First of all, this web site is not affiliated with the Colorado
Court System. This site is my opinions on the Colorado Court system as protected by
my First Amendment rights of free speech. Do not take anything on this web site as legal advice.
I have established this web site site since in my opinion
Magistrate Terry Tomsick of the Denver County Court system
can follow the laws that are clearly
outlined in the Colorado Statutes. Moreover, I filed a complaint against each judge and
in my opinion Colorado's judicial review is nothing more than an exercise to say
they "investigated" the complaint.
I file a small claims action in Colorado.
[October 2, 2002]
Strictly adhering to Colorado Rules of Civil Procedure, I file a
small claims suit in the proper jurisdiction. The trial was scheduled for November 13, 2002.
Magistrate Terry Tomsick dismisses the case without prejudice.
[November 4, 2002]
Even though I followed procedure, Magistrate Tomsick dismisses case without prejudice. Evidently Magistrate Tomsick
is unaware of of Colorado Rules of Civil Procedures Chapter 5 Rule 41 that states:
It is error to dismiss where plaintiffs are seeking to proceed. Where no party has sought a dismissal, plaintiffs are seeking to proceed, no hearing is had on the question of justifiable cause for dismissal and no findings of wilful default are made by the court, it is error for a trial court to dismiss the action. Levine v. Colorado Transp. Co., 163 Colo. 215, 429 P.2d 274 (1967); Maxwell v. W.K.A. Inc., 728 P.2d 321 (Colo. App. 1986).
I show up for the trial.
[November 13, 2002]
Unfortunately, the courts did not give me ample warning that they unlawfully dismissed the case so I showed up for my trial.
I was then informed that my case had been dismissed. I asked to see Magistrate Tomsick.
I was informed that she was not in the courthouse. I asked why did she make a ruling on my case
when it was obvious she probably wasn't scheduled to hear my trial. I received the clerks favorite
answer: "I don't know". I then looked at the case file and I noticed Magistrate Tomsick made contact
with the defendant's which is unlawful ex-parte communication. In addition, the case file said the case was
dismissed due to an arbitration clause. There was never an arbitration clause between myself
and the defendants. Where Magistrate Tomsick pulled this clause from is beyond me.
I file an appeal to remove dismissal.
[November 13, 2002]
While I was at the court, I file an appeal to overturn the dismissal without prejudice.
Magistrate Tomsick rejects appeal and dismisses case with prejudice.
[November 15, 2002]
Even though I told the courts I didn't want that dumb dyke to review my appeal, Magistrate
Tomsick dismisses my case with prejudice. As anticipated, Magistrate Tomsick failed to follow Colorado Rules of County Civil Procedures Chapter 25 Rule 341 that states:
Actions not prosecuted or brought to trial with due diligence may, upon notice, be dismissed without prejudice As affirmed in Empiregas, Inc., of Pueblo v. County Court, 715 P.2d 937 (Colo. App. 1985).
The only reason for dismissal with prejudice would be if I failed to follow Colorado Rules of Civil Procedure pertaining to the administrative part of my case (e.g., properly served, properly filed, didn't pay fees, etc.). Per the case file, none of this pertains since I strictly followed Colorado Rules of Civil Procedure.
I file an appeal to overturn Magistrate Tomsick's ruling.
[November 28, 2002]
Still waiting on a ruling.
I file a complaint with the Chief Judge.
[December 2, 2002]
I file a complaint (
click here) against Magistrate Tomsick.
I also file the same complaint with the Office of Attorney Regulation (OAR).
I receive a call from an attorney with the OAR office.
[December 16, 2002]
On December 16, 2002, I had a telephone conversation with
Mr. Andrew Synchef, Esquire about my complaint against Magistrate Tomsick.
While Mr. Synchef was professional and gracious enough, basically he told me
by his actions that Magistrate Tomsick doesn't need to follow Colorado Rules of
Civil Procedure. When I say his actions, basically our conversation was nothing
more than a formality to show the board that they're investigating complaints since
my complaint was left as we'll keep it on file for future reference. You'd think their
department would at least take the time to look at the case file to investigate
my complaint but it's obvious this isn't how their department operates.
The Colorado Judicial Performance Review asks me to clarify my complaint.
[December 16, 2002]
The following is a copy of the letter ( click here) I sent to the Judicial Performance Review.
I write the head of OAR.
[December 16, 2002]
I write ( click here) the head of OAR to tell him what I think of their
"investigative" proceedings.
I receive a response to my complaints from the Judicial Performance Review.
[March 10, 2003]
As I expected, the Judicial Performance Review failed to address
the main points of my complaint. The following letter ( click here) is their response to my complaint.
I respond to their response.
[March 22, 2003]
I sent a letter ( click here) to the Judicial Discipline Commission asking them to a)
provide a copy of the arbitration clause (there never was an arbitration clause between myself and the defendants) they kept quoting and b) a copy of the law Magistrate Tomsick
based her decision on. Moreover, I asked them why they didn't respond to the specific points of
my complaint. I'm still waiting.
I establish this web site.
[July 15, 2003]
I've established this web site in hopes of finding an attorney
to take my case against Colorado for their failure to follow Colorado laws as well as the willful intent to deny me my rights of due process.
If interested, please contact me at
CoCourtsAreASham@yahoo.com.
