James Hamilton ED =D Tuesday, October 04,2016 istrict Attorney) Daniel P. Rubinstein Phone: (970) 244-1730 (Assistant District Atiomey) Richard Tuttle Phone: (970) 244-1694 Mesa County Justice Center 125 N Spruce Street, 2" Floor Department 5031 P.O. Box 20,000 Grand Junction, Colorado 81502-5001 Re: Letter #1, Phone conversation, emails, request for prosecution, and response with Assistant District Attorney Mr. Rich Tuttle. As indicated above, my name is James Hamilton and I am writing to you today regarding my conversations with Assistant District Attomey Mr. Rich Tuttle via phone, and email starting ‘August 17", 2016 and ending August 23%, 2016. In summary, the referenced conversations (audio copies are available), consisted of my request {or the District Attorney's Office to pursue criminal charges against the Petitioner Cynthia Dawn Fields in Mesa County Court case # 200SDR258, and follow-up regarding that request. ‘After initial contact with Assistant District Attomey Mr. Rich Tuttle, and an explanation of the issues and basis for a request for the District Attorney's Oftice to pursue criminal charges against the Petitioner Cynthia Dawn Fields for parental abduction, alienation, and kidnapping of two minor children for more than twelve years now in violation of Federal Laws, Colorado State laws, PKPA, UCCJEA, UCCIA, and the Parental Abduction Act, Mr. Rich Tuttle gave me a brief elucidation citing the reluctance for the District Attomey’s Office to get involved in very many cases due to the lack of fanding, resourees, and appropriate staf to perform the duties essential to protecting Mesa County Colorado's numerous citizens. Although reluctantly, District attorney Office 22 Judicial District Letter #1 of Inquiry Regarding Request To Prosecute Page 1 ofMr. Rich Tuttle, no doubt sensing my urgency and frustration, eventually agreed to look up the case and get back to me within a reasonable time. ‘After approximately a week of hearing nothing from the District Attomey’s Office, or Mr. Rich Tuttle, I decide to attempt contact fecting enough time had passed for Mr. Rich Tuttle 10 gather the information sufficient to initiate a case. Tt took a number of attempted contacts and leaving voice messages before I received a retum call from Mr. Rich Tuttle. I was not available at the time of the return call; nevertheless Mr. Rich Tuttle left a voice message claiming he had discovered too many allegations and accusations against me James Hamilton) for the District ‘Attomey’s Office to pursue the case, my request was denied. Thave attempted on several occasions to contact Mr. Rich Tuttle regarding these allegations and accusations, leaving voice messages at the number he provided and I had reached him on previously with no successful contact, or return call from the messages I left, At the present and with this letter, I am requesting; 1.) Once again for the District Attorney's Office to pursue the initial charges requested, and secure the immediate safety and security of the uainor children involved, in accordance with the laws Colorado has agreed to abide. ‘Additionally, if there are any existing allegations or accusations against me as supposed by Assistant District Attomey Mr. Rich Tuttle, and filed with the District Attomey’s Office or any other official, legal office and known to the District Attomey’s Office, averting the ability of the District Attomey’s Office to take action to protect the Real Victims including the minor children, and myself in this case, and under the 21" Judicial Districts jurisdiction, I have a Right to know; 2.) What specifically are those allegations, accusations, and charges if any exist as well as; 3.) Who are the accusers? 4.) Why am I being denied the opportunity to defend myself, and to protect my family? Could it no doubt be that the allegations and accusations alleged by your office were gamered via a corrupt and unethice! attomey within a (Good Ole Boy System) named Catherine C. Burkey 225 N Sth St Ste 701Grand Junction, CO 81501, Phone (970) 241-1924 Fax (970) 241-8575, Attomey Registration Number: 17744, Original bar admit date: 10/27/1988, and a corrupted and unethical family court judicial system? One where illegal 1Ex-Parte communications are conducted in the open and deals made with District Judges such as Brian Flynn, Thomas Michael Diester, and Magistrates such as Jane Westbrook, Cynthia Cyphers, William MeNaulty, and others? ‘Moreover, so that I may better understand the intricacies involved by the District ‘Attomey’s Office in making determinations regarding the decision to pursue @ case, or not; §.) I ami requesting a copy of your policies, and/or a Memorandum of understanding. Finally, the Disteiet Attorney's Office presents to the public on its webpage, a Mission ‘Statement along with Core Values including; Ethies, Pursuit of justice, Community Partnership, Teamwork, Description of Duties, Goals/Objectives, Statement of Non- Discrimination, and Structure of the District Attomey’s Office Twenty-First Judicial District of Colorado, copy included herein. In light of this information and subject to the performance District Attorney Office 22° Judicial District Letter #11 of Inquiry Regarding Request To Prosecute Page Z of8,‘thereof, I know of, or see no reason the District Attomey’s Office cannot, or will not grant my previous requests, and those contained herein without compromising the very Ethics, Core Values, Description of Duties, Goals and Objectives, Statement of Non-Discrimination, Supreme Court Rulings, Federal Laws, Colorado State Laws, the District Attomey’s Office claims to uphold. Sincerely, James Hamilton (101 Airborne Division, Disabled Iraq Combat Veteran) Ce: Vietims’ Rights Ombudsman Executive Office for United States Attomeys Department of Justice 2261 RFK Main Justice Building 950 Pennsylvania Ave., N.W. Washington, DC 20530-0001 Fax: (202) 252-1011 ‘Colorado Supreme Court Attorney Regulation Counsel 1300 Broadway Suite 500 Denver, Colorado 80203 (303) 457-5800 (877) 888-1370, Regarding Request #16-1800 (More Specifics and Detailed Complaints to follow) District Attorney Office 22 Judicial District Letter #4 of inquiry Regarding Request To Prosecute Page 3 of,COMPLAINT ALLEGING FAILURE OF DEPARTMENT OF JUSTICE EMPLOYEE TO PROVIDE RIGHTS TO A CRIME VICTIM UNDER THE CRIME VICTIMS’ RIGHTS ACT OF 2004 FOR OFFICE USE ONLY | pate RECEIVED: (CASE NUMBER: ‘Return the signed complains, eluding any ational pages or documents, directly to the Departament of Jstie component, or local United States Adorney's Office, that is named ia your compiant. Ifyou do not know where to send the complain, you ‘mat send it directly tothe Office ofthe Vets” Rights Ombudsman, whe wil forwerd your complaint tothe office that &3 the subject of vour complatat Vietims? Rights Ombudsman Executive Office for United S Department of Justice 2261 RFK Main Justice Building 5950 Pennsylvanie Ave. N.W. Washington. DC 20530-0001, Bax: (202) 252-1011 es Atomneys| “Thi Complaint form isnot designed for the constion of specie victims" rights violations, but is instead to request ‘cortestve or disciplinary action against Department of Justice employees wiho may have failed to provide or have Violated the rights of crime victim uoder the Cvime Vietims’ Rights Act of 2004. crime vitim includes any person who has been diretly and proximetely harmed ss eosult of the commission of a Federal offense or an ‘offense inthe District of Columbia, ll compiaiovs must be submited within ssty {60} davs ofthe victim's knowledge ofa violation bythe Department ff Justice employee, bul not more than one yer afer the actos violation, Receipt of compints wil be scknowledged in writing. “The information provided herein will be uted along with other information developed during the invest resolve or otherwise determine the merits ofthis complaint. The information may be fumished to designated officers tnd employees of agencies and departments ofthe Federal Government inorder resolve or otherwise determine the merits ofthis complaint. lense check the box that applies to the person filing this complains. Boa | Atoraey representing vitin ‘Other represeniative (deseribe) Prmsee: ‘ante, phone sumber and relsionship to vieim of person completing this form (a0 he victim), James Hamitton @iED (Father of the Children victims and Victim) 1s the viotim represented by an attorney in this complaint? re ( yes, plense provide the attorney's name and contsct information. All furare contects wit the victim regarding this ‘complain will be made though the attorney. MWA Page i of 4PERSONAL INFORMATION ABOUT 7HE VICTIM Ficst Name: James: Middle Name: Christopher | bast Nome: Hamilton ie ote] wel] vs[_] il] one Street Access >_ —_ i Coun: United States > Home Telephone No: Work Telephone No. i? [Gemait Aasres 2. INFORMATION ABOUT THE CRIMINAL CASE "he following section requests important information about she erimina investigation or case in which you are victim, Pleace rovide as inact information as you ean, ‘Stage ofthe Criminal Justi Process - Selest most recent event haverignion Clarest Clarignment £1 rretiminary tearing City rea Cl-vat 2 sentencing CT prot Henin her Saker crane nl Defendani(s) Name(s): Cynthia Dawn Fields . ber: 2005DR258, Diswiet CoueeMesa County 21st _| judge: Thomas Michael Deister Case Nu 3. INFORMATION ABOUT THE VICTIM'S COMPLAINT. What i the losation and name ofthe office) or organization(s of the Department of Justice that ifee the subject of your complain? Disc Alomay Ofc, and Maes County District Courts, MCDHS Board, Mass Counly Chi Support Enforcement 7 coley ade Beries A cee Js your complaint agninst a specific person in that office? [/]ves [Jno It yes, please identity the persons) (include postion or tle, iF known) who failed to provide the rghi() sbout which you complaining Assistant District Attorney Rich Tuttle, and District Judge Thomas Michael Delster, District Judge Brian Flynn 2005, Magistrate Jane Westbrook 2005, Cynthia Cyphers 2005, and Magistrate Wiliam T. McNauity, Page 2 of 4‘Which ofthe following tights afforded by the Crime Victims’ Rights Act of 2004, 18 U.S.C. §3771, do you fee! you were denied? Please check al that apply. ight to be reasonably protected front the seeused. Ey te rigtt to resonable, curate, an tiely notice of any publi eur proceeding oF any parle proceeding, involving the erime or of ay release or escape ofthe accsed The ight not tobe excluded from any such pubic court procesing unless the cout fcr reeving ler and convincing evidence, detrines ht esti bythe vtin woul be mater aiered i the vit hears fthr testimony a that proceeding “The right wo be reasonably heard st any public proceeding in the district court involving release, plea, sentencing, oF any parole proceeding. ‘The reasonable right to confer withthe attomey forthe Government in the ease. ‘The right wo Full and timely restitution as provided bylaw. “The right w proceedings fee from unreasonable delay. “The right to be treated with faimess and with respect forthe victim's dignity and peivacy “The right t be informed ofthe rights under this section and the services deseribe in section $03(e) ofthe a FEZ] The right toe inte ina imal anne fay ple bara or deferred prosecution arecment 4 formation fo he Vietims’ Rights and Restiucion Act of 1990 (42 U.S.C. 10607(6)) and provided contact Office ofthe Vitis’ Rights Ombudsman ofthe Department of Justice. 4. SEATEMENT OF COMPLAINANT Please provide as much detailed information about your complaint agaist the Depuriment of Justice employee(s) possible, incading the dates) ofthe alleged violations), and an explanation of how the vilation(s) ocurred. However, "you shoud not discuss the facts ofthe crimnnal investigation or casein which you are vielim, You may attach Additional pages or documents to this complaint tr Tt: Aust 7, 2018 ough Augut 28 2016, a ong Refs a sl upan eqs poet Wo mn vcne anon a cme of Parent Alnatoe, Abduction, Kea ne estrock Cate submited 2004-2005; io eo eos court tors soning Preil Anan Abuse, Kcnapia, Vest he ah o oe Gnsine Colo ie of rosescral Condi pater Coo. RPC B.S end Cae. RC Bs) ena Couradds Coss of ue! Conus, raid to rege ‘Pactos to cove’ up Caloris du rates looted recast he co Hato manu bemsmeavete Ch Cpers ino mang ‘Sronoocogn Socks sat on ls fac ted oscar. Mae inmyname fact esing hs ene can aleve ria we Ele 18.980 ase of pune rors CS. 162.201 Consiey. CIS. 165-108 (ccoseny Ie) 18S. coaeG 3 (ccaesry ai the fa), 18 Cad tloptson ty, 12'S: Code § 242 (Oopmeton oh unde cbt oan), 1BU.S ooo 284 (Conopracy apt ts) ‘cyte Cypher: Coes nes fos he coun 204-205; fe ott enor curt aes aing Peers lento, Abdusien, Kiraoping. Vt at tht ie ent Ronson Cnau einy Coe He 6s an ie REC BA ad Caan Ce aan Cart rae ‘Eivonor ena teloted be pete st mcaur to ave perf los dasan na oslo etre xing Guo Releeri mal ive CS 10-05, ERs 106114 Ane ofguterecas, CRS. 182201 Comiacy. CS. ‘aoosesoy to wima| SGU. Cases (Acoust afr be fo, 18 155 Cede 4 teprson ldo, 18 US. Gade § 242 Dapmavon él nghi nde cae awh, 7BU.S Case 261 (Conopracy aps ems) “Tomas chs eit: Cure case on ewe oot Vite i oh of fice and tne Colao leo Profesional Conduct pact Col. RPC Eyam cae Pe 8), cloedoe Code flutist Conduct end CAS. 1317-1026) ~ fou sb my aces beng “lou nd vrais and ego cece alone oe ersten aa! ewan atom and calsion ih atoray Care. Sura omumoln a= Rabvon cal lau CAS. ‘G2201 Conpency Ca HES M0s censor fo ca), 10 US Cose§ 3 (Accssey sr ha fet, 18 US. Cade fi ispuon ear). 18US. Code 242 @aproaon ofp nda nor), 18 U.S Code § 2% (Canepey spat hs). rian Fie Gace i out n 2004-2005 conducted Ex-Parsconmunston ith Caters. Bury. hen iene ib caso without along ary {tainoty fom ne the Senet snore Ono fh cour: Voaiaathe ca of les end e Credo Ps Profession Cone arcu Cu, REC D Sand Gob, BPC Bt, Cobras Cade o ase Consuc. and CAS 1247-1001) hek tony lenge wen vols an vx” ae [apa eneseel aorey ies sanctane age ea men stan ard colon wt absmey Cabene Carey tomas me = lean na i CAS oe dot Coneprny, GS. 18-108 hansen tee} 18,5. Cado 3 fanesory ater ofa, 18U'S. case §& Gitar olen), 19 US. ‘Sade 2c (Onpvtn of hts ondr eal oft TEU. Case § 24 (Compa ass sh. Page 3 of5. PRIOR NOTIFICATION To THE DEPARTMENT OF JUSTICE Although you are not required todo so, did you notify the Department of Justice employee, or any employee ofthe office dese above ofthe alleged vnaon before ling hiscomplin’? P7]¥ee [No tyes, please describe your efforts to resolve this matter, inlusing the date(s) that you atid she Department of Justice ‘employee or any employee ofthe office desribed above: the name, address and telephone numberof the person with whom you atempted to resolve this mater, and the actions taken by the Department of Justice employee or office to resolve your Complaint. You may attached additional pages or document te this complaint ‘This case has been on-going for more than twelve years with no cooperation or assistance from the courts, law enforcement, or anyone; rio recourse! 6. OTHER RELEVANT INFORMATION Provide any other relevant information or event(s), You may attach eddional pages or documeats to this complaint Requests for investigation from the Bar/Attorney Regulation Association have also been denied! See #16-1800 Supreme Court Attorney Regulation Counsel; Assistant Counsel Mr. J.P. Moore. ‘The information set forth herein is true and correct to the best of my knowledge. ~ pave: 10/04/2016 ‘vat be signed by Vietim) ‘is under 18 years of ag, incompetent, ineapaciate, or decossed, shis form must be signed by the Leyal Guardian ‘of the erime victim or the representative ofthe erime vitim’s este, family member, or say other person appointed by the cour. Ploase check ail that apply to the vietim: ee ee reeompeent — [[] beens Signature: Date = Page 4 of 4 Rev. 08/15Victim Rights Ombudsman Executive Office for United States Attorneys Department of Justice 2261 RFK Main Justice Building 950 Pennsylvania Ave,, NW. ‘Washington, BC 20530-0001 Fax: (202) 252-1011 ‘Wednesday, October 05, 2016 James Hamilton, ===D GED ED ===: RE: Request for Investigation and Complaint of Mesa County and Colorado Family Courts, se # 2005DR258. Moore Colorado Supreme Court Attorney Regulation Counsel Colorado Rules of Professional Conduct 1300 Broadway Suite 500 Denver, Colorado 80203 Ph: (303) 457-5800 © Rich Tuttle District Attorney's Office Mesa County Justice Center 125 N Spruce Street, 2 Floor, Department 50301 P.O. Box 20,000 Grand Junction, CO 81502-S00L (970) 244-1730, August 17" 2016 through August 232016.” © Mesa County Justice Center js ian Kivon judge Thomas Michael Deister magistrates William T. McNulty, Jane Westbrook, and Cynthia Cyohers, Colorado Court Address: P.O. Box 20,000-5030 125 North Spruce Grand Junction, CO 81301 Court location and case numbers: Mesa County Colorado Case 2005DR258. © Kristina Warren, and those others involved with the Mesa County Department of Human Services’ - Child Support Services Division P.O. Box 20,000-5030 125 North Spruce Grand Junction, CO 81501 + Attorney Catherine C. Burkey, 225 N Sth St Sie 701 Grand Junetion, CO 81501, Phone: (970) 241-1924 Fax (970) 241-8575, Attomey Registration Number: 17744, Original bar admit date: 10/27/1988, Date of accurrence: As far back as 2003 and still occurring! and date of your awareness: May 16", 2016 as filed with the Attorney Regulation Counsel and denied. Common Rule Violations © Negiecting a client’s case; Not foliowing the C.R.C.P, Rules, but holding litigants accountable. Request for Investigation and Complaint of Mesa County Colorado Family Courts Page i of i> Misplacing or mishandling money or money that belongs to 8 third party, or not paying money owed to a client or owed to a third party; © Not returning a client's file or documents upon request at the conclusion of a case; © Failing to take action to safeguard a client’s property, or vietim(s); judges disregard, and disrespect pro-se litigants, District Attomey’s Office refuses to prosecute victim ccases alleging they don’t have the resources and any other excuse they can generate. © Dishonesty to a client, a court, or others; 1.) Catherine C, Burkey continually lies and ‘manipulates the courts as indicated in the provided documents and audio recording provided herein on USB. Criminsi conduet; and 1.) The Mesa County Family Courts, District Court judges, and Magistrates, and (MCDHS) Mesa County Department of Health Services in conjunction with (CSE) Child Support Enforcement, al in collusion with attomey Catherine C. Burkey in this case (200SDR258), have committed numerous violations of law and criminal conduct; One need only Took at the case files, including motions filed, and orders denied and entered, along with court dockets in detail to determine the discrimination and discrepancies identifying the criminal conduct related to subject matter jurisdiction, null and void orders, falsification of documents and court records, failure to fulfill duties, all so they can fraudulently collect federal funding into the county. For example, in 2004-2005 magistrates Jane Westbrook slong with magistrate ‘Cynthia Cyphers issued multiple orders for contempt and citations to show cause for a pro-se litigant (me) despite alternate options afforded the court given the difficulties in the case, This resulted in an appearance before judge Brian Flynn with Catherine C. Burkey as the opposing counsel. I appeared with one witness, Sister Patricia Leuter from the Counseling and Education Center who was accompanied by 2 driver. Upon commencement of the hearing by judge Brian Flynn, Catherine C. Burkey approached the bench and began ex-parte communications with Judge Flynn, Immediately following judge Flynn struck his gavel exclaiming case dismissed. Beginning to question his decision, I was immediately interrupted and threatened with contempt if I said another word. Out in the lobby, I was approached by Catherine C. Burkey and threatened to the point of having to call over one of the sheriff deputies to ask her to leave my personal space. All of these actions are post multiple false arrests, jail time, loss of jobs, orchestrated by Catherine C. Burkey and her client Cynthia Dawn Fields, and any others they could use to sccomplish their criminal behaviors. Please see false statements, and dates in direst conflict with couct orders from Mesa County sheriffs office, and Boulder County in issuance of warrants fo arrest me. (12 hours is a felony, see C.R.S. 18-3-303(2\(b) after feloniously falsely imprisoning, 2.) For twelve years now, Catherine C. Burkey has fulfilled her threats to prevent me from seeing my children through continuing to represent her client; Cynthia Dawn Fields although having fali knowledge and participation in her criminal actions and behavior of Parental Alienation, Request for Investigation and Complaint of Mesa County Colorado Family Courts Page 2 of 21Abduction, and kidnapping. All of which contribute to abuse of the children involved. Please see case filed with National Center for Missing and Exploited Children. }) Moreover, recent case filings will reveal multiple maliciously false claims by Catherine C. Burkey to the mesa county court claiming as a pro-se litigant with only one case in the state of Colorado, Iam a vexatious litigant, and to which the courts award her attorneys fees, (One of ‘those motions is currently in appeal with the court of appeals). 4.) Catherine C, Burkey as demonstrated by the letters attached herein continually obstructs the expedition of justice involving two minor children, commits perjury on the court through lies to the court, and violates most if not all of the C.R.C.P. and Professional Conduct Rules, 5.) United States v. Kendall, 766 F.2d 1426 (10th Cir. 1985): "A conspiracy is a combination of two ot more persons acting in concert to accomplish an ‘unlawfitl purpose or to accomplish a lawful purpose by unlawfial means. The evidence must show circumstances to warrant a jury finding that the conspirators had a unity of purpose or a common design and understanding. American Tobacco Co. ¥. United States, 328 U.S. 781, 810,66 S.Ct. 1125, 1139, 90 L.Ed. 1575 (1946); United States v. Metropolitan Enterprises, Inc., 728 F.2d 444, 450-51 (10th Cir. 1984). In a conspiracy prosecution, the critical inquiry is whether the circumstances, acts, and conduct of the parties are of such a character that the minds of reasonable men may conclude therefrom that an unlawful agreement exists. United States v Butler, 446 P.2d 975, 979 (10th Cir. 1971); Nolan v, United States, 423 F.2d 1031, 1047 (10th Cir. 1969), cert. denied, 400 U.S. 848, 91 S.Ct. 47, 27 L.Ed.2d 85 (1970); Jones v. United States, 251 F.2d 288, 290 (10th Cir.) cert. denied, 356 U.S, 919,78 S.Ct, 703,.2 L.Bd.2d 715 (1958). ‘The conspiracy is complete "when one or more of the conspirators knowingly commit an act in furtherance of the object of the agreement." United States v. Thomas, 468 F.2d 422, 424 (10th Cis. 1972), cert. denied, 410 U.S. 935, 93 S.Ct. 1389, 35 L-Ed.2d 599 (1973). The agreement reed not be shown to have been explicit. It may be inferred from the faets and circumstances of the case. Jannelli v. United States, 420 U.S. 770, 777 n. 10, 95 S.Ct. 1284, 1289 n, 10 (1975); United States v. Metropotitan Enterprises, Inc., 728 F.2d at 451; United States v. Dumas, 688 F.2d 84, 86 (10th Cir. 1982). ‘Two of the 14 points in the holding in American Tobacco Co. v, United States, 328 U.S. 781, 810,66 S.Ct. 1125, 1139, 90 L.Ed. 1575 (1946) were: "5. It is not important whether the means used to accomplish the unlawful objective are in themselves lawful or unlawful. P. 328 U. S. 809. 6. No formal agreement is necessary to constitute an unlawful conspiracy. P. 328 U. S. 809." 6.) Kristina Warren, and those others involved with the Mesa County Department of Human Services' - Child Support Services Division: Violated their oaths of office and are the instigators of using the jurisdictionless legal-nullity 5/6/97 child suy 10 illegally seize funds from David's bank account, to illegally make false reports to Dave's ereditors, to illegally Request for Investigation and Complaint of Mesa County Colorado Family Courts Page 3 of 11seize Dave's driver's license and passport, and to illegally scam maiching funds from Social ‘Security — Relevant criminal law: C.R.S. 18-2-201 Conspiracy, C.R.S, 18-8-105 (Accessory to crime), 18 U.S. Code § 3 (Accessory after the fact), 18 U.S. Code § 4 (Misprision of felony), 18. USS. Code § 242 (Deprivation of rights under color of law), 18 U.S. Code § 241 (Conspiracy against rights). Conduet violating this rule in conjunction with other disciplinary rules is sufficient to justify disbarment. People v. Walsh, 880 P.24 766 (Colo. 1994); People v. Roybai, 949 P.2d 993 (Colo. 1997); People v. Calvert, 280 P.3d 1269 (Colo. O.P.D.J. 2011). Catherine Burkey: Violated her oath of office and the Colorado Rules of Professional Conduet (particularly Colo, RPC 8.3 and Colo. RPC 8.4). - Burkey knew that Cynthia Fields was and is, in violation of the Parental Responsibility and Parenting Plan order, committing Parental ‘Alienation, abducted the children, kidnapped the children, but she kept that information from the courts, and ostensibly conspired with judge Brian Flynn to keep that information out of the ‘courts, Interested persons can read more about some of Catherine C. Burkey's unethical and illegal manipulations at vetthegov.com under Rampant Social Security Praud and judicial corruption along with the Mesa County Family Court systems corrupted dealings, Relevant criminal law: C.R.S. 18-2-201 Conspiracy, 18-8-105 (Accessory to erie), 18 U.S. Code 83 (Accessory after the fact), 18 U.S. Code § 4 (Misprision of felony), 18 U.S. Code § 242 (Deprivation of rights under color of law), 18 U.S. Code § 241 (Conspiracy against rights). Conduct violating this rule in conjunction with other disciplinary rules is sufficient to Justify disbarment, People v. Walsh, 880 P.2d 766 (Colo. 1994); People v. Roybal, 949 P.2d 993 (Colo. 1997); People v. Calvert, 280 P.3d 1269 (Colo. O.P.D.J. 2011). ‘Northwestern National Casualty Co. v, State Division of Insurance,682 P.2d 486 (Colo.App. 1983): "Stipulations are a form of judicial admission. 9 J. Wigmore, Evidence § 2588 (Chadbourn rev. 1981); Smith v. Walter E. Heller & Co., Inc., 82 Cal. App.34 259, 147 Cal-Rptr. 1 (1978). Judicial admissions are binding on the party who makes them, Rosbottom v. Hensley, 61 IlApp.2d 198, 209 N.E.2d 655 (1965); 9 J. Wigmore, Evidence § 2590 (Chadbourn rev. 1981), ‘are evidence against such party, and may constitute the basis of a verdict. Gulley v. National Life & Accident Insurance Co., 73 S0.2d 341 (La.Ct.App.1954)." Kempter v. Hurd, 713 P.2d 1274, 1279 (Colo. 1986): "A judicial admission is a formal, deliberate declaration which a party or his attomey makes ina judicial proceeding for the purpose of dispensing with proof of formal matters or of facts about which there is no real dispute. See 9 J. Wigmore, Evidence § 2588 n. 1 (Chadbourne rev. 1981). Judicial admissions are conclusive on the party making them, id.; Northwestern National Casualty Co, v. State Division of Insurance,682 P.2d 486 (Colo. App. 1983), and generally ‘continue to have effect for a subsequent part of the same proceedings. 9 J. Wigmore, Evidence § 2593. Such admissions need not be written when made in court, nor must they be made by a party as his counsel is impliedly authorized to make them. Id. at § 2594. Generally, any fact whatever may be the subject of a judicial admission, and parties may stipulate away valuable ‘ode Request for Investigation and Complaint of Mesa County Colorado Family Courts Page 4 of tfrights, provided the court is not required to abrogate inviolate rules of public poticy. Id. at § 2592." Holiday Acres Property Owners Ass'n v, Wise, 998 P.2d 1106 (Colo. Ct. App. 2000): “A judicial admission is a formal, deliberate declaration which a party or counsel for the party makes in a judicial proceeding. Judicial admissions are conclusive on the party making them. Such admissions may be oral or written. Any fact may be the subject of a judicial admission. Parties, by way of judicial admissions, may stipulate away valuable rights. See Kempter v. Hurd, 713 P.2d 1274 (Colo.1986,)" 7.) Catherine Burkey: Violated her oath of office and the Colorado Rules of Professional Conduct (particularly Colo, RPC 8.3 and Colo. RPC 8.4). - Burkey knew that Cynthia Fields was and is, in violation of the Parental Responsibility and Parenting Plan farce of an order, and assisted her client along with the other feminist agencies and individuals listed herein with committing Parental Alienation, abducting the children, kidnapping the children, and extortion from me the fatherbut she also knew she was opposing a Pro-Se litigant and the judge would have her Feminazi back in the act of extortion to line their pockets, and protecting her eriminal female golden goose elient by keeping that information from the courts, and ostensibly conspired ‘with judge Brian Flynn to continue hers and her clients criminal behavior via support from the courts, law enforcement, Mesa County Department of Health and Child Support Services and any other agencies and individuals, or (GOBs) Good Ole Boys willing to participate in the grand criminal scheme. Interested persons can read more about some of Catherine C. Burkey's ‘unethical and illegal manipulations at vetthegov.com -Relevant criminal law: C.R.S. 1 Conspiracy, C.R.S. 18-8-105 (Accessory to crime), 18 U.S. Code §3 (Accessory after the fact), 18.U.S, Code § 4 (Misprision of felony), 18 U.S. Code § 242 (Deprivation of rights under color of law), 18 U.S. Code § 241 (Conspiracy against rights). Conduct violating this rute in conjunction with other disciplinary rales is sufficient to justify disharment. People v. Walsh, 880 P.2d 766 (Colo. 1994); People v. Roybal, 949 P.2d 993 (Colo. 1997); People v. Calvert, 280 P.3¢ 1269 (Colo. O.P.D4J. 2011). Colorado Rules of Professional Conduet (Colo, RPC 8.3. Reporting Professional Misconduct): "{a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, irustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority. (b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority." Colorado Rules of Professional Conduct (Colo. RPC 8.4. Misconduct): "Itis professional misconduct for a lawyer to: Request for Investigation and Complaint of Mesa County Colorado Family Courts Page 5 of IE(2) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do s0, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (©) engage in conduct involving dishonesty, fraud, deceit or mistepresentation; (@) engage in conduct that is prejudicial to the administration of justice; (©) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; (0 knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law." 8.) District Attorneys Office Rich Tuttle Assistant District attorney: Violated his oath of office and the Colorado Rules of Professional Conduct (particularly Colo. RPC 8.3 and Colo. RPC 8.4), Colorado's Code of Judicial Conduct, and C.R.S. 13-17-102(6)- Denied my rights to justice, due process, and enforcement of orders and failed to uphold the law by discriminating against me as a victim seeking justice and protection under the law, and by refusing to pursue criminal charges against a known felon - Relevant criminal law: 18-2-201 Conspiracy, CRS. 18-8-105 (Accessory to crime), 18 U.S. Code § 3 (Accessory after the fact), 18 U.S. Code $4 (Misprision of felony), 18 U.S. Code § 242 (Deprivation of rights under color of law), 18 US. Code § 24} (Conspiracy against rights). 9.) magistrates William T. McNulty, Jane Westbrook, and Cynthia Cyphers: Violated th ‘oaths of office and the Colorado Rules of Professional Conduct (particularly Colo. RPC 8.3 and Colo. RPC 8.4), Colorado's Code of Judicial Conduct. and C.R.S. 13-17-102(6) -- lied about my pleadings being "frivolous and vexatious" and illegally assessed attorney-fee sanctions against me in collusion with Catherine C. Burkey in an attempt to intimidate - Relevant criminal law: jel 18-2-201 Conspiracy, C.R.S. 18-8-105 (Accessory to crime), 18 U.S. Code § 3 (Accessory after the fact), 18 U.S. Code § 4 (Misprision of felony), 18 U.S. Code § 242 (Deprivation of rights under color of law), 18 U.S. Code § 241 (Conspiracy against rights). 10.) judge Thomas Michael Deister : Violated his oath of office end the Colorado Rules of Professional Conduct (particularly Colo. RPC 8.3 and Colo. RPC 8.4), Colorado's Code of judicial Conduct, and C.RS. 13-17-102(6) - lied about my pleadings being "frivolous and vexatious" and illegally assessed attomey-fee sanctions against me in collusion with Catherine C. Burkey in an attempt to intimidate - Relevant criminal law: C.R.S, 18-2-201 Conspiracy, CRS. 18-8-105 (Accessory to crime), 18 U.S. Code § 3 (Accessory after the fact), 18 U.S. Code $4 (Misprision of felony), 18 U.S. Code § 242 Deprivation of rights under color of law), 18, U.S. Code § 241 (Conspiracy against rights). 11) judge Brian Flynn: Violated his oath of office and the Colorado Rules of Professional Conduct (particularly Colo, RPC 8.3 and Colo, RPC 8.4), Colorado's Code of Judicial Conduct, and CRS. 13-17-102(6)- Denied my rights to justice, due process, and enforcement of orders Request for Investigation and Complaint of Mesa County Colorado Family Courts Page 6 of 11and illegally assessed attorney-fee sanctions against me in collusion with Catherine C. Burkey in an attempt to intimidate - Relevant criminal law: C.R.S. 18-2-201 Conspiracy, C.R.S. 18-8-105 (Accessory to crime), 18 U.S. Code § 3 (Accessory after the fact), 18 U.S. Code § 4 (Misprision of felony), 18 U.S. Code § 242 (Deprivation of rights under color of law), 18 U.S. Code $ 241 (Conspiracy against rights). Judges’ Oath of Office: oT do solemnly swear by the everliving God, that I will support the Constitution of the United States and of the State of Colorado, and faithfully perform the duties of the office of _ upon which I am about to enter.” Colorado Code of Judicial Conduct Canon { Rule 1.1 Compliance with the lav: "(A) A judge shall comply with the law, including the Code of Judicial Conduct. (B) Conduct by a judge that violates a criminal Jaw may, unless the violation is minor, constitute lation of the requirement that a judge must comply with the law." Canon 1 Rule 1.2: Promoting Confidence in the Judiciary ""A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.” Canon 2 Rule 2.2 Impartiality and Faimess: ; "A judge shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially." Canon 2 Rule 2.6 Ensuring the Right to Be Heard: (A) A judge shall accord to every person who has a legal interest in a proceeding, or that, person’s lawyer, the right to be heard according to law." Canon 2 Rule 2.15 Responding to Judicial and Lawyer Misconduct: "(A) A judge having knowledge that another judge has committed a violation of this Code that raises a substantial question regarding the judge’s honesty, trustworthiness, or fitness as a judge in other respects shall inform the appropriate authority. (B) A judge having knowledge that a lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question regarding the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the appropriate authority. (C) A judge who receives information indicating a substantial likelihood that another judge has committed a violation of this Code shall take appropriate action. (D) A judge who receives information indicating a substantial likelihood that a lawyer has committed a violation of the Rules of Professional Conduct shall take appropriate action." Request for Investigation and Complaint of Mesa County Colorado Family Courts Page 7 of 11© Unreasonably failing to communicate significant updates in a ease, upcoming court dates or other important deadtines and information about a legal matter to a client. Under C.R.C.P. 252.16, an attorney cannot charge you legal fees to help file a claim witit ‘the fund. CRCP. 251.32 requires that a request for investigation against an attorney be filed within five years from the time you discover or reasonably should have discovered the attorney’e duct. There is ao rule of limitations for filing 2 complaint alleging theft of ciient lunds or fraud. ‘There are three possible resolutions at this stage: 1, The intake attorney mav dismiss the case if he or she determines the Colorado Rules of Professional Conduct are not implicated or that there is not clear and convincing evidence of any Rule violation. This appears to be the typical response from the Regulation Counsel leaving victims and the public with no recourse, or justice. 2. If there is evideace of minor ethical misconduct that qualifies for an alternative to discipline, the intake attorney may offer diversion to the attorney. Not in Mesa County Colorado, corrupt, cormupt, corrupt. 3. there is clear evidence of more serious misconduct, the matter is assigned to 2 trial attorney for further investigation and possible pursuit of a disciplinary sanction. Possible must be the key word here, determined if the attorney is a part of the (GOB) Good Ole Boy system, 2 real team player with the courts and judges. ‘Yes. The office will send the attorney's response to the complaining witness, who them has 14 days to file his or her own response. ‘The time varies, but on av it takes approximately six months from wher it was assigned to the trial division to completion of the investigative report. ‘One factor is the trial division's heavy caseload. Another factor is the timeline ingrained in the process. The office allows three weeks for the respondent attorney to respond and another two weeks for the complaining witness to reply after that. If records need to be subpoenaed, that can take another couple months. Obviously alittle one sided, the attomey has three weeks to respond while the complainant gets two and still does not account for six months of process. Ultimately results in no action against the attorney anyway. ‘The attorney discipline process can feel long for parties involved in a case. Still, it moves much quicker than traditional civil cases. The length also ensures a thorough investigation and that due process is afforded to both parties, This is the biggest farce ever perpetrated on the public, Request for Investigation and Complaint of Mesa County Colorado Family Courts Page 8 of i‘There are several possible resolutions during the investigation phase: © Trial attorney finds no violations of thre Cotorado Rules of Professional Conduct and requests the case he dismissed. Regulation Counsel must approve dismissals. My experience to date must be the most popular. + Trial attorney finds a minor violation of the rales and enters into a diversion agreement with the attorney respondent. Diversion agreements must be approved by the Attorney Regulation Committee. The next most common I have read about resulting ina slap on the wrist. © Trial attorney finds a more serious rule violation and submits a report ¢o che Attorney Regulation Committee recommending formal disciplinary proceedings. » The respondent attorney and trial attorney enter into a stipulated agreement. Stipulated agreements must be approved by the Presiding Disciplinary Judge. > The case may be placed in abeyance when a respondent attorney is disbarred in a separate case or when the attorney is placed on disability inactive status. © Fhe case goes direetly to the Presiding Disciplinary Judge or the Colorado Supreme Court, sidestepping the Attorney Regulation Committee. This happens when an attorney has been disciplined in another state or if there was an immediate suspension of the attorney's license during the investigative phase. C.R.CP. 251.18 governs hearings before the hearing board. ‘At the conclusion of formal proceedings, the hearing board will issue a decision. The respondent attomey or the Office of Attomey Regulation Counsel may appeal the hearing board's decision to the Colorado Supreme Court pursuant to C.RC.P. 251.27. ‘Thirty-day suspension was appropriate discipline where attomney advised client to take action in violation of child custody order but failed to war her of criminal consequences of such action. People v. Aron, 962 P.2d 261 (Colo. 1998). Conduct violating this rule in conjunction with other disciplinary rules is sufficient to justify suspension. People v. Hohertz, 926 P.2d 560 (Colo. 1996); People v. Dieters, 935 P.2d 1 (Colo. 1997); People v, Primavera, 942 P.2d 496 (Colo. 1997); In re Tolley, 975 P.2d 1115 (Colo. 1999); People v. Maynard, 238 P.3d 672 (Colo. 0.P.D.J. 2009); People v. Cochrane, 296 P.3d 1051 (Colo. O.P.D.5. 2013). ‘Conduct violating this rule in conjunction with other disciplinary rules is sufficient to justify disbarment, People v. Walsh, 880 P.2d 766 (Colo. 1994); People v. Roybal, 949 P.2d 993 (Colo. 1997); People v. Calvert, 280 P.3d 1269 (Colo. 0.P.D.J. 2011). Cases Decided Under Former DR 6-101. Request for Investigation and Complaint of Mesa County Colorado Family Courts Page 9 of 111. General Consideration. I. Disciplinary Actions. ‘A. Public Censure. B. Suspension, C. Disbarment. 1, GENERAL CONSIDERATION. Law reviews. For article, “Criminal Procedure”, which discusses Tenth Circuit decisions dealing with effective assistance of counsel, see 61 Den. LJ. 303 (1984). For article, “Third- Party Malpractice Claims Against Real Estate Lawyers”, see 13 Colo. Law. 996 (1984). License to practice law assures public that the lawyer who holds the license will perform basic legal tasks honestly and without undue delay, in accordance with the highest standards of professional conduct, People v. Witt, 200 Colo. 522, 616 P.2d 139 (1980); People v. Dixon, 621 P.2d 322 (Colo. 1981). Public expects appropriate discipline for misconduct, The public has a tight to expect that one who engages in professional misconduct will be disciplined appropriately. People v. Witt, 200 Colo, 522, 616 P.2d 139 (1980); People v. Dixon, 621 P.2d 322 (Colo, 1981). Conduct found to violate disciplinary rules. People v. Bugg, 635 P.2d 881 (Colo. 1981); People v. Razatos, 636 P.2d 666 (Colo. 1981), appeal dismissed, 455 U.S, 930, 102 8. Ct. 1415, 71 L. Ed, 2d 639 (1982); People v. Goss, 646 P.2d 334 (Colo. 1982); People v. Ross, 810 P.2d 659 (Colo. 1991) Applied in People v. Leader, 193 Colo. 402, 567 P.2d 800 (1977); People v. Good, 195 Colo. 177, 576 P.24 1020 (1978); People v. MeMichael, 196 Colo. 128, 586 P.2d 1 (1978); People v. Susman, 196 Colo. 458, 587 P.2d 782 (1978); People v. Cameron, 197 Colo, 330, 595 P.2d 677 (1979); People v. Pacheco, 198 Colo. 455, 608 P.2d 333 (1979); People v. Pacheco, 199 Colo. 108, 608 P.2d 334 (1979); People ex rel. Silverman v. Anderson, 200 Colo. 76, 612 P.2d 94 (1980); People v. Barbour, 199 Colo, 126, 612 P.2d 1082 (1980); People v. Hilgers, 200 Colo. 211, 612 P.2d 1134 (1980); People v. Haddock, 200 Coto. 218, 613 P.2d 335 (1980); People v. Lanza, 200 Colo. 241, 613 P.2d 337 (1980); People v. Meldahl, 200 Colo. 332, 615 P.2d 29 (1980); People v. Dixon, 200 Colo. 520, 616 P.2d 103 (1980); People ex rel. Cortez v. Calvert, 200 Colo. 157, 617 P.2d 797 (1980); People v. Hurst, 200 Colo. 537, 618 P.2a 1113 (1980); People v. Gottsegen, 623 P.2d 878 (Colo. 1981); People v. Dutton, 629 P.2d 103 (Colo. 1981); People v. Wright, 638 P.2d 251 (Colo. 1981); People v. Hebeler, 638 P.2d 254 (Coll. 1981); People v. Archuleta, 638 P.2d 255 (Colo. 1981); People v. Gellenthien, 638 P.2d 295 (Colo, 1981); People v. Barbour, 639 P.2d 1065 (Colo. 1982); People v. Whiteomb, 676 P.2d 11 Request for Investigation and Complaint of Mesa County Colorado Family Courts Page 10 of 11(Colo. 1983); People v. Bollinger, 681 P.2d 950 (Colo, 1984); People v. Underhill, 683 P.2d 349 (Colo. 1984); People v. Simon, 698 P.2d 228 (Colo. 1985); People v. Blanck, 700 P.2d 560 (Colo. 1985); People v. Gerdes, 782 P.2d 2 (Colo. 1989). Il, DISCIPLINARY ACTIONS. A, Public Censure. Attorney suspended for three years for repeated neglect and delay in handling legal matters, failure to comply with the directions contained in a letter of admonition, and failure to answer letter of complaint from the grievance committee constitute a violation of this rule, and, with other offenses of the code of professional responsibility. People v. Hebenstreit, 764 P.2d 51 (Colo, 1988) Suspension of lawyer for three years, which is the longest possible period for suspension, ‘is appropriate where there was extensive pattern of client neglect and intentional deception in client matters over a period of years. Anything less would be too lenient. People v. Hellewell, 811 P.2d 386 (Colo. 1991). Suspension for three years is appropriate where lawyer failed to respond to motions or appear at hearing, resulting in dismissal of clients’ bankruptey proceeding, thereby increasing ents’ debts tenfold. The hearing board further found that the attorney engaged in bad faith obstruction of the disciplinary proceedings and refused to acknowledge the wrongful nature of his conduct or the vulnerability of his clients. People v. Farrant, 883 P.2d 1 (Colo. 1994). James Hamilton 10/06/2016 Request for Investigation and Complaint of Mesa County Colorado Family Courts Page 11 of 11James Hamilton Friday, August 26, 2016 Catherine C, Burkey 225 North 5" Street Suite 701 Grand Junction, Colorado 81501 RE: Request for a conference regarding Settlement Proposal/Offer discussed during Contempt ‘Advisement Hearing on 08/12/2016 at 1:15 pm before Magistrate William T. McNulty. Catherine Burkey, am contacting you today in an effort to further demonstrate my good faith, and eliminate any alleged difficulties in connecting with me, or lack of cooperation on my part, and to arrange a time to discuss the matters of any proposed Settlements, or Resolutions, despite Petitioner's Motion in Opposition to Mediation filed on June 8, 2016, Pursuant to §13-22-311, CRS. with Order entered on July 10, 2016 Granting Petitioner's request. in Particular, | am proposing a conference call at anytime on, or before Wednesday August 31, 2016 at anytime that may be convenient for you and/or your client Cynthia Dawn Fields. Please feel free to give me a call to schedule this conference during normal business hows. If | am not available at the time, { will return your call during normal business hours promptly, or within a couple of hours, and in no ease will my response be beyond 24 hours, My current understanding from the court documents and the Advisement Hearing is the Petitioner and Petitioner's Counsel elected to waive Mediation, yet an offer was put before the court to drop support and allow parenting and visitation time with the children without any additional specifies to either. Given the history in this case, indicating to me only a potential desire to negotiate, or the desire to create the appearance thereof for purposes of the eourt. [fin fact, the former is true, and there is a true desire to resolve the issues, please consider the following. Additional considerations for the conference might inciude involving the children and their desires. QD and @HEEEMB are now seventeen and sixteen respectively, and significant consideration should be given to their wants, needs, and desires. Request For Conference Page 1 of 3Moreover, costs now associated with court and attorney fees, lost and make up visitation and parenting time with the children, all travel and expenses related to both court and any visitation/parenting time, J would expect a detailed clarification regarding any topics in proposal and clarified in ‘writing prior to, and post the Conference and deadline mentioned above. In closing, { look forward to discussing all pertinent information and resolving the issues as related to the children, parenting time, support, responsibility, contempt, and modification. If for some reason we are unable to conduct a conference, or reach an agreement the parties can continue with the current actions in the court including future actions of Appeals as necessary. Please find use of my contact information above as is necessary to accomplish this proposal. Sincerely, (Respondent) James Hamilton CERTIFICATE OF MAILING James Hamilton, hereby certify that on the _26th, day of ___August 2016, a true and correct copy of the foregoing ‘Request for Conference was delivered by placing same in the United States mail, postage prepaid, addressed as follows: James Hamilton: August 26, 2016 (1) Ralph L. Carr Judicial Center Colorado Supreme Court Office of Attorney Regulation Counsel 1300 Broadway, Suite 500 Denver, CO $0203 (2) Mesa County Court P.O. Box 20,000-5030 Grand Junction Colorado 81502-5030 U.S. Request For Conference Page 2 0f 3James Hamilton =D ==> aD a=» Friday, September 03, 2016 Catherine C, Burkey 225 North 5" Street Suite 701 Grand Junction, Colorado 81501 RE: Request # 2 for a conference regarding ease # 200SDR258, and Settlement Proposal/Offer discussed during Contempt Advisement Hearing on 08/12/2016 at 1:15 pm before Magistrate William T. McNulty, and alleged difficulties in contacting, or communicating with Respondent. Catherine Burkey, I sent a previous letter dated Friday, August 26", 2016 inviting communications between parties, and to which I have received no response whatsoever. Therefore, I am extending another offer for you to contact me and communicate with me regarding this case. As you know, there are additional matters such as discovery etc., aside from the issues presented ere that need to be addressed. Lam contacting you today in an effort to further demonstrate my good faith, and climinate any alleged difficulties in connecting with me, ot lack of cooperation on my part, and to arrange a time to discuss the matters of any proposed Setilements, or Resolutions, despite Petitioner's Motion in Opposition to Mediation filed on June 8, 2016, Pursuant to $13-22-311, CRS. with Order entered on July 10, 2016 Granting Petitioner's request. In Particular, I am proposing a conference call at anytime on, or before Monday, September 12, 2016 at anytime that may be convenient for you and/or your client Cynthia Dawn Ids. Please feel free to give me a call to schedule this conference during normal business hours. If | am not available at the time, I will return your call during normal business hours promplly, or within a couple of hours, and in no case will my response be beyond 24 hous. My current understanding from the court documents and the Advisement Hearing is the Petitioner and Petitioner's Counsel elected to waive Mediation, yet an offer was put before the court to drop support and allow parenting and visitation time with the children without any additional specifics to cither. Given the history in this case, indicating to me only a potential desire to negotiate, or the desire to create the appearance thereof for purposes of the court. If in fact, the former is true, and there is a true desire to resolve the issues, please consider the following. Request For Conference Letter, Caset! 2005DR258 Page 1 of 2Additional considerations for the conference might include involving the children and their desires. QED and QED are now seventeen and sixteen respectively, and significant consideration should be given to their wants, needs, and desires. ‘Moreover, costs now associated with court and attomey fees, lost and make wp visitation and parenting time with the children, all travel and expenses related to both court and any visitation/parenting time. I would expect a detailed clarification regarding any topics in proposal and clacified in vriting prior to, and post the Conference and deadline mentioned above. In closing, { look forward to discussing all pertinent information and resolving the issues as related to the children, parenting time, support responsibility, contempt, and modification. If {for some reason we are unable to conduct a conference, or reach an agreement the parties can continue with the current actions in the court including anticipated and future actions of Appeals as necessary. Please find use of my contact information above as is necessary to accomplish this proposal Sincerely, (Respondent) James Hamilton CERTIFICATE OF MAILING TJames Hamilton, hereby certify that on the 03 day of ___ September , 1016, a true and correct copy of the foregoing Request for Conference letter regarding ease # 200SDR258 was delivered by placing same in the United States mal, postage prepaid, addressed as follows James Hamilton: September 03, 2016 (2.) Mesa County Court P.O, Box 20,000-5030 Grand Junction Colorado 81502-5030 U.S. Request For Conference Letter, Ceset# 200SDR258 Page 2 of 2James Hamilton =D em» (ee eaa=D ‘Tuesday, September 13, 2016 Catherine C, Burkey 225 North 5" Street Suite 701 Grand Function, Colorado 81501 RE: Request #3 for a conference regarding ease # 200SDR258, and Settlement Proposal/Offer discussed during Contempt Advisement Hearing on 08/12/2016 at 1:15 pm before Magistrate William T. McNulty, and alleged difficulties in contacting, or communicating with Respondent. Catherine Burkey, I sent two previous letters dated Friday, August 26", 2016, and Friday. September 03, 2016 inviting communications between parties, and to which I have received no response ‘whatsoever. Therefore, | am extending one last offer for you to contact me and communicate ‘with me regarding this case. As you know, there are additional matters such as immediate and ‘make-up visitation/parenting, discovery etc., aside from the issues presented here that need to be addressed. Lam contacting you today in an effort to further demonstrate my good faith. and climinate any alleged difficulties in connecting with me, or lack of cooperation, interest or ability ‘on my part, and to arrange a time to not only discuss the matters of any proposed Settlements, or Resofutions, despite Petitioner's Motion in Opposition to Mediation filed on June 8, 2016, Pursuant to §13-22-311, C.R.S., with Order entered on July 10, 2016 Granting Petitioner's request. In Particular, | am proposing not only a conference call at enytime on, or before Monday, September 19, 2016 at anytime that may be convenient for you and/or your client Cynthia Dawn Fields, but also, an immediate arrangement for make-up visitation and parenting. Please feel free to give me a call, or reach out to me to schedule this conference during normal ‘business hours at the contact information located above. If am not available at the time, ! will retum your call during normal business hours promptly, or within a couple of hours, and in no case will my response be beyond 24 hours My current understanding from the court documents and the Advisement Hearing is the Petitioner and Petitioner’s Counsel elected to waive Mediation, yet an offer was put before the ‘court to drop all support, (although T am certain this is not at your discretion, aside from the Request For Conference Letter #3, Case## 200SDR258 Page 1 of 3judgment for Cynthia Dawn Fields, your client), and allow parenting and visitation time with the children without any additional specifies to either. Given the history in this case, and an indication to me of only the slightest potential for negotiation, or more likely the desire of petitioner and petitioner's counsel to create the appearance thereof for purposes of the court. If in fact, the former is true, and there is a true desire to resolve the issues, please consider the following, Additional considerations for the conference might include involving the children and their desires. QD 2nd QED are now seventeen and sixteen respectively, and signil consideration should be given to their wants, needs, and desires. ‘Moreover, costs now associated with court and attomey fees, lost, immediate, and urgent ‘make up visitation and parenting time with the children, all travel and expenses related to both court and any visitation/parenting time. I would expect a detailed clarification regarding any topies in proposal and clarified in writing prior fo, and post the Conference and deadline mentioned above. In closing, I look forward to discussing all pertinent information and resolving the issues as related to the children, parenting time, support, responsibility, contempt, and modification, If for some reason we are unable to conduct a conference, or reach an agreement the parties can continue with the current actions in the court including anticipated and future actions of Appeals as necessary. As I mentioned above, please find use of my contact information above as is necessary to accomplish this proposal. Sincerely, (Respondent) James Hamilton CERTIFICATE OF MAILING James Hamilton, hereby certify that on the _13_th day of __ September » 2016, a true and correct copy of the foregoing Reauest for Conference letter regarding case # 200SDR258 was delivered by placing, ‘same in the United States mail, postage prepaid, addressed as follows: Request For Conference Letter #3, Case# 2005DR256 Page 2 of 8James Hamilton: September 13, 2016 (1.) Mesa County Court P.O. Box 20,000-5030 Grand Junction Colorado 81502-5030 U.S. (2.) Catherine C. Burkey 225 North 5" Street Suite 701 Grand Junction, Colorado 81501 Request For Conference Letter #2, Case## 200SDR258 Page 3 of 3COLORADO SUPRENE COURT fem ATTORNEY REGULATION COUNSEL dames ©. Coyle Chief Deputy Regulation Counsel - James 8. Sudier Z “rs DozalyRoplon cones ATA Deouty Regulation Gounset ated aaeliaiied Attorneys’ Fund for Client Protection Deputy Regulation Counset Unauthorized Practice of Lav Margaret B. Funke May 26, 2016 James Hamilton Re: Your request for investigation of Catherine C. Burkey, # Dear Mr. Hamilton: Ihave received and reviewed your letter dated May 16, 2016. ‘The Office of Attorney Regulation Counsel (OARC") investigates m ounsst vilPeny Ferner? les E rence Kin koe tin Robson Kietteo "api Rta “IP. oor Gosnne R boroye ‘aon ¢. Obye Tioiny J. ON Kati or Ratngeny (Gainer 8. Shea “i2n0D Wi, Vos James Widar gations of professional misconduct and, in appropriate cases. prosecutes attorneys for violations of the Colorado Rules of Professional Conduct (“RPC’s"). These Rules govern the ethical conduct of attorneys licensed to practice lax Colorado. if 1300 Broadway 6 Suite a tribunal finds, or the attorney acknowledges, that the attorney violated the RPC’s, an appropriate sanction wili be imposed by the Presiding Disciplinary Judge or the Colorado Supreme Court pursuant to the Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings. In order to pursue discipline against an attorney, we must be able to prove that the attorney violated the Colorado Rules of Professional Conduct by clear and convincing evidence. Based on your letter, 1 am unable to determine if the Rules of Professional Conduct have been implicated. If you wish to provide specific facts and information to our office, you should feel free to contact our office again and we will consider that specific information in conjunction with the Rules of Professional Conduct. You may submit specific information by elther mail or telephone. Until that time, however, i will be closing this investigation and taking no further action. Thank you for your willingness to bring this matter to our attention and your cooperation. Your involvement in the attorney regulation process is a vital part (2 « Benver. Colorado 80203 (308) 457-S8060» Tol Sse (877) 888-130 WebsJames Hamilton Re: Request for investigation of Catherine C. Burkey, #18-1800 ‘May 26, 2016 Page 2 of the Colorado Supreme Court's efforts to ensure that attorneys abide by the Court's standards of professional cthics. Sincerely, pi J.P. Moore Assistant Regulation Counsel JPM/ml ce: Catherine C. Burkey, Esq. 1300 Broadway Suite $00 Denver, Colorado 80203 » (303) 487-S8U0 » Tol fee (877) BBB-1370 oWebite 9 9