politician that lies and leaves an email trail that proves she LIED? You can see the emails below.

That wasn’t enough of a bonehead move by Villa, she had to double down and go all in, and take the video camera cards from the South Portland Cable TV manager, a public document protected under the FOAA law. FTM immediately sought court protection for the camera cards and served the city the notice. Why would Villa seize the camera cards? Could it be to protect a fellow Dem, Judge Moskowitz, whose conduct in court was criticized repeatedly by the victims of that conduct? You can see the filing below.

On top of that violation of the FOAA law, Villa somehow mistakenly believes her position “as representing all the people in Maine” (her exact words) gives her authority greater than any elected person in this country to say the following, “She is not afraid of releasing the footage to any legitimate news outlet…” (Quoted from the Washington Times article) When did this pipsqueak of a State Representative, get to decide which news outlets were ‘legitimate and which ones were not legitimate’. FTM likely has a larger readership every week than the margin of votes that put Villa in office. Rep. Villa perhaps when you’re NOT busy taking credit for organizing a meeting that you didn’t, stealing public documents from South Portland, and picking ‘legitimate’ news outlets, you could find the time to read the First Amendment to the United States Constitution, try to concentrate your brain power on the part that discusses FREEDOM OF THE PRESS. Perhaps you could point out the section where pipsqueak members of the Maine Legislature get to decide who and what are legitimate news outlets?

What does Villa do next? She thinks it’s a big joke with a LOL on her email you can see below.”

Read more HERE.

May 10, 2014

Courtesy of Wayne from Maine

Affidavit – A.G. Janet Mills, HERE.

Legal Notice to A.G. Janet Mills, HERE.

Notification – Judiciary Committee, HERE.

May 9, 2014

Communities Digital News reports “Maine Legislators Spar Over Judicial Appointee, Corruption in Family Courts.” Maine legislators have called for a review of the State’s family courts following the complaints of parents dismayed by the news of the recent promotion of family court Judge Jeffrey Moskowitz to the position of Deputy Chief Judge of the Maine Districts Courts. Legislators say the appointment comes as a shock to many members of the public, who consider Judge Moskowitz “the least likely candidate” for appointment to this very important, pivotal office within the Judicial Branch operations.

“Judge Moskowitz is one of 4 family court judges about whom we consistently hear significant complaints from users of his court, victims of his actions,” said Senator David E. Dutremble (D-Biddeford) last Friday in an an email that was addressed to several dozen of his legislative colleagues, as well as many other members of State and Federal law enforcement units. Dutremble, a divorced father of five children whose father was a local sheriff, currently sits on the State Legislature’s Criminal Justice and Public Safety Committee.

“Who was party to making this decision? Why was he chosen over other candidates? What was the objective basis for choosing him in terms of knowledge, skill and experience leading to this decision?” Read more HERE.

The people have called “for a top to bottom investigation into the way the State’s Judicial Branch does business” as far back as 1979. Congresswoman Olympia Snowe letter, HERE.

Can the people expect accountability in the State’s courts when a large number of judges come out of  the Attorney General’s  office? The latest example of this is the confirmation of former A.G. William Schneider.  “A System In Crisis”, view HERE. (Opposition to nomination begins at 46:14)

Governor Paul LePage just recently nominated William Stokes,  chief of the criminal division in the Maine Attorney General’s Office, for judgeship, click here.

After the public forum, Michael Doyle “made an open records request seeking copies of the tapes, which Doyle says contain footage of dozens of Maine consumers who have been “broken, bankrupted and destroyed by the train wreck that is Maine’s family courts” airing complaints about Maine’s courts, specifically concerning Judge Moskowitz”, but “Representative Villa went to South Portland Town Hall and successfully obtained all of the copies of the Community Television tapes of the Open Forum on Maine Judges to prevent the forum from being aired.” “Doyle immediately went to court and sought unsuccessfully to obtain a protection order preventing Villa from further concealing the public records from disclosure, or possibly tampering with or destroying the record’s integrity.” Justice Thomas Humphrey refused to sign an Emergency Restraining Order to protect an original video of highly critical comments about fellow Judge Jeffrey Moskowitz.

This is deja vue all over again with officials suppressing the truth at Biddeford Public Access.  First Amendment case. Who’s side is Rep. Lisa Villa on? It looks good on its face that two legislators attended the forum, but unfortunately it’s not what it appears to be! Why can’t Rep. Villa “edit” the tape as to what she needs (or wants)? What is there to hide? The truth? Once again, proof is in the pudding!

Rep. Villa’s statement that “she admits that she obtained the tapes out of concerns that victims would be exploited by the footage spanning 4-hours” doesn’t hold water. Everyone who chose to speak had full knowledge that the forum was being recorded.  Villa has reason to ” fear for her own family’s safety if the court were to retaliate against her in response to her public efforts to reform the justice system.” This is what the court does! Is this why she chose to vote in the affirmative in the confirmation of William Schneider? Does she fear her colleagues too? If yes, she has reason to as they are paddling the same boat as the judges. Are legislators so fearful under the dome? If so, THEN STAND UP with the people! Why would the naming of judges “ derail Rep. Villa’s audit”? 

Linda Valentino (D-Saco), chairperson of the Judiciary Committee, disagrees “that legislators should be inquiring about judges’ qualifications” and doesn’t “feel it is within the purview of the Judiciary Committee.”  She ” doesn’t feel that this is a legislative issue.”  She “feels this is a judicial issue. ”What? You can view Senator Valentino’s job performance by listening to “A System In Crisis”. 

It is encouraging that Senator Dutremble intends to keep pushing for answers. Let’s keep watch on this. If he follows through, he will get the support of people behind him.

Judge Moskowitz is not the only judge who has violated the Rule of Law or constitutional rights of victims. He is not the only judge who has irreparably harmed and totally devastated lives and families. This is no surprise to us as we have run into roadblocks at every level in seeking accountability. Augusta has all of its “bases” covered…to include the courtrooms… with its “revolving door policy.” All doors to remedy injustices are closed!

Too many people have suffered at the hands of (in)justice whether it be the unlawful confiscation of your property, business, livelihoods, homes, children, etc.

This official corruption was not “nipped in the bud”, now elected officials can enjoy the exposure it yields.

Related:

FTM CALLS FOR SUSPENSION OF JUDGE JEFFREY MOSKOWITZ, click here. (Mike, great article, but the integrity of Republicans comes into play, as well. However, justice is not a “party” issue.)

Have You Been Harmed By Maine’s Judicial System? Click here.

The pattern of CORRUPTION AND CONFLICT OF INTEREST PERMEATES WITHIN Maine’s judicial system, click here.

How Governor John Baldacci and Senator Elizabeth Mitchell pushed the re-appointment of Judge Christine Foster through rather quickly. There was a pending complaint against Judge Foster before the Committee on Judicial Responsibility and Disability. This was discovered on the Maine Senate webpage In Senate Chamber, Friday, November 19, 2010:

“Pursuant to the provisions of Article 5, Part 1, Section 8 of the Constitution and the laws of the State of Maine, the Senate convened in the Senate Chamber at Ten o’clock in the morning and was called to order by President ELIZABETH H. MITCHELL of Kennebec County.” There is something wrong with this picture. The ten o’clock Senate confirmation (of Judge Christine Foster) session was posted at 7:30 A.M. Read more HERE.

As you can see, Augusta has all of its “bases” covered…to include the courtrooms… with its “revolving door policy.” When will ALL legislators wake up and step up? Or will they continue to shield the Attorney General’s Office and be part of the problem and not the solution?

You can be assured that you have not heard the end of this!

Center For Public Integrity – Maine Earns ‘F’ For Judicial Financial Disclosure

The Center for Public Integrity evaluated the disclosure rules for judges in the highest state courts nationwide. The level of disclosure in the 50 states and the District of Columbia was poor, with 43 receiving failing grades, making it difficult for the public to identify potential conflicts of interest on the bench. Despite the lack of information in the public records, the Center’s investigation found nearly three dozen conflicts, questionable gifts and entanglements among top judges around the country. Here’s what the Center found in Maine:

total score
58/100

Strengths:

Tied for 11th place with Kansas, Maine scored well relative to other states largely because it asks for the same information about spouses and dependent children as it does for judges. It also asks for information about any pending litigation in which the judge may be involved.

Weaknesses:

Maine asks for limited information about assets and liabilities, essentially only seeking the name and description but no value or transaction information. The state asks for information about gifts and reimbursed expenses but fails to ask for the value. Justice Warren Silver, for example, did not have to report the value of private jet flights from Maine to Florida he and his wife accepted as gifts from author Stephen King, a friend and former client of the justice.

Highlights:

Justice Silver’s wife held about $28,300 in Idexx Lab stock in 2012, but the justice ruled on a case involving the company in a land dispute with its neighbors, Pike Industries Inc. v. City of Westbrook et al. After a disagreement between Pike, a quarry operator, and Idexx, the two sides and the city of Westbrook came up with an agreement to allow Pike’s ongoing quarrying to be grandfathered in under existing zoning laws if it met certain conditions. But other neighboring businesses challenged the agreement. The court took the side of Pike Industries and Idexx. Pike continues to use the quarry as agreed to in a consent decree. But the court said the city had no ability to enforce the agreement and sent the case back to lower courts to resolve.

“At the time that I made the ruling, I didn’t even realize she owned the Idexx stock,” Silver told the Center. “If I had realized it at the time, I would have recused myself.”

He said he noticed the ownership stake only when he filled out his disclosure forms. (He was not required to disclose the value of the holding but included the number of shares held anyway.) He said the stock ownership didn’t make a difference in his decision, especially given that he didn’t know he had a financial interest at the time. And because the case was ultimately a zoning question, he said he wasn’t sure how it impacted Idexx’s business. Still, he said, “It was a total oversight on my part.” Since the incident, he said he now monitors both his and his wife’s stock investments.

Read the 2012 reports

Published in: on December 4, 2013 at 6:17 pm  Leave a Comment  

Hancock County D.A. Mary Kellett, Maine Board of Overseers of the Bar, Maine Supreme Court Justice Ellen Gorman And The Attorney General’s Office…Behind The Curtain

To all online news media….please share!

BDN reports “Mary Kellett, assistant district attorney for Hancock County, admitted to a state supreme court justice that she violated rules of the Maine Bar when she prosecuted a former Gouldsboro man on gross sexual assault and misdemeanor assault charges.  She appeared before Justice Ellen Gorman after the Maine Board of Overseers of the Bar recommended late last year that she be suspended. A board grievance panel met in Bangor last fall to consider a misconduct complaint filed against Kellett by Vladek Filler and determined that Kellett had violated seven bar rules in handling Filler’s assault case. The board’s recommendation that Kellett be suspended is the only such recommendation that board staff can recall for a prosecutor in Maine, according to Jacqueline Rogers, executive director of the board.”

“After last fall’s grievance hearing, the panel determined that Kellett violated bar rules by:

• Engaging in conduct unworthy of an attorney.

• Engaging in conduct prejudicial to the administration of justice.

• Failing to employ reasonable skill and care.

• Failing to make timely disclosure of the existence of evidence that tends to negate the guilt of the accused, mitigate the degree of the offense or reduce the punishment.

• Suppressing evidence that she had a legal obligation to produce.

• Assisting the state to violate the Maine Rules of Criminal Procedure and the court’s order.

• Employing means that were inconsistent with truth and seeking to mislead the jury.”

“Filler told Gorman Monday that he thinks Kellett should be permanently disbarred. He said the charges against him had irreparably harmed him and his two young sons. Kellett’s mishandling of his case, he said, was an “abuse of power” that he described as willful, inexcusable and prolific.

“This is about intentional misconduct,” Filler told Gorman. “I have been fighting [this] for six years. I am pleading with this court for justice.”

“Gorman told Filler that Kellett’s violations were a first offense and that she did not intend to disbar the prosecutor. The judge did say that suspension was a significant punishment that would have a lasting effect.”

“It is a sanction that would continue to follow Ms. Kellett for the rest of her life,” Gorman said. “It is not a light sanction to impose.”

“Gorman also offered Filler an apology on behalf of the state’s criminal justice system.”

“You did not receive a fair first trial,” the judge said.

“Following the hearing, Filler told reporters in a courthouse hallway that he was disappointed Gorman would not consider disbarring Kellett. ”

“This was not about punishment [for Kellett],” Filler said. “I have an interest in making sure that other people are not subjected to such destructive [prosecutorial] abuse.”

William Fisher, was one of two assistant attorneys general who represented Kellett throughout the grievance process. Is this the same “William Fisher” who represented York County Deputy Sheriff Clifford Scott in an excessive force case in federal court? Did he climb the ladder from county level to state level?

“Ms. Kellett has suffered and learned from these proceedings,” Fisher said. “I believe she is going to be a better prosecutor. As part of Kellett’s admission, Fisher said, prosecutors in Bassano’s office will work with the Office of the Attorney General to establish systems by which they can keep better track of what types of evidence police departments have and do not have in each criminal case that Bassano’s office is prosecuting. The attorney general’s office also is working with Bassano’s office to review proper procedures for preparing for trial and for conducting trials, he said.”

“Gorman said she would review the agreement between Kellett and the Board of Overseers, which calls for a 30-day suspension, and that she planned to suspend the prosecutor but that the suspension itself would be suspended, meaning that Kellett will be able to continue to practice law unless new misconduct issues arise, at which point the suspension could go into effect. Gorman said she expected to issue her final decision sometime later this week.”

BDN reports “Judge orders legal remediation training for Hancock County prosecutor.”  “In the order, Gorman suspends Kellett’s law license for 30 days but effectively puts the suspension on hold on the condition that Kellett complete six hours of continuing legal education. After Kellet’s training is completed and certified by Davis to Gorman, the judge’s suspension order will be terminated without further action, Gorman wrote.”

In the Dec. 5 report, the panel indicated that it “concludes that an appropriate sanction in this matter would be a period of suspension. Accordingly, the panel finds probable cause for such discipline, and hereby directs Bar Counsel [J. Scott Davis] to commence an attorney disciplinary action by filing an information with the [Maine Supreme Judicial] Court.” Jacqueline Rogers, executive director of the board, said that this case was the first board officials knew of in which a panel report recommended that a prosecutor be suspended. She declined to comment specifically about Kellett’s alleged misconduct.

“So let’s see – A state entity that oversees the conduct of licensed attorneys in Maine has determined that a Hancock County prosecutor violated seven bar rules and should be suspended.”
“Bar Counsel J. Scott Davis is presenting the misconduct case to the board, while Assistant Attorney General Ronald Lupton is representing Kellett.Lupton said Kellett did not do anything to violate bar rules. He said his office and the Law Court each reviewed the case prior to Filler filing his complaint with the board and neither found that Kellett had done anything improper.”

It is quite surprising that Bar Counsel J. Scott Davis presented this misconduct case to the board as he has protected “his brothers/sisters” for decades. The activity “behind closed doors” demands EXPOSURE! Proof in the pudding. Why didn’t Scott Davis discipline Attorney Jens-Peter Bergen who was charged with “Engaging a Prostitute” in the Zumba case? As an attorney he knows, or should know, the law. He chose to commit a criminal or unlawful act that reflects adversely on his honesty, trustworthiness or fitness as an attorney. This is not the only time Atty. Bergen chose to violate the law.  BERGEN, JENS PETER, ATTY. (COMPLAINT)

Docket Sheet.

Attorney Jens-Peter Bergen, client on the list, had his case transferred to York County Superior Court.  Entry of Appearance of Attorney and Jury Trial Request.

Attorney Jens-Peter Bergen, client on the list, had his case transferred to York County Superior Court.  Entry of Appearance of Attorney and Jury Trial Request.

Jens-Peter Bergen, 54, of 79 Portland Road in Kennebunk, plead guilty through his attorneys, without appearing in York County Superior Court.

Attorneys who commit unethical conduct in this state are subject to discipline by the Grievance Commission of the Board of Overseers of the Bar or the Maine Supreme Judicial Court. Such discipline can range from a reprimand, the least serious discipline, to a suspension from practice, or permanent disbarment from practice.  Click here.

In this case, Jacqueline Rogers, executive director of the Maine Board of Overseers of the Bar, said that there are bar rules that attorneys must adhere to or face possible disciplinary action. She said that no action would be contemplated against any attorney unless that person was convicted. Lawyers in Maine must register each year and are required to inform the Board if they have been convicted of a crime. She said some attorneys self report when there have been convictions and sometimes the court will inform the Board. She said any action against an attorney would depend on a conviction. Attorney Bergen admitted guilt. This was reported throughout the country and beyond. They didn’t hear about it?

Related: First Amendment Case –click here

Post Conviction Review – denied,  click here.

York County D.A.Mark Lawrence was working with Lafortune with intent to indict, prosecute corrupt bankers/officials.

LAWRENCE, MARK D.A. LETTER JUNE 6, 2003

If the Attorney General and Maine Supreme Court Chief Justice Leigh Saufley brush this under the rug….does Mr. Filler, or any of us, stand a chance? Notwithstanding the fact that research proves that Maine judges must be commissioned and they are not! (In the search engine, type in Maine judicial system/courts and read the comments.)

When will legislators, our lawmakers, step up and grow a backbone? Judges, D.A’s, the Attorney General (and other constitutional officers), attorneys are daily violating us and the law.

When will the B.S. “behind the curtain” by both parties…end? Legislators give the “ok” for judges to sit on the bench, they can give the “ok” to remove them!

Let’s put an end to the “good ole boy network.” EXPOSE!

[new post] Chief Justice Leigh Saufley…We Don’t Need To See (in)Justice In Action…We Live It

Maine Supreme Court Chief Justice Leigh Saufley says it’s important for student to see justice in action.

Maine Supreme Court to argue cases in front of students.
Says Supreme Court Justice Saufley “The practice of appellate law is rarely seen on television or in the movies.”

Chief Justice Saufley will have an opportunity to see the “practice of injustice” in the movies……..Lawless America…The Movie.

Published in: on September 11, 2012 at 10:42 am  Comments (3)  

HOW COZY A RELATIONSHIP BETWEEN MAINE DHS, THE SHALOM HOUSE, CHIEF JUSTICE LEIGH SAUFLEY AND KENNEBUNK SAVINGS BANK?

BDN reports “LePage ethics bill would require lawmakers to report business between state, family.”

“Gov. Paul LePage is proposing legislation to close a loophole in ethics laws that has allowed high-level state officials not to report millions in state payments to organizations run by themselves or their spouses. The governor’s legal counsel said the bill was prompted by a Maine Center for Public Interest Reporting story last week that revealed that between 2003 and 2010 the state paid almost $235 million to such organizations. (View article, click here.)

Dan Billings, who drafted the legislation, said, “This is a reasonable problem that has a reasonable solution. Particularly in the legislative branch where you have a citizens’ Legislature, you’re going to have people who have these conflicts, but everybody should know about it and then people can act properly and make sure everybody acts properly and makes decisions accordingly.”

Billings added, “But if you don’t have the information, you can’t do that.

LePage’s bill, whose lead legislative sponsor is Senate President Kevin Raye, R-Perry, would require legislators, executive branch officials and constitutional officers such as the attorney general and secretary of state to disclose if organizations they or family members are affiliated with — as owners or management-level employees — are paid more than $1,000 annually by the state.”

I did a little research on this.

Shalom House Board of Directors, click here and here:  Treasurer, William Saufley Kennebunk Savings Bank; Florence Young, LCSW Casey Family Services (Maine Supreme Court Chief Justice Leigh Saufley was a member of the Casey Family Program Advisory Board, 1988-90. (See bio in Legislative Directory) Did Chief Justice Saufley get paid with state funds as a board member?

Is William Saufley, Board Member and Treasurer of the Shalom House and Senior Vice President and Chief Risk Officer of Kennebunk Savings Bank, the husband of Chief Justice Saufley?

Alexander Meagher joined Kennebunk Savings Bank as Assistant Vice President, Associate General Counsel. Prior to Kennebunk Savings, Meagher worked as a Judicial Law Clerk for the Maine Supreme Judicial Court. Read more, click here.

Will the Governor’s bill require disclosure of family members who are judges?

WHY IS THE MAINE SUPREME JUDICIAL COURT ONLY PICKING ON WASHINGTON COUNTY PROBATE JUDGE LYMAN L. HOLMES?

BDN reports “The probate judge in Washington County was sanctioned Thursday by the Maine Supreme Judicial Court for failing to dispose promptly of cases.”

“Judges are paid by the counties but must abide by the state’s Code of Judicial Conduct.”

All judges must abide by the state’s Code of Judicial Conduct. Sounds like another “selective” process by Maine’s judicial system. How many of us have waited more than 30 days for a decision from the courts?

I would like Maine Supreme Court Chief Justice Leigh Saufley to justify the sanction against Judge Lyman Holmes when she and the Supreme Court justices have seriously violated the state’s Code of Judicial Conduct, violated state statutes, covered for criminal activity and have denied every single appeal I filed with the Maine Supreme Court. Have any of you had your appeal heard?

It is imperative that Governor Paul LePage include judicial reform in his list of reforms. First order of business, the Committee on Judicial Responsibility and Disability. It is a direct conflict of interest to have judges sitting on this committee when, in all likelihood, they have been involved with the business brought before them.

Will the BDN or PPH report on this? Highly unlikely. However, the Clarion Edict will keep you posted.

Read more:

CORRUPTION AND CONFLICT OF INTEREST PERMEATES WITHIN THE COMMITTEE ON JUDICIAL RESPONSIBILITY AND DISABILITY

SENATE CONFIRMS RE-APPOINTMENT OF JUDGE CHRISTINE FOSTER

DO YOU THINK MAINE COURTS OR MAINE ADMINISTRATOR OF THE COURTS TED GLESSNER WILL TURN TO THE NCSC FOR “AUTHORITATIVE KNOWLEDGE AND INFORMATION?

Administrative responsibilities; duties of Court Administrator, clerks

[updated] JUSTICE G. ARTHUR BRENNAN NOMINATED BY GOV. PAUL LEPAGE TO SERVE AS ACTIVE RETIRED JUSTICE ON THE SUPERIOR COURT

JUDICIAL NOMINATIONS IN MAINE – SOMETHING TO KEEP AN EYE ON!