Guardianship News:

New Mexico: AG Balderas and DA Torrez – follow Nevada’s lead and investigate court racketeering in guardianship

AAAPG - New Mexico AAAPG - New Mexico

Calling on New Mexico Law Enforcement

Attorney General Hector Balderas and

Bernalillo County District Attorney Raúl Torrez

Follow the lead of Nevada:

  1. Impanel Grand Juries to investigate criminal activities

committed by guardians and their attorneys

2. Investigate District Court Judges who have approved

property  sales by their appointees at below-market value

 

Notes from the March 22, 2017 Albuquerque Journal Townhall meeting:

Here is a copy of the brochure that was handed out at the March 22, 2017 Albuquerque Journal Townhall meeting.

Here are links to coverage of the unprecedented prosecutions brought by Nevada Law Enforcement against 3 guardians and their attorney.

 

Here is a link to New Mexico’s District Court Case look-up: https://caselookup.nmcourts.gov/caselookup/app  Using this link you can look up the following cases that are not sequestered, but which are been the subject of complaints against their court-appointed attorney, Darryl W Millet:

  • IMO Sue A Smoot Revocable Trust,  Case No: D-202-PB-2013-00457
  • State of New Mexico Financial Institutions Division V New Mexico Title Escrow et al, Case No: D-101-CV-2012-00378
  • In The Matter Of The Jack A Herrmann and Jean Herrmann Revocable Trust, Case No: D-202-PB-201400056
  • Darryl W. Millet v. Mary Brett Darnell, Case No: D-1329-CV-201202083
  • Darryl W Millet, Esq v. Mary Darnell, et. al.,  Case No: D-202-CV-201105945
  • MILLET, DARRYL W, Esq v. Darnell, Mary & Churchill, Dick, Case No: T-4-CV-2011005747

Not available to be examined, due to the 2nd Judicial District Courts DAILY VIOLATIONS of LAW and RULE, and also involving Darryl W. Millet as Court-appointed Trustee and Conservator:

  • IMO Jane Blair Bunting Darnell, an incapacitated adult, Case No: D-202-PQ-2010-00003.

 

A District Court case in which Darryl Millet has not been acting as a court-appointed attorney, but as a corporate attorney using his position to overturn a 1982 NM Supreme Court ruling which was final settlement of the True Owners of the Juan Tafoya Land Corp. is the 10 year+ running case, now in Appeals Court:

  • Juan Tafoya Land Corporation (a Spanish Land Grant) v the Actual and Putative Shareholders of the Juan Tafoya Land Corporation, Case No. D-202-CV-2013-06084.

 

In the First Judicial District Court in Santa Fe Defendants Fletcher Catron, Peter Wirth, and another attorney are named in a long running (11 years so far) case alleging violation of the Probate Fraud statute – a case that is now under review by the New Mexico Court of Appeals on the issue of judges’ abuse of discretion in equity rulings that consistently favor the defendant attorneys (and where one of the judges under review now sits as a justice on the New Mexico Supreme Court):

  • Van Auken V Catron et al, Case No: D-101-CV-2006-01509

 

Here are links to coverage of the disbursement of the RC Gorman estate, which also involved Darryl W. Millet – and whose records were, in an unusual and atypical legal  maneuver, sealed after-the-fact by Judge Paternoster’s order:

  • Entangled estate part of Gorman legacy  “May 23, 2012 — Albuquerque attorney Darryl Millet was brought in as a replacement, and the estate had to then settle claims from Messinger regarding the fees he said he was owed….. After renegotiating the tax debt and finding a willing buyer, Millet said the heirs were lucky to walk away with anything. “It is a crying shame that the heirs didn’t end up with more, but we have to deal with the cards we’re dealt here,” Millet said.”  Editor’s Note: It was Millet who dealt the cards, as the attorney appointed by the court to execute the estate.
  • A tragic Taos story: “May 23, 2012 …in the end, it was the lawyers who made out like bandits, taking with them more than half the proceeds from the estate liquidation.”

Here is a copy of the Dec 11, 2013 NM Bar Bulletin with an advertisement for an upcoming Continuing Legal Education Class taught by New Mexico Chief Disciplinary Counsel – and Estate Planning Attorney — William Slease, along with “Dr” Rex Swanda, PhD, a VA psychologist who moonlights for several of New Mexico’s District Courts, committing elders to guardianship.

 

Additionally AAAPG calls on the

New Mexico State Supreme Court

to resolve problems in their courts:

Chief Justice Charles W. Daniels            Justice Petra Jimenez Maes

Justice Edward L. Chavez                        Justice Barbara J. Vigil

Justice Judith K. Nakamura

1. The NM Supreme Court MUST ENSURE information relating to Guardianship and Conservatorship cases is ROUTINELY available to THE PUBLIC – not kept sequestered – against both LAW and RULE as currently daily violated by NM 2nd Judicial District. This information includes:

(1) docket entries;

(2) date of the proceeding, appointment and termination;

(3) duration of the guardianship/conservatorship; and

(4) the name and other information necessary to identify the alleged incapacitated person

2. Immediately revoke Attorney Rules that automatically seal all court records [NMRA 1-079 and 12-314]. The automatic sealing of Court-records relating to Guardianship or Conservatorship serve only the Attorneys – at the victims’ and their families‘ #nancial expense & emotional cruelty.

3. Create new rules of conduct for Judges (NMRA Sec 21) and Attorneys (NMRA Sec 16) that

(1) Any Attorney caught violating/voiding an incapacitated or deceased person’s written legal directives is #ned treble damages and immediately disbarred.

(2) Any Judges caught violating/voiding an incapacitated or deceased person’s wishes – or allowing Attorneys in their court to do so – are immediately removed from bench, (without any Pension or other post-employment compensation) as well as also being immediately disbarred.

4. Immediately remove William Slease and Virginia Ferrara from the Disciplinary Board and launch a review of all cases that have been dismissed without referral to the full Board. Cease allowing the Chief Disciplinary Counsel to dismiss cases without full Board review.

5. Investigate Stewart Title Co’s issuance of Title Insurance for the sale of the Darnell property by Darryl Millet in Oct 2015 without a written, valid Court Order executed by a District Court Judge. How many Wards & Deceased have been similarly defrauded of their property due to lack of Judicial Oversight?

6. Pursuant to NMSA 46A-10-1001 Breach of Trust, (B)9 Judge recovers property Immediately return Lot 2-A & Lot 2-B, Land of McCoy & Darnell Subdivision, Bernalillo County to the joint ownership of Cli# Darnell, Emily Darnell Nuñez, and Mary Darnell without any #nancial or legal encumbrances, with a Clear Title.

7. Pursuant to NMSA 46A-10-1001 Breach of Trust, (B)9 Judge recovers property Immediately return Lot Four-P2 (4-P2) of Jardines Escondidos, T10N R3E ENMPM, Bernalillo County to the sole ownership of Kelley Smoot without any #nancial or legal encumbrances, with a Clear Title.