Professional Documents
Culture Documents
A P P E A R A N C E S
Appearing on Behalf of the Plaintiff:
CARMEN HOYME BANNON, ESQ.
Deputy Counsel
The North Carolina State Bar
208 Fayetteville Street (27601)
Post Office Box 25908 (27611)
Raleigh, North Carolina
Appearing on behalf of the Defendant:
CRUMPLER FREEDMAN PARKER & WITT, by
DAVID B. FREEDMAN, ESQ.
DUDLEY A. WITT, ESQ.
301 N. Main Street, Suite 700
Winston-Salem, North Carolina 27101
Also Present: Becky Carroll
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3
T A B L E O F C O N T E N T S
E X A M I N A T I O N S
WITNESS EXAMINATION PAGE-LINE
ELIZABETH J. WOLFENDEN
By Ms. Bannon 9-6
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E X H I B I T S
NUMBER 1ST REFERENCE PAGE-LINE
[Original exhibits retained by Ms. Bannon; exhibit
copies provided to Mr. Witt at deposition; court
reporter retained witness' copy of exhibits to be
attached to sealed original transcript.]
Exhibit No. 101 5 July 2007 Notice of 16-22
Demand from Watson to
Klein
Exhibit No. 102 16 August 2007 Notice of 17-7
Demand from Meier to
Klein
Exhibit No. 202 10 March 2008 fax from 37-2
J. Buckner to E. Wolfenden
& Long
Exhibit No. 205 13 March 2008 e-mail from 34-15
Wolfenden to J. Walker,
attaching exchange between
Wolfenden and Taibi
Exhibit No. 207 14 April 2008 letter from 19-22
J. Bucker to Wolfenden
Exhibit No. 208 18 April 2008 letter from 19-22
Wolfenden to J. Buckner
Exhibit No. 212 2 June 2008 letter from 47-25
Wolfenden to J. Buckner
Exhibit No. 213 10 June 2008 letter from 47-25
Wolfenden to J. Buckner
4
T A B L E O F C O N T E N T S
E X H I B I T S
NUMBER 1ST REFERENCED PAGE-LINE
Exhibit No. 215 24 August 2008 e-mail from 22-13
Wolfenden, as published
in the Raleigh Telegram
Exhibit No. 301 13 March 2008 faxed letter 34-24
from Office of District
Court Judges to Wolfenden,
Long & J. Walker
Exhibit No. 302 7 April 2008 partial 33-8
transcript of Orange County
District Court calendar
call
Exhibit No. 303 8 April 2008 e-mail from 46-19
Wolfenden to Long
Exhibit No. 308 1 August 2008 Wolfenden 74-17
response to Letter of Notice
in Grievance file 08G0634
Exhibit No. 408 29 August 2006 e-mail 106-3
exchange between
Crews and Wolfenden
Exhibit No. 412 Invoice for Legal Services 107-7
Exhibit No. 501 13 May 2008 e-mail from 114-14
betsy@betsyforjudge.com
re: I need your support
Exhibit No. 502 13 May 2008 e-mail from 115-14
betsy@betsyforjudge.com
re: Attachments
Exhibit No. 503 Attachment #1, with print 115-24
setting as "Document and
Markups"
Exhibit No. 504 Attachment #1, with print 117-25
setting as "Document"
5
T A B L E O F C O N T E N T S
E X H I B I T S
NUMBER 1ST REFERENCED PAGE-LINE
Exhibit No. 505 Attachment #2, with 118-16
print setting as
"Document and Markups"
Exhibit No. 602 8 October 2008 letter 120-3
from Wolfenden to
Peek & Davis
Exhibit No. 702 Transcript of 132-3
11 March 2009 hearing
in Bohannon & Branch v.
McManaway,
06 CVD 1810 & 03 CVD 2113
Exhibit No. 801 7 March 2008 e-mail 173-2
exchange between Wolfenden
and McGirt
Exhibit No. 802 3 June 2008 Wolfenden 166-9
complaint to
Grievance Committee
Exhibit No. 804 23 September 2008 letter 167-13
from State Bar to Wolfenden
re: dismissal of file 08G0724
Exhibit No. 805 2 December 2008 164-5
Amended Complaint,
McManaway v. LDS Family Svcs,
et al, 08 CVS 1711
Exhibit No. 812 29 April 2009 Complaint, 176-7
McManaway v. Long et al,
09 CVS 686
Exhibit No. 910 Transcript 23 March 2009 204-17
hearing, Lyons v. Lyons,
07 CVD 1260
Exhibit No. 911 8 April 2009 letter 210-1
Wolfenden to J. Scarlett
6
T A B L E O F C O N T E N T S
E X H I B I T S
NUMBER 1ST REFERENCED PAGE-LINE
Exhibit No. 915 27 May 2009 198-13
Wolfenden Affidavit
Exhibit No. 1002 22 June 2009 Order, 256-7
Harrington v. Wall,
09 CVD 27
Exhibit No. 1003 25 June 2009 Verified 246-1
Motion to Recuse
Exhibit No. 1007 25 August 2009 Motion 258-11
to Compel
Exhibit No. 1013 29 August 2008 Subpoenas, 265-25
J. Anderson & J. Buckner
Exhibit No. 1014 12 September 2008 265-25
Motion to Quash
Exhibit No. 2002 30 July 2008 268-1
Verified Motion to Recuse
In Re: HDF, HC & AF,
07 JA 166, 167 & 168
Exhibit No. 2003 30 July 2008 Verified 268-1
Motion to Recuse,
Klein v. Klein, 05 CVD 1311
Exhibit No. 2004 30 July 2008 Verified 268-1
Motion to Recuse,
Klein v. Glasser, 05 CVD 2498A
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Quoted material is verbatim and
may/may not reflect a direct quote.
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Proper nouns may be spelled phonetically
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7
S T I P U L A T I O N S
It is hereby stipulated and agreed between
the parties to this action, through their respective
counsel of record:
1. The deposition of ELIZABETH J. WOLFENDEN,
may be taken on January 29, 2010, beginning at 9:17
a.m. in the offices of The North Carolina State Bar,
located at 208 Fayetteville Street, Raleigh, North
Carolina 27601, before Amy L. Poythress, a Verbatim
Court Reporter and Notary Public.
2. Said deposition shall be taken for the
purpose of discovery or for use as evidence in the
above-entitled action, or for both purposes.
3. Any objections of any party hereto as to
notice of the taking of said deposition or as to the
time or place thereof, or as to the competency of the
person before whom the same shall be taken are deemed
to have been met.
4. The North Carolina Rules of Civil
Procedure shall control the taking of said deposition
and the use thereof in court.
5. Objections to questions and motions to
strike answers need not be made during the taking of
this deposition but may be made for the first time
during the progress of the trial of this case or at any
8
1 P R O C E E D I N G
2 Whereupon,
3 ELIZABETH J. WOLFENDEN
5 testified as follows:
6 DIRECT EXAMINATION
7 BY MS. BANNON:
10 Wolfenden, 09 DHC 9.
11 My name is Carmen Bannon. I'm here
17 A Elizabeth J. Wolfenden.
23 A Shall do.
2 A I will.
5 understand me today?
9 school?
10 A UNC.
11 Q When did you attend?
17 class.
21 Bar?
22 A 2000.
24 practiced?
17 A Uh-huh (yes).
19 A Okay.
20 Q -- which has to do with Ms. Klein's
23 A Uh-huh (yes).
3 A Is that a question?
5 denied?
6 A Is Paragraph 6 admitted or --
14 A Uh-huh (yes).
4 Q Sure.
4 class.
12 to be done, et cetera.
18 to these.
19 A Uh-huh (yes).
20 Q Paragraph 8 is talking about a Notice
22 A Uh-huh (yes).
25 Klein?
17
3 sent, but --
10 A Yes.
11 Q And it's dated August 2007?
12 A Yes.
6 letter.
10 complaint?
11 MR. WITT: Which two paragraphs?
14 Paragraph 9.
18 Document] Yes.
21 dismissed?
12 A Yes, absolutely.
17 A Uh-huh (yes).
4 letter?
4 parte communications.
25 opposing counsel" --
23
1 way.
9 with him.
21 A Yes.
22 Q -- ex parte communication?
23 A Yes.
4 provides that?
9 A Uh-huh (yes).
13 Buckner?
3 parte.
10 to do it.
11 Q How do you spell Donna's last name?
12 A B-e-n-n-i-c-k.
15 A I do not.
10 a Rule 60 motion.
11 I was in court in another courtroom
17 case?
21 now.
6 month later.
15 correct?
19 A That's correct.
20 Q And Judge Buckner said I'm not
21 hearing it?
6 A Correct.
10 local judge.
11 A Yeah.
13 A Judge Anderson.
24 what else.
15 Relief now.
16 A Uh-huh (yes).
25 that.
33
1 A Uh-huh (yes).
16 that statement.
19 that correct?
20 A What happened was, I faxed -- I
4 morning.
12 A Yeah.
14 A Go right ahead.
19 Document]
20 MR. WITT: Do you mean 305?
8 that?
6 case?
9 March 13th --
23 showed it to me.
4 Lunsford Long.
19 A Yeah, it does.
20 Q So does that indicate to you that
23 Klein v. Klein?
19 A Uh-huh (yes).
20 Q What about the content of that
23 month?
23 calendar.
1 other time.
6 judge"?
7 A Should be presided --
15 Q It's at 302.
19 a visiting judge."
20 Yeah, I don't know -- I don't know
16 presumption on my part.
21 years.
7 wanted action.
5 about this.
9 -- anyway, whatever.
4 A Right.
16 A Yes.
24 Judge Walker?
13 A Uh-huh (yes).
18 Paragraph 25?
23 A Correct.
19 no way.
20 Q You mentioned scheduling assistance.
7 A Uh-huh (yes).
24 Buckner.
14 letter?
5 court calendar.
18 way.
2 cases.
6 either.
14 those lines?
21 issue.
6 A Please do.
3 that correct?
19 in the courtroom.
20 I think that there are male lawyers,
5 secrets secret.
8 secrets?
19 as gossip --
20 A Uh-huh (yes).
19 that.
20 If you look at the cases that are
4 sham hearings?
13 A We did.
18 in the courtroom?
3 flat-out bizarre.
7 minute.
15 single time.
25 airplane ticket."
66
6 He had not.
15 getting heard."
22 case.
5 claim.
12 know, it settled.
21 not a psychologist.
10 case and --
11 MR. WITT: You don't get to --
17 not appropriate.
25 cases?
70
14 A I did not.
15 Q Why not?
10 will take you down and the Bar will help them.
11 So who is going to come forward?
16 game.
8 Judge Scarlett?
17 representative.
14 law.
16 A Uh-huh (yes).
25 office.
75
1 A Uh-huh (yes).
5 A Uh-huh (yes).
10 A Yes. Yes.
11 Q Are you certain that that is what
14 he recommended.
21 absolutely sure.
15 partying together.
16 give him.
6 A Yeah.
8 correct?
3 A Carl?
4 Q Yes.
12 behavior.
18 to Judge Buckner."
25 on May 11th --
83
2 A Okay.
13 Q Of course.
1 counsel."
4 defender --"
8 Don Dickerson."
13 so."
25 wrong."
85
2 do that."
12 as a judge.
18 11:00 --
21 break?
23 good time.
25 break.
90
7 Commission on Professionalism.
8 A Uh-huh (yes).
17 A Yes, I did.
8 higher ground."
15 A Sure.
17 correct?
21 retainer.
22 Q Right.
7 A Correct.
15 deed of trust?
2 can't remember.
9 wording issue?
9 residence?
17 accurately.
16 did.
2 Q Yes.
4 length.
14 figure?
12 Q As an estimate of --
18 opposing counsel.
22 Edwards.
3 involved?
9 be followed.
13 A No.
25 A I can't remember.
103
2 other clients?
12 settlement.
22 A Uh-huh (yes).
2 A Uh-huh (yes).
4 additional retainer?
9 did I tell her that she had gone over the 20?
24 paid you.
1 additional $2,000 --
8 Views Document].
10 you to Joanna --
11 A Yes, yes, it is. Yes.
14 A Yes.
16 A Yes.
6 money up."
18 A Uh-huh (yes).
22 A Correct.
10 advantage of her.
11 So we were on that morning for me to
23 Joanna and I.
3 child custody.
21 date?
24 invoice.
3 Q Sure.
18 really know.
23 Q September 7th.
12 Claim.
13 A Sure.
16 Fifth Claim.
10 A Uh-huh (yes).
11 Q Did you also attach what the State
17 plural.
18 A Uh-huh (yes).
3 A Yes.
7 look on my computer.
13 A Okay.
19 think I need to --
20 Q On Paragraph 46?
21 A Yes.
23 check.
8 A Right.
16 negotiating a settlement."
23 Exhibits 503 --
24 A Okay.
9 them.
25 say?
119
6 that, yeah.
6 case?
24 open adoptions.
4 completely untrue.
12 would be helpful.
24 differential.
15 to --
10 adoption petition.
11 We didn't get there because Donna got
18 address it.
22 legal fees.
24 A The parties.
2 participated in a kidnapping?
15 that?
9 all eternity.
12 more Mormons?
25 A Uh-huh (yes).
129
8 discussed.
25 A Uh-huh (yes).
130
7 Okay.
16 it.
25 find a settlement.
131
15 them.
22 A Uh-huh (yes).
5 different format.
13 reporter.
15 transcripts, obviously.
25 Margaret M. Powell.
133
1 WITNESS: Yes.
12 transcript.
17 recording?
10 Q That's fine.
11 MR. WITT: And by the Dennis
13 Dennis Coley.
17 recording, right?
1 A Uh-huh (yes).
15 Q I'm looking --
17 now.
22 numbers?
23 Q Yes.
24 A Yes.
5 A Yes.
7 A Grine. G-r-i-n-e.
9 A Yes.
12 A Yes.
16 use drugs?
23 through 23 --
25 recuse.
140
2 A Yes.
5 motion to recuse?
15 motion.
7 A Correct.
12 to?
3 hearing.
12 A I did.
1 your hearings?
18 30th, 2008.
15 A Yes.
25 cases.
148
5 judicial campaign.
2 judges.
5 p.m.]
12 A Uh-huh (yes).
16 trusted.
18 Woodall?
13 discussing.
2 Buckner.
9 A Yes.
19 happened?
20 A This is an assumption.
12 after that."
18 and Klein.
24 your cases?
1 Q Just roughly.
8 2008?
12 Jim Woodall?
13 A I did.
21 Q Uh-huh (yes).
25 address that.
157
9 money.
14 livelihood.
19 to the Court?
20 A I think not because -- well, I want
1 public record.
22 need help."
2 sort of drugs."
19 appeal.
20 Q Let's take a look at the Eighth
23 Services?
24 A Uh-huh (yes).
2 A Uh-huh (yes).
9 are wrong or --
13 Services.
14 A Yeah.
18 A Uh-huh (yes).
22 A Yes.
1 Q Okay.
17 second?
21 allegation.
22 A Yeah.
1 A Correct.
12 to Donna Davis?
13 A Yes.
15 A Yes.
24 by Davis?
3 case?
7 McManaway case?
13 Q Exhibit 804.
14 A Okay.
18 A Uh-huh (yes).
21 A Correct.
23 A September 23rd.
1 v. LDS.
6 me start over.
16 exhibit.
13 how.
22 completely different.
8 A Correct.
12 pin down.
14 don't know.
18 Motion to Strike.
24 grievance?
25 A I have no idea.
172
2 confirm that?
7 right at it.
14 the attachments.
19 Right.
20 Q I have a couple of other questions
23 A Uh-huh (yes).
1 A Uh-huh (yes).
4 to.
17 own.
17 questions.
6 appears to be.
8 A Uh-huh (yes).
24 look at the --
1 Okay.
8 of a hearing.
9 A Uh-huh (yes).
13 A Correct.
15 making there?
17 them.
19 plaintiff, correct?
20 A Well, you have "Wolfenden alleged."
7 pleadings?
12 law.
17 outcome of a hearing?
25 knowledge, correct?
179
25 Judge Titus.
180
15 other reason.
2 the courtroom?
4 counsel table?
8 highly unusual.
19 --
20 A I don't know what you -- you know,
10 of?
11 A I have not seen that in a rule book.
15 of misconduct?
9 yourself?
23 had crossed.
25 where?
187
24 courtroom.
14 disbarred.
2 case?
5 with him.
16 Q Me, too.
19 instructed him.
20 Q Uh-huh (yes).
18 A No.
21 Long's presence?
7 on the appeal.
12 A Uh-huh (yes).
14 Appeals says.
18 influence?
23 appeal.
18 their behavior.
21 Appeals rules.
25 A Monetary.
195
9 court corruption.
24 A Uh-huh (yes).
1 case
2 A Uh-huh (yes).
4 A Yes.
12 ready to proceed.
5 me."
14 Paragraph 6.
15 A Uh-huh (yes).
24 go.
3 23rd?
5 notify me.
9 A Yes, I did.
17 the hearing?
18 A Correct.
21 A Correct.
24 my cases.
22 try.
3 of the same.
4 A Yeah.
18 e-mail.
18 910.
19 A Uh-huh (yes).
20 Q Does that appear to be a transcript
22 A Uh-huh (yes).
24 and 4 --
25 A Uh-huh (yes).
205
19 Paragraph 98 --
20 A Uh-huh (yes).
24 law?"
25 A Uh-huh (yes).
206
4 A Uh-huh (yes).
5 invalid.
12 frustrated statements.
2 A Uh-huh (yes).
4 Judge Scarlett?
5 A Yes.
13 Q Paragraph 101.
17 (yes).
24 document." Yeah.
12 Q There may be --
15 happened.
18 it a lot, yeah.
14 sorry.
25 A Yes.
214
2 that effect?
7 Wall case.
4 filed in response --
10 Q How is that?
11 A No, I should say that's the exact
8 an attorney.
17 getting tired.
23 it.
8 can't comment.
10 documents --
11 A Okay.
13 A Okay.
25 calendared."
218
9 A Correct.
17 narrative --
6 A Yeah.
22 a custody case.
7 write memorandums.
7 hearing.
6 reasons.
21 this."
3 refused to do it.
23 from my client.
8 Appeals."
18 do you mean?
22 of Appeals.
13 there.
17 A Uh-huh (yes).
19 name?
20 A It's Italian. His affidavit is in
25 Bill --
228
15 order yet.
22 blackballed.
6 out there."
25 fax.
232
3 Q A.M.?
4 A Yes.
10 believe that --
11 MR. WITT: No, you can't -- just
14 I have to respond.
18 happens.
23 do?
2 coffin.
13 of the courthouse.
25 Absolutely.
235
4 cause waves.
14 client's hearing?
18 got back.
16 scheduled?
25 supposed to start?
237
14 seconds.
16 and unnecessary.
23 Orange County?
5 to a judge saying --
9 question.
23 to filing motions?
5 didn't matter.
23 there is an obligation.
14 from attorneys?
24 response.
6 to June 17th?
23 A Correct.
18 notices of appeal.
1 sanctions.
5 Q Is he local?
6 A Durham.
9 come to court?
18 A Yeah.
2 A Okay.
9 (yes).
13 necessary witness?
2 have here?
16 you?
23 an Army recruiter.
23 on?
4 the hearing."
5 A Yes.
1 question.
10 Yeah.
11 Q No, my question was, is that statement
22 was sent --
9 that.
7 A Uh-huh (yes).
13 right?
14 A Uh-huh (yes).
15 just --
19 a new trial."
20 And I think the allegation in the
10 biggie.
11 Q All right. Let's talk about
16 of your client.
17 A Correct.
6 correct?
7 A Correct.
24 you. Correct?
25 A Yes.
261
3 correct?
4 A Yes.
9 biased?
18 subpoena.
25 unheard of.
262
15 having on my clients.
1 A Yes.
5 your cases?
8 that.
25 at a hearing.
265
19 legal --
20 Q I do.
7 Document]
14 certified mail.
17 contempt proceeding?
18 A Correct.
21 A Uh-huh (yes).
3 A Yes.
5 contempt proceeding?
12 Q Donna Bennick?
16 Holcomb.
24 general questions.
25 A Uh-huh (yes).
268
16 appeal it.
19 and --
20 A Carl. Carl. I called him and said,
8 hear these?"
2 judge."
15 corrupt.
19 district?
20 A Yes, I think so. I can't remember
4 have.
9 your cases?
14 this one.
19 in this case?
20 A Then that just would have been Judge
22 be recused.
8 recommendation.
9 A Right.
18 a showing of bias?
24 one example.
18 cases?
24 backlash.
2 recommendation.
5 your cases?
9 A February of 2008.
3 appropriate.
4 Q If you look --
8 Buckner --
23 election"?
7 correct?
8 A Uh-huh (yes).
24 a different story.
8 statements.
19 Scarlett.
20 Q Did that letter indicate a basis for
21 that decision?
22 right?
25 completely confidential.
286
9 questions.
2 the hearing.
4 _ _ _ _ _ _ _ _ _
5 STIPULATION
15 proceeding.
WITNESS CERTIFICATION
I, ELIZABETH J. WOLFENDEN, hereby certify,
I have read the foregoing pages which contain
a correct transcription of the answers given by me to
the questions herein recorded. My signature is subject
to corrections on the attached errata sheet, if any.
Signed this ______ day of __________, 2010.
_____________________________
ELIZABETH J. WOLFENDEN
Sworn to and subscribed before me,
this the _________ day
of ________________, 2010
_____________________________________
Notary Public
My Commission Expires:
289
E R R A T A S H E E T
CASE NAME: NCSB v. ELIZABETH J. WOLFENDEN
WITNESS NAME: ELIZABETH J. WOLFENDEN
DATE TAKEN: JANUARY 29, 2010
PAGE-LINE READS SHOULD READ
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________ No Corrections.
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Date ELIZABETH J. WOLFENDEN