Condoned or Prohibited?

December 02, 2006

By Taffy Rice (View author info)
Copyright Taffy Rice

In the movie, "True Grit," John Wayne addresses a legal document served upon him and discusses the standard relating to a struggle between his cat and a rat scurrying in and about his home place. But as my family would come to know, the 'Writ of Prohibition,' is a powerful and extraordinary remedy to be used, when a judge acts outside their jurisdiction and subsequently refuses to act in accordance with law, making the vehicle mandatory not just appropriate. The GA AG however argued, we should NOT be allowed the use of a remedy undeniably afforded when jurisdiction by a judge has never been obtained, acquired, maintained, but instead willfully violated.

During a 2003 meeting with Cobb County DA Pat Head, owners in Lost Mountain Township (LMT), were shocked to learn 2 revelations by the lead legal officer in the county. During the initial discussion of an illegal sale of 10 acres and 2 tennis courts owned by residents without their approval, by the law firm of Brock Clay Calhoun (BCC), whose members are personal friends of the DA, attendees were aghast to hear a lawsuit against an Honorary Consulate of the Netherlands Erik Vonk, was the recommended redress of literal fraud and racketeering.

But more enlightening, was the disclosure that Judge Adele Grubbs assigned to the case (LMHA, Inc. and the ACC of LMTHA v. Rice), following the retirement of Judge Flournoy, had already discussed the case prior to ANY adjudication at a Chamber of Commerce function attended by Head, PRIOR to the adjudication or even a hearing on the matter.

Each attendee present as a result, created affidavits to memorialize the first hand information and corrupt effort by Judge Grubbs acting in concert with fellow Chamber of Commerce Members, who would ultimately, following her 2003 decision issued in violation of GA Law and standing case precedence, provide Grubbs the 'Citizen of the Year' Award. In addition to Grubbs Marietta Cobb Chamber Award, she was also named the recipient of the 'Justice Benham Award,' named for Justice Robert Benham of the GA Supreme Court, a key legal figure with a long history in Bartow County GA.

In attendance at the aforementioned Chamber Meeting were 2 residents of LMT, both Chamber Members, 1 of whom was an employee of WellStar Health Systems (Tom Hill), also represented and controlled by BCC. Hill appears on Clay's disclosure in relation to more than a $300K, and soon departs the area able to sell his home in record time, following Judge Grubbs verdict and the sale of his property to a banker for 6 figures. Even more incongruous still will be Hill's replacement as CEO of WellStar will be dead within 2 years or so, resulting from a motorcycle 'accident,' in which he is hit multiple times, and brought in beyond recognition.

Following the conversation in the Chamber, the Rices filed the Subject 'Writ of Prohibition,' assigned to Judge George Kreeger, who acknowledges the Rices assertion (JQC 220), that Judge Kreeger can NOT be unbiased in a matter affecting a fellow judge. However, NO judge is every lawfully assigned. Despite this fact, an 'Order' dismissing the 'Writ' action suddenly appears in the Writ' case record (CAN 05-1-0437-18), though there was NO lawful assignment of the author or judge in the same record, much less his acceptance, in keeping with the rules of the court. More incongruously yet, Judge Arthur Fudger, based his dismissal of the 'Writ' on issues related ONLY to 'LMHA and the ACC of LMTHA v. Rice' Case and Motions pending with regard to same.

A flurry of activity follows this illegal act, the backdating of an assignment, the creation of multiple/fraudulent documents, the filing in a secret judge's file, the repeated efforts by Judge Grubbs to incarcerate the Rices for "contempt", and even attacks by other GA BAR Members (see 'Circling the Wagons' and'SLAPP Subpoena'). The backdated documents, falsified Orders, undeniable violations of due process, were irrefutable, as the GA AG continued to address issues NOT before the Court in the 'Writ' involving jurisdiction, but instead chose to provide false information about the LMHA Case both in writing and ultimately before the GA Supreme Court on November 7th. Feel free to view the Rices Oral Argument.

Now that was frustrating enough, but then to accuse the Rices of "relitigating the LMHA" Case, was further evidence of intentional efforts aimed at willfully derailing justice. So imagine, standing before the GA Supreme Court Justices, identifying fraud and racketeering, as the standard motis operandi in Cobb County Superior Court and the superior courts upon which appeals from same must be tendered. Does the truth, facts, and evidence, have a hope of prevailing under such circumstances? That chapter is yet to be written. But one overwhelming concern is the posting of false statements posted to the GA Supreme Court on the day of the Rices Oral Argument.

For now, your comments, letters, or entries made publicly or to the GA Supreme Court, are the best way to ensure the 'rule of law' might be restored. (See Judicial Accountability - Your Time Is Up)!