Concealed For Years by Colorado Authorities, Corrupt Weld County Judge James Hartmann CAUGHT Aiding & Abetting Multiple Crimes.
Judge James Francis Hartmann Jr., Chief Judge of Colorado’s 19th Judicial District, provably acted in criminal conspiracy with Broomfield, CO attorney Daniel T. Goodwin, in commission of Class 4 Felony Attempt to Influence a Public Servant, Wage Theft, and Fraud Upon The Court, according to Court records.
Criminally complicit Judge James Hartmann reportedly violated the civil Plaintiff’s Due Process rights under the 14th Amendment to the Constitution while presiding over a wage theft lawsuit that Longmont, CO homeowner, Craig Buckley, had filed against his former employers, Dream Stone, Inc., and the company’s owners Scott Murphy (CEO), Ron Murphy (VP), and Ida Murphy (Secretary/Treasurer).
Evidence reveals that the owners of Dream Stone, Inc., a (now defunct) marble & granite countertop fabrication company where Buckley had worked for 26 months as a CNC Programmer, had concealed, and tampered with evidence, and committed fraud, perjury, and forgery, through their criminally complicit attorney, Daniel T. Goodwin, to deprive Buckley of his accrued wages due on termination of employment.
Buckley had been forced to file a lawsuit against the employers in Weld County District Court: the cornerstone of the civil case was a claim for wages due upon termination of employment. The Defendants, through their criminally complicit attorney, Daniel T. Goodwin, had fraudulently sworn to the Colorado Division of Labor that Buckley was not entitled to an award of accrued wages on termination of employment, because he had worked for the company for less than one year before termination by constructive discharge. Buckley’s 26 months of sequential, uninterrupted paycheck stubs would prove attorney Daniel T. Goodwin had worked a fraud upon the Colorado Division of Labor, in fact committing Class 4 Felony Attempt to Influence a Public Servant. Buckley needed the Court’s assistance to obtain his timecards from the employers. Those timecards would later be concealed by government authorities, and ultimately destroyed on orders of Congressman (then Weld County DA) Ken Buck.
Years of turmoil and government harassment would prove Buckley would not be allowed to obtain his evidence…EVER.
In February, 2009 defense Attorney Daniel T. Goodwin would fraudulently swear before the Colorado Division of Labor, as follows:
On December 22, 2009 Defendants’ attorney Daniel T. Goodwin stated this:
On January 21, 2010 Buckley filed a complaint with the CDLE, seeking ONLY criminal charges and penalties against the employers. The report clearly stated as follows:
This matter, in addition to the wrongful termination under C.R.S. 8-78-108(4)(c), as having been determined as a matter of law by the Industrial Claims Appeals Office, is currently before the Weld County District Court, Division 1, Case# 2009CV991.
“The purpose of this report is not to initiate mediation, but to effect diligent investigation by the COLE Director per, C.R.S. 8-4-111(1), in support of civil and/or criminal penalties against the employer, Dream Stone, Inc., for willful and malicious violation of C.R.S. 8-4-109(1 )((b), pursuant to those remedies provided by C.R.S 8-4-113, and C.R.S. 8-4-114, respectively.”
“Claimants filing of civil action in the Weld County District Court should not preclude investigation of this matter by the CDLE, per C.R.S. 8-4-110(2).”
“I would respectfully ask that the Director impose the maximum civil and/or criminal penalties upon the employer, as provided by law.”
On February 16, 2010 Judge James Hartmann would rule in THIS ORDER:
“Plaintiff also seeks vacation pay for 40 hours at his most recent hourly rate of pay, plus civil penalties.”
“Plaintiff now seeks an award of his entire back pay plus treble damages, vacation pay, and damages for lost personal and business property.”
On March 9, 2010 defense Attorney Daniel T. Goodwin would further fraudulently swear before the Colorado Division of Labor, as follows:
“Craig Buckley was employed on two separate occasions by Dream Stone. The first occasion
was from July 2, 2006, to December 6, 2007. Mr. Buckley quit his job on December 6, 2007.”
“Mr. Buckley was rehired on December 11, 2007, and continued his employment until
October 3, 2008. When he was rehired in December, 2007, Mr. Buckley was advised that the only
way that the company would take him back was on the basis that he was a brand new employee
without entitlement to vacation in the first year of his employment.”
So, if his allegations were TRUE, why did Daniel T. Goodwin need to CONCEAL the timecards? Why not just PRODUCE the timecards, corroborating the Defendants’ allegations? Why did the GOVERNMENT need to CONCEAL the timecards? So, where is the missing week in December? And WHY has the Government concealed this evidence? To protect the reputation and career of KNOWN FELON Weld County District Court Chief Judge James Hartmann.
On May 7, 2010 Defense Attorney Daniel T. Goodwin would fraudulently swear, in THIS MOTION, as follows:
“Further, as to the issue of vacation pay, Plaintiff chose the Colorado Department of Labor and Employment (“CDLE”) as the forum to decide the issue. The CDLE has not issued an order which Plaintiff seeks to have this Court review. This Court lacks the subject matter jurisdiction to hear Plaintiffs claims regarding unemployment benefits or wage issues against Dream Stone, Inc. The Plaintiffs claims must be resolved by the proper administrative agency. Stacks v. The Industrial Commission, et al., 65 Colo. 20; 174 P. 588; (1918).”
The Problem? Stacks v. The Industrial Commission has NOTHING TO DO with law, or jurisdiction under the Colorado Wage Act.
Stacks v. The Industrial Commission, fraudulently cited June 7, 2010 by Daniel T. Goodwin pertains only to the Workmen’s Compensation Act, applied by the Industrial Claims Appeals Office, NOT Wage Law, as applied by the Colorado Division of Labor. No published opinions pertain to the CDLE. Daniel T. Goodwin, and Judge James Hartmann deliberately, and with extreme malice, misapplied the law.
On June 17, 2010, Judge James Hartmann issued THIS FRAUDULENT ORDER, stripping Buckley of all evidence, and the Due Process Right guaranteed under the 14th Amendment to the Constitution of the United States, to prosecute his wage theft suit under the provisions of the Colorado Wage Act, stating in relevant parts:
“The Defendants provided a response to Plaintiff objecting to Discovery Requests 1,2,4, 5,6,7, 8, 10, 13, 14, 16, 17, 18, 19 and 20, stating that therequests were immaterial and irrelevant to Plaintiffs claims for wrongful termination and nonpayment of vacation pay.”
“Plaintiff currently has a claim pending before the CDLE for vacation pay he believes Defendants owe to him.”
“Plaintiff states that Defendants have asserted in CDLE vacation pay action that Plaintiff worked for Defendants from July 2006 until December 6, 2007, when he quit his job, and then again from December 11, 2007 until October 3, 2008. Plaintiff believes that Defendants are claiming that he was not employed by the company from December 6-10, 2007, in an attempt to avoid paying Plaintiff vacation pay in the CDLE case.”
“Whether Defendants owe Plaintiff payment for accrued vacation pay is an issue before the CDLE and not this court.”
“This information may be relevant to Plaintiffs CDLE vacation pay claim, but the court fails to see the relevance to the issues raised by Plaintiff in this case.”
Surprise! Judge James Hartmann issued the above order a mere 16 hours before Buckley, illegally “slapped” with Subpoena Duces Tecum, in violation of Discovery Rules, was ordered with no “good cause” shown on the record of the Court, and no attached Order compelling the protected documents (tax returns, bank statements) attached.
Corrupt Judge James Hartmann had previously stated THIS is how Discovery would proceed.
Per C.R.C.P. Rule 45:
(2) Command to Produce Records or Tangible Things.
(B) For Production of Privileged Records.
(iii) If a subpoena for privileged records does not include a signed authorization or court order permitting the privileged records to be produced by means of subpoena, the subpoenaed person shall not appear to testify and shall not disclose any of the privileged records to the party who issued the subpoena.
Buckley TWICE refused to comply with James Hartmann’s illegal Subpoena Duces Tecum, and his case was dismissed with prejudice: spurious liens for the Defendants’ attorneys’ fees attached to Buckley’s home, wage garnishments, and multiple incarcerations, and malicious criminal prosecutions ensued.
While proven FALSE, as there was no claim before the CDLE for vacation pay, merely a demand for criminal charges and penalties, Judge James Hartmann’s fraudulent ruling on Discovery, even if true, FAILS for the following reasons:
The Colorado Court of Appeals has held that an employee was not required to exhaust his administrative remedies under the state statute before bringing suit under the FLSA seeking to recover overtime wages. See Laurence v. State of Colo. 910 P.2d 73, 74 (Colo. App. 1995)(While the administrative proceeding was pending, plaintiff filed suit in the district court, seeking to recover the same overtime wages under both ordinary contract principles and under the FLSA…”). Under the FLSA, an award of liquidated damages is mandatory except where an employer shows it acted in good faith. See Greene v. Safeway Stores, Inc., 210 P.3d 1237, 1245 (10th Cir. 2000). In such a case, the court has discretion to award liquidated damages. Greene, 210 P.3d at 1245.”
Goodwin engaged in a campaign to quash Buckley’s rights under the Colorado Wage Claim Act, and specifically: C.R.S. 8-4-110(2), which stipulates:
(2) Any person claiming to be aggrieved by violation of any provisions of this article or regulations prescribed pursuant to this article may file suit in any court having jurisdiction over the parties without regard to exhaustion of any administrative remedies.
And, in addition to Daniel T. Goodwin LYING about Buckley’s term of employment, and concealing and ultimately DESTROYING the timecard evidence, IT WOULDN’T HAVE MATTERED WHERE Buckley sought to assert his rights under the Colorado Wage Act: RIGHTS DEPRIVED… Here’s why!
On December 22, 2009 the employers swore this before the Weld County District Court:
“If he (Buckley), if he’s taking the stand now that the only thing he has now to deal with the Court is a wrongful termination and vacation pay, than everything should be directed to those two items, and if that’s his claim, we will be more than happy to defend that claim.”
On February 23, 2010 8:05 AM the employers plead this before the Colorado Division of Labor:
“…and Mr. Buckley are the only two ex-employees of Dream Stone who have ever filed claims for vacation pay, and they are claiming payment for hours that are clearly not due them. In addition, they have included these claims as part of the lawsuit that they have filed in the Weld County District Court.”
On April 7, 2010 the employers responded to the Plaintiff’s Discovery Request as follows:
We are in receipt of your letter requesting discovery. The Defendants respond as follows:
no documents will be provided under requests numbers 1, 2, 4, 5, 6, 7, 8, 10, 13, 14, 15, 16, 17, 18,
19 and 20. The reason that these requests are being denied is that the requests are irrelevant and
immaterial to your claims for wrongful termination and nonpayment of vacation pay.
On May 6, 2010 2:55 PM the employers plead this before the Colorado Division of Labor:
“I have talked to our attorney and yes, indeed, Mr. Buckley has made the CDLE
part of his complaint in Court.”
On May 7, 2010 the employers plead this before the Weld County District Court:
…as to the issue of vacation pay, Plaintiff chose the Colorado Department
of Labor and Employment (“CDLE”) as the forum to decide the issue. The CDLE has not issued
an order which Plaintiff seeks to have this Court review.
On May 12, 2010 9:18 AM the employers plead this before the Colorado Division of Labor:
“I just wanted to confirm in writing our conversation this morning regarding the email I sent you may 6, 2010 regarding Mr. Buckley and the fact that he has made the vacation pay part of his Weld County lawsuit.”
On May 12, 2010 12:13 PM the employers plead this before the Colorado Division of Labor:
“I assumed that the vacation pay issue was with CDLE/unemployment However, now knowing that you are with the Division of Labor does not affect anything. The “vacation” issue IS part of his lawsuit in Weld County, as is evidenced by his own filings that I sent you. However. if Mr. Buckley did not divulge to you that the issue was not part of his lawsuit in Weld County, then he was not being truthful.”
On May 12, 2010 4:23 PM the Colorado Division of Labor ruled as follows:
… because your claim has been filed/appears to be filed through court, DOL
lacks the ability to become and/or to stay involved; DOL does not have statutory
authority over the court(s). DOL is required to close your claim for unpaid vacation pay.
On June 17, 2010 Weld County District Court Judge James Hartmann Ruled as follows:
Whether Defendants owe Plaintiff payment for accrued vacation pay is an issue
before the CDLE and not this court.
All Concealed, Aided, and Abetted by Weld County District Court Chief Judge James F. Hartmann, as he waged an 8 year attack on the VICTIM!
So, where does this put corrupt Weld County District Court Chief Judge James Hartmann?
Numerous evidence-backed articles have been published on this site, as well as https://weldcountycorruption.com, and https://bouldercountycorruption.com about Judge James Hartmann’s criminal acts, and the numerous complicit government actors he has involved in his criminal acts. Those interested in researching Judicial corruption in Colorado may wish to read further. Evidence, Court filings, and transcripts of sworn testimony irrefutably prove Judge james Hartmann, in addition to numerous violations of the Colorado Rules of Judicial Conduct, disregard for Statutory authority, and Court Rules, has also aided and abetted the Defendants, and their criminally complicit attorney, Daniel T. Goodwin’s multiple Felony acts.
The United States Department of Justice provides the de-facto reference standard for Judge James Hartmann’s criminal acts.
According to the Colorado Code of Judicial Conduct per the Colorado Judicial discipline Commission:
“Judges should maintain the dignity of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives. They should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence.”
Rule 1.1: Compliance with the Law
(A) A judge shall comply with the law,* including the Code of Judicial Conduct.
(B) Conduct by a judge that violates a criminal law may, unless the violation is
minor, constitute a violation of the requirement that a judge must comply with the law.
(C) Every judge subject to the Code of Judicial Conduct, upon being convicted of a
crime, except misdemeanor traffic offenses or traffic ordinance violations not including the
use of alcohol or drugs, shall notify the appropriate authority* in writing of such conviction
within ten days after the date of the conviction. In addition, the clerk of any court in this
state in which the conviction was entered shall transmit to the appropriate authority within
ten days after the date of the conviction a certificate thereof. This obligation to self-report
convictions is a parallel but independent obligation of judges admitted to the Colorado bar
to report the same conduct to the Office of Attorney Regulation pursuant to C.R.C.P.
“Impropriety occurs when the conduct compromises the ability of the judge to carry
out judicial responsibilities with integrity, impartiality and competence. Actual improprieties
include violations of law, court rules or provisions of this Code. The test for appearance of
impropriety is whether the conduct would create in reasonable minds a perception that the judge
violated this Code or engaged in other conduct that reflects adversely on the judge’s honesty,
impartiality, temperament, or fitness to serve as a judge.”
Should Judge James Hartmann be removed from the Bench, disbarred, and incarcerated for EIGHT YEARS of harassing and retaliating against a FELONY VICTIM? The evidence says, “YES”.