N.C. State Bar Ignored SBI Notary’s Perjury

In her letter dated January 3, 2011, Jean says that the Grievance Committee investigated Plaintiff’s complaint using “standard” procedure.

What kind of “standard” procedure allows the State Bar to overlook felonies by the SBI and the Wake County Court.

Evidence of the SBI notary’s perjury, a state and federal felony was faxed to NC Bar Chief Counsel Katherine Jean, who took no action.

Second letter to the N.C. State Bar Chief Counsel Katherine Jean asking her to re-open my grievance and address the SBI notary’s perjuryThe N.C. State Bar needs to tell A.G. Roy Cooper about the notary’s perjury so that he can investigate the SBI’s misdemeanor serology unit. The State Bar’s 10th judicial grievance investigator Melissa Brumback is a construction attorney who reviews criminal law grievances. The two areas of law are completely different, like apples and oranges, which is perhaps why she didn’t catch the SBI’s crime and numerous other errors. However, anybody could have seen that the dates on the report were different. Additionally, NC Attorney General Roy Cooper needs to review all cases notarized by Joyce Davin, the SBI notary who committed perjury.

Katherine Jean's letter - see notation #2.

Second Letter – Monday, April 11, 2011 by FAX

Ms. Katherine E. Jean – Chief Counsel

North Carolina State Bar

FAX: (919) 834-8156

Dear Ms. Jean:

In my March 28, 2011 letter, I provided you with clear and cogent evidence that in my case, the North Carolina State Bureau of Investigation (SBI) notary, Joyce Davin, committed perjury and that the N.C. State Bar’s grievance investigator did not catch the crime. The notary’s stamp and signature say that she swore under oath, that the SBI’s Stephanie Raysich “swore before her” on February 14, 2009. The language in the seal says, “Signature of official administering oath.” However, the SBI report is dated January 15, 2009, which is almost one month earlier. Thus, the SBI didn’t swear before her on that date.

The attorney/investigator who reviewed my grievance, Melissa Brumback, is an attorney who “focuses her practice on construction law.” That’s what her website says. She does not handle criminal law. But even if she doesn’t understand criminal law, if she had read the SBI report, she or anybody who can read, could have seen that there were two different dates on the report.

Melissa did not catch any of the numerous errors in my case. She did not catch the constitutionally defective “Transfer and appeal” document used either.

I request that the NC State Bar re-open my grievance and assign a competent criminal attorney to review it. I also request that the N.C. State Bar take a leadership role in amending constitutionally defective statute NC G.S. 15A-601(a). Per North Carolina G.S. 15A-601(a), a defendant has a statutory right, prior to indictment, to a probable cause hearing in district court and such hearing should occur between 5 and 15 working days from the date of the defendant’s initial appearance in district court (G.S. 15A-606(d).  This statute only applies to felonies, not misdemeanors. This is one reason why people accused of misdemeanors end up trapped in court for years.

Sincerely;

Donna Pilch

The SBI Notary’s Perjury:  

SBI Notary’s Perjury

 

Why would the N.C. State Bar Assign an Attorney Specializing in Construction Law to Review DWI Grievances? Letter below:

Ms. Katherine E. Jean – Chief Counsel

North Carolina State Bar

FAX: (919) 834-8156

Dear Ms. Jean:

Why in the world would the North Carolina State Bar assign a lawyer specializing in construction law to review  DWI grievances? The two areas of law are entirely different and require a completely different scope of knowledge.

The attorney/investigator who reviewed my grievance, Melissa Brumback, is an attorney who “focuses her practice on construction law.” Here’s what her website says:

“Melissa Dewey Brumback is a litigation partner at Ragsdale Liggett PLLC, where she focuses her practice on construction law and business disputes.  The bulk of Melissa’s practice consists of representing architects and engineers in construction-related claims, including construction administration and management, plan defects, testing failure claims and delay claims.  (http://www.rl-law.com/lawyers/attorney-brumback.html)

To review a grievance properly, an attorney needs to fully understand and specialize in the area of the grievance. Again, construction law is entirely different than DWI law.  If Ms. Brumback reviewed the police report and SBI documents she would have seen there was no probable cause. If the police report can be proven scientifically possible, and the SBI’s chain of custody was defective, then she should have realized the case was improperly handled by the entire court system. Additionally, she should have noticed chain of custody issues, including that the blood test was notarized one whole  month AFTER the SBI blood test was written.

(A notary is supposed to notarize a document in real time when the person appears before him or her. That’s why the language used by the notary says, “Sworn before me on (date).” Melissa did not catch any of these issues.

Additionally, the North Carolina State Bar  should take a leadership role in correcting constitutionally defective North Carolina General Statute G.S. 15A-601(a) which states that a defendant has a statutory right, prior to indictment, to a probable cause hearing in district court and such hearing should occur between 5 and 15 working days from the date of the defendant’s initial appearance in district court (G.S. 15A-606(d). This statute is constitutionally defective because it applies to felonies and not misdemeanors. It needs to be amended to include misdemeanor cases because it impacts hundreds of people.

I request that the NC State Bar re-open my grievance and assign a competent DWI attorney to review it.

I also request that the NC State Bar take a proactive leadership role in drafting revised legislation to correct the constitutional defects in the North Carolina General Statute cited above.

Sincerely;

Donna Pilch

 Notary Code of Ethics:  http://www.nationalnotary.org/UserImages/Notary_Code.pdf

NC STATE BAR RULES

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