Petition[1]lazaryan

PETITION to the Minnesota Judicial Board of Standards for Disciplinary Action against Ramsey County District Court Judge Joann Smith and Ramsey County District Court Judge Edward Cleary Now here comes sovereign state Citizen Nancy C. Lazaryan, in propria persona, in summon jure, petitioning this Minnesota Judicial Board of Standards for: The determination that Ramsey County District Court Judge Joann Smith has violated her Oath of Office by denying Petitioner her right of due process, secured by the Minnesota and United States constitutions, and is disciplined by removal from the state office of district court judge, without pension. Alternatively, that Judge Joann Smith be removed from the office of district court judge due to mental disability. ---and--The determination that Ramsey County District Court Judge Edward Cleary has violated his Oath of Office by engaging in ex parte communication with Judge Joann Smith, and thereby violated of the secured due process rights of the Petitioner, and is disciplined by removal from the state office of district court judge, without pension. Petitioner makes her complaint before this Minnesota Judicial Board of Standards under protest, and reserves her right to bring her complaint before a subsequent Board that is in compliance with the Minnesota constitution.

PETITIONER COMPLAINS AS FOLLOWS: 1. Judge Joann Smith, while in the office of district court judge did violate her Oath of Office, by violating a Citizen’s due process rights, when she engaged in ex parte communication with a party to an action, and then used said ex parte communication in making an adverse ruling against the opposing party. Judge Smith’s actions are a violation of Canon 3(A)(7) of the Minnesota Code of Judicial Conduct. 2. Judge Joann Smith, while in the office of district court judge did violate her Oath of Office, by violating a Citizen’s due process rights, when she engaged in ex parte communication with Ramsey County District Court Judge Edward Cleary and received a letter from Judge Cleary referring to matters in the Petitioner’s case before Judge Smith, and Judge Smith did not immediately recuse herself for bias. Judge Smith’s actions are a violation of Canon 3(A)(7) of the Minnesota Code of Judicial Conduct.

3. Judge Joann Smith, while in the office of district court judge is unable to properly determine the real property that is the subject matter of a quiet title action, and has made adverse rulings against Petitioner because of this so stated mental disability. 4. Judge Joann Smith, while in the office of district court judge is unable to understand the simple concepts of time, and this so stated mental disability of the judge has violated Petitioner’s right to a fair and impartial trial, said right secured by the Minnesota and United States constitutions. 5. Judge Joann Smith, while in the office of district court judge is to unable to determine what parties are bringing what motions in the action currently before the judge, in which Petitioner is a party. Judge Smith has ruled on several Motions (of Petitioner), which Petitioner never brought. This so stated mental disability of the judge has violated Petitioner’s right to a fair and impartial trial, said right secured by the Minnesota and United States constitutions. 6. Judge Edward Cleary, while in the office of district court judge did violate his Oath of Office, by violating a Citizen’s due process rights, when he engaged in sending ex parte communication to Judge Smith. In said communication, Judge Cleary attempted to influence the decisions made by Judge Smith. Said actions by Judge Cleary are a violation of the Petitioner’s secured rights to a fair and impartial trial and due process, secured by the Minnesota and United States constitutions. As well, the actions of Judge Cleary are a violation of Canon 3(A)(7) of the Minnesota Code of Judicial Conduct.

FACTS The facts supporting this Petition are upon the public record in the Ramsey County district court case file number 62-C4-06-010365. On August 12, 2007, Petitioner served a Motion upon the opposing parties in said court case. Petitioner attaches and incorporates said Motion into this Petition and makes record of the FACTS stated in said Motion. (See attached Exhibit A). ARGUMENT

A judge of the district court is a public official, required to swear an Oath of Office. In said Oath of Office, the public official must swear that, while holding said office, the judge will not violate the Minnesota and United States constitutions. Evidence has been brought before this Board of Judicial Standards that the so stated judges have violated their Oaths of Office, in that they have violated the Petitioner’s rights secured by these constitutions. The legislature is considering a bill that would require the Board to report the legislature. Pursuant to the Minnesota constitution, the legislature has the authority to

discipline judges, not the judicial branch. In this Petition before the Board, the necessity for the Board to report to the legislature is clear. One of the judges Petitioner complains of, Judge Cleary, sits on the “special advisory committee” created by the Minnesota Supreme Court to review the operations of the Minnesota Judicial Board of Standards. For this current Board to review and consider the Complaint against Judge Cleary is an enormous conflict of interest, and denial of Petitioner’s constitutionally secured right of redress. This Board was established to consider complaints of injuries or wrongs done by judges, against Citizens; as such, to secure that the Citizens have an ability to bring complaint, redress, against judges. Because of the conflict of interest, in this Board considering the complaint against Judge Cleary, Petitioner is denied her right of redress, and a fair and impartial tribunal to bring her complaint. Accordingly, Petitioner demands that the current Board recuse itself from hearing this petition and complaint; and that this petition and complaint be heard in a different state, or be heard, directly, by the legislature.

Petitioner rests. August 20, 2007

_______________________ Nancy C. Lazaryan, in propria persona, in summon jure 10734 West Lake Road Rice, MN 56367