From the Transcripts: Attorney Jeremy M. Carter & Judge Christopher J. Muse
Massachusetts Superior Court or Keystone Cops? – Long overdue is a Judicial Overhauling to Appoint and Remove Judges, and “Loser Pays”, cutting off Attorney Greed, Saving BIG Money in Health Costs and more.
A motion was filed today in the Torres v. Torres case that could not be about a more serious subject: the lives and well being of the Plaintiffs in that case. It appears that Judge Christopher J. Muse of the “My family life is irrelevant. My judge and law life is very important” fame, is fast becoming the poster child for the “Judicial Overhauling” movement. This movement is debating the Election of Judges and Modified Missouri Plans to Appoint and Remove Judges, as well as “Loser Pays” which cuts off the head of the snake, i.e. greed, in the law profession which is effectively destroying this country. This movement’s momentum is rapidly growing in Massachusetts and we believe will soon spread across the nation.
Appearing more like a skit from Saturday Night Live than a Massachusetts Superior Courtroom, the flaws in the judicial system were evident as shown in the following excerpts from Torres v. Torres:
- The Judge, apparently not knowing the rules on how to serve out of state litigants, “THE COURT: Well, you didn’t get — Did you get authorization to serve by mail?” [Trans A – See Pg. 10, Ln. 12-13], schedules a hearing on short order of notice in two work days. The motion for restraining order goes unheard.
- The scheduled hearing takes place. No Surprise: the USPS Return Receipt hasn’t returned due to the Court’s scheduling of the hearing in two work days. As anyone who has sent a certified letter knows, it takes an average of 10 days to receive the Return Receipt. The motion for restraining order goes unheard.
- In accordance with the Court, the motion for restraining order is re-served under Massachusetts Superior Court Rule 9A [Trans. A – See Pg. 7, Ln. 20-21]. The motion for restraining order submitted over two years ago, has never been heard.
- In the second hearing, Judge Christopher J. Muse has prepared for the wrong hearing. “THE COURT: And the Motion to Dismiss is not on today?”. [Trans B – See Pg 5, Ln. 15]
- Even the Defendants’ Attorney, Jeremy M. Carter, commented that the Plaintiffs’ restraining order had not been heard “MR. CARTER: Judge, that’s — they have applied for a restraining order. That hasn’t even been heard yet.” [Trans B – See Pg. 5, Ln. 11-12]
- Attorney Jeremy M. Carter has been accused of filing a motion for his own benefit disguised as a motion for the “protection” of his“90-year old client” Sophie J. Torres.
- Judge Christopher J. Muse allowed Attorney Jeremy Carter to do so: “THE COURT: They feel aggrieved by it. What they’re saying is their personal information, ‘they’ collectively being your mother, et cetera, and the counsel for your mother saying that this is the kind of impertinent…” [Trans B – See Pg. 24, Ln. 19-22]
- The Barnstable County Clerk’s Office, Scott W. Nickerson Clerk Magistrate, knowingly and deliberately does not file the Plaintiffs’ pleadings in opposition to the Defendant’s motion being heard before the Court. [Trans B – See Pg. 3, Ln. 13]
- The Plaintiffs had eight motions scheduled months before the Defendant’s motion, including one on which the Plaintiffs lives could certainly depend. Not ONE of the Plaintiffs’ motions were heard, yet the Defendant’s “Emergency” Motion to disavow the 1st Amendment, was heard within 7 days of filing.
- Did we mention that the Clerk, claiming not to know the rules for motions in opposition to “Emergency” motions (even we found the rule), didn’t even file the Plaintiffs’ opposition pleadings for that hearing?
Summing things up thus far, here is our analysis.
- The Plaintiff Jesse E. Torres III files a Verified Complaint in Barnstable Superior Court. The Clerk’s Office over charges him hundreds of dollars for four Summons instead of the two he needs (should have been one for each state, not one for each party).
- Jesse is already known in the Clerk’s Office since he was the Founder of the “Committee to Impeach Judge Shirley R. Lewis“. This group actually got the judge removed after a two year battle that was a major national and local news story and an embarrassment to the Massachusetts Judicial System.
- We would guess that the memory of a plane flying over the Barnstable Court Complex dragging a sign saying “Impeach Judge Shirley R. Lewis” left an impression on the Court’s personnel.
- The case gets left somewhere in limbo and eight motions filed by the Plaintiffs go unheard. The Defendants’ Attorney, Jeremy M. Carter, didn’t like the facts about his, and/or his law firm of Wilkins, DeYoung & Carter’s, actions being made public. Attorney, Jeremy Carter files an Emergency Motion to stop the Plaintiffs from making postings about him on the Internet disguised as a motion to protect his 90-year old client.
- Setting aside the signed contract in place, Attorney, Jeremy M. Carter’s law firm, Wilkins, DeYoung & Carter, serves the Plaintiffs both a No Trespass and Notice to Quit (Eviction Notice). This was an unlawful attempt by their law firm to immediately prevent the Plaintiffs from entering their home and office without the 90 day notice and hearing required by law.
- Attorney, Jeremy Carter was a former Mashpee Cop, former Mashpee Selectman and is a current Mashpee Town Moderator. He was accused, in the blogs, of using his political connections to pressure the Falmouth Police to enforce the unlawful No Trespass to prevent the Plaintiffs’ lawful access to what contractually was, their property.
- The Falmouth Police, with the watchful eye of the Press on them, took a closer look at Attorney, Jeremy Carter’s law firm’s filings, and determined them to be unlawful orders. The Falmouth Police refuse to enforce the unlawful No Trespass.
- Attorney, Jeremy Carter, apparently embarrassed by what was written when the facts were disclosed, decides to write a motion for his “90 year old client” under the apparent guise that she was “emotionally distressed” by a posted document that said “Sophia Torres is of sound mind and body”. Most of us wish at 90 we could have such news said about us.
- Under Attorney Jeremy Carter’s thinly disguised motion, were three separate references to himself. And in the postings that he attached as the basis of his motion, not one mention of his 90 year old client. It was all about his involvement with Police Cronyism charges disclosed by the blog.
- Judge Christopher J. Muse not only did not admonish Attorney, Jeremy M. Carter for filing a motion in a case where he was not a party, Judge Christopher Muse, in his own words, did affirm that the motion was about Attorney Jeremy Carter as we pointed out in the transcripts [Trans B – See Pg. 24, Ln. 19-22].
The Court, with a virtual avalanche of errors, never once heard about the safety concerns and life threats by a criminal organization that the Plaintiffs’ motions and complaint clearly set forth. Death threats were documented by law enforcement agencies from two countries. It is absolutely crystal clear from the transcripts, this Court, Judge Christopher J. Muse, was more concerned about public Court documents, and stories about an order that the Falmouth Police Department determined was unlawful and refused to enforce, that were published on the Internet.
Judge Christopher J. Muse had to enforce the 1st Amendment, but he did not like it. He made it clear to the Plaintiffs that he was going to make them pay for using their 1st Amendment rights to stop an unlawful eviction that would have put them on the streets.
Judge Christopher J. Muse, like most Judges on publicity of Court cases certainly appear to be hypocrites. Just look at the daily news and talk shows, there is always some attorney talking about their case. Many attorneys hire public relationship companies to increase public awareness of their cases, and themselves. That is admired by many judges. What does Judge Christopher Muse think about those attorneys using the press? Will he punish them?
Return to The Inquisitions: God help a Pro Se Litigant if they use the press. You will be damned by the Judge and pay for it with your case. Be watching for our upcoming in-depth story on this issue. I guess that “equal protection” thing doesn’t apply, nor do “public hearings” when it is about the Court itself.
You can’t make this stuff up!
We have prepared an electronic version of the Plaintiff’s Memorandum with direct links to the court’s own Transcripts, that clearly and without doubt, shows the hypocrisy of the Barnstable Superior Court Clerk, Judge Christopher J. Muse and Attorney, Jeremy M. Carter. It will be released on Mr. Torres’ insistence, Friday, January 24, 2014, after it has been served on Attorney Jeremy M. Carter of Wilkins, DeYoung & Carter.
We are going to let Judge Christopher J. Muse close this story in his own words.
“THE COURT: My family life is irrelevant. My judge and law life is very important.” – [Transcript C, Pg. 7, 4-5]
“THE COURT: What do you think lawyers do? We run keyboards and then we look at it and fill in the blanks and then we say this is a good Will for you, and you get the money from the client.” – [Transcript C, Pg. 8, 6-9]
No matter if you support the election of judges or a Modified Missouri Plan, we must change the laws to provide for the removal of Judges. Their absolute power has corrupted far too many Judges. Please check out our new groups pages and make your voice heard.
Attorneys, the flip side of a Double Headed Coin
We now have a nation that produces more attorneys than scientists and engineers. The reason is simple, greed. The Bar Association is more about preserving the income and lifestyle of attorneys than anything else. Just remember Judge Muse’s words “and you get the money from the client”. There is a way to stop this dangerous trend.
We must adopt “Loser Pays” which will strangle attorneys’ income from frivolous lawsuits and help bring sanity back to our nation and affordability to many services whose costs have sky rocketed so that attorneys can flourish. This would bring about a drastic reduction in medical costs. Please check out our new groups pages and make your voice heard.
- Judge Christopher J. Muse: You can’t make this stuff up!
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- Judge Christopher J. Muse overturned; Pro Se Appellant
- Barnstable County Superior Court Clerk’s Office: was it Incompetence or Vengeance?
- Is momentum building to Elect Judges in Massachusetts: momentum is growing to draft former Impeacher of Judge Shirley R. Lewis to head new effort in Massachusetts?
- Torres v. Torres: the case in a nutshell
- Torres v. Torres: a story of two pro se litigants’ battle, not just for justice, but their very survival