JOHN KEEGAN
SHOULD NOT BE APPOINTED TO
THE MARICOPA
COUNTY BOARD OF SUPERVISORS
It is our opinion that John Keegan should not be chosen to
replace Max Wilson on the Maricopa County Board of Supervisors. Mr. Keegan failed miserably when he served
from 2007 to 2010 as the Presiding Justice of the Peace of the Arrowhead Justice
Court in Surprise.
Mr. Keegan allowed the inept Melanie Deforest to preside in
his court. Ms. Deforest was a gym instructor and became a pro tem Justice of
the Peace by appointment when her Policeman husband was shot on the job.
Melanie Deforest was an extremely incompetent judge. She was forced to end her
election campaign last fall is disgrace when it was discovered she had lied
about her education and work history. We have posted an Internet article called
THE INCOMPETENCE AND CORRUPTION OF THE
ARROWHEAD JUSTICE COURT which was our Judicial Complaint against Melanie Deforest.
Our Judicial Complaint and Fraud of the Court were dismissed. Sadly, we have
$18,000 worth of baseless judgments in excess of court limitations for breaking
our lease early because our apartment was a health hazard full of toxic mold. The
toxic mold exposure started the rejection of Carol’s transplanted liver and she
will die like our three dogs died of liver cancer.
Also, Mr. Keegan allowed Sun Grove Resort Village’s (SGRV)
Scott Green to misuse the Arrowhead Court in his Senior Financial Exploitation
Scam. Mr. Green used false advertising that SGRV was a licensed assisted living
facility with the medical services of a nurse but that was all untrue. Mr.
Green filed nearly ten baseless lawsuits against SGRV seniors that were forced
to move because of their medical needs. We were victims of Scott Green’s
baseless lawsuits. Scott Green’s baseless lawsuits were sanctioned by the
Arrowhead Justice Court. The lawyer that aided SGRV’s Scott Green in the scam
was Scott E. Williams. Mr. Williams is also a Justice of the Peace, an eviction
lawyers, and the elections attorney for the Maricopa County Politicians. Mr.
Williams was hired by the Maricopa County Board of Supervisors in 2004 to
represent Maricopa County Politicians, judges, and lawmakers on election matters.
The Arrowhead Justice Court gave Mr. Williams extremely favorable treatment
which robbed the SGRV seniors of any fair rulings and judgments. It is shocking
that Scott E. Williams, John Keegan, and Melanie Deforest allowed Scott Green
to defraud seniors because he was a 2005 Medicare Fraud Felon who was terminated
from SGRV on 08/28/12.
Justice was not
properly served at Arrowhead Justice Court and John Keegan was responsible for
incompetence and corruption of the court. The Arrowhead Justice Court has destroyed our evidence and the recording of our kangaroo 07/08/10 trial in its efforts to hide the truth.
Mark and Carol Fairall
03/15/13
Mark and Carol Fairall
03/15/13
CONFIDENTIAL
FOR OFFICE USE ONLY
State of Arizona
Commission on Judicial
Conduct
COMPLAINT AGAINST A JUDGE
Your name: Mark R. Fairall & Carol Ann Buck Judge’s name: Melanie Deforest Date:9/09/2010
Instructions: Use this form or plain paper of the same size to file
a complaint. Attach additional pages, as needed. Please describe in your own
words what the judge said or did that you believe constitutes judicial
misconduct. To help us understand your concern, be specific and list all of the
names, dates, times and places where the conduct occurred. Include only copies
of the original documents or court recordings that are relevant to your
allegations. Print or type on one side of the paper only, and keep a copy of
the complaint for your files.
On July 8, 2010
a Travesty of Justice occurred in the Arrowhead Justice Court of bias, misconduct,
and complete lack of legal knowledge by the part-time judge Melanie Deforest in
our case Mark R. Fairall vs. Sun Grove
Resort Village LLC (CC2010-038658) & Carol Ann Buck (Third Party Defendant). This lawsuit and Trial were
concerning Sun Grove Senior Living, LLC dba Sun Grove Resort Village (SGRV), which is a senior living apartment
house that falsely advertises nonexistent services, misrepresents an imposter unlicensed
nurse as a real nurse, and withholds essential repair work as a form of Landlord
Retaliation. Judge Melanie Deforest “Murdered
Justice” by not allowing me, the Plaintiff, and Carol Ann Buck, the 3rd
Party Defendant, the fair opportunity to present our case in accordance with AZ.
Civil Rule 60. Judge Melanie Deforest
Violated the Arizona
Code of Conduct for Judicial
Employees (Arizona Supreme Court Administrative Order 97-41 dated August 20,
1997) by: 1. Failing to Maintain a high standard of conduct, 2. Failing
to Maintain the highest level of integrity and impartiality, 3. Failing to
Comply with the law, 4. Failing to be Professional and Courteous, and 5. Failing
to her perform her Judge Duties without bias, prejudice, or conflict of
interest. Due to Melanie Deforest’s outrageously illegal, inept misconduct as a
part-time judge in our case, she should not be allowed the by State of Arizona Judicial System
THE WRONGFUL DENIALS OF MY PRETRIAL MOTION
TO STRIKE LATE DISCLOSURE, MOTION FOR DEFAULT JUDGMENT, AND MOTION FOR
SANCTIONS
According to ARCP
Rule 26.1 (b)(1) a Disclosure
Statement must be exchanged 40 days prior to the Trial and we complied
with exchanging my Disclosure Statement timely on May 28, 2010, but opposing
counsel failed to comply by not presenting his Disclosure Statement until July
29, 2010 (only 10 days before Trial). My
Motion to Strike the Late Disclosure stated:
“I filed my
Disclosure Statement timely which has given the Defense time to threaten,
bribe, and harass my witnesses and Affidavit signers who pledged their support
and testimony for
the Trial. I have lost nearly half of the people who pledged their support and
testimony due to the bully tactics of Sun Grove Resort Living, LLC and their
attorney, Scott Williams. It would be “Blind Justice” to allow the Late
Disclosure of Opposing Counsel to be submitted with only 10 days to Trial.” (Exhibit
1 - 7/1/10 Motion to Strike Late Disclosure/Motion for Default Judgment/Motion
for Sanctions).
However,
part-time judge Melanie Deforest denied these motions immediately prior to the
Trial on July 8, 2010, which gave opposing counsel an unfair tactical advantage
of information and extra time to harass, threaten, and bribe our witnesses. We tried
to explain this to part-time judge Melanie Deforest, but she rudely refused to
listen to our objections and denied our pretrial motions. We also moved that
the late Disclosure Statement presented only ten days prior to our Trial did
not give us the proper time needed to analyze it and the 300+ pages of evidence.
By not having a Pretrial Hearing and accepting the opposing counsel’s
late Disclosure Statement, part-time judge Melanie Deforest violated the Arizona
THE WRONGFUL REFUSAL TO GRANT OUR
CONTINUANCE MOTION FOR A DIFFERENT JUDGE AT THE BEGINNING OF THE TRIAL
Prior to the
Trial we called the Court to verify the fact that Judge Keegan was going to be
the Trial Judge and we were assured that he would be the sitting Judge. This
was done because we had filed a Telephonic Complaint on April 23, 2010 against
part-time judge Melanie Deforest concerning her April 22, 2010 Motions Hearing.
We reported that part-time judge Melanie Deforest was rude, condescending, and
badgering to us in the Motions Hearing. She even erred on two Court-Ordered
Minute Entries which had to be amended because she incorrectly confused to
plaintiffs and the defendants and incorrectly cited wrong dates. We complained to the Arrowhead Court
Supervisor: “she was not fit to be a dog
catcher”. When we spoke to the Arrowhead Court Supervisor, she referred us
to Judge Quentin Tolby, who oversees the Arrowhead Court Complaints. Judge Tolby
stated that he watched the Hearing and we discussed at length our verbal
complaint and problems with part-time judge Melanie Deforest. When we
complained about the questionable rulings of part-time judge Melanie Deforest, we
were assured that Judge Keegan would be sitting on the Bench two days before
the Trial. When part-time judge Melanie Deforest came onto the Bench for our
Trial, we immediately made a Motion for Continuance for a Different Judge. She curtly
and snidely denied our motion.
We attempted to
present the facts that our Witnesses had been pressured not to come to our
Trial by the defendant and opposing counsel and that one witness, Cliff Dyrland,
was missing. We stated that the Trial date desperately needed to be rescheduled.
Still, part-time judge Melanie Deforest refused to listen to our objections and
gave us an abusive, stern lecture that it was our fault that our witnesses did
not show up for Trial. She denied our Motion for Continuance and forced our Trial
to continue without any of our witnesses available, which set us up to fail. We
have later learned that our witness, Cliff Dyrland, was in a coma in
John C. Lincoln Hospital
We had timely made
a Motion for Change of Venue in our second, related Trial (CC2010-038651) held on August 19, 2010 at Arrowhead Court Arizona
THE WRONGFUL DISMISSAL OF OUR EXHIBITS
Opposing
counsel, Scott Williams, is also a 20+-year attorney and a part-time judge in Mesa Arrowhead
Court Arrowhead Justice Court Justice Court
We are able to
compare Melanie Deforest’s Judge Skills and Procedures to our second Trial
(CC2010-038651) in the Arrowhead
Court
THE WRONGFUL BADGERING, THREATS, AND INTERRUPTIONS
OF OUR TESTIMONY AND QUESTIONS
It was nearly
impossible for us to speak in Court due to the abusively rude and
dictatorship-like control part-time judge Melanie Deforest imposed upon us at
our Trial. We believe that was because
of our Complaint filed against her. She would not let me, Mark Fairall, or the
3rd Party Defendant, Carol Ann Buck, speak without interruptions or
badgering. She even told Carol Buck that she was on “thin ice” and threatened her, a liver transplant patient dying of
liver rejection due to the actions of the SGRV slumlord. It is difficult to
document all the insults, interruptions, and demeaning actions part-time judge
Melanie Deforest subjected us to in the Trial. We hardly completed one sentence
throughout the Trial, and we respectfully urge this Commission to watch the Trial Video of the
July 8, 2010 Courtroom Chamber of Horrors that she created which did not allow
us a fair and just opportunity to present our case and “have our day in court.”
Part-time judge Melanie Deforest’s undignified, harsh demeanor and body
language needs to be watched, not read in a transcript of proceedings.
This is why we have not submitted a court reporter’s transcript of this
Kangaroo courtroom Trial.
In comparison
with our other recent Arrowhead Trial (CC2010-038651)
on August 19, 2010, Judge Terry Smith was very kind and considerate with both in propria persona parties. She kept
control of the Court in a friendly manner and she knew the law. The is this is
completely opposite from part-time judge Melanie Deforest, who broke the Arizona
Code of Judicial Conduct Canons 1, 2, and 3 by failing to maintain a
High Standard of Conduct, by failing to Avoid Impropriety, and by failing to be
patient, dignified, and courteous to us at the Trial.
THE WRONGFUL INTERPRETATIONS AND MISUSE OF
THE LAW
Our Mistrial will highlight the
wrongful interpretations and misuse of the law by part-time judge Melanie
Deforest. Specifically, part-time judge Melanie Deforest:
1. Did not have a full understanding of
the Lawsuit: The first question
asked by part-time judge Melanie Deforest was: “Did you live at the apartment
house and did you have a lease?...I have read every single page of this lawsuit
and understand the case.” That question
and statement by part-time judge Melanie Deforest proves she is a liar. That was
such a ridiculous question if she really had a complete understanding of our
lawsuit and interrelated Arrowhead
Court
The
landlord counter-sued Mark Fairall for $9,999.99 for Interference of a
Contractual Obligation and Carol Ann Buck for $9,999.99 for Breach of Contract.
Of course, we lived at SGRV and the question showed an absolute inability of
part-time judge Melanie Deforest to properly understand the lawsuit and Trial. Her
judgments on the Countersuits showed she continued to misunderstand the law or
ignore it when she awarded Sun Grove Resort Village a $0 verdict against
Mark Fairall for Contractual Interference when Carol Buck pointed out to the
Court she made her own decisions and was not influenced at all. Also, she
awarded Sun Grove Senior Living LLC a $9,999.99 judgment verdict against Carol
Ann Buck and exceeded the $9,999.99 judgment limitation of Justice Court Arrowhead Court Arrowhead Justice Court
2. Wrongfully refused to allow all witnesses
to be properly questioned: It is pointed out that part-time judge
Melanie Deforest robbed us of our Court Judgment Award by blocking Mark Fairall
from properly questioning the defense witness, George Kieffer, who had key
information. I asked if I could question Mr. Kieffer, the opposing counsel lied
by saying that Mr. Kieffer had nothing to do with the Fairall part of the Trial,
and part-time judge Melanie Deforest sustained opposing counsel’s objection. Again,
part-
time judge
Melanie Deforest accepted the lies of opposing counsel and denied my legal right
to question Mr. Kieffer at our Trial. The opposing counsel lied and constantly duped
part-time judge Melanie Deforest in the Trial. This blocking of Mr. Kieffer’s
questioning prevented us from showing that Mr. Kieffer was threatening to kill
us and that we had an Injunction against Harassment filed against Mr. Kieffer
on October 2, 2009 and it was still in effect at our Trial date of July 8,
2010. This information would have prevented Carol Ann Buck’s Counterclaim
Judgment Award and would have showed that Sun Grove Senior Living, LLC was an unsafe
and unhealthy environment. This fact is supported by the fact that we were
afraid for our lives from the SGRV employee and our former renter, George
Kieffer, and part-time judge Melanie Deforest refused to let that evidence see
the light of day.
It is easy to
understand why opposing counsel, Scott Williams, did not want Mark Fairall to
question Mr. Kieffer because Williams had a conflict of interest between he and
his SGRV client for this Trial. Scott Williams represented Mr. Kieffer in Mark
Fairall’s other Arrowhead Court Case (CC2010-038651)
and set up an unknown and unapproved Stipulation Agreement which absolved Mr.
Kieffer of all his unpaid rent and damages to the Mark Fairall rental house.
That illegal Conflict of Interest cost us nearly $20,000 in uncollectible back
rent and damages and the State Bar of Arizona has been made aware of the
Collusion between our former attorney, Mark Tucker, and Scott Williams with Bar
Complaints of Collusion (Exhibit 6 – Mark
Tucker Bar Complaint Letter dated August 31, 2010). Also, Mr. Kieffer was fully aware that the former Sun
Grove Senior Living, LLC employee, Gail Magnuson, stole the Fairall house counter-top located in the Fairall rental house where Mr. Kieffer and Ms. Olach
previously lived. Mr. Kieffer was also aware that another former SGRV Employee,
Jim Sedlock, installed the stolen Fairall counter-top in the SGRV dining room
located at 10134 W. Mohawk Ln. ,
Peoria , AZ 85382
That Counter-top Theft was part of our original Complaint and Mr. Kieffer’s testimony would have
completely prevented our Trial loss and obligation for the defendant’s attorney
fees and court costs (Exhibit 7 –
Kieffer Trial Documents). That wrongful barring of Mark Fairall’s legal
right to question a witness was a direct violation of the Sixth Amendment to the United
States Constitution and it prevented us a fair opportunity to present
our case at the Trial.
3. Wrongfully refused to rule that the illegal
$450 dog fee collected was a debt of the new owner: The
part-time judge Melanie Deforest made another wrongful interpretation of the
law when she said the $450 illegal collection of a pet fee for a Service Dog
was the obligation of
the old owners and not of the new owners. The corporate structure was explained
to the Court in previous pleadings which part-time judge Melanie Deforest adversely
ruled upon. It was presented to the Court that 19 owners purchased the property
as a tax shelter investment property through the alleged $200 Million Ponzi
Scam artist, James Koenig, over four years ago. The 19 out-of-state investors
got the Ownership Deed to the property when California, Shasta County Superior
Court, prosecuted James Koenig and his Management Company, Oakdale Heights, on
May 9, 2009. Mr. Koenig has his Trial set for November 9, 2010 in California California
Also, we
attempted to make her aware that this Arrowhead
Court
“Judge Deforest also incorrectly ruled by
not allowing the debt owed to Mark Fairall for the illegally collected $450 Dog
Deposit Fee for a Service Dog to stand by stating the debt belonged to the
previous owner which is incorrect according to the ARS 47-2611 Anticipatory Repudiation. In fact U.C.C.-Article 2-Sales-Part 6. Breach, Repudiation and Excuse allows
the “Binding Effect” where the owners take over the rights and debts of the old
owners. Judge Deforest’s incorrect denial of the legal $450 debt owed me
allowed Sun Grove Resort
Village
4.
Wrongfully was misled by opposing counsel to ignore SGRV corporate
history and blocked newly discovered evidence at the Trial: It is very
apparent why opposing counsel, Scott Williams, took such an active role in this
small Justice Court case defense for SGRV because he wants the SGRV corporate
history to remain buried and wants to keep Seniority, Inc. from possibly facing
a huge Elder Abuse Judgment. The SGRV owners are the same 19 investors for the
past four years, but the senior living apartment house changed Management
Companies from Oakdale
Heights Oakdale Heights Oakdale Heights
We attempted to
communicate this SGRV corporate history through our Motions and at the Trial,
but it was completely misrepresented by opposing counsel and the part-time
judge Melanie Deforest blocked our testimony. The “Piercing of the LLC Shield”
for SGRV’s illegal activities and management pattern of an underfunded
corporation and senior abuse were supported by case law and presented in our
March 23, 2010 Motion to amend the complaint to specifically name the five
property manager/owners as defendants (Exhibit
12 – 3/23/10 Motion to Amend the Complaint to Add Specifically Named Owners/Managers),
but that motion was denied by part-time judge Melanie Deforest. On
April 22, 2010 we made another Motion to add all 19 investor/owners as
defendants (Exhibit 13 – 4/22/10 Motion
to Amend the Complaint to Specifically name All The Property Owners as
Defendants), but part-time judge Melanie Deforest denied that motion and
let all of the owners off the financial hook which prolonged this lawsuit and
made any collection of our Lawsuit Award impossible. It took many calls to this
Court to obtain correct Minute Entries for the April 22, 2010 oral argument
held in the Arrowhead Courtroom because part-time judge Melanie Deforest had
wrong dates on the entry and was confused who the defendants and plaintiff were
in the case. We never got a totally correct Minute Entry for the April 22, 2010
oral argument which was the hearing where part-time judge was very befuddled
and extremely rude resulting in our judge Complaint (Exhibit 14 - two incorrect 4/22/10 oral argument Minute Entries).
It is extremely
important to point out to the Court that we were attempting to make the out-of-state
tax dodging investors of Oakdale
Heights Arizona
simultaneously occurred as the California California California
“The jury sent a loud message to elder-care
providers who choose profit over people and ignore laws designed to protect our
community’s most vulnerable members. This type of conduct will not be
tolerated.” (Exhibit 10 – 3/10 Newspaper Reports & Information of Oakdale Heights
The opposing
counsel objected when we asked the defendant, Scott Williams, if he knew Beverly Seigel,
another resident who lives at SGRV. Again, the part-time judge blocked the
questioning concerning the newly discovered evidence that we had just
received concerning the fact that Beverly Siegel tried to rent Carol Buck’s previous
SGRV apartment but was declined by Scott Green because she was told it was full
of mold.
The opposing
counsel objected when we asked the defendant, Scott Green. about the
advertising on-line stating SGRV was an assisted living facility with a 24/7 monitored
emergency call system. Again, part-time judge Melanie Deforest also blocked that
line of
questioning
because opposing counsel stated SGRV was not actually in control of on-line
advertising. This was another opposing
counsel lie and we have followed up on the twelve senior living referral companies
disclosed in their own evidence and we have removed five on/line ads misstating
that SGRV is an Assisted Living Facility with a 24/7 monitored resident emergency
alarm system. We also have a magazine where SGRV misrepresents their services as
newly discovered evidence being presented in the MISTRIAL (Exhibit 15 – The CB Time – SGRV Ad – May
2010).
The opposing
counsel objected when we asked their Mold Examiner, Environmental Consulting,
Inc. for lab information of Terra Science Laboratory, Inc. which processed the
mold air samples taken on 10/16/09 at Carol Buck’s previous SGRV apartment. We
now have newly discovered evidence which verifies that Terra Science
Laboratory Inc. has gone out of business because of poor work and is no longer
used by Environmental Consulting, Inc. The
opposing counsel misused the Court by blocking the new discovery questioning. Again, part-time judge Melanie
Deforest went along with the devious opposing counsel and blocked the new
evidence exploration. Finally, part-time judge Melanie Deforest had totally set us up for complete failure in our
Trial by blocking all our witnesses, blocking our old evidence, and blocking
our new discovery exploration.
5. Wrongfully failed to follow proper courtroom
procedures and protocols which allowed blatant perjury by the defense witnesses:
The proper procedures and
protocols of a Judge are to have all the witnesses be removed from the trial courtroom
in order to insure independent and uncollaborated testimony in accordance with 28
U.S.C & Fed. R. Civ. P. 83. In the July 8, 2010 Trial, none of the
defense witnesses were asked to leave the courtroom and they all had the
opportunity to hear all the witnesses and set up consistent lies. The lies
became very apparent in the Trial when the five SGRV witnesses
testified under
oath as to the wrong date of September 18, 2009 for the water leak in Carol
Buck’s SGRV apartment. We attempted to point out that three witnesses perjured
their written documents (Exhibit 16 –
SGSL #095 & #096 – 9/18/09 Kieffer Perjury / SGSL #097 & #098 9/18/09 Olivares
Perjury / SGSL #099 – 9/21/09 Bennett Perjury) before the part-time judge
Melanie Deforest with the defense’s own Exhibits of the work orders requested by Carol Buck stating the water leaks
were October 2, 8, and 10, 2009. (Exhibit
17 – SGSL #105 & #106 – Buck’s Maintenance Request listing correct water
leak dates). When it was pointed out to the part-time judge Melanie
Deforest that the witnesses were perjuring themselves, she simply ignored the
truth and let the dummied up documents of the opposing counsel not to be
questioned and accepted the coached witnesses’ perjuries as the truth. Scott
Green, the Executive Director of Sun Grove Senior Living LLC, constantly
perjured himself and lied on the stand by stating that they never
advertise as an Assisted Living Facility and never stated they had a monitored
24/7 emergency alarm system for the residents. We could not even get Scott
Green to admit that Mark Fairall was in charge of the Ambassador Committee, a
resident’s counsel, which helped the renters at the location.
When he was
shown his own letters written about Mark Fairall being the Chairman of the
Ambassador Committee, he would not acknowledge the truth. Finally, I said to
the part-time judge Melanie Deforest in the Trial when I was examining Scott
Green: “I cannot make him tell
the truth your Honor.” (Emphasis added)
Perjury was rampant in the Courtroom by the defense witnesses, and part-time
judge Melanie Deforest did nothing to stop it.
Melanie Deforest
committed misconduct by ignoring the proper courtroom procedures and protocols
in our July 8th Trial. Judge Terry Smith followed proper courtroom
procedures in our August 19, 2010 Trial by having all the witnesses for both
the prosecution and defense sit outside the courtroom until it was their time
to testify. Judge Terry Smith insured a fair and just Trial by not allowing any
perjury or collaborated witness testimony: part-time judge Melanie Deforest did
not and totally failed as a judge by not enforcing the law with fines and/or
jail time for perjury.
SUMMARY
We are very
concerned that part-time judge Melanie Deforest is unfit to be a part-time
Justice of the Peace because she lacks the understanding of the law since she
is not a lawyer and has a very limited two-year background of assisting the
Arizona Justice Court System. She used a very harsh and abrasive manner of
dealing with us in the Court Trial by using Berating, Shouting, Threatening, Intimidating,
Interrupting, Degrading, and Badgering Conduct from the Bench with little or no
respect or courtesy toward us as non-lawyers. The Arizona Justice Court System
does not need part-time judge Melanie Deforest making unsound judgments based
upon her own lack of professionalism, lack of common sense, lack of
fair-mindedness, and lack of knowledge. In fact, her strange abusive behavior
may indicate that she has a mental problem because she is non compos mentis. That evidence of not being of sound mind is
demonstrated when she threw out of Court our 94-year old threatened witness,
Millie Toedebusch because her driver, John Roberts whispered to Millie he
thought she was “doing a terrible job”. Both Mr. Roberts and Mrs. Toedebusch are
willing and anxious to testify about this judge’s misconduct. Also, Stephanie
McMahon witnessed the Courtroom Circus created by part-time judge Melanie
Deforest. Ms. McMahon has sat on the Arizona State Bar Ethics Committee Review Board
and she stated:
I have never seen a worse and more abusive
judge in my life and she should be taken off the Bench. I would not have
believed what happened in Court unless I had seen it myself.”
Ms McMahon is
willing and anxious to testify about this part-time judge’s misconduct.
It is abhorrent that part-time judge Melanie
Deforest lacks integrity and abused her part-time judge
position to help herself. This was
especially evident in our Trial when she did not recluse herself from our Trial
when we had previously filed a Complaint with the Court. We feel that all her
motion decisions, Court style, and final judgments were hostile and against us
because she was upset about our initial Complaint against her. We believe her ultimate
goal was to be elected to the Estrella Mountain Justice of the Peace Position
and she did not want any negative press because of our Complaint. This is a
huge violation of the Arizona Judicial Conduct Code Cannon 4 Section
C Conflict of Interest which states:
“Judicial
employees shall mange personal and business matters so as to avoid situations
that might lead to conflict, or the appearance of conduct, in the performance
of their employment.”
Finally
part-time judge Melanie Deforest violated the Arizona Judicial Code Cannon 5 –
Judicial Employees Shall Refrain From Inappropriate Political Activities (B)(1)
when her police officer and Campaign Manager husband filed a Police
Report against her Estrella Mountain Justice of the Peace opposition David
Osterfeld for moving one of her signs. Part-time judge Melanie Deforest did not
maintain did not maintain the dignity of her Political Campaign and she failed
to encourage the same for her husband. We
believe Arizona Department of Public Safety Officer Kyle Deforest, part-time
judge Melanie Deforest’s husband, misused his Police Officer status and tried
to smear opponent David Osterfeld’s good name by filing a very petty and public
Police Complaint for illegally moving part-time judge Melanie Deforest’s
Campaign sign only one month before the Primary Election (Exhibit 18 - 7/10/10 WEST VALLEY VIEW Newspaper Article – “JP
Candidate Accused Of Tampering with Rival’s Campaign Sign). This was a “last
ditch” desperate act by the Deforest Family to help part-time judge Melanie
Deforest win the $90,000+ a year job full time as a Justice of the Peace to
replace her regular job as a group fitness instructor at Lifetime Fitness. It
also supports the fact that she was shocked about our Complaint on 4/23/10 and
made the desperate act of punishing us and trying to bury us by blocking our
ability to obtain a fair Trial in her Chamber of Horrors Courtroom. It is very apparent
that the Public is fully aware, by the recent August Primary Election Results
in the Estrella Mountain Area, that part-time judge Melanie Deforest is not
ready to make the leap from non-lawyer, full-time fitness instructor, and 2
year part-time judge to a full time Justice of the Peace Judge because she
placed a distant third with only 2417 votes (18.95%).
This Formal
Complaint to the State of Arizona
Commission Arrowhead Justice Court
We affirm, under penalty of perjury that
the foregoing information and the allegations contained in the above complaint
details are true.
Date: September 9, 2010
____________________________________
Mark R. Fairall
____________________________________
Carol Ann Buck
Attachments: Exhibit 1 – 7/1/10 Motion to Strike Late Disclosure –
Pages 1
Exhibit 2 –
6/10/10 Amended Disclosure – Page 6
Exhibit 3 – 6/10/10 Fairall Letter to Williams – Page 11
Exhibit 4 – Osterfeld Ad – Page – Page 13
Exhibit 5 – 7/8/10 Fairall’s Opening Statement – Page 18
Exhibit 6 - 8/31/10 Mark Tucker Bar Complaint Letter –
Page 23
Exhibit 7 – 8/19 /10 Kieffer Trial Documents – Page 26
Exhibit 8 – 8/30/10 Motion to Stay Debtor’s Hearing – Page
105
Exhibit 9 – 4/21/08 Seniority Inc. News – Page 142
Exhibit 10 – 3/2010 - Oakdale Heights
Exhibit 11 – 4/21/10
Motion to Disqualify Opposing Counsel–Page 150
Exhibit 12 – 3/23/10
Motion to Amend Complaint
Naming
5 Owners – Page 155
Exhibit 13 – 4/22/10
Motion to Amend Complaint
Naming
all Owners – Page 179
Exhibit 14 – Two
Incorrect Minute Entries
for
4/22/10 Oral Argument – Page 209
Exhibit 15 – 5/10 The CB
Times – SGRV False advertising – Page 212
Exhibit 16 – Perjury
Trial Documents for
Kieffer/Olivares/Bennett
– Page 214
Exhibit 17 – 10/10/09
Work Order Request by Carol Buck – Page 220
Exhibit 18 –
7/30/10 WEST VALLEY
Sign
Tampering – Page 223
cc: Arrowhead Justice Court
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