Kreis endorser Sgt. Comer says service fee was waived in lawsuit he filed against me, HCSO receipt after my PRA says different

 

(Proof of Service filed 9/5/24 screenshot from e court)

(PRA I filed 9/10/24)

(receipt provided by HCSO after my PRA was filed that contradicts the proof of service filed by Comer that claims fee was waived)

I was hoping not to do this post until a future date and after this matter had concluded but because the information provided to me has now been published to the public and it contradicts a court document signed by HCSO Sgt. Joshua Comer, it is now a matter of public interest and transparency.

Comer endorsed disgraced ousted former judge, now local attorney Gregory Kreis, in the last election. Comer is the deputy in charge of court bailiffs. Kreis' opponent won with over 61% of the voters choosing her.

Most of you are regular readers of my blog, you have read my coverage of Humboldt Superior Court including Kreis for 10 years, you have had my information corroborated by the Commission on Judicial Performance, you know the decision, you have read my coverage of the Maria Cuevas case and the DA finally filed a determination of conflict and Kreis was removed from that case. You read my post about Kreis in a courtroom and an exchange he initiated. Keep all this in mind as you read this post.

I had to do this PRA request anonymously and I have covered one of the reasons in the request. Since this is public record now, this involves a case that Kreis filed against me. There is a future hearing and I am not going to address Kreis' claims on the blog but the paperwork he filed is public record. I may after this matter has concluded. What my response is something I will address with proper court procedures. There are so many issues and conflicts with this case that I have to document every little thing.  Kreis is a former judge and now a lawyer in the same court where many of his endorsers, friends and associates; some who were mentioned in the CJP proceedings work. I have also covered Humboldt Superior Court for 10 years and saw how the Rory Kalin, the Ray Christie and the Joe Hale cases were handled.

I deserve a fair chance and due process. Kreis  should not be treated differently than any other party in a case in Humboldt Superior Court. There should not be that appearance and it is up to every judge who presides over any hearing that Kreis is involved in Humboldt Superior Court or any other California Superior Court to ensure rules and law are followed. The CA Judicial Council should do their jobs and monitor the courts.

I have been dealing with this additional hardship while working and dealing with other challenges which some of you already know. I took screenshots of the proof of service filed. As you can see Sgt. Comer states the service fee was waived. I checked with the court clerk and there is no fee waiver for Kreis. There is a credit card payment dated for 9/3/24 provided after my PRA request was filed which I have no way of authenticating when it was recorded or printed.

So which document is accurate? 

I was served this paperwork at the courthouse while trying to check on cases on the second floor. I documented the exact time and place I was served right away and that day, the place and the same time is exactly what is noted on the proof of service filed by HCSO and the signature which is allegedly Comer's.

If the State Bar of California wants to be taken seriously, they need to hold lawyers accountable and not selectively. 

The State chose to reinstate the license of a man who the Commission on Judicial Performance imposed a public censure; a man who agreed to an irrevocable resignation from office and an agreement that he "will not seek or hold judicial office, accept a position or an assignment as a judicial officer, subordinate judicial officer, or judge pro tem with any court in the State of California, or accept a reference of work from any California state court, at any time after May 27, 2024."

From CJP press release about their decision on Kreis: "as a result of multiple acts of misconduct. In at least 44 cases over which he presided, Judge Kreis failed to disclose his relationships with seven attorneys; his familiarity with individuals involved in matters before him; or the extent of his relationships with the individuals. The extent and type of this misconduct is serious. Also, the commission commented that it took particularly seriously the judge’s sexual misconduct with a female acquaintance. Further, the commission based the censure and bar on Judge Kreis’s conduct in treating attorneys and litigants poorly, including making inappropriate, sarcastic, and gratuitous comments to them.  Judge Kreis’s misconduct was aggravated by prior discipline. In 2018, the commission issued an advisory letter to Judge Kreis for intemperate and inappropriate remarks he made about a criminal defendant during a sentencing hearing. "

Has Kreis' behavior changed?

Every time he is involved in a case, appointed to a case, represents a defendant or party, there are recusals and an assignment from the Judicial Council. Extra steps, extra resources and extra time  court staff has to spend when there is constant turnover and staffing issues. His buddies  and endorsers at the County and local court aren't footing the bill. Is the California Judicial Council overseeing all these extra costs not associated with other lawyers?

If the local courts and the California court system expect the average person to follow rules. Then they need to hold their own to the same standard.