7410 v 1.003 3/9/06. Upgraded 10/3/06. 12/14/07. 888 476 8954. Lawyerdude1989@yahoo.com
This page is http://www.lawyerdude.netfirms.com/brosnan.html and http://www.lawyer.gq.nu/brosnan.html
How some dumbass federal clerk named Katapodis thought she could suspend me!
This page has been completely swallowed up by my disbarment page combined with People v Palaschak 9 Cal.4th 1236 , 40 Cal.Rptr.2d 722; 893 P.2d 717 California Supreme Court May 8, 1995 http://www.lawyerdude.netfirms.com/8157.html Go there.
Related pages:
My disbarment page combined with People v Palaschak 9 Cal.4th 1236 , 40 Cal.Rptr.2d 722; 893 P.2d 717
California Supreme Court May 8, 1995 http://www.lawyerdude.netfirms.com/8157.html
Update: Judge Real, age 82, has tried to “get” Steve Yagman: Http://www.lawyerdude.netfirms.com/judgreal.html
The smoking gun letter: http://www.lawyerdude.netfirms.com/brosnan.jpg
Those bastards delayed 4 months in writing this letter!
Letter by another dumbass clerk illegally trying to suspend me without a hearing! http://www.lawyerdude.netfirms.com/notice.jpg
Ming case says that I have a right to a hearing! http://www.lawyerdude.8m.com/ming.html
Here is a picture of the affidavit in support of the search warrant:
http://www.lawyerdude.netfirms.com/search1.jpg
http://www.lawyerdude.netfirms.com/search2.jpg
http://www.lawyerdude.netfirms.com/search3.jpg
http://www.lawyerdude.netfirms.com/search4.jpg
The state bar lies about my federal license and falsely accuses me of a felony!
http://www.lawyerdude.netfirms.com/6691.html
My disbarment page: http://www.circuitlawyer.8m.com/5453.html
The defamatory post still remains posted: From http://www.calbar.ca.gov/calbar/2cbj/96jan/2cbj5.htm
Story of The Raid at the Good Nite Inn: http://www.circuitlawyer.8m.com/5460.html
Omnibus brief from Raid at Good Nite Inn circa 1993 http://www.lawyerdude.8m.com/1172.html
Lawyerdude’s Motion to fire Public Defender after Raid at Good Nite Inn where police kept diaries and computers for a year: http://www.lawyerdude.8m.com/1200.html
Link to the smoking gun letter from Chief Clerk Leonard Brosnan of the Federal Court in Los Angeles proving that I was indeed licensed at the time of the Raid at the Good Night Inn!
March 10, 2006. These documents have been in storage for a long time. I received them from Ventura from my beach apartment garage this month. I have now uploaded them to help tell the story. When this happened in 1993 the internet was not available. There were barely word processors. Had I known then what I know now, and had the District Attorney not stolen my computers in the raid (based on a lying affidavit!) , and had they not illegally prevented me from making a living I would have been able to tell this story sooner.
Highlights of this page:
We begin this story around April 1, 1992. . I went to jail on April 1, 1992 - same day as Mike Tyson went to jail. This was in the middle of my LSD trial. For some years I had been living the good life. I was on The Love Connection with Chuck Woolery. I had achieved my goal of acquiring a nice law office. I had a big yellow pages ad. I was doing bankruptcies.
On April 1, 1992 I was in the middle of my trial for having eaten LSD at my birthday party on May 8, 1991. Around April 1, 1992 I had to go to jail to serve a year sentence for minor traffic tickets. This is another long story but some of these cases were still on appeal and all of them should have been on appeal. To this day, 14 years later I have no idea how the appeal turned out!
Ironically, my new yellow pages ad hit the streets in the new phone books around April 1. I first saw the ad some days/ weeks later in the jail law library. I never answered any calls from that ad because I never did go back to that office. I was in jail from April 1, 1992 until January 1993 - 9 months.
Around April 1, 1992 I departed my nice law office in the gold glass building across from the court house. I would never see that office again - nor would I ever see much of the stuff in my office. That is another story.
I turned myself in at jail. During much of my LSD trial I was in custody but I wore a suit.
While I was in jail, the state bar illegally suspended my license with no hearing.
They based it on a felony conviction. There was no felony conviction! I have never been convicted of a felony!
Here is proof: http://www.lawyerdude.netfirms.com/6691.html
January 1993. Upon being released from jail I was eager to find a way to make a living without a state bar license. I had been doing bankruptcies for a living before jail. I was released from jail for minor traffic tickets for which I had been sentenced to around a year in jail
Here is the story as told more contemporaneously in a Declaration that I wrote in a motion.
DECLARATION OF PALASCHAK RE: CONVERSATIONS WITH BROSNAN IN JAN 93
I, Douglas Palaschak, declare the following under penalty of perjury:
On approximately January 13 1994 I reviewed my January and February 1993 diaries which had been seized during the raid and placed in the court's exhibit department. The diaries confirm the following:
On Monday Jan 18, 1993 I spent 3 hours keying the Ming decision into my laser printer so that I could print the decision without driving out to a copy shop. Page 30 reveals that on Jan 19, 1993 I had still not written a "Ming Motion" for federal court.
On Tuesday 26 Jan 1993 at 9:24 I called 213-894-2085 to attempt to communicate with the Standing Committee on Discipline. The clerks would not or could not tell me who was on the committee or how I could reach them. Some clerk asked me why I desired to contact the committee. I explained my suspension situation. I talked to Brenda (probably Brenda Brannon). Brenda called back at 10:18 while I was gone and said that they had received a notice from the state bar on 22 May 1992 regarding my suspension. Brenda told me that I had not yet been suspended by the federal bar. At first she said that they had received no notice of my state suspension. Now she said that since I had reminded them they I would be sending me a notice of suspension shortly. I objected vehemently citing Ming. Brenda did not send a notice.
Later that same day, Tuesday 26 Jan 1993, at 1:42 I called 213 894-2085 to try to reach the Standing Committee on Discipline. We went through a bunch of confusion and the clerk ultimately gave me a different number. I reached Izabell Katapodis, Brenda's supervisor who said Brenda was not there that day. I called again. I reached John McDonough. I eventually reached Leonard Brosnan and spend 11 minutes talking with him at about 1:50. It was a heated conversation. I told him about In Re Ming. I explained that the state bar suspension was unconstitutional because the conviction on which it was based was a misdemeanor and it was still on appeal. I explained that exigency is required to impose interim suspension while a case is on appeal. Brosnan said that he would run it buy the chief judge the next day.
On January 28 1993 I chatted with retired Judge Robert Shaw about the Ming decision and Bell v Burson http://www.circuitlawyer.8m.com/Burson.html http://www.lawyerdude.netfirms.com/bursonb.html and he agreed with my view that due process requires a Ming approach in my situation.
On Monday Feb 1, 1993 I called Victoria Molloy at about 1:27 to remind her that she did not respond to my letter last week nor my last telephone call. Later, at 1:50 Molloy tells me to take up the Ming matter with general counsel for the bar. At about 3 pm I call 415-561-8200 and ask for Carol Rossi, general counsel, to call me back. At 3:46 I try several more times to reach Carol Rossi. Finally, when I ask to speak to Rossi's supervisor, Rossi is available. I explained Ming to Rossi. At 4:02 Rossi promised to call me back the next day.
I called Gert Hirschberg, former member (as I recall) of the board of governors of the bar.
On Tuesday Feb 2 1993 at 3:14 I called the federal court to inquire as to the status of my federal license. I asked for Brosnan but could only reach Katapodis. Judge Real has not ruled on the issue yet. I ask specifically if I have been suspended and Katapodis says that I have not been suspended.
On Tuesday Feb 9, 1993 I found a message from Carol Rossi, general counsel to the state bar (415-561-8848) on my answering machine citing 3 cases that were impertinent. The cases are: Margulis v STate Bar 845 F2d 215 (1988); Giannini v State Bar 847 F2d 1434 (1988), DC Ct of appeals v Feldman 75 L Ed 2d 206, 103, S Ct 1303 (1983). I drove to the law library and checked them and found them irrelevant or non-existent as cited.
On Thursday Feb 11, 1993 I wrote to Carol Rossi, general counsel of the state bar. I think this was the day I wrote to Brosnan also.
Tuesday Feb 16 1993 Carol Rossi left a message for me. Her number is 415-561-8848.
Thursday 18 February 1993 I begin working on my LSD brief by scanning the text of Spann into my computer.
Monday 22 February 1993 I meet Victoria Molloy in person at state bar offices.
Tuesday February 23, 1993 I have several conversations and debates with Carol Rossi (in her capacity as counsel for state bar judge Lise Pearlman - who issued the unconstitutional interim suspension) and Victoria Molloy. Carol Rossi says to write her a letter. I remind her that I already wrote to her on February 11.
At this point nothing further was done by anybody on the federal suspension matter until the DA investigation. I HAD NO STANDING TO DO A MING MOTION BECAUSE MY LICENSE HAD NOT BEEN SUSPENDED ALTHOUGH THE FEDERAL BAR HAD BEEN NOTIFIED BY THE STATE BAR AND BY ME - AND THE CHIEF JUDGE HAD BEEN INFORMED - AND I ATTEMPTED TO REACH THE STANDING COMMITTEE ON DISCIPLINE.
(Signed by Douglas Palaschak in December 1993)
Okay, so I have protested to the Federal Court and I won! High School Graduate Katapodis who had the audacity to disbar a lawyer on her own say so with no hearing has now corrected herself!
Meanwhile around August 1993 some dumbass had 60 seconds of problems finding my motel room where I eventually did his bankruptcy. This dumbass called the police. The District Attorney mistakenly thought that I was prohibited from doing bankruptcies. They were wrong. One thing that I learned in this case is how relatively stupid the district attorney employees are! I was truly amazed!
I had no idea that there was a District Attorney investigation underway until they raided my office in August 1993.
But first, let me convince you that I had a federal license then on the day of the raid. Here is a letter where the Chief Federal Clerk Leonard Brosnan ( this was before Pierce Brosnan had become so famous) admits that I was indeed licenses. Remember, he is no lawyer either.
Here is the letter from Federal Clerk Brosnan at this link: http://www.lawyerdude.netfirms.com/brosnan.jpg December 10, 1993 is the date on the letter. I had been out of jail almost a year before the federal court did the right thing! Then, two weeks later, on the day before Christmas, the Court of Appeal ruled in my favor and overturned my misdemeanor conviction of possession of the LSD that I ate. However, I had been sleeping in my car in September, October, November, and December 1993. I could not do bankruptcies because the District Attorney seized all my office equipment, money, files, computers, laser printer, everthing !
Okay now that I have proven to you that I had a federal license, let’s backtrack.
The state bar may not regulate the practice in federal court. Cowen v Calabrese (1964) at 230 Cal App 2nd page 870.
Lets go back to early 1993. I did my research. I was on solid legal ground in stating that the state bar may not regulate the practice in federal court. I wanted to be sure. It would look bad to get out of jail and then go right back in jail. The state bar may not regulate the practice in federal court; several blustery but ignorant Ventura judges spoke to the contrary from the bench but they were wrong and the issue was not before them. I had done my research. There is an opinion of the California Attorney General that back me up when I say that practice in the federal court may not be hampered by practice in the state court. The opinion of the California Attorney General is from 1990 and is citied at 71 Op At Gen 175 at page 180. This opinion cites the case of Cowen V Calabrese (1964) at 230 Cal App 2nd page 870 which says:
The State Bar Act of California does not purport to regulate the practice of lawyers before the United States Courts, or their referees. In re McCue, 211 Cal. 57, 66 [293 P. 47], makes clear the fact that: "The State Bar Act and other statutes enacted for the purpose of regulating the practice of law in this state are applicable to our state courts only. The federal courts are governed entirely by federal enactment and their own rules as to admission and professional conduct. This state, should it attempt, and we do not think it has, to regulate the practice of law in the federal courts or to place any restrictions [230 Cal.App.2d 873] or limitations upon the persons who might appear before the federal courts within this state, would be acting entirely without right and beyond its jurisdiction." - Cowen v Calabrese (1964)
http://www.lawyerdude.netfirms.com/cowen.html
Okay, so you see I was on solid legal ground in doing bankruptcies. When I got out of jail I had very little money. I lived at a motel. I ran ads in the Los Angeles Times. My expensive full page bankruptcy ad in the local phone book was no longer working because I had lost that phone number. However, the Los Angeles Times brought in enough business. I had done about 10 bankruptcies when the raid happened.
Here is the District Attorney press release: http://www.lawyerdude.netfirms.com/press.jpg
On Friday August 27, 1993 Three District Attorney Investigators raided my office at the motel.
They took me to jail and kept me there 6 days and then turned me loose. I convinced the deputies of my innocence within seconds of their coming into the door. They handcuffed me. Later I talked with them again at the jail and explained the law to them. They have always been nice guys to me. They violated my rights but they were pleasant about it.
They had a search warrant that they procured from Judge Joe Hadden at 9:15 a.m. that day. Hadden apparently did not know the law! The application talked little about the law, but the affidavit shows that Katapodis lied!
Here is a picture of the affidavit in support of the search warrant:
http://www.lawyerdude.netfirms.com/search1.jpg
http://www.lawyerdude.netfirms.com/search2.jpg
http://www.lawyerdude.netfirms.com/search3.jpg
http://www.lawyerdude.netfirms.com/search4.jpg
The statement from Katapodis is related on page 4, here: http://www.lawyerdude.netfirms.com/search4.jpg She told them that I was suspended but this sorta contradicts the letter from Brosnan. The letter from Brosnan took a long time. They may have written it carefully. Apparently the District Attorney prompted the state bar and the federal bar to take action. Brosnan’s letter says that they received notice of “interim suspension” from the state bar on August 18, 1993. That was 18.5 months after the interim suspension happened. Katapodis says that she received notice in 1992. They obviously know about it 18 months earlier because that I when I present In Re Ming.
Katapodis willfully misled the District Attorney investigators by neglecting to mention that she has “unsuspended” me per In Re Ming - although Brosnan lied and said that the federal court had not received any official notification in 1992, but if that were the case then why would the federal court do the suspension in 1992 - which they obviously did. Katapodis admits it and so does Brosnon. Then they undid it because it was illegal. The second one was just as illegal.
They could not and can not suspend without due process their local rules to the contrary notwithstanding! On May 25th they took action. They did not send me the letter to the Good Nite Inn! That letter was left afterwards by the raiding party! The federal court obviously got that address from the District Attorney. Their was no other way of finding out. Obviously I had no notice of the purported suspension by the federal bar! Also, the federal bar suspension was illegal without a hearing. This is the ruling of In Re Ming http://www.lawyerdude.8m.com/ming.html which was the reason that my previous suspension by Katapodis was undone, and Brosnan’s letter is deceptive in not mentioning that fact.
The District Attorney took my computers, laser printer, and everything!
However, they did not file a criminal complaint against me! They knew that they were wrong.
They offered to give my stuff back if I would plead guilty to just one misdemeanor! They told the newspapers that I was arrested for 7 felonies and the papers printed it! Of course I was innocent.
While I was in jail they motel cleaned out my room and put my few remaining things in a plastic bag. In the bag was a letter that the raiding party left behind. It is from the federal bar. Here is a picture of that letter: http://www.lawyerdude.netfirms.com/notice.jpg As I wrote on the letter, I did not receive the letter until I got released from jail on the 6th day after the raid. Incidentally, the jailers knew that I was scheduled for release. When I asked how much was my bail, they told me to just hold tight because I was scheduled to be released without bail on the 6th day.
Thereafter I wrote to Attorney Steve Pell to try to interest him in a defamation case but I heard nothing back from him. Here is a picture of my letter to him: Http://www.lawyerdude.netfirms.com/pell.jpg As I explained to Steve, the federal court people, Katapodis and Brosnan, are telling half truths.
Crass Promotional Links:
Telephone Lawyerdude: 541 476 8954. Email: Dlawyerdude@Gmail.com Lawyerdude1989@yahoo.com
This subdocument is http://www.lawyerdude.netfirms.com/5734.html Click it to get the latest version.
Please join my newest Yahoo group for discussion or legal self help litigation. Here is the link to the link: http://www.lawyerdude.8k.com/6346.html
Do you have questions? Join our Discussion group: http://groups.yahoo.com/group/the_lawyerdude
Instant message me: I am lawyerdude1989 on Yahoo instant messenger.
Links for your Empowerment! Self help Litigation forms, instructions, cases, and samples.
1. How to Win. Overview. Getting started: http://www.lawyerdude.netfirms.com/7260.html
2. Over 100 actual winning motions from 22 winning pro se litigators ! http://www.circuitlawyer.8m.com/traffic.html
3. Motions 101. How to write and file and serve a motion: http://www.fu.gq.nu/6025.html
4. Briefs 101. How to write a Memorandum of Law: http://www.lawyerdude.s5.com/6435memo.html
5. Lawyerdude’s Empowerment page: http://www.lawyerdude.8k.com/medley.html
6. What performance you should expect from your criminal defense counsel: http://www.circuitlawyer.8m.com/5635.html
7. Your litigation rights page. Learn your litigation rights! http://www.circuitlawyer.8m.com/5687.html
8. Charlie’s Transcripts. Learn how to charm the judge and win your case: http://ronfox.250free.com/charlie.html
9. Learn the law ! Links to the 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html
10. Eighteen actual Section 1983 federal complaints: http://www.lawyerdude.netfirms.com/6008.html
11. List of the 30 most important criminal court motions. They are listed in Lawyerdude’s Bill of Rights for Criminal Defendants in jail. This is my New Standard by which to measure effectiveness of counsel. Make your appointed lawyer toe the line: http://www.circuitlawyer.8m.com/5635.html
12. Courtroom assertiveness 101: How to be assertive in court. Scripts for the Pro Se litigant:
http://www.circuitlawyer.8m.com/5537.html
13. Were you strip searched? Sue em! http://www.circuitlawyer.8m.com/5728.html Do they do a strip search anus check every time you go to the law library? Did your jail not have a law library?
14. List of the most quotable cases and the most useful web pages for the pro se Litigator: http://www.lawyerdude.8k.com/medley.html
15. Your case summary and trial notebook form: http://www.lawyerdude.8k.com/summary.html
16. My Demurrer page: perfect record so far: http://lawyerdude.8k.com/5736.html
All about Lawyerdude
17. List of my 200 most popular web pages according to Google. http://www.lawyerdude.8k.com/5733.html
18. My winning argument regarding the 1st amendment where I argued the Law to the jury without interruption: http://www.lawyerdude.netfirms.com/5918.html
19. My ongoing battle with the mistaken, oppressive, and political state bar: http://www.lawyerdude.8k.com
20. Lawyerdudes’s biographical page: http://www.lawyerdude.8m.com/mystory.html
21. My LSD story and brief: http://www.lawyerdude.8m.com/5431.html
22. How to work well with Lawyerdude: http://www.lawyerdude.8k.com/contract.html
23. My most important page. My top 10 lists: http://www.lawyerdude.8m.com/5459.html
24. My ideas. My 10 proposed amendments to the bill of rights: http://www.lawyerdude.8m.com/5123.html
25. My home page: http://www.lawyerdude.8m.com Or my mirror site: http://www.lawyerdude.netfirms.com
My biggest fattest briefs:
My “state bar acts are unconstitutional!” brief: http://www.lawyerdude.8k.com/3789.html
My 100 page LSD brief: http://www.circuitlawyer.8m.com/1170.html Use this for your drug case!
My collection of “right to drive” briefs: http://www.lawyerdude.8k.com/right2drive.html
Lawyerdude's briefs: http://www.circuitlawyer.8m.com
More Lawyerdude links and Recommended Reading list
Lawyerdude’s traffic page: http://www.lawyerdude.8m.com/5259.html
Lawyerdude's library. A prioritized reading list. A list of books that farm folk and an enlightened populace should read. Some of these books justify weekly or monthly review - like your Bible - for your own defense. http://www.lawyerdude.netfirms.com/library.html
List of links to the Latest uploads from Lawyerdude: http://www.circuitlawyer.8m.com/5673.html
Lawyerdude's Contemporary Constitutional Issues: http://www.circuitlawyer.8m.com/5693.html
Lawyerdude's links page: http://www.lawyerdude.8m.com/links.html
Lawyer’s Manifesto: http://www.lawyerdude.8k.com/5753.html
