Commission for Lawyer Discipline v. John WorldPeace
Sever Statements by Judge Fry

 Tape 1             29:40   Molleston         in Pre-Trial  

            Well, your honor, if that is the case then we would withdraw the (The Commissionís Motion to Sever) motion to sever.  

Tape 1             29:53   Fry                   in Pre-Trial  

            Now, with regard to the motion to dismiss filed by Mr. Lang.  Here is what I am going to do.  Iím going to deny the motion to dismiss.  I am going to sever the third party claims against Lang and Apodaca.  Trial at a later time.  That I think will let us move to the motion to disqualify.  

Tape 2             46:07   Fry                   in Pre-Trial  

            You were going to say something?  

Tape 2             46:08   Molleston         in Pre-Trial  

I was going to say, if I am going to have to listen to him talk about Rule 13 of the Civil Practices and Remedies Code, an issue that I already prevailed on, I believe that at this point judge I would reassert my motion to sever out his counterclaims and just handle those at a later time; through a Summary JudgmentÖMy earlier position was not well taken and I reassert my motion to sever.  

Tape 2             49:09   WorldPeace     in Pre-Trial  

So my continuance is based upon this case is too complex, too intertwined to try to present to a jury at this point.

 Tape 2             49:19   Fry                   In Pre-Trial  

Hereís what we are going to do.  Frankly to the point of what you say I mean it is very well taken.  Especially in regards to some of these constitutional issues, I do need some input.  So here is what Iím going to do.  Iím going to um, Iím going to sever those and I am going to keep them.  I am not going to give those to anybody else.  Iím going to sever those issues to be determined by the court.  Once we get through with this, I donít know for sure that I will want an immediate, uh uh assuming that they that they find some violation of the, of the rules, I donít know that I would want an immediate hearing on sanctions or not.  I know that I will want a hearing and frankly, part of that will be your constitutional issues.  Uh, I will want to take those up at that time.  I am going to sever that out.  We are going to try simply the question of whether or not there are any violations or not.  And that is all we are going to present to this jury.  We can at least get this part of that done.  So to that extent I am going to overrule the motion to continue.  

Tape 31           7:17      Fry                   In Sanction Hearing  

I am going to find specifically that this constitutes professional misconduct.  Now.  As to the Constitutional Issues that were raised and severed I would urge both counsel to send me whatever briefs they feel are necessary and frankly these are legal questions which I think need to be resolved so that this case might be appealable.  I would urge that you do that immediately. 


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