[Pressreleases] Judge Lita POPKE and Chief Judge SAPALA 3rd Circuit vs Indigents

[apritn en aol.com]

29 Oct 2001
J.A.I.L. Michigan Judges and Prosecutors
( SEMi_JAIL @yahoogroups.com )
Ballot Initiative Committee filed w ith Michigan Secretary of State 26 April 
2001 for 2002 Ballot

Joseph  A. Ditzhazy, Jr. (PPDP)
Home: 20030 Woodworth, Redford Township, MI 48240-112630
Ico: 37990 Tralee Trail, Northville, Michigan 48167-9030
1-313-623-5299      1-313-623-5299 (PCS)
E-mail: spooke1 en juno.com   ICQ 116210050


Executive Director and Senior Counsel Fischer
The Judicial Tenure Commission
211 West Fort Street, 14th Floor, Suite 1410
Detroit, Michigan 48266~3200
and
Robert E. Edick
Deputy Administrator
and Kimberly Warren, Counsel
State of Michigan
Attorney Grievance Commission
243 West Congress
Marquette Building, Suite 256
Detroit, Michigan 48226-3259

cc:
Jennifer Mulhern Granholm
Attn: Professional Responsibility and
Violation of Civil Rights
Attorney General
State of Michigan
Department of Attorney General
1200 Sixth Street, Ste 1700
Detroit, Michigan 48226

cc:
Civil Rights Division
United State Attorney General's Office
ADA Enforcement and Compliance and
protection of federal civil rights



Counsels Fischer and Edick and Warren,

Compliant of Intemperate Behavior and Apparently Unconstitutional Behavior by 
Judge Lita M. POPKE and Judge Michael SAPALA and Attorney Greivance regarding 
Katherine SCOTTA P-58350. 

Judge LITA M. POPKE (Aiding and Abetting Assault and Battery through failure 
to Enforce Contempt Order; Aiding and Abetting Felony Malicious Destruction 
of Property by failure to Enforce Orders of her Court both before and after 
the fact, Intemperate attack on Michigan Supreme Court Rules of Court 
regarding indigents (MCR 2.002 and MCR 2.119(G)) Kartherine SCOTTA P-58350, 
(Aiding and Abbetting Assault and Battery, Aiding and Abetting Felony 
Malicious Destruction of Property both before and after the fact, Numerous 
reported violations of MRPC Candor before a Tribunal), Supervisor, Direct 
Legal Services, FIRST STEP, 4467 Pine Tree Drive, Plymouth, Michigan 48170; 
and request for suspension of Direct legal Services of the agency FIRST STEP 
for failing to supervise Attorney SCOTTA.


This files a new complaint regarding Judge Michale SAPALA and Judge POPKE for 
knowingly and deliberately, or Intemperantly, or through actual Malice by 
gross negligence, attempting to overthrow the Supreme Court issued Rules MCR 
2.002 and MCR 2.119(G) through their denials of access to these rules by a 
person known to the both of them to be Indigent (especially a permanently 
physically disabled person who is indigent due to disability) and qualifying 
for the protection of due process for indigents that the rules provide. In 
doing so they are violating the separation of powers by attempting 
legislation, executive action and to overrule the Michigan Supreme Court.

Judge POPKE is an appointed Judge as of June 7th 2000 by Governor Engler and 
an inexperienced Judge assigned to what Judge Sapala stated was:  "One of the 
areas of the Court requiring very experienced Judges." This is the Fourth 
Judicial Tenure Complaint filed against Judge POPKE.  This is done in part 
because Judge Sapala promised. on the record, that he would counsel Judge 
POPKE and apparently that counseling, if ever accomplished, has failed. The 
counseling was to be about the Judge denying Motions to Show Cause to an 
indigent in Pro Per, Forma Pauperis. In the last incident she cited MCR 
2.119[E] which was clearly not sufficient for her action in an uncontested 
Motion. Her action showed Contempt for the rule of Law or a level of 
incompetence in her knowledge of the law that raises several Canonal issues 
under Canon 1,2 and 3. 

Worse, the action by Judge Sapala to deny the issuance of a new Waiver of 
Fees on a qualifying affidavit of Indegency, done without hearing, done off 
the record, done when his Clerk refused to show the Judge the full argument 
or information as to why a Judicial order by POPKE was in substantial error, 
and done after a session where Judge Sapala stated: "Mr. Ditzhazy in the 30 
or 40 times you've been before me" with an angry mien, when in fact the 
number was 7 times since 2000, showed gross intemperance on the bench and  
such a state of prejudice that the Chief Judge should have heard argument or 
disqualified himself from the decision. 

Substantially worse is the Chief Judge's action which was either knowingly in 
opposition to MCR 2.002 and MCR 2.119(G) or exposed a lack of knowledge of 
these rules as to raise the question of his competency in the law. It also 
reflects an attack on the Supreme Court's rules which are attempts to insure 
due process and access to the courts for redress of  Greivances to indigents 
of which defendant herein is one. 

It also is clear from the wording of Judge POPKE's Order that she was using 
her Incompetent Order for which there was no support in the laws or rules (as 
it was an uncontested Motion) to slap down an indigent who in four previous 
Motion has raised the issue of the Judge's  understanding of the Rules, 
actions which the Judge had taken which were clearly prejudiced on their face 
regarding plainitff, Orders involving cash matters which called into question 
the Judge's past rulings as being in conflict with her Orders, the Judge's 
failure to enforce past and current Orders or exposed the Judge's behavior as 
aiding and abetting Felony malicious destruction of Propety, Assault and 
Battery, and failing to enforce her own Contempt Orders. In short she was 
clearly attempting to punish, to "slap down" plainitff for asking her to 
conform with the Ruels of Court and simple justice. A witness to this is 
prepared to execute a sworn affidavit as to her actions undermining his faith 
in justice in Michigan Courts and undermined his confidence in the court as 
well as the competency of its Judiciary. This witness has been at over 20 
sessions before Judge POPKE.

In short Judge SAPALA's action and Judge POPKE's action reflect a direct 
attack on the indigent to raise issues before the court in clear violation of 
Judicial Canon 1, 2 and 3. 

Deatils of the violations regarding Judge POPKE and Attorney SCOTTA are found 
in Attachment 1.
Evidence of the actions of Judge Sapala can be found in Court transcript 
(Ditzhazy - Superintending Control(administraive) regarding Judge CURTIS 
(hearing)) as to statement "30 to 40 times") (Ditzhazy- Superintending 
Control (administrative, and counseling of Judge POPKE) and Denial Action of 
Waiver of Fees for Indegency, copy with Clerk (Lynette) and Lynette's refusal 
to show Judge Sapala the full body of evidence.




Sincerely,


Joseph A. Ditzhazy, Jr.,
Pro Per, Pro Se, Forma Pauperis 

Joseph A. Ditzhazy, Jr.
apritn en aol.com  313-535-5024
ICQ 127434338
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