OCCUPY.COM Expose Courts Blocking the Public From Sitting In On Trials In Georgia Courts, What Better Way to Show How Corrupt The Courts Are?

OCCUPY.COM EXPOSES GEORGIA’S COURTS DENYING THE PUBLIC ACCESS TO COURT PROCEEDINGS!

I am quite pleased that someone took notice. The Judges in Georgia are akin to little despots. No doubt, a Judge is God in their Courtroom, but they don’t have the right to Deny the public access, so that they can violate one’s Civil and Constitutional Rights while they sneakily do it.

accused flanked by attorneys at sentencing court

EXPOSED: GEORGIA’S COURTS ARE BREAKING THE LAW BY DENYING PUBLIC ACCESS
TUE, 9/24/2013 – BY TANYA GLOVER

Courtrooms aren’t just a place where justice is served and legal decisions are made. They are also a place for the public to go and see how the justice system works: people enjoy viewing trials and hearings, even if they have no personal stake in them. Viewing public trials is the public’s legal right.

However, revelations by a judicial oversight commission in Georgia show that numerous judges in the state, including some in Atlanta, are violating the law by denying public access to courtrooms in cases ranging from bail hearings to standard trials.

There are some cases in which closing courtrooms to the public is legal, and the circumstances for this are carefully outlined in official Georgia State documents that make the points for legality clear. But according to a recent report in The Atlanta Journal-Constitution, investigations by the state’s judicial oversight commission found the practice of sealing off courtroom access widespread across Georgia — and in most cases, illegally.

Instead of typical open courts, there are now signs posted on courtroom doors stating access is denied to either the general public or specific groups of people, including kids. Bailiffs sometimes stand in place of the signs, blocking entry to the court despite people’s legal right to go in, said Robert Ingram, an attorney from Marietta, Ga., and chairman of the state’s Judicial Qualifications Commission.

“We’ve had our own investigators and commissioners go out and visit a courtroom and they have been greeted by a bailiff or a deputy sheriff and been told to state their business or otherwise they don’t need to be there,” Ingram said.

But why the closed rooms and bans on view judicial proceedings in the first place? Under Georgia’s law, closing off or banning someone from the courtroom can be done at a judge’s discretion. For instance, an unruly or disruptive person, whether child or adult, can be removed. Or there may be a case not considered proper for people under the age of 18 to attend.

More often, however, judges these days claim they are keeping out the public because of lack of space in the courtroom. One instance that put this closed court behavior in the spotlight was the jury selection for Andrea Sneiderman, in which DeKalb Superior Court Judge Gregory Adams lifted the public ban stating that people who wished to be present for the selection had the right to do so.

Seemingly arbitrary court closures by judges in the Peach State are nothing new. Back in 2011, Barbra Mobley, a DeKalb County State Court Judge, resigned after investigations were launched by the Judicial Qualifications Commission alleging that her court featured bailiffs questioning people illegally about why they wanted to observe the cases on the docket.

The phenomenon is occurring statewide. In both Crisp and Ben Hill counties, the Southern Center for Human Rights (SCHR) filed suit against the practice of closing courts to the public. In those counties, it’s been common that courts remain closed off even to the family members of both victims and the accused, other than their attendance at guilt pleas during the trials’ conclusions.

Further investigations have showed that closed courts are more common than first thought. According Gerry Weber of SCHR, this is causing a major problem with transparency. “A closed courtroom is one that is less accountable to the public. What is done behind closed doors can be different to what is done in the cold light of day,” he said.

Many judges are following the closed court lead, including Judge T. Jackson Bedford of the Fulton County Superior Court, Judge Clarence Seeliger of the DeKalb County Superior Court, and Judge Patsy Porter of Fulton State Court. Attempts by The Atlanta Journal-Constitution to contact these servants of the people were unsuccessful, as were the attempts made by Occupy.com.

There are some positive signs as well, however. Judge Christopher Brasher of Fulton Superior Court says he was unaware that the practice of closing courts was occurring in his courtroom, and quickly put a stop to it. Brasher attributed the action to “overzealous deputies, who provide security and order.” He has since ordered that no one be keep out of the court, and that no signs excluding any specific group be put up without his written consent.

Judges Todd Markle and Robert McBurney, both of Fulton Superior Court, say they were not aware the public was being deterred with signs from entering their courts, and that this step was taken without their permission. However, there is debate about the judges’ knowledge of the situation. Each county sheriff’s department is responsible for court security, and Fulton County Sheriff’s Department spokesperson Tracy Flanagan says they do not make or affix signs nor are signs permitted without the consent of the presiding judge.

The Judicial Qualifications Commission issued an opinion on the matter, from the commission’s director Jeff Davis who said massive amounts of complaints have come from the public about access to courtrooms. “Our efforts to educate judges about these issues have resulted in the type of response we would have anticipated,” said Davis.

“Judges are complying with the opinion and modifying practices accordingly. Since the issuance of our Opinion, we have been encouraged by the response of judges and the willingness to bring their courts into full compliance with the law.”

JPMorgan Chase said the US Department of Justice was probing its foreign exchange operations

http://en.ria.ru/business/20141104/195078092/JPMorgan-Faces-Up-to-59-Bln-in-Losses-Over-US-Criminal-Probe.html

MOSCOW, November 4 (RIA Novosti) – America’s largest banking company JPMorgan Chase said the US Department of Justice was probing its foreign exchange operations, with legal procedures expected to cost it up to $5.9 billion, Reuters said on Tuesday.

195078045

The agency cited JPMorgan as saying in its regulatory filing that US criminal investigators were looking into its spot foreign-exchange trading business and associated controls.
It added the bank has been in talks with the Justice Department but noted there was “no assurance” that these negotiations would eventually lead to a settlement.
JPMorgan Chase is a multinational banking and financial services holding company with assets estimated at a total of $2.5 trillion.
Throughout its 14-year-long history, the company has stood accused of mortgage overcharging, alleged manipulations of the energy market, sanctions violations and obstruction of justice by its employees.

Good Ole Supreme Court of Georgia! Quite a Bit Different Than Their Yearly Address States They Feel!

http://law.justia.com/cases/georgia/supreme-court/2014/s14a0391.html

(It did not copy across very well, but click the link to get there from here).

In the Supreme Court of Georgia
Decided: July 11, 2014
S14A0391. MITCHELL et al. v. WELLS FARGO BANK, N.A. et al.

HUNSTEIN, Justice.
Appellants Richard and Deborah Mitchell appeal from the dismissal of
their lawsuit against Appellees Wells Fargo Bank, N.A., Mortgage Electronic
Registration Systems, Inc. (“MERS”), and their successors.1 We find that the
trial court properly granted Appellees’ motion to dismiss based on a bill of
peace, which barred Appellant Richard Mitchell from filing future lawsuits
without prior court approval. Therefore, we affirm.2

In November 2005, Richard Mitchell (“Mitchell”) obtained title to
property located at 455 St. Regis Drive, Alpharetta, Georgia, and executed a
security deed in favor of MERS, who subsequently assigned the security deed
1Appellants specifically named as defendants “any unknown heirs, devisees,
grantees, creditors, successors in interest, and other unknown persons, or unknown
spouses claiming by, through and under any of the . . . named defendants.”
2Appellants filed their appeal in the Court of Appeals, which transferred this
case to this Court because a substantive issue on appeal involved the legality or
propriety of an equitable bill of peace.

to Wells Fargo as trustee. The property was foreclosed upon after Appellants
became delinquent on their mortgage payments, and Wells Fargo purchased the
property at a foreclosure sale on February 3, 2009. Since that time, Appellants
admit that they have made numerous “dilatory filings,” proceeding pro se, in
state, federal, and bankruptcy courts.

In May 2010, Mitchell filed a complaint against Wells Fargo in Fulton
County Superior Court in case number 2010-CV-185623. Wells Fargo moved
to dismiss the complaint and moved for a bill of peace pursuant to OCGA § 23-
3-110 against Mitchell as a measure to end Mitchell’s “meritless filings” in state
court. On July 21, 2011, the trial court issued an order granting Wells Fargo’s
motion to dismiss for lack of jurisdiction because Mitchell had not properly
served Wells Fargo. The court also granted Wells Fargo’s motion for a bill of
peace, finding that the records of Fulton County courts reflected “nothing less
than repeated and contemptuous behavior in the courts of this State” and that the
lengthy history of filings in federal court showed a pattern of behavior by
Mitchell consistent with his state filings. The court concluded that pursuant to
OCGA § 23-3-110, “a bill of peace [was] warranted, in order to stop [Mitchell’s] abuse of the courts of Georgia.”   The court permanently enjoined Mitchell from filing any pleading or complaint related to the foreclosure and eviction from the property at issue for a period of five years unless Mitchell first received written approval from the court. The court continued that if Mitchell did file such a complaint, Wells Fargo was under no duty to respond, and the complaint or any pleading would be subject to dismissal immediately.  

Mitchell moved to set aside the order granting the bill of peace, which the court denied rally during a hearing on February 19, 2013.

3OCGA § 23-3-110 provides as follows:
(a) It being the interest of this state that there shall be an end of
litigation, equity will entertain a bill of peace:
(1) To confirm some right which has been previously satisfactorily
established by more than one legal trial and is likely to be litigated
again;
(2) To avoid a multiplicity of actions by establishing a right, in favor
of or against several persons, which is likely to be the subject of legal
controversy; or
(3) In other similar cases.
(b) As ancillary to this jurisdiction, equity will grant perpetual
injunctions.
4The court also ordered Mitchell to pay Wells Fargo $4,000 in attorney fees.
5At the time of the filing of this appeal, the trial court had not issued a written
order memorializing its oral ruling denying Mitchell’s motion to set aside.
3
Meanwhile, on May 24, 2012, Appellants, proceeding pro se, filed a
complaint to quiet title and for injunctive relief with regard to the property
against Appellees in Fulton County Superior Court in case number
2012-CV-215444. Wells Fargo moved to dismiss the complaint, arguing inter
alia that Mitchell had failed to receive prior written court approval in violation
of the bill of peace. Appellants did not respond. On October 18, 2012, the court
granted Wells Fargo’s motion to dismiss based on good cause, including the fact
that Mitchell was barred from filing the complaint pursuant to the bill of peace.
Thereafter, Appellants, represented by counsel, filed a motion to reconsider the
order dismissing their complaint, a motion to set aside the dismissal order, and
an emergency motion for stay of execution of writs of possession pending a
ruling on Appellants’ previously filed motions. On November 2, 2012, the court
denied all three of Appellants’ motions.
Appellants now appeal the dismissal of their complaint, contending that
because the court dismissed Mitchell’s complaint for lack of jurisdiction over
Wells Fargo in case number 2010-CV-185623, the court had no jurisdiction over
Wells Fargo to grant them the relief sought in the bill of peace. They assert that
because the court lacked jurisdiction over Wells Fargo, the bill of peace was
4
facially void and a nullity, and they may collaterally attack this void order in this
appeal. Appellants thus assert that the trial court erred in dismissing their
complaint in case number 2012-CV-215444 by relying on a void bill of peace.
Appellees respond that the bill of peace was not void because the court had
jurisdiction over Mitchell, and therefore, that the dismissal based on the bill of
peace was not in error.
We agree with Appellees. In case number 2010-CV-185623, Wells Fargo
made a special appearance and thereby consented to the court’s jurisdiction for
the limited purpose of filing its motion for a bill of peace, while at the same time
contesting the court’s personal jurisdiction over it with respect to Mitchell’s
complaint. Additionally, the court had personal jurisdiction over Mitchell, and
Appellants do not argue to the contrary. Therefore, the trial court had
jurisdiction to issue the bill of peace, and it is not void on its face.6 See Nally
v. Bartow County Grand Jurors, 280 Ga. 790 (1) (633 SE2d 337) (2006) (order
was not void where the appellant failed to show that the court lacked personal
or subject matter jurisdiction).
6We make no ruling on the propriety of the merits of the bill of peace.
Without any order setting aside the bill of peace or a reversal thereof on
appeal, it remains binding on Mitchell. Accordingly, we find that the court’s
dismissal of Appellants’ complaint in case number 2012-CV-215444 based on
Mitchell’s failure to comply with the bill of peace was proper. See Rolleston v.
Kennedy, 277 Ga. 541, 542 (591 SE2d 834) (2004) (summary dismissal of
complaint was correct due to a previously issued bill of peace, which enjoined
the plaintiff from claiming an adverse interest in certain property or filing any
lawsuit without prior written court approval).8
Judgment affirmed. All the Justices concur.
We note that the bill of peace names only Richard Mitchell. Deborah
Mitchell, however, makes no argument that the bill of peace does not apply to her as
well. In any event, we note that an injunction – which is like an equitable bill of
peace in many respects – binds not only the persons named in the injunction, but
“their officers, agents, servants, employees, and attorneys,” as well as “those persons
in active concert or participation with them who receive notice of the order by
personal service or otherwise.” OCGA § 9-11-65 (d).
8Appellees’ motion to dismiss for lack of jurisdiction is hereby denied.

ANYBODY CAN FORECLOSE ON YOU IN GEORGIA!

WTF?

The Georgia Supreme Court determined back when they made the ruling on the You case, that the foreclosing entity does not have to hold the Note, does not have to hold the security deed, and does not have to have an interest in the loan.’

It should not surprise anyone, they had been allowing it to go on for a long time.  Now, I am seeing the people who were foreclosed upon between 4 and 6 years ago, are being foreclosed upon again, but this time, by someone new, a different Lender, that never existed.  One day the real Lender will come, and they too will foreclose on the borrower.

Has everything gotten so bad, that the courts just don’t care?  What ever happened to contract law?  Are they going to allow all contracts to be violated by lenders, or just when it comes to real property?

I saw someone the other day, Bank of America had allegedly foreclosed upon the man.  Bank of America not only foreclosed, but evicted  the man as well.  Bank of Americas name is on the  Deed Under Power.  Bank of America swore under Oath that they were the current party with right to foreclose.  A month and a half later, US Bank sold the property to a third party, because they claim that they were the party with rights to the property.

So lets’s get this straight, when did Bank of America turn into US Bank?  There was nothing in the record showing Bank of America had any claim to the Note or Deed, nothing showing that Bank of America is anything to the loan.  The Deed Under Power of Sale, has Bank of America’s name on  it, with some of those squiggly marks that the foreclosing attorneys have been signing for years, to create a fictional assignment.  But… US Bank be damned, they were going to get some of that action.  So without any documentation recorded anywhere, of any kind, US Bank sold the property to a third party.

Good Ole DeKalb County!

 

http://biscuette.com/2012/07/16/fake-gregory-adams-debra-deberry-fun-new-characters-in-the-tragi-comedy-of-dekalb-county-government/#comment-2552

le biscuette Has It Right, Thank You For Your Truthful Rendition of DeKalb County, Georgia!!!

Fake Gregory Adams, Debra DeBerry Fun New Characters in the Tragi-comedy of Dekalb County Government

July 16, 2012

By 

Ah, Dekalb County, what a thriving bastion of the American spirit. We’ve been blessed with such American heroes as Congresswoman Cynthia McKinney, who proudly took to Libyan state television to decry US involvement in the movement against brutal dictator Moammar Gaddafi; there’s former Dekalb CEO Vernon Jones, for whom Dekalb taxpayers are on the hook for upwards of five million dollars in legal fees for a reverse discrimination lawsuit; we’ve got Dekalb school superintendent Crawford Lewis, indicted for operating a “crime ring” from his post. And these are just the most visible of our trusted public servants. Beneath the crusty surface of Dekalb County’s political life–embodied by McKinney, Jones, Lewis, and the like–is a colorful cast of crooks and con artists whose power to defraud derives from their elected or appointed post.

The July 31, 2012 political primary election has brought forth at least two fun new characters. And that’s sort of exciting, isn’t it? It’s like getting a new Angry Bird, or a zany addition to the cast of the Simpsons. It’s a fun addition to what is already a colorful and hilarious mix of deviants, a new car full of clowns to delight and entertain us as they bilk our precious tax dollars, and wreck our sacred institutions, for their own corrupt ends.

Let’s turn first to Debra DeBerry, who currently sits as the Clerk of Superior Court of Dekalb County. This is basically the person in charge of administering the functions of the highest county court, where death penalties can be issued, huge civil verdicts reached, marriages dissolved–basically, all the most important and consequential events that can happen in the life of a county. How did DeBerry become the Clerk? You’d assume she was elected, right? Nope. Or appointed by the governor, something to that effect? Not exactly. Deberry became Clerk in 2011 after the long-term Clerk, Linda Carter, resigned. No big deal, right? Well…

According to lawyers representing Linda Carter, Carter didn’t write her resignation letter. It was written by–guess who?–Debra DeBerry, signed by Carter, and then delivered to the governor’s office that very day by one of DeBerry’s subordinates. At the time, Carter was suffering from an Alzheimer’s-like mental illness. The kicker: not only did the DeBerry-drafted letter announce Carter’s resignation, it also named DeBerry as Carter’s replacement. Some coverage of the scandal below:

Now, of course, DeBerry denied wrongdoing. And apparently the lawsuit was settled before trial, so we’ll never know who was “right or wrong” here. But the entire situation smells incredibly nasty, doesn’t it?