IMPEACH JUDGE MICHAEL DENNING OF WAKE COUNTY, NC FOR FORGING $49,321.75 ATTORNEY FEE ORDER
IMPEACH JUDGE MICHAEL DENNING OF WAKE COUNTY, NC FOR FORGING $49,321.75 ATTORNEY FEE ORDER
IMPEACH JUDGE MICHAEL DENNING of Wake County Domestic Court of North Carolina.
Wake County Judge, Judge Michael Denning needs to be impeached and removed from office immediately due to proven fraud and abuse of power in Case 13-CVD-31 by forging a $49,321.75 "ORDER ATTORNEY FEES" for Attorney Kristin H. Ruth of SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP.!
Case 13-CVD-31 has a 7 year history of multiple criminal violations by officers of the court. This petition is focused only on the forged "ORDER ATTORNEY FEES": https://www.ncappellatecourts.org/show-file.php?document_id=246087
Also see https://www.classaction.org/media/cavin-v-smith-debnam-narron-drake-saintsing-and-myers-llp.pdf and research the convictions of Officers of Wake County courts.
Judge Michael Denning's actions are criminal violations of Article 30 - Obstructing Justice - N.C. Gen. Stat. §14-221.2 "Altering court documents or entering unauthorized judgments" & §14-100 "Obtaining property by false pretenses" to unlawfully obtain money and property from Sunaina S. Glaize.
While Judge Denning presided over 13-CVD-31 where the initiating Complaint was altered and forged after entry into the court's official record which rendered Complaint 13-CVD-31 Void. Consequently, all Orders entered by Judge Michael Denning are, as a minimum, void for lack of subject matter jurisdiction and for fraud upon the court.
CHRONOLOGY of ACTIONS BY JUDGE DENNING:
1. On January 3, 2013 Complaint for 13-CVD-31 was filed by Alice Stubbs (Attorney for Sunaina Glaize)
2. On January 7, 2013 BOTH the Complaint's Notarization and Summons to the Defendant were fraudulently and unlawfully altered in the court's official record.
3. On March 5, 2013, without Subject Matter Jurisdiction, Judge Michael Denning entered a Consent Order without a hearing and based it on the altered Complaint.
4. On August 25, 2016 without a Motion to Modify Child Custody and after a four-day hearing on Permanent Custody between April 19-22, 2016, Judge Denning entered an order 'captioned' ORDER TEMPORARY CUSTODY.
5. Kristin Ruth, SMITH DEBNAM Attorney for Defendant, failed to serve the August 25, 2016 ORDER TEMPORARY CUSTODY upon Sunaina Glaize in violation of North Carolina Rules of Civil Procedure, Rule 5 Certificate of Service, Rule 11 Signature of Attorney, & Rule 58 Serve within three days of entry of the order by US Mail.
6. In the August 25, 2016 ORDER TEMPORARY CUSTODY Judge Denning ordered attorneys [*] to submit a proposed order, affidavit for attorney's fees, and Billing/Invoices within 10 days of entry of the August 25, 2016 ORDER TEMPORARY CUSTODY.
[*Wake County Attorneys - Deborah Sandlin of Sandlin Family Law Group - attorney for representation of Dr. Carolyn Pender-Roche of Silber Psychological Services PA / Next Step Psychology PLLC, Timothy P. Lehan of Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP for Dr. Reid Whiteside of Silber Psychological Services PA, and Kristin H. Ruth of SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP. for Defendant Samuel Greer Glaize]
7. September 7, 2016 Deborah Sandlin emailed Judge Michael Denning a request for Attorney Fees and included a proposed order "ORDER ATTORNEY FEES" in an editable Microsoft Word document, an Invoice in the amount of $3,885.00, and a supporting Affidavit requesting $3,885.00. Sandlin's submission was not timely.
8. On September 8, 2016 Timothy Lehan also emailed Judge Michael Denning a request for Attorney Fees and included a proposed order in an PDF document, an Invoice in the amount of $1,180.00, and a supporting Affidavit requesting $1,180.00. Lehan's submission was not timely.
9. Kristin H. Ruth never submitted any of the documents required by the August 25, 2016 ORDER TEMPORARY CUSTODY, and made no request for Attorney's Fees.
10. On September 23, 2016 Plaintiff Sunaina Glaize filed a Motion to Vacate the August 25, 2016 ORDER TEMPROARY CUSTODY for Lack of Subject Matter Jurisdiction and for Fraud Upon the Court citing numerous violations of Rules of Civil Procedure, Rules of Professional Conduct, and criminal violations.
11. Altering Deborah Sandlin's Word document proposed order captioned "ORDER ATTORNEY FEES", Judge Denning fraudulently changed the amount of $3,885.00 to $49,231.75 for unjust enrichment of Kristin H. Ruth of the SMITH DEBNAM law firm. Judge Denning's forged ORDER ATTORNEY FEES is identical to Deborah Sandlin's proposed ORDER ATTORNEY FEES including typographical errors and gramatical context demonstrating Judge Denning copied Deborah Sandlin's proposed order of which Judge Denning then fraudulently submitted and entered as if it were submitted by Kristin Ruth.
12. On December 15, 2016, without a hearing, without a supporting affidavit, without a billing/invoice, and without a proposed order from Kristin Ruth, Judge Denning entered his altered and forged version of Deborah Sandlin's "ORDER ATTORNEY FEES" in the amount of $49,231.75 for Kristin Ruth.
13. Judge Denning was legally prohibited from proceeding with any litigation until he heard Sunaina Glaize's September 23, 2016 Motion to Vacate the August 25, 2016 ORDER TEMPROARY CUSTODY.
14. By entering the ORDER ATTORNEY FEES without hearing Sunaina Glaize's September 23, 2016 Motion to Vacate August 25, 2016 ORDER TEMPROARY CUSTODY, Judge Denning is also guilty of Denial of Due Process for Sunaina Glaize.
15. In repeat violation of Rule 5, 11, & 58, Kristin Ruth and the SMITH DEBNAM law firm failed to serve the December 15, 2016 ORDER ATTORNEY FEES upon Sunaina Glaize or the alleged "Exhibit A" cited as the attachment referenced in the ORDER ATTORNEY FEES.
16. On December 24, 2016 Plaintiff Sunaina Glaize filed a Motion to Vacate the December 15, 2016 ORDER ATTORNEY FEES for Lack of Subject Matter Jurisdiction and for Fraud Upon the Court citing numerous violations of Rules of Civil Procedure, Rules of Professional Conduct, and criminal violations.
17. Subsequently, Sunaina's Motion to Vacate the August 25, 2016 ORDER TEMPORARY CUSTODY and her Motion to Vacate the December 15, 2016 ORDER ATTORNEY FEES were removed from the 13-CVD-31 Wake County court case file.
18. Between December 15, 2016 through April 2017, the SMITH DEBNAM law firm and Kristin Ruth sent Sunaina Glaize four Demand Letters citing the December 15, 2016 ORDER ATTORNEY FEES for payments by Sunaina Glaize to SMITH DEBNAM law firm in the amount of $200.00 per month.
19. On February 14, 2017 Kristin H. Ruth and the entire law firm of SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP withdrew from the Glaize vs. Glaize case 13-CVD-31.
20. In March of 2017, Pamela Reece (Judge Denning's Judicial Assistant), canceled the March 6, 2017 Noticed and Calendared hearing for the September 23, 2016 Motion to Vacate the August 25, 2016 ORDER TEMPROARY CUSTODY, without Sunaina Glaize's consent. Pamela Reece fraudulently justified canceling the hearing falsely alleging there was no motion to be heard [see 17 above.].
21. After fraudulently canceling Sunaina Glaize's hearing, and without filing a proper Notice and Calendaring, Pamela Reece then emailed Sunaina Glaize to appear for an alleged "Child Custody Review" on April 3, 2017. By committing this act, Pamela Reece, Judge Denning's Judicial Assistant, effectively revealed Judge Denning was advocating for Defendant Samuel Greer Glaize who was an unrepresented party between February 14, 2017 through March 29, 2017.
22. Sunaina Glaize's Motion to Vacate December 15, 2016 ORDER ATTORNEY FEES challenged the unlawful entry of the ORDER ATTORNEY FEES on the basis that Kristin Ruth had completely failed to file the Affidavit, Billing/Invoice, and Proposed Order as required by NC Gen. Statute and in the August 25, 2016 ORDER TEMPORARY CUSTODY.
23. Without a motion and in obvious effort to conceal his forgery of the $49,321.75 ORDER ATTORNEY FEES for Kristin Ruth and SMITH DEBNAM law firm, on March 28, 2017, Judge Michael Denning unlawfully and with malicious intent to unlawfully incarcerate Sunaina Glaize, signed an "ORDER TO APPEAR AND SHOW CAUSE" demanding explanation as to why Sunaina Glaize should not be held in contempt of court for not paying the $49,321.75 to Kristin Ruth and SMITH DEBNAM law firm as fraudulently ordered in the forged December 15, 2016 ORDER ATTORNEY FEES.
24. Evidence of Judge Denning's malicious intent is the fact that Judge Denning knew that Sunaina Glaize had (via her December 24, 2016 Motion to Vacate the December 15,2016 ORDER ATTORNEY FEES) already cited the fact that Kristin Ruth had failed to file the required Affidavit, Billing/Invoice, and Proposed Order, Judge Denning already had an explanation of why Sunaina had not paid the attorney fees.
25. On March 29, 2017 Kristin H. Ruth reappeared as Defendant's attorney of record and filed a "Motion for Contempt and Order to Appear and Show Cause" why Sunaina Glaize should not be held in contempt of court for failing to pay SMITH DEBNAM $49,321.75 in attorney fees. Kristin Ruth's motion for contempt was filed with attached exhibits of four demand letters and the ORDER ATTORNEY FEES but without the alleged "Exhibit A attached Billing" and without certificate of service and without verification of the motion.
24. Notice that Judge Michael Denning had 'signed' the Show Cause ORDER one day before Kristin Ruth had filed the Motion for Contempt!
25. At the time Kristin Ruth had filed the Motion for Contempt and Order to Show Cause, Kristin Ruth (and Judge Denning) knew that Kristin Ruth had never submitted the required Affidavit, Billing/Invoice, and Proposed Order for entry of the December 15, 2016 forged ORDER ATTORNEY FEES unlawfully entered ex parte in Denial of Due Process for Sunaina Glaize.
26. On April 3, 2017, based upon Pamela Reece's March 2017 email [21 above], Sunaina Glaize appeared believing she was called for a Custody Review hearing even though Kristin Ruth and Defendant failed to file a proper Notice and Calendaring of a hearing for the March 29, 2017 Motion for Contempt and Order to Appear and Show Cause..
27. Kristin Ruth did not appear for the hearing even though she filed the motion and Defendant Samuel Greer Glaize did not raise any concerns for non payment of attorney fees.
28. Sunaina Glaize testified to Judge Michael Denning that she had not been served the August 25, 2016 ORDER TEMPORARY CUSTODY and explained to Judge Denning that she could not be held in contempt of court because there was no valid order in the Glaize vs Glaize 13-CVD-31 case.
29. Sunaina Glaize had objected to Defendant's legal respresentation by Kristin Ruth and SMITH DEBNAM as they had become defendant parties to the case for concealing child abuse of the minor child in the case and were material witnesses to fraud upon the court in the entry of the fraudulent order for $49,321.75 attorney fees.
30. Sunaina Glaize also filed a Motion to Recuse Judge Michael Denning and Motion to Disqualify the entire law firm SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP on April 3, 2017.
31. On April 3, 2017 Judge Denning ordered Sunaina Glaize stand beside the next to the Bailiffs during the entire hearing demonstrating a clear malicious intent to harass, humiliate, and incarcerate Sunaina Glaize prior to her hearing as a means to intimidate her into submitting to unjust and unlawful treatment which also serves to warn others not to challenge unlawful acts by a family court judge.
32. On April 3, 2017 Judge Denning acknowledged Sunaina Glaize was not served the August 25, 2016 ORDER TEMPORARY CUSTODY and unlawfully announced "we'll fix it" and revealed he did not have the lawful ability to prosecute Sunaina Glaize, nor hold her in contempt, and thus did not order the four bailiffs present in the court to arrest and incarcerate Sunaina Glaize.
33. Also note that during litigation Judge Michael Denning allowed the opposing councels to act as councels for both parties. The Father-Daughter-Team of A.T. (aka Anne Thurston) Debnam and Wilbur Debnam-Thurston, Jr.
34. Between April 3, 2017 through August 28, 2017 Judge Michael Denning entered nine ex parte orders without motions, without hearings, without subject matter jurisdiction and therefore without lawful authority which was not limited to allowing Defendant's SMITH DEBNAM attorney Alicia Jurney to unlawfully appear as Sunaina Glaize's attorney to illegally obtain entry of a GateKeeper Order against Sunaina Glaize on April 19, 2017 while Sunaina Glaize was in Florida under a protective order for her and the minor child against Defendant.
35. Judge Denning knew that without the presence of both parties, which includes Sunaina Glaize, he could not enter a Gatekeeper Order.
36. On June 15, 2017, Kristin Ruth stated in court transcript 'Judge this is the last piece of property that Sunaina Glaize has for us to obtain $49,321.75'.
37. On August 28, 2017 Judge Michael Denning closed the Glaize vs Glaize 13-CVD-31 case.
38. On September 28, 2017 Judge Denning entered yet another illegal order captioned "Permanent Child Custody Order" and unlawfully authorized SMITH DEBNAM Attorney Alicia Jurney to appear on behalf of Plaintiff Sunaina Glaize while simultaneously allowing Kristin Ruth to appear on behalf of Defendant Samuel Greer Glaize.
39. In Law, an Attorney Fees Order is the final order in any case and can only be entered after a Final Judgment has been entered. After Judge Denning closed the case on August 28, 2017, Judge Denning was legally prohibited from entering any other order after entry of the December 15, 2016 ORDER ATTORNEY FEES.
40. In continuation of Fraud Upon the Court, Judge Michael Denning lied claiming that Defendant filed a motion to reduce attorney fees to judgment allegedly on September 20, 2017 and entering another fraudulent "ORDER" on October 11, 2017 in criminal violation of N.C. Gen. Stat. §14-221.2 & §14-100 to unlawfully obtain money and property from Sunaina Glaize.
41. Throughout Litigation Judge Michael Denning tried several methods to damage, incriminate, and unlawfully incarcerate Plaintiff Sunaina Glaize and entire extended family in effort to conceal his crimes.
42. Between April 7, 2017 through October 11, 2017 Judge Michael Denning entered nine orders via ex parte means, without motions, without subject matter jurisdiction, without personal jurisdiction, and failed to serve any order upon Suniana Glaize pursuant to NC Rules 5, 11, & 58.
43. On November 8, 2018 Judge Michael Denning was re-elected unopposed as a family court judge for the next term ending in 2022.
44. On December 10, 2018, Sunaina Glaize filed a petition for Writ of Mandamus P18-850 Glaize vs. Glaize and an order for show cause for Judge Michael Denning to produce an affidavit, billing, and proposed order attorney fees, which were mandatory requirement for entry of the December 15, 2016 ORDER ATTORNEY FEES.
45. Immediately after Sunaina Glaize had filed the Writ of Mandamus, Judge Denning was moved from Domestic Court to Traffic Court in Wake County Court and Judge Griffin assumed responsibility for Judge Denning's Domestic Court Cases https://www.wcfcc.com/ "Effective January 1, 2019, Judge Denning will no longer be presiding in domestic court. All cases previously assigned to Judge Denning will now be assigned to Judge Griffin".
46. On December 21, 2018 Sunaina Glaize filed a Notice of Appeal to challenge the August 25, 2016 ORDER TEMPORARY CUSTODY and the October 11, 2017 ORDER (reducing attorney fees to money judgment).
47. Sunaina Glaize is awaiting response from the North Carolina Court of Appeals: https://www.ncappellatecourts.org/show-file.php?document_id=246087.
Notice the Wake County Court Website does not inform Wake County Citizens that Judge Michael Denning committed egregious criminal violations in Obstruction of Administration of Justice to enrich a familiar local law firm [SMITH DEBNAM] and attorney Kristin Ruth [NC Bar ID-18244] who was a former judge convicted in 2012 in case 12CRS6805 [http://www.ncbar.gov/orders/Ruth,%20Kristin%20Reprimand.pdf] for backdating DWI orders of other judges.
Remove of Judge Denning from Family/Domesitc Court is inadequate as a measure of Accountability and Justice for All.
This petition is important because it relates to recent issues with North Carolina (and Wake County Court) where internet research reveals corruption exist and hurting North Carolina families while Judges like Judge Michael Denning are abusing their power for pecuniary gains: https://www.newsobserver.com/news/politics-government/article217225375.html,https://www.newsobserver.com/news/local/crime/article204728894.html
Judge Denning knowingly and willfully committed crimes against Sunaina Glaize and her entire family. Judge Denning tried to silence an innocent litigant by implicating Sunaina Glaize in an effort to conceal his own crimes. Judge Denning should answer to a jury the same as any other litigant with citations of civil and criminal violations of North Carolina Law! A judge who has committed any violations should not be deciding the fate of other citizens.
As Kristin Ruth was allowed to return to practice law as an attorney after being convicted for crimes as a judge she resumed her criminal misconduct as an attorney in the same court system. As Chief Superior Court Judge Donald Stephens stated, “Judges are supposed to conduct themselves in a manner that demonstrates to everyone that justice does not play favorites,” he said. “If a judge fails in the role as a gatekeeper … the integrity of the court system is completely compromised and the public’s trust in the system is lost":
In the instant case Judge Michael Denning has damaged the public trust and plays favorites with the SMITH DEBNAM law firm for pecuniary gains and has damaged Sunaina Glaize and her entire family in the process.
We cannot afford to allow this miscarriage of justice to perpetuate in the Wake County Court system. Judge Denning once stated "China wouldn't be so bad if it wasn't for all the Chinese" https://indyweek.com/news/archives/wake-county-judge-michael-denning-china-bad-chinese/
Effectively, by such statements from the bench Judge Michael Denning recognizes the world would be a better place without corrupt Judges like Judge Michael Denning. Please vote for the impeachment of Judge Michael Denning. Other litigants are counting on your votes.