PARTIES:

I, Barry Smith am  the Defendant/Appellant in PEOPLE V. BARRY SMITH, Case No. XXXXXXXX, in Larimer County District Court an appeal springing from XXXXXXXXXX in the Larimer County Court Loveland Division.  I am the plaintiff in Barry Smith v. HONORABLE JUDGE JOHN XXXXXXXXXX OF THE LARIMER COUNTY COURT, LOVELAND DIVISION, Case No. XXXXXXX, in Larimer County District Court, a C.R.C.P. 106(a)(2) mandamus proceeding in Larimer County District Court.

Judge John DS is the Larimer County District Court judge that has been assigned to hear each of the above cases.  Judge DS is the person against whom relief is sought.

ACT COMPLAINTED OF:

Judge DS dismissed my appeal, Case #xxxxx, and, dismissed my mandamus complaint, Case #xxxxx, before  ruling on my motions to disqualify him first contrary to and in alleged contempt of C.R.C.P. 97, a rule made by this Court, and various case rulings  issuing from this Court.

NO OTHER RELIEF IS AVAILABLE:

Prior decisions issuing from this Court hold that a motion to substitute a judge should be the first motion heard and that a judge has  no authority to rule on any other motion until that motion has been ruled on; and that, if a judge fails to rule on the motion first, that he has abused his discretion.   No other relief is available on the appeal, Case #xxxxxxxxx, because it is an appeal as a matter of right, from a county court.  Acts taken by the District Court on such an appeal are not appealable as a matter of right.  A notice of appeal has been filed with the Court of Appeals on the dismissal of the mandamus complaint, Case #xxxxxxxxxxxxx, because an appeal as a matter of right is available because the court of original jurisdiction was the district court.  This Court may want to consolidate those two cases with this instant one.  I had filed what I called a Motion for the Court to do Things in the Right Order in which I informed Judge DS of this Court’s prior rulings and he has ignored it.  Previously, I had petitioned this Court regarding Judge DS’s refusal to rule on  my motions to disqualify him.  That petition was denied [Case #xxxxxxxx].  A petition for this Court to issue a writ in the nature of certiorari on the appeal dismissal has been filed contemporaneously with this petition.

Solemn declarations regarding Judge DS’s misconduct have been sent to the Commission for Judicial Misconduct, Governor Owens, and to the Chairman of the House Judiciary Committee, William Kauffman.  At this time no known action has been taken by any of these officials.

Order my contempt treatise and package here.

Legalbear's Contempt Treatise & Package

• Colorado Supreme Court Asked to Hold Trial Judge in Contempt Part 2
• Colorado Supreme Court Asked to Hold Trial Judge in Contempt-The Outcome
• Colorado Supreme Court Asked to Hold Trial Judge in Contempt Part 4
• Colorado Supreme Court Asked to Hold Trial Judge in Contempt Part 3
• When Must a Trial Judge Disqualify Himself?
• What Does it Mean When a Judge Fails to File His Oath?
• Is a Judge a Fiduciary? The Argument:
• When Does the Continuing Violation Doctrine Apply to Statute of Limitations?
• When May a Corporation be Judicially Dissolved?
• When Does the Statute of Limitations Begin to Run?