Complaint re; C. Joseph Schwedler

The following document and exhibits was mailed to Michigan's
Judicial Tenure Commission on Friday, March 26, 2010. It is
my understanding that there are other complaints against this
judge. If you have such a complaint it behooves you to file it as
soon as possible. If you would like a copy of the entire document
on a CD in the pdf format, please contact me and I'll make sure
you get one. If you are out of the Iron County area, please send a
6" X 9" SASE (postage paid) envelope to PO Box 195, Stambaugh
MI and I'll put a CD in it and mail it back.

=========================================

State of Michigan
Judicial Tenure Commission
)
)
William J Vajk ) Iron County Trial Court Case
Plaintiff ) I08-3982-CZ
)
v. )
)
C. Joseph Schwedler )
Defendant )




Table of Contents



Complaint (this document, everything else listed below is attached)

Case I-08-3982-CA Defendant’s Motion for Summary Disposition Exhibit A

File I-08-3982-CZ Transcript dated February 26, 2009 Exhibit B

File I-08-3982-CZ ORDER dated April 30, 2009 Exhibit C

Case I-08-3982-CZ Plaintiff’s MCR 2.003 Post Denial Pleading Exhibit D

File I-08-3982-CZ Transcript dated June 5, 2009 Exhibit E

Act 442 of 1976 FOIA Exhibit F

Michigan Code of Judicial Conduct Exhibit G

Complaint

Now comes the Plaintiff William J. Vajk and complains of the defendant
C. Joseph Schwedler as follows:

1) Judge C. Joseph Schwedler allowed a political/social
relationship to influence judicial conduct. Schwedler
allowed his political connections to litigant Archocosky
to influence his judicial conduct.

In line 6 on page B3 of Exhibit B defendant Schwedler acknowledges
he knows John Archocosky on sight by deciding to wait, instead of
the proceeding as scheduled, for Archocosky’s arrival in the
courtroom. This is a small county with residency approximating
13,000 souls, and litigant, in the underlying case, Archocosky has
been a political figure in Iron County for a long period of time and
the two men have reason to know one another on that basis. While
this wait was, in Plaintiff’s opinion, ill advised, it serves only to
unequivocally demonstrate the two men know one another.

Litigant, in the above captioned case, John Archocosky, through
his attorney Susan MacGregor, made an admission on pages A19
(bottom of litigant’s boxed Exhibit near the middle of the page)
and again on page A25 (the penultimate line on the page) of
Exhibit A that John Archocosky sent email to plaintiff stating
his assumption of responsibility for city documents by stating,
“Please direct any future FOIA correspondence to me.” Please
see MCR 2.11 G (2).

Beginning with Line 25 on Page B11 through line 22 on Page B12,
during a hearing before Judge Schwedler on February 26, 2009,
Plaintiff alleged with great specificity litigant Archocosky’s
responsibility for asserting control over all documents requested
from the City of Iron River.

Later, defendant Schwedler, in line 23 of page B19 of Exhibit B,
states that “There is no allegation that Mr. Archocosky is the
person who was even in charge of these records.”

In light of the facts, as presented to the court with such abundant
clarity, C. Joseph Schwedler purposely and with thought aforehand
violated Canon 2C in rendering his verdict conflicting with the
evidence presented before and during the court hearing of
February 26, 2009 over which he presided.

2) Judge C. Joseph Schwedler failed to observe the law.
Schwedler substituted his personal opinion in place of
MCL 15.231 et seq.

In line 10 on page B3 of Exhibit B defendant Schwedler states,
“There’s no requirement to create a document….” as applies
to the statute, Act 442 of 1976 as amended, underlying the
lawsuit about which Schwedler was conducting a hearing. The
statute, in MCL 15.233 (4) clearly states that “This act does
not require a public body to make a compilation, summary,
or report of information except as required in section 11.”
Please see page F5 of Exhibit F, 15.241 (1) and (1)(c). For
further clarity I cite the following authorities regarding
interpretation of this statute:

“When interpreting a statute, we look first to the
language of the statute and give the words used
their plain and ordinary meaning.” DiBenedetto v
West Shore Hosp, 461 Mich 394, 402;
605 NW2d 300 (2000). “If the statutory language
is unambiguous, appellate courts presume that the
Legislature intended the meaning plainly expressed
and further judicial construction is neither permitted
nor required.” Atchison v Atchison, 256 Mich App 531,
535; 664 NW2d 249 (2003), citing DiBenedetto, supra.


The referenced MCL and its Section 11 were, at all pertinent
times, apposite in the matter being adjudged where
Schwedler held in opposition to established law.
C. Joseph Schwedler purposely and with thought
aforehand violated Canon 3A(1).

3) Judge C. Joseph Schwedler has failed to perform the
duties of office impartially and diligently. Schwedler
substituted his self-serving personal opinion in lieu of
observing MCR 2.003.

Plaintiff/litigant moved for a hearing, scheduled for May 13, 2009,
to vacate judgment and to disqualify Judge Schwedler. MCR 2.003
contains no restriction on when, during proceedings, that motion
may be brought. Exhibit C depicts the order issued by defendant
Schwedler canceling the hearing. C. Joseph Schwedler thereby
purposely and with thought aforehand violated MCR 2.003 and
Canon 3B(1)

Subsequently Plaintiff/litigant moved in a post denial pleading
scheduled for hearing June 5, 2009, that the court comply with
MCR 2.003(C)(3) as is shown in Exhibit D. On the appointed
date, C. Joseph Schwedler refused to hear the motion as he
stated as depicted in the transcript in Exhibit E. C. Joseph
Schwedler purposely and with thought aforehand violated
MCR 2.003(C)(3) and Canon 2(A) and Canon 3B(1).

Summation.

Plaintiff William J. Vajk understands the duty of the Judicial
Tenure Commission is not to retry the case which I did not
take to appeal because the monetary values involved are too
small when considering the costs of an appeal. Instead, the
undersigned maintains that C. Joseph Schwedler, during the
course of the case underlying this complaint, conducted
himself in violation of the laws of the State of Michigan,
of Michigan Court Rules, and the Judicial Canons of Conduct
as described above and in ways that the Judicial Tenure
Commission may discover for itself should the commission
decide to review the entire case. I add that there are many
additional possible causes for complaint in what is a small
case both in money and in scope, but I have limited my
participation in this process by formalizing only the elements
I personally consider most egregious. The entire purpose of
this complaint to the Judicial Tenure Commission is to seek
disciplinary proceedings against C. Joseph Schwedler with
the requested outcome being his removal from office as a
person not qualified to sit upon the judicial bench in a
Michigan Court.

Respectfully Submitted,

_______________________________
William J. Vajk

Why Aren't Iron County Roads Built Better?

Recently I took FFH16 to Phelps and found to my
dismay that the roadway is already failing
although it hasn't been that long since it was
rebuilt.

Other than the general bumpiness that indicates
to e that the road bed was poorly done, there
are two places marked with a sign that indicates
a "DIP."

Neither is actually a dip unless the road commission
means that the pavement is still there in a hole,
a condition that promises not to last very long.
Each of the spots, if driven over at the speed limit,
is definitely a jarring experience.

Here's a photo of the worse one.



The question is, why is any new road so poorly
built that it begins to fail within a few years
of use? We know what the weather in this part
of the world is like in the wintertime. Do we
not spend enough money on these roads to assure
that they are properly built? Is it not enough
money being spent, or is it carelessness that
allows substandard construction.

Bill Vajk

Upcoming Events for April 2010

These dates were forwarded to am and I'm republishing
them without further ado. They're mostly Tea Party and
or conservative events. For information about liberal,
progressive, or Democrat events, please visit Yahoo's
IronCountyVoice hosted by our associate editor Ben Smith.

These events will be updated as they are submitted.

======================================
4/8/2010 Tea Party Express III in Ironwood at 6:30 pm.
Not sure of site

4/9/2010 Tea Party Express III in Escanaba at noon.
Not sure of site

4/9/2010 Tea Party Express III in the Soo 5-8 pm
at Bud Weber Park, 600 Ashmun

4/11/2010 Chippewa County Reagan Day Dinner
Featuring Dan Benishek who is running for the
seat Bart Stupak is about to lose.

4/11/2010 Walker Cisler Center, LSSU, Sault S...

Chippewa County Reagan Day Dinner - UPDATED

Type: Party - Dinner Party

Date: Sunday, April 11, 2010

Time: 2:00pm - 6:00pm

Location: Walker Cisler Center - Lake Superior State
University

Description
The 12th Annual Chippewa County Reagan Day Dinner

FEATURED SPEAKER - Jim Jacobson, Former Reagan
Adviser (complete bio below)

April 11, 2010 - 2:00 PM

$25 per person


more info and details to follow.
______________________________________________
Confirmed Candidates:

Terri Lynn Land - Bouchard for Governor

Daniel Benishek - 1st District US Congress

Linda Goldthorp - 1st District US Congress

Tom Stillings - 1st District US Congress

Rep. Paul Scott - SOS Candidate

Howard Walker - 37th MI Senate

Frank Foster - 107th MI House

Michael Patrick - 107th MI House

Alex Strobehn - 107th MI House



______________________________________________
BIO Mr Jim Jacobson:

* Jim Jacobson, President and Founder of Christian
Freedom International, has assisted the persecuted
church in many restricted countries around the world.
He has faced personal danger to deliver Bibles to
underground churches in China, care packs to
families in the brickyards of Pakistan, and medical
aid to refugees in the war zones of Burma
.
* Mr. Jacobson has testified and conducted
briefings before Congress, the White House
and the State Department on behalf of
Christians who are persecuted for their
faith each year.

* At the invitation of First Lady Laura Bush,
Mr. Jacobson participated in The Dialogue
on Burma, a roundtable discussion conducted
during the September 2006 U.N. General
Assembly that allowed activists and
government officials to speak openly about
the severe humanitarian crisis that has
plagued Burma for decades.

* Before founding CFI, Mr. Jacobson served
as a policy analyst in the Reagan White House,
a political appointee in the George Herbert
Walker Bush administration, and was a senior
legislative assistant in the U.S. Senate. He is
also Vice-President and Co-Founder of the
National Right to Read Foundation, an
organization dedicated to phonics-based
reading instruction in elementary schools
throughout America.

* Mr. Jacobson has also been a frequent guest
on radio talk shows and has appeared on
numerous television programs, including 60
Minutes, Fox News, and The 700 Club.

* Mr. Jacobson is a graduate of the University
of Michigan. He and his wife Karen have 12
children, 8 of whom have been adopted from
Burma, and have been married for more than
20 years.

Central PLanning 101

Over the years I've touted the teachings of
F. A. Hayek and his discourse on central planning
in a book titled "The Road to Serfdom" that was
originally published in the US in 1944 although
it previously took him 3 years (1940-43) to write
it. Once ready for publication it was difficult
to find a US publisher, although once released it
found two additional homes, one as a serial in
the Reader's Digest and another as a comic strip
publication published by Look Magazine. Please
see mises.org/books/TRTS

An abridged version of the book is available online
at jim.com/hayek.htm

Hayek shared a Nobel prize in 1974 for his work
and was awarded the Presidential Medal of Freedom
in 1991, the year before he died.

Obviously Hayek was a strong critic of central
planning, the antithesis of free market capitalism.
In 1994 Milton Friedman wrote an introduction to
the edition released that year, and heavily quoted
his introduction to a 1971 German edition of
the same book.

Friedman discussed the time bound elements that
put a hard stop to the march towards collectivism
and central planning in the immediate post WW2
period in Germany, England, and the USA. The UK
had gotten so far as to have the government
assign people to occupations, an idea that found
no place in the post war period.

"Unfortunately, the check to collectivism did not
check the growth of government; rather it diverted
its growth to a different channel. The emphasis
shifted from governmentally administered activities
to indirect regulation of supposedly private enter-
prises and even more to governmental transfer
programs, involving extracting taxes from some in
order to make grants to others--all in the name of
equality and the eradication of poverty, but in
practice producing an erratic and contradictory
melange of subsidies to special interest groups.
As a result, the fraction of the national income
being spent by governments has continued to mount."

That brings us to the present day with the
congressional passage of Obamacare. All of Friedman's
step by step description of how the UK grew
government in the post WW2 period is now happening
in the USA at an advanced rate. In the end, it will
be wall to wall central planning and collectivism by
the US government if Obama et troupe aren't stopped
promptly.

"This is what change looks like." B. Obama 3/22/2010

Bill Vajk

The Selling of America

"LONDON (MarketWatch) -- European aerospace group
EADS said Friday that it may rejoin the competition
for the U.S. Air Force aerial-refueling tanker
contract after the Pentagon gave indications
that it would extend the time needed to submit
a bid.

"The European company, which lost its chance to
win the contract when its U.S. partner,
Northrop Grumman Corp. pulled out earlier this
month, called the development a "positive sign"
that the Defense Department is seeking competition.

"The Airbus parent said it is 'assessing' the
new situation to determine whether it can submit
a bid, though it reiterated its concern that the
program requirements still clearly favor 'a
smaller, less capable aircraft.'

"Northrop spokesman Randy Belote said the defense
company is not considering re-entering the bidding
contest.

"In a strange twist, United Aircraft, an aerospace
group formed by the Russian government in February
2006, plans to jump into the bidding. Citing a
U.S.-based lawyer for UAC, The Wall Street Journal
reported the aerospace firm plans to announce a
joint venture with a small U.S. defense contractor
on Monday."

http://www.marketwatch.com/story/pentagon-may-extend-tanker-dealine-2010-03-19?dist=afterbell

Perhaps the United States has forgotten the French
government's gigantic error after WWI when France
contracted with a German firm to design and build
the "Maginot Line." When the German decision was
made to invade France during WW2, Hitler summoned
the builders who showed up with not only the
plans, but also the specifications for cannons
required to breach the fortifications at various
points.

Similarly, Czechoslovakia copied the French
fortifications when building their own, so Hitler
had sufficient information for his purposes about
another border.

For these, and other more or less obvious reasons,
the USA needs to internalize all military
purchases. Given our unemployment picture, why
not give the project to Detroit based firms that
did such a great job during WW2?

Bill Vajk

Where Are They?

The question arose today, why is is that all those
people supposedly in favor of Obamacare have not
put on some demonstrations to drive their point
home?

The answer is obvious. There isn't anyone in that
camp that cares enough to make public statements
about their viewpoint let alone to put on a
public demonstration.

Get a clue, congress!

Bill Vajk

Michigan calls for a Constitutional Convention

As this year is one of the windows of opportunity
to revise the Michigan constitution, there are calls
to do just that.

Having read the existing document I feel that the
current version is well thought out and should not
only be left alone, but ought to be enforced.

Two examples spring to mind.

The Michigan Supreme Court has been violating the
existing constitution since the 1990's by appointing
(presently) six judges to positions to which they
have not been elected, in violation of Article VI, § 27:

"Sec. 27. The supreme court, the court of appeals, the
circuit court, or any justices or judges thereof, shall
not exercise any power of appointment to public office
except as provided in this constitution."

The Headlee Amendment to the constitution prohibits the
imposition of taxes that have not been approved by the
electorate. In Michigan's Upper Peninsula most of the
municipal governments providing water bill what is
euphemistically called a "readiness to serve" charge
to properties that have their water shut off by the
municipality for any number of reasons. They try to make
believe it is a legitimate fee, but no service is being
provided and in some cases disconnection from the the
municipal water system is prohibited by ordinance.

For details of what constitutes a legitimate fee I
recommend reading the Bolt v. City of Lansing. The
court there spells out the factors that distinguish
a legitimate fee from a tax. The readiness to serve
charge fails those tests.

There are many, in this day of financial difficulties,
who would strip all taxpayer protections from the
Michigan Constitution, or introduce such changes as
would make those protections presently in place
meaningless.

The constitution, as it presently stands, is much more
than good enough. What we need is much better
enforcement of its terms.

Bill Vajk

Regressive Eastern Block Mentality in Washington

I published this a few days ago at
www.world-discussion.blogspot.com
It needs to be considered a local issue as well.

=======================================================

How would you like to put down a 50% deposit for a new
car that the manufacturer promises to deliver to you in
3 years, then pay the balance at delivery? That's the
way business was done in the Eastern Block from 1950
through 1990.

Obamacare is a lot like that too. The administration
expects us to embrace a pay now and maybe take
delivery later scheme just like they used to do with
cars in the eastern block under the soviet system.

It is interesting to me that our government has taken
a page out of the soviet play book and wants to impose
it here in the USA. As I've written elsewhere, if you
want to understand Washington today, you have only to
look at European Communist political antics of the
20th century. It seems to me it is coming here because
the average US citizen has a poor understanding about
how government is supposed to work, and our modern
day communists and socialists have usurped the formerly
positive word "progress" that they misuse in the name
of their political movement that they call "progressive."

It isn't progressive at all, the real name should now be
regressive because they're attempting to resurrect
failed political imperatives. One definition states that
insanity is doing the same thing over again while
expecting a different outcome. That's been attributed
to Einstein, though whoever said it first was right.

Please don't get me wrong. I favor having the government
empowered to establish a fair and reasonable framework
of regulation within which business, inventiveness, and
entrepreneurship can flourish, but Obamacare has no place
in that scheme and must be rejected out of hand.

Please give this some thought. If we can only get 7 years
of coverage for 10 years of premiums then what of the
second 10 years? What gets cut then? Obamacare is a
downward spiral into an economic hell designed to
economically destroy the USA. Couple that with the cap
and trade that Obama and his regressives want to
impose and the overall scheme becomes a lot more
obvious.

Bill Vajk

--
Posted By Bill Vajk to World Discussion at 3/13/2010 09:08:00 AM
==================================================

Cult Of Personality; Issue Revisited

As you get on the highway to leave O'Hare Airport,
there's a large sign in the median that welcomes
you to Chicago, and has the current Mayor's name
in huge letters at the bottom. You're barely out
of the airport, and you've already come face to
face with one of the many manifestations of the
cult of personality that pervades that great
metropolis.

(When Gloria and I moved to Chicago in 1974 we
thought of it as a cow town, when compared to
the New Your metropolitan region.)

I saw the sign first when I arrived to Chicago
in 1974, and through all the mayors who ran the
city from then till 2003 when I moved to Iron
County permanently, the name always changed
within 24 hours after a new mayor took office.
Summer or winter, stormy weather or no, it,
and the City Hall stationery, were the first
things changed. The political culture in Chicago
thinks it that important.

This subject came up again as it relates to Iron
County because I had occasion to visit Marquette
Hospital's "Hospitality Suite" recently. I
noticed that the wall decor includes 14 road
maps of various counties and municipalities in
the region.

By far the largest map, possibly 6+ times as large
as the next largest, of course, is the one put
out by the Iron County Road Commission. The
Hospital thought enough of this decorative scheme
to frame the maps and put them behind a protective
layer of plastic.



As I looked at them all, the fact jumped out at me
that out of 14 maps on the walls, only six had the
names of the members of the political body in
charge of publication. Naturally Iron County was
one of those, the cult of personality is here and
doing well despite the continuing economic decline.



This, of course, is the poverty version of a cult of
personality because the name that appears at the top
of the list is John Archocosky who has not been on
the road commission for some time now. It is as
though the City of Chicago had decided to stop
putting new mayoral names on their O'Hare Airport
sign welcoming you to Chicago. I'm almost surprised
that a road commission worker wasn't dispatched to
Marquette General to replace the map once Archokosky
was no longer on the road commission. Perhaps they'll
do that now, since I have brought it to their attention.

Which brings up the next question, when will Iron
River place signs along US2 welcoming folks to Iron
River in the mayor's, or perhaps the city manager's,
name?

When any new areas are developed in the region, will
streets be named after the current crop of Iron County
politicos?

Bill Vajk

Finance Conditions Improving?

Yesterday I received an offer from one of
my credit card/banking providers that has
me wondering if there's a strong improvement
in the finance industry. It arrived in email.
I've removed the company name because I'm not
shilling for them.

"Want a quick and easy way to save? Transfer your
higher-rate balances to your XXXXXXX account,
and they'll stay at a low 0% APR for 12 months
after the first transfer posts to your account.
After that, your APR will be the same as your
purchase rate.

"Keep in mind, you'll pay a transaction fee of 2%
on each balance."

Recently Bank of America offered transfers at 4%
and low (1.9% and 4.9%) interest rates for 3 and
6 months, depending on the interest charged.

Then, this morning I received another offer, but
for banking, from the same company, if I opened
a banking account with them:

"*APY in effect as of March 4, 2010. 1.45% APY
applies to account balances of $2,500 or more.
0.00% APY applies to balances less than $2,500.
Rates are variable and may change at any time.
Minimum deposit required to open the account
is $2,500."

I have 2 data points so far, but they look
promising. I'll report if this becomes a trend,
with other companies following suit.

Bill Vajk

Constitutional Violations by Local Governments

It looks like I'll be writing a series, over a
longer time period, about how local governments
are violating the US Constitution as a matter
of routine, counting on the fact that individuals
will not group together to sue the governmental
body.

The present day case is that of Bates Township
and the decisions of their board not to allow
new hookups in some areas of the township where
water service already exists.

"Konoske’s demonstration followed a discussion
on the condition of the water lines at U.S. 2
near Andreski Plat Road. There are patches
upon patches, Township Supervisor Grant Helgemo
said, and the township needed to decide about
starting to abandon some of the water lines.

"'We should start thinking about giving notice
to the residents,' he said. Last month, the
board decided not to allow any new waterline
hookups on Bates-Amasa Road from the Perry
residence to the Paint River bridge, as well
as along U.S. 2 from Helgemo Road through the
half-mile of Krans Road."

The above is quoted from the Iron County Reporter
of 2/17/2010

"Because they can" our elected representatives have
been ignoring the US Constitution's Equal Protection
Clause which assures that citizens will all be treated
equally by government. Providing water service to some,
but not to others, within the territory administered
by a municipal government is a clear violation.

How would it be if people with some addresses in the
county received tickets for traffic violations, while
their neighbors got a pass from the police for the
same exact violations? Consider the simple case of
odd and even numbered addresses. Let's say all even
numbers get tickets, and odd numbers do not?

Let's say that one side of the street gets garbage
collection by the municipality, while the other does
not?

Bates township happens to be the municipality in the
news today. They're not alone. Similar things have
already been done by Iron River Township, with more
similar conduct looming on the horizon, and also by
Stambaugh Township. I've probably left out some in
the east end of the county, but I haven't been keeping
up with their activities.

Bear in mind that once a municipality determines they
will not, for whatever reasons they select, provide
water to some given address or another, the minimum
cost to the property owner these days runs from
$7000 (seven thousand dollars) upwards. There may
be some people in the US who consider that to be
chickenfeed, but not many.

Bill Vajk