COMPLAINT FORM JUDICIAL COUNCIL OF THE NINTH CIRCUIT COMPLAINT OF JUDICIAL MISCONDUCT AND DISABILITY MAIL THIS FORM TO THE CLERK, UNITED STATES COURT OF APPEALS, P.O. BOX 193939, SAN FRANCISCO, CALIFORNIA 94119-3939/tdc. MARK THE ENVELOPE "JUDICIAL MISCONDUCT COMPLAINT" OR "JUDICIAL DISABILITY COMPLAINT". DO NOT PUT THE NAME OF THE JUDGE OR MAGISTRATE ON THE ENVELOPE. SEE RULE 2(e) FOR THE NUMBER OF COPIES REQUIRED FOR FILING. 1. Complainant's name: Paul Andrew Mitchell, B.A., M.S. Address: c/o 2509 North Campbell Avenue, #1776 Tucson [zip code exempt] ARIZONA STATE Daytime telephone: [redacted] 2. Judge or magistrate complained about: Name: John M. Roll [sic] United States District Judge [sic] Court: United States District Court Tucson, Arizona state 3. Does this complaint concern the behavior of the judge or magistrate in a particular lawsuit or lawsuits? ( X ) Yes ( ) No If "yes" give the following information about each lawsuit (use the reverse side if there is more than one): Court: United States District Court Docket Number: GJ-95-1-6 (JMR) Are (were) you a party or lawyer in the lawsuit? ( X ) Party ( X ) Counsel ( ) Neither If party, give the name, address, and telephone number of your Counsel: n/a Judicial Complaint Against John M. Roll: Page 1 of 3 Docket numbers of any appeals to the Ninth Circuit: Ninth Circuit No. 96-16145 (case file is incorporated by reference as if set forth fully herein) 4. Have you filed any lawsuits against the judge or magistrate? ( ) Yes ( X ) No (not yet) If yes, give the following information about each lawsuit (use the reverse side if there is more than one): Court: n/a Present status of suit: n/a Name, address, and telephone number of your Counsel: n/a Court to which any appeal has been taken: (see above) Docket number of appeal: (see above) Present status of appeal: dismissed by 3-judge panel on June 28, 1996, by Order of Circuit Judges Noonan, Leavy and Tashima 5. On separate sheets of paper, no larger than the paper this form is printed on, describe the conduct or the evidence of disability that is the subject of this complaint. See rule 2(b) and 2(d). Do not use more than 5 pages (5 sides). Most complaints do not require that much. see attached letter to Federal Bureau of Investigation (incorporated by reference as if set forth fully) 6. You should either: (1) check the first box below and sign this form in the presence of a notary public; or (2) check the second box and sign the form. You do not need a notary public if you check the second box. ( ) I swear (affirm) that -- Judicial Complaint Against John M. Roll: Page 2 of 3 (X) I declare under penalty of perjury -- I have read rules 1 and 2 of the Rules of the Judicial Council of the Ninth Circuit Governing Complaints of Judicial Misconduct or Disability, and the statement made in this complaint is true and correct to the best of my knowledge. /s/ Paul Andrew Mitchell ________________________________________________ Paul Andrew Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Vice President for Legal Affairs, New Life Health Center Company All Rights Reserved Without Prejudice Executed on: November 30, 1996 Note: Complainant was never terminated from his position as Vice President for Legal Affairs of New Life Health Center Company, a pure trust, by lawful action of a Trustee authorized to do so, and therefore He continues to assert His lawful claim to that office, protestations by Dr. Eugene A. Burns to the contrary notwithstanding. email: supremelawfirm@altavista.net website: http://supremelaw.com copies: Judge Alex Kozinski, Ninth Circuit Kenneth Starr, Department of Justice, Washington, D.C. U.S. Marshals, Tucson, Arizona Federal Bureau of Investigation, Tucson, Arizona Attorney General, State of Arizona Governor Fife Symington, State of Arizona Speaker, Arizona House of Representatives President, Arizona State Senate Judicial Complaint Against John M. Roll: Page 3 of 3 # # # c/o 2509 N. Campbell, #1776 Tucson [zip code exempt] ARIZONA STATE September 13, 1996 Mr. Thomas H. Basham Supervisory Senior Resident Agent Federal Bureau of Investigation U.S. Department of Justice 201 East Indianola Phoenix, Arizona 85012/tdc Subject: Criminal Misconduct by John M. Roll, United States District Court, Tucson Dear Mr. Basham: Thank you very much for your letter to Me, dated September 9, 1996, concerning alleged criminal misconduct by a Federal District Court Judge in Tucson, Arizona. In your letter, you stated that My letter to the FBI does not contain sufficient detail to determine whether a criminal investigation is warranted. You also requested that I submit, to the Tucson office of the FBI, further documentation of the alleged misconduct, to include names, dates, and any other facts that may be pertinent. To this end, enclosed please find all the pertinent materials currently in My possession and control. The thread of evidence you should follow concerns the events which occurred immediately after a federal grand jury subpoena was first served on New Life Health Center Company in Tucson, Arizona state ("New Life"). Pay particular attention to the fate of all the U.S. Mail which We transmitted directly to the grand jury Foreperson in response to their subpoena. I was retained by New Life at that time to answer the subpoena (see enclosed PRIVILEGED COMMUNICATION, dated March 20, 1996) and to assist New Life with their civil defense. This PRIVILEGED COMMUNICATION was mailed to the Grand Jury Foreperson via Registered U.S. Mail, return receipt and restricted delivery both requested. The enclosed evidence will show that this PRIVILEGED COMMUNICATION was illegally intercepted by John M. Roll, who handed it to Robert L. Miskell in the office of the United States Attorney in Tucson. After investigating on Our own, and with the able assistance of the Postmaster, We decided to prepare and mail a FORMAL REQUEST FOR INVESTIGATION to the same federal grand jury. This request was mailed to the Foreperson on April 28, 1996 (see enclosed). This FORMAL REQUEST was also intercepted by John M. Roll, who also handed it to Robert L. Miskell. We have reason to believe that the federal grand jury never saw this FORMAL REQUEST either. At a subsequent hearing on the matter, John M. Roll admitted, on the official court record, that he had intercepted this FORMAL REQUEST. He also said that he had not opened it, but that he had given it to Robert L. Miskell. At that same hearing, Robert L. Miskell admitted, on record, that he had received this FORMAL REQUEST from John M. Roll, and that the mail in question simply contained a formal request that the federal grand jury investigate possible violations of federal law by Robert L. Miskell. We inferred from Miskell's comments that he had, indeed, opened this mail, because he was correct about its contents. At this point, We felt it was necessary to place the Foreperson of the federal grand jury on the Proof of Service list for all subsequent pleadings which We planned to file in that case. All together, some twenty-five (25) different pleadings were then filed under My signature, or under signatures of Mine and Dr. Eugene A. Burns. Some of these pleadings are affidavits. All pleadings currently in My possession and control are enclosed, for your review. Counting all 25 pleadings, the PRIVILEGED COMMUNICATION (26), and the FORMAL REQUEST FOR INVESTIGATION (27), none of which were ever delivered to the federal grand jury Foreperson to whom they were mailed, We count 27 counts of mail fraud, 27 counts of jury tampering, 27 counts of obstruction of justice, and 27 counts of conspiracy to commit all of the above, committed by a conspiracy of persons including, but not limited to, John M. Roll, Janet Napolitano, Robert L. Miskell, and Evangelina Cardenas. Other likely accessories to these crimes include Robert A. Johnson, Richard H. Weare, and William M. McCool. At another hearing on the matter, John M. Roll complained that he had some 14 inches of pleadings to read in this case. But then, he immediately called a recess, and huddled for quite some time with his staff, both inside and outside the courtroom. When he came back into session, John M. Roll qualified his earlier statement by saying that he really had only 6 or 7 inches of pleadings in this case, but that he guaranteed, if We had filed them, he had read them. This statement was witnessed by Me and by My assistant Counsel, Neil Thomas Nordbrock, who is also a federal witness to perjury of oath by Robert L. Miskell in another case. Neil Nordbrock and I took his qualification to mean that John M. Roll had, in fact, intercepted all 25 pleadings which We had mailed to the grand jury Foreperson. You can measure their thickness yourself. I hope this response to your letter is satisfactory. If you should need any additional information, permit Me to recommend that you first contact Dr. Eugene A. Burns, Managing Director of New Life Health Center Company, 4500 East Speedway, Suite 27, Tucson, Arizona state. As of the moment I vacated the premises at New Life, Dr. Burns was in possession and control of all the documentary exhibits which were attached to the enclosed pleadings. These documentary exhibits include, for example, the Postmaster's response to our FOIA request for a certified copy of the Standing Delivery Order (USPS Form 3801) signed by the federal grand jury Foreperson in the New Life case. This response stated that there was no such document in existence, proving that the Foreperson had never authorized anyone else to accept or sign for U.S. Mail addressed to him/her. Thank you very much for your consideration. VERIFICATION I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state and federal witness, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States," that the above statements of fact are true, correct, complete, and not misleading, to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). Further Affiant sayeth naught. Respectfully submitted, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state and federal witness attachments: to FBI, Tucson email: supremelawfirm@altavista.net website: http://supremelaw.com copy: Bruce J. Gebhardt Special Agent in Charge copy: Thomas H. Basham Supervisory Senior Resident Agent c/o Federal Bureau of Investigation 1 South Church Avenue, Suite 600 Tucson, Arizona state 85701/tdc copy: Postmaster U.S. Post Office Downtown Station Tucson, Arizona # # # MEMO TO: Cathy A. Catterson Office of the Clerk U.S. Court of Appeals for the Ninth Circuit c/o P.O. Box 193939 San Francisco, California state Postal Zone 94119-3939/tdc FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: December 20, 1996 SUBJECT: Complaint of Judicial Misconduct No. 96-80380 Thank you very much, Ms. Catterson, for your letter to Me, dated December 16, 1996, confirming the Ninth Circuit docket number #96-80380 now assigned to My previously filed Complaint of Judicial Misconduct by United States District Judge John M. Roll. I was a bit puzzled by your references to "Chief Judge Hug" and "Chief Judge Broomfield." I was of the understanding that there is only one Chief Judge at any moment in time. Am I mistaken? Also, for the convenience of future clients, I have taken the liberty of entering the names of all judges currently presiding on the Ninth Circuit Court of Appeals. May I impose upon you to check the spelling of their names on the attached proof sheet, and return any corrections in the SASE enclosed? Thanks very much, Cathy, and please have a wonderful Holiday Season! I will look forward to meeting you some day. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell, #1776 Tucson, Arizona state Postal Zone 85719/tdc email: supremelawfirm@altavista.net website: http://supremelaw.com # # # MEMO TO: Cathy A. Catterson Office of the Clerk U.S. Court of Appeals for the Ninth Circuit c/o P.O. Box 193939 San Francisco, California state Postal Zone 94119-3939/tdc FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: February 25, 1997 SUBJECT: Complaint of Judicial Misconduct No. 96-80380 I have been reviewing the Rules of the Judicial Council of the Ninth Circuit Governing Complaints of Judicial Misconduct or Disability. My review led Me to the section entitled "Commentary on Rule 4: Expeditious Review." Quoting now: The statute requires the chief judge to review a complaint "expeditiously." It should be a rare case in which more than a month is permitted to elapse from the filing of the complaint to the chief judge's action on it. Your original correspondence to Me in this matter assigned the above docket number on December 16, 1996. My original complaint was dated and mailed on November 30, 1996. Thus, almost three (3) months have elapsed and, with the sole exception of your December 16 letter, I have heard nothing from you, or from the chief judge, in the matter of the criminal misconduct of United States District Judge John M. Roll of which I have complained. I respectfully request immediate review of My complaint by the chief judge, as outlined in Rule 4: Review by the Chief Judge. Thank you very much for your prompt consideration. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell Avenue, #1776 Tucson, Arizona state Postal Zone 85719/tdc email: supremelawfirm@altavista.net website: http://supremelaw.com copy: Procter Hug, Chief Judge, Ninth Circuit # # #
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In Re Grand Jury Subpoena