Appellate Circuit

Impeach Judge David Hittner. That’s the Request Before the Fifth Circuit’s Chief Judge Priscilla Owen

Judge David Hittner’s actions are so uncivilized and unlawful, they are impeachable. He deserves to be stripped from wearing a black robe, as would happen if he was dishonored by the Airborne for wartime crimes. Hittners’ dishonorable acts squarely meet the criteria.

COMPLAINT

John and Joanna Burke (“Burkes”) now file an official complaint[1] against Senior United States District Judge David Hittner, (“Hittner”) S.D. Tex.,[2] for his violation of the Burkes’ constitutional, civil and human rights in time of a [inter]national pandemic, including but not limited to, Bias, denial of Due Process, Willful Misconduct, Prejudicial Misconduct and which was/is motivated by Bad Faith (“bias”).[3] In short form, Hittner has denied the Burkes the right to a fair and impartial hearing and jury trial. In preparation, the Burkes have acquired and read IMPLEMENTATION OF THE JUDICIAL CONDUCT AND DISABILITY ACT OF 1980,  A REPORT TO THE CHIEF JUSTICE (2006) (“the Breyer Report”) and rely upon its content, “Standards” and findings in this judicial complaint.[4]

Background:

The Fifth Circuit and the Chief Judge (Owen) are very familiar with the Burkes and their situation so the summary will be concise, in conformity and without merit-based commentary.[5] Deutsche Bank (“Deutsche”) filed for foreclosure in 2011 and the case was filed in S.D. Tex. Hittner was appointed the District Judge with former Magistrate Judge Stephen Wm. Smith (“Smith”). In 2015, a no-evidence, no-witness bench trial with Smith presiding resulted in a win for the Burkes, dismissal for Deutsche.[6] This court reversed and remanded in 2015.[7] After further investigation, Smith rejected this courts’ decision and ruled for the Burkes for a second time in 2017. Deutsche appealed and this court reversed and rendered.[8] Hittner entered judgment immediately, without notice nor hearing provided to the Burkes. The Burkes in the interim had filed 2 State court cases against Ocwen Loan Servicing LLC[9] (“Ocwen”) and Hopkins Law, PLLC, Mark Daniel Hopkins and Shelley Luan Hopkins (“Hopkins”). Hopkins removed both cases to S.D. Tex. The courts’ “blind-draw”[10] resulted both cases being assigned to Hittner. The replacement Magistrate Judge, a position which was vacated by Smith’s departure (shortly after a scathing attack by Hopkins and this Circuit against him in the Deutsche [II] case), was assigned to former public defender, Peter Bray (“Bray”).[11] All parties consented to hearings before Bray. The Burkes complaint is triggered by recent events in Hopkins case.

Timeline:

There will be a separate complaint against Bray. The Burkes focus on the following timeline, relevant to the Burkes complaint against Hittner;

The Burkes objected (Doc.66) to Brays’ premature Memorandum and Recommendation (“M&R”)[12]. It is date-stamped 9th March by S.D. Tex.

The notice of this filing is 3 days later, on 12th PACER, however, is backdated to the 9th. Courtlistener.com shows March 12th,[13] in agreement with the Burkes email notice. There was ‘no good reason’ for this delay or back-dating, just as there was ‘no good reason’ for the lengthy delay in the Burkes receiving the doctored transcript/audio of the Sept., 10, 2019 conference (See Doc. 66).

There is a worldwide plague, a Pandemic which has shut down most of the country and the world. There are ‘stay at home’ orders, especially for the elderly, like the 80+ year old Burkes. People are dying in thousands and the future death statistics look especially grim. Gov. Greg Abbott declared Texas a Disaster State. The Proclamation is signed on March 13, 2020.[14]

Illegal debt collectors in the State of Texas, Hopkins file their response motion to the Burkes Objections to Bray’s M&R on March 16, 2020 (Doc. 67).

At around 2pm on March 17, 2020, Hopkins emailed[15] the Burkes regarding postponing the scheduled conference[16] with Hittner on March 19, 2020 in Houston S.D. Tex. The Burkes confirm they are unopposed. A court generated notice was issued that evening ‘canceling’ the conference with Hittner.

On March 18, Hittner signs an Order adopting Memorandum and Recommendations (Doc. 68) and dismissing the Burkes case against Hopkins, with prejudice. Judgment is also dated 18th but entered on 19th March (Doc. 69). His bias motives are clear and undisputed by his own acts in canceling the conference and issuing the judgment(s). It’s a rush to “Hittner Justice” to prevent any ‘delay’ in the case due to the pandemic and to ensure the Burkes’ do not ‘benefit’[17] from any delay. Hittner has sordidly exploited and abused his authority as a Judge for malicious and vindictive reasons and while in a time of chaos, which he sees as an opportunity to camouflage and execute his contemptible acts.[18]

Facts:

Due to Hittner’s bias[19], he (1) deprived the Burkes of their constitutional rights to a fair hearing (due process) which was scheduled for 3/19/2020 and which was 5 days after Gov. Abbott declared the State a disaster. It is clearly a violation of civil and human rights as to its premeditated timing, e.g. a pandemic.[20]  (2) When the M&R was objected to by the Burkes in their filing, they alleged that either Bray and/or the court ‘doctored’ and/or edited[21] the significantly delayed Transcript and Audio which the Burkes requested (on an expedited filing basis). The Burkes supplied affidavits confirming Bray shouting at John Burke and asking if he was a ‘criminal’, which had been excluded from the transcript and audio. Joanna Burke is hard of hearing.[22] Unlike the first time Bray met the Burkes in a busy Scheduling conference with many attorneys present, in this ‘private’ conference (9/10/2019), Bray refused to ‘mic up’ and the Burkes complained Hopkins was answering in a soft spoken voice intentionally so she could not clearly hear his responses. (3) This outburst by Bray was as a result of the Burkes, a Court Reporter, and Clerk all witnessing Mark Hopkins at this Sept. conference twice posing premeditated lies to the court, claiming the Burkes’ wanted certain judges to be shot. He later admitted to his lies.[23] The Burkes were waiting for Bray and/or Hittner to start formal perjury, contempt or other disciplinary action against Hopkins.[24] That never happened due to Hittners’ bias[25] against the Burkes as stated herein. (4) The M&R was premature when the Burkes have a related case pending with this court, namely Ocwen, (#19-20067). This is similar to the 5th Circuit case in All American,[26] where Judges’ Higginbotham and Higginson, pushed through a premature opinion. The en banc court set aside for a rehearing to be scheduled at some time in the future, due to Coronavirus.[27] Likewise, this M&R would never have been issued by competent judges, but for bias by Hittner[28] (and Bray). (5) Hittner has shown a consistent pattern of bias since the departure of Smith, e.g., he has canceled hearings to intentionally deprive the Burkes their right to a fair hearing (e.g. conference above), refused an extension of time to allow the Burkes to amend their complaint (Doc. 26) when Joanna Burke was gravely ill in hospital (per Doc. 24) and there was known errors and omissions in the first amended complaint[29]. John Burke drove from Kingwood to the court to hand-deliver the documents (Doc. 27) as Hittner had denied ECF filing (Doc. 21) and while Joanna Burke was in hospital on her own.

Immorality from Hittners’ Bench:

Hittners’ spouse is a doctor. Yes, his actions are his own, but these acts can only be described as heinous when targeted towards sick, disabled and elderly citizens before the court and in defiance of a pandemic.  Hittner violates the Judicial oath, ethics and canons.[30] His actions are so uncivilized and unlawful, they are impeachable.[31]  He deserves to be stripped from wearing a black robe, as would happen if he was dishonored by the Airborne for wartime crimes.  Hittners’ dishonorable acts squarely meet the criteria.

Summary:

The Burkes civilly request the Chief Judge, a known Christian and Church leader, appoint the Special Committee (See Act, Section 353(c)) to determine and ratify not only the very serious allegations in this complaint, which are true,[32] but to allow for referral to Congress for impeachment of Hittner (See Act, Section 354 ).

Prayer:

In a time where the country is in a state of emergency, Hittner only sees as an opportunity for evil acts – directed towards the Burkes. The Burkes complaint against Hittner should be affirmed. Any and all further relief which can and should be granted is requested, e.g. per Act, Section 354.

Stay safe and God bless,
Submitted this day, Friday, March 27, 2020

by email to pro_se@ ca5.uscourts.gov
(per website and due to ‘stay at home’ order)

s/ Joanna Burke
Joanna Burke
kajongwe@gmail.com
46 Kingwood Greens Dr.,
Kingwood, TX, 77339

s/ John Burke
John Burke
alsation123@gmail.com
46 Kingwood Greens Dr.,
Kingwood, TX, 77339

[1] The Judicial Conduct and Disability Act (1980) (“the Act”) authorizes any person to file a complaint alleging that a federal judge has engaged in conduct “prejudicial to the effective and expeditious administration of the business of the courts.”

[2] See https://www.txs.uscourts.gov/page/united-states-district-judge-david-hittner

[3] See Fletcher v. Commission on Judicial Performance, 19 Cal.4th 865 (Cal. 1998)

[4] Disclaimer; the Burkes note this court and Chief Judge will review the docket in the Hopkins case to be in compliance with complaint procedures as per the Act.

[5] For example, dismissal under 28 U.S.C. § 352(b)(l)(A)(i), (ii) or (iii).

[6] Deutsche Bank Nat’l Trust Co. v. Burke, 92 F. Supp. 3d 601 (S.D. Tex. 2015).

[7] Deutsche Bank Nat’l Tr. Co. v. Burke, No. 15-20201 (5th Cir. June 9, 2016).

[8] Deutsche Bank Nat’l Tr. Co. v. Burke, 902 F.3d 548 (5th Cir. Sept. 5, 2018) (unpub.), Deutsche Bank Nat’l Tr. Co. v. Burke, No. 18-20026, (5th Cir. Sept. 10, 2018) (pub.).

[9] Burke v. Ocwen Loan Servicing, LLC, Civil Action H-18-4544 (S.D. Tex., Dec. 2018).

[10] “[J]udges do not choose their cases, and litigants do not choose their judges. We all operate on a blind draw system. . .” McCuin v. Texas Power Light Co., 714 F.2d 1255, 1265 (5th Cir. 1983).

[11] See https://www.txs.uscourts.gov/page/united-states-magistrate-judge-peter-bray

[12] Burke v. Hopkins, Civil Action H-18-4543 (S.D. Tex. Feb. 24, 2020).

[13] See Doc. 66,  https://www.courtlistener.com/docket/8385194/burke-v-hopkins/

[14] See https://gov.texas.gov/news/post/governor-abbott-declares-state-of-disaster-in-texas-due-to-covid-19

[15] Exhibit A.

[16] Pretrial conference noticed on Feb. 11, 2020. (Doc. 64) for a hearing on March 19, 2020, which coincidentally timed perfectly after M&R, time for Burkes objections and Hopkins response on 16 March, 2020. Thus, this conference 3 days later would then allow for Hittners’ planned hearing and quick dismissal. Alas, Coronavirus interfered with Hittners’ original and premeditated plan.

[17] For example, delay any future legal eviction from the residence based on order of foreclosure.

[18] When a state deprives a person of liberty or property through a hearing held under statutes and circumstances which necessarily interfere with the course of justice, it deprives him of liberty and property without due process of law. Moore v. Dempsey, 261 U.S. 86; Frank v. Mangum, 237 US 309. – Tumey v. Ohio, 273 US 510, 511 (1927).

[19] See the Breyer Report A-6 FAILURE TO INQUIRE ABOUT CLAIMS OF A JUDGE’S BIAS TOWARD A LITIGANT, p. 50 (Standard 3).

[20] See Cain v. White, 937 F.3d 446, 451 (5th Cir. 2019)

[21] See the Breyer Report; A-4   FAILURE TO INVESTIGATE ADEQUATELY A COMPLAINT THAT A JUDGE ORDERED A TRANSCRIPT ALTERED p.48-49 (Standard 5).

[22] Disclaimer; But when Judge Bray shouts and gesticulates at her husband asking “Are you a criminal”, that was loud enough for her to hear clearly.  Textual interpretation: She’s hard of hearing rather than deaf.

[23] Doc 60, p3, footnote 2, Oct 7, 2019

[24] See Doc 66, and In re Moity,320 Fed. Appx. 244, 248 (5th Cir., 2009) and Ocean-Oil Expert Witness, Inc. v. O’Dwyer, 451 F. App’x 324, 8 (5th Cir. 2011).

[25] See the Breyer report, “that the judge ruled against the complainant…because the judge doesn’t like the complainant personally, is not merits-related.” p.54.

[26] Consumer Fin. Prot. Bureau v. All Am. Check Cashing, Inc., No. 18-60302 (5th Cir. Mar. 3, 2020)

[27] See http://www.ca5.uscourts.gov/opinions/pub/18/18-60302-CV1.pdf

[28] Cain v. White, 937 F.3d 446, 452 (5th Cir. 2019).

[29] Due to a lack of time for reasons stated and a printer that was misbehaving on deadline day.

[30] See Dorsey v. U.S. Dep’t of Educ., 528 B.R. 137, 142 n. 6 (E.D. La. 2015) and  https://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges

[31] See Act, Section 354.

[32] The Act requires the chief judge of a circuit to consider each complaint and, where appropriate, to appoint a special committee of judges to investigate further and to recommend that the circuit judicial council assess discipline where warranted.

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Impeach Judge David Hittner. That’s the Request Before the Fifth Circuit’s Chief Judge Priscilla Owen
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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