Tuesday, November 24, 2009

Judge Tranberger Colludes with Conservator to Deny Rights of Theft Victim

Janet Phelan

258 A Street 1-15

Ashland, OR 97520

November 17, 2009

Judge Tranbarger:

I am asking you to recuse yourself from hearing any matters pertaining to RIP 080974. You have had ex parte communication with the other side which you failed to disclose. The ex parte communication resulted in your withdrawing your action concerning sanctions against attorney J. David Horspool for failure to appear on October 9th and then offering excuses for him, in absence of his making any statement (in open courtroom, that is) concerning his reasons for failing to appear. When pressed by Petitioner for an explanation, attorney Horspool gave a false statement as to the hearing date and time, which you accepted without challenge. Horspool is representing Melodie Scott in this matter.

Your ex parte communication also involved an agreement that the other side would not be compelled to produce records concerning alleged criminal financial activity on the part of the other side involving the Bank of America account belonging to my mother, Dr. Amalie Phelan, as well as documents pertaining to her Visa cards. Instead, you issued a pre-arranged suggestion that I subpoena these records from the bank. Shockingly, my informant detailed that this pre-arrangement included an agreement that the subpoena would not be fruitful. As disturbing as this appears, I must remind you that Commissioner Burgess has similarly colluded with the other side by producing TWO minute orders for the same event, one of which contained a gag order on Petitioner, and that Petitioner was not served with that version of the order. This put me at risk for unknowingly violating a “court order” and thus opening the door for my being jailed for contempt of court. The fact that the court has already tampered with documents in order to deprive Petitioner of her rights is thus, sadly, nothing new.

You have also denied my request that the other side produce records relating to monies distributed to the other beneficiary when the core of my case is that monies were paid to the other beneficiary in excess of what the court ordered and authorized.

In addition, you have violated my right to due process by denying my ex parte application for a Request for Reconsideration. Tellingly, you give no reason for such a brazen and illegal denial of my constitutional rights. The Request for Reconsideration details the illegality of your order that I respond to the final accounting in too short a time for someone living out of the country. CCP 1013 (a) details the extension of time allowed for out of the country service and response. International treaties also mandate the extension of time accorded to someone living out of the country.

You are thus obstructing my cause at nearly every turn, and doing so with brazen disregard for the law. Your extreme prejudice against the rights of Petitioner , evidenced by the above, render you incapable of acting in an impartial and just manner. I request you step down immediately from this case. You may have already been informed of my intent to involve The Hague in resolving the depraved and highly illegal shenanigans that have occurred in Riverside Probate Court. Please govern yourself accordingly.


Janet C. Phelan

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