"I decided to review why Judge Lee has displayed such prejudice and bias against me so I researched the case which involved my grandson, Alex Holler, and how it was he could resume living with his mother after his father "got rid of him," by dumping him off on me in January of 2006 at the age of six." by Howard Hatch
~ " JUDGE LEE AND ME
My legal connection with Judge Lee began in January of 2006 when Alex Holler’s father, Bernd, petitioned the local court (6th Utah District) to appoint me as Alex’s legal guardian. Being Bernd’s wishes and concurred in by the boy’s mother, my daughter, Elisabeth, and, subsequent to a hearing where Alex and I appeared in court in support of it, Bernd’s petition was granted by Judge Lee. [Probate Case No. 06300002]
That relationship remained dormant until 2009 when Judge Lee took my case against Kane County as a result of an adverse ruling of the Kane County Board of Adjustment. Its refusal to grant a building permit on a 40 acre piece of land in Stevens Canyon required our appeal to the Sixth District Court in Kanab. The judge’s willingness to sustain local administrative actions was soon shown when he refused to strike the County’s sua sponte prepared findings and ex parte submission of those proposed findings to the Chairman of the Board, even though the Board members had not entered such findings, even agreeing they would not be entering any. The Judge allowed the Kane County Attorney’s office to simply manufacture what it wanted the Board to have found but our objections were refused by Judge Lee.
The judge’s prejudice against me, by then pro se for lack of funds to continue paying attorneys fees, consummated in December of 2010 when he granted Kane County Summary Judgment against me and my claims regarding the right to a building permit. This judgment became final after considering our takings claims and in June of 2011, he dismissed all of our claims based on faulty findings of fact, agreeing with the county’s argument that we were refused the building permit because we had not gone through the regular subdividing process, in spite of the so-called “10 acre ag waiver,” a county ordinance dating back to the time we began Stevens Canyon Estates in 1972/73, which specifically excluded the need for a formal subdivision if the parcels were at least 10 acres in size.
In the interim, some things had gone on in the local Richfield Department under Judge Lee. It related to my guardianship of my grandson, Alexander Holler. Having been under my legal control as a result of his father’s grant of full legal guardianship, but spending substantial time with his biological mother, my daughter Lisa, in Southern California, I asked the court to transfer guardianship from me to Lisa so he could be with her fulltime.
That request was submitted to Judge Lee the 25th of June 2010 with a copy going to Bernd, his biological father, to the address in Colorado where Bernd was living with the other 4 boys, Alex’s brothers. Since no objection had been raised within the time limits established by the Utah Rules, I requested the court make a decision. Accordingly, Judge Lee granted my request and conveyed full custody and control (guardianship) over to Lisa. My request for a decision was not made until the 14th of July, 6 days beyond when Bernd’s objections should have been filed had he any opposing the petition, and even after the court’s proposed order had been mailed to Bernd on the 15th of July.
Judge issued his decision on the 19th of July, just a day or two before Bernd’s attorney, Terry Hutchinson, filed his objections with the court. (According to the mailing certificate, Hutchinson’s Objection was served, i.e., mailed, on the 17th of July 2010). If it was received by the court by the 19th, it apparently did not come to the attention of the judge because Judge Lee makes no reference to any such objection in his order of the 19th of July 2010.
Bernd’s objections to the transfer of guardianship sat in the court’s files until Hutchinson filed an ex parte notice for a hearing on his objections to be held in August of 2010, but when Judge Lee learned of it he cancelled the proposed hearing saying Hutchinson had not followed the rules and that he would consider the matter and decide if a hearing would even be needed.
By the 13th of October 2010 Hutchinson filed Bernd’s request for a decision on terminating the guardianship. I had filed my opposition to Bernd’s petition to terminate my guardianship on the basis it had already been terminated in favor of Lisa, my daughter. Judge Lee finally came down with his decision on the 19th of October 2010 granting Bernd’s Petition to terminate the guardianship (which he had already done by his order of 19 July) but denying Bernd’s petition to return the child to the custodial parent since he had already granted that right and responsibility to Lisa according to his court but, according to Judge Lee, “by deception.” “We now have conflicting orders from two different courts, all caused by the deception of Howard F. Hatch.”
Judge Lee had conveniently failed to also consider that at the time Bernd gave me guardianship, Bernd had added the handwritten notation that he waived all parental custody rights only “during the term of this guardianship,” which notation could have been seen had Judge Lee had he reviewed the original consent form, which Bernd later claimed restricted my right to pass it on to Lisa.
While the Judge noted that Bernd had not filed any objections within the time allowed, he did not seem to want to blame him for that failure as being responsible for what he obviously felt was a mistaken decision on his part… rather he chose to blame me for what he called a “deception” on my part. "
Written by Howard Hatch
(p.s. This is Lisa now talking/writing, and I wanted to add my knowledge and Testimony, of what I know of this situation my father just wrote about. That my Dad Howard Hatch, did NOT deceive the Judge, ever. I know my dad and his ways. It was a fair and just procedure.
(SAD that a mother would even HAVE to beg others for help in this situation in the first place)
Howard simply asked that Alex go live with his mother, based on the fact that Bernd at that time, and in the past, AND especially at that time did NOT want Alex, and made NO effort whatsoever to contact Alex, care for Alex, or even pay a dime towards his care. My Dad had been having conversations with Bernd previous, and at the time and Bernd had made it clear (just NOT on paper where others could know the truth, but cleverly ONLY by phone to my dad) that he, Alex's Dad, had NO interest in having Alex come live with him and Alex's older brothers, or even visit for one day. The choice was clear that Alex then had the right to go live with the ONE parent he had left, who loved and protected and WANTED him.
My dad Howard had asked Bernd Holler over several years (repeatedly) if Alex could go back to Colorado to which Bernd would outright either NOT answer Gramps, and/or actually admit verbally that he did NOT want Alex there. Always on the phone where Bernd knew that it was not being recorded.
My father and Alex would later confirm these facts and truths to me and my husband Rudy many times over the following months and years.
It was after the custody outcome, or fact, that Bernd Holler was 'pretending' that he cared when he was later threatening and was showing a fa-sod of being upset about the Judges decision, that the Judge then changed his tune or attitude then claiming that there was some kind of deceivement, just to make Bernd and his paid lawyer stay in the fighting mode, and to clear his own ass, which also in turn could prolong LOTS of litigation, which would bring LOTS of more money into this corrupt system and keep the fighting going. It was ALL after the fact of the fair and honest decision. This is what made it into a JOKE.
I do not tell these things to justify the outcome, as much as it is to show the truth of the reality of what was happening during this year that I, Lisa, was granted what was rightfully mine. The ability to righteously raise at least ONE of my many loved sons who I loved deeply and had successfully raised and protected them, over all the years of their lives where they lived with me!
This is my truthful testimony! and I say and witness these truths in the name of Jesus Christ)