Thank you in advance for taking the time to read this. I AM ASKING FOR YOUR HELP On May 5, 2011 my wife and I went before Douglas County Juvenile Court Judge Elizabeth G. Crnkovich to answer an unwarranted truancy charge filed against one of our children. Many of us in this group are familiar with the truancy debacle resulting from LB 800 in 2010. Fortunately through the hard work of some very dedicated individuals most of the evils of LB 800 have been reversed. Many families however are still dealing with the fallout of what happened. In my opinion, Judge Crnkovich acted incompetently, with bias and dishonesty in her actions with me and my family and I have spent the last three years (almost 4 years) trying to hold Judge Crnkovich accountable for her actions. Judge Crnkovich showed gross incompetence when she ordered my wife and me to be held in jail until we complied with the order of the court to advise her of our son’s whereabouts. As noted in her written order dated May 5, 2011 before we were sent to jail, we had already informed the Court that our son was told to stay home. Judge Crnkovich writes; “father of said child, stated he ordered his son to remain home” Judge Crnkovich sent us to jail anyway and then wrote in the same order; “IT IS THERFORE ORDERED that the Douglas County Sheriff take Vaughn and Teri Crowell into custody until such time as they comply with the Order of the Court to advise of their son’s whereabouts”. Home is a whereabouts. What could we have said that we had not already said to secure our release from jail? Judge Crnkovich showed bias when she stated “I can only guess that the County Attorney believed that they had sufficient evidence that your son is not attending school in violation of the law and that they could prove it to the Court beyond a reasonable doubt” (court transcript page 7, lines 17 – 21). What happened to our right to an impartial court? Why didn’t Judge Crnkovich also “guess” that I had sufficient evidence that my son was not Truant from school and that Nebraska Statute 79-201, (3) allows absences from school related to illness. This was an extremely bias statement by Judge Crnkovich particularly given the fact that she did not allow us to be heard. She would not hear our side but agreed only that the County Attorney believed they had sufficient evidence of guilt. Judge Crnkovich showed dishonesty when she issued a transcript of the oral proceedings held on May 5, 2011 which was incomplete and incorrect. In my complaint to the Nebraska Judicial Qualifications Commission I allege that at some time and/or multiple times between May 5, 2011and June 27, 2011, Judge Elizabeth G. Crnkovich did act in bad faith when (I allege) she conspired with her court reporter to falsify an official report of the court (transcripts) with the intent to interfere with or obstruct lawful functions of the Judiciary as well as impede the honest function, intent and purpose of judicial procedure in providing a complete, correct and verbatim transcript of oral court proceedings. My complaint (4th complaint filed since 2011) is still under review by the Commission. I also filed a 5th complaint on Dec. 17, 2014. Judge Crnkovich is one of the lowest rated Judges in the State (see Nebraska State Bar judicial evaluations). Unfortunately, she sits on the bench in the Douglas County juvenile courts. My complaints of incompetency, bias and dishonesty regarding Judge Crnkovich’s actions shouldn’t surprise anyone in Douglas County. However, her actions should disgust everyone. Here are some facts: • My wife and I were parties to the court proceedings on May 5, 2011 • Judge Crnkovich and I had a dialog which is not shown in the transcript • The Juvenile Court is a Court of Record • I have submitted to the Commission a notarized affidavit of the missing dialog • No action has been taken by the Commission to hold Judge Crnkovich accountable I believe that Judge Crnkovich should be held to the same level of honesty she demands of the families which come before her in Court. I was informed that if I believe there is an error in the transcript, that I should motion the court for a hearing to discuss the error. I should not have to motion the court for honesty. Transcript Prepared By the Clerk of the Legislature Transcribers Office Rough Draft Childrens Behavioral Health Task Force November 28, 2007 Judge Crnkovich – “Now in my world, you want them to tell the story over and over because theyre not always telling the true story, and you dont know that if they only tell it once” Perhaps Judge Crnkovich should live by her own words. I have told my story to the Judicial Qualifications Commission no less than five times. Judge Crnkovich has only told her story once. I am asking members of this group to assist me in contacting each member of the Nebraska Legislative Judiciary Committee and insist the Committee investigate the possibility of ongoing violations in the Douglas County Juvenile Courts. The Separate Juvenile Courts in Nebraska are by Law, enacted by the people of Nebraska, Courts of Record (NRS 43-2,111). As such, the oral proceedings in the juvenile courts are to be preserved by a court reporter “capable of reporting verbatim the oral proceedings had in court.” (NRS 43-2,123). I am convinced that during the Court proceedings with my family held on May 5, 2011 in the courtroom of Juvenile Court Judge Elizabeth G. Crnkovich NRS 43-2,111 was violated when Judge Crnkovich conspired with her court reporter to either not record certain dialog or deliberately withheld the dialog from the official transcripts. I am also concerned that this was not an isolated incident. In my original complaint against Judge Crnkovich to the Nebraska Judicial Qualifications Commission dated October 19, 2011, I allege Judge Crnkovich “caused the transcript of this May 5, 2011 juvenile court proceedings to be falsified”. On March 26, 2012 the Commission responded that my “complaint does not support a finding of any violation of the Code of Judicial Conduct by Judge Crnkovich.” Since then, I have filed four additional complaints. The Commission has responded to two of the four complaints by again stating my complaint does not support a finding of any violation of the Code of Judicial Conduct and that there is “no clear and convincing evidence of any violation of the Nebraska Code of Judicial Conduct.” The Commission has not responded to my last two complaints dated July 15, 2014 and Dec. 17, 2014. On Dec. 15, 2014 I was copied in an email from Judge Crnkovich in which she writes; “It is clear that this has been most challenging for this individual. This is especially so as these events occurred some three to four years ago. However, events did not transpire as he alleges. This may be confirmed by an audio of the proceedings.” Judge Crnkovich is referring to allegations I make in my 4th complaint to the Commission dated July 15, 2014 (which has yet to be answered by the Commission) in which I allege she conspired with her court reporter to falsify an official report of the court with the intent to interfere with or obstruct lawful functions of the Judiciary as well as impede the honest function, intent and purpose of judicial procedure in providing a complete, correct and verbatim transcript of oral court proceedings. Judge Crnkovich’s statement prompted me to respond with the following letter to Judge Crnkovich: Dec. 17, 2014 Judge E. Crnkovich Presiding Judge Separate Juvenile Court 1701 Farnam St. Rm. 600 Omaha, NE 68183 Judge Crnkovich: I was included in an email response you sent on Dec. 15, 2014 at 0845 to a mutual acquaintance with copies to [names withheld] and others. In your email, you mention “events did not transpire as he alleges. This may be confirmed by an audio of the proceedings”. I presume you are referring to the events in the complaint I filed with the Nebraska Judicial Qualifications Commission dated July 15, 2014 (enclosed). I allege several events in my complaint to the Commission. However, the event which you suggest may be confirmed by an audio of the proceedings would be the missing dialog which belongs on page 4 after line 16 of the transcript. If the dialog is missing from the audio it could be because it was never recorded (perhaps from a malfunction but page 4, lines 8 through line 16 of the transcript seem to be a correct and complete verbatim transcript of the oral proceedings which seems to indicate the equipment was functioning). I would suggest rather than trying to confirm anything from an audio recording which may or may not be complete, I pray that you might match me statement per statement in a sworn (notarized) affidavit of the missing dialog. My affidavit is enclosed. Also, I pray you would deliver your statement to me by US Postal Service as I have delivered mine to you. This method would allow each of us the full weight of Law if the statements are conflicting. Each would have the Nebraska Revised Statutes and United States Codes covering fraudulent statements, falsifying official reports, mail fraud and other various laws that you are well versed in. Given that the official court transcript is devoid of the dialog that I say did take place, may I assume your statement will indicate the dialog didn’t take place? As an official of the Court, aren’t you obligated to charge me with making a false statement if you know my statement to be false? You would be the only Officer of the Court to know firsthand (the dialog was with you in your courtroom) and in a position to make such a charge. Wouldn’t it be your duty? I stand on truth Judge Crnkovich, where do you stand? Vaughn Crowell 15286 Blackwell Dr Omaha, NE 68137 Enclosures Cc As of Jan. 13, 2015 I have not received any response from Judge Crnkovich. A free society can exist only to the extent that those charged with enforcing the law respect it themselves. There is no more cruel tyranny than that which is exercised under cover of the law, and with the colors of justice.” U.S. v. Jannotti, 673 F.2d 578, 614 (3d Cir. 1982) Please join me in contacting the Judiciary Committee and insisting an investigation of the possible violation of NRS 43-2,111 is conducted in the Douglas County Juvenile Courts. JUDICIARY COMMITTEE 104th Legislation Senator Les Seiler Chairperson [email protected] Senator Ernie Chambers Please contact Sen. Chambers at: Room #1114 P.O. Box 94604 Lincoln, NE 68509 Senator Colby Coash [email protected] Senator Laura Ebke [email protected] Senator Bob Krist [email protected] Senator Adam Morfeld [email protected] Senator Patty Pansing Brooks [email protected] Senator Matt Williams [email protected]
Posted on: Wed, 14 Jan 2015 01:53:51 +0000
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