Update personal/kvg_case.md

This commit is contained in:
2025-07-14 01:38:49 -05:00
parent e6eebdd7b6
commit 2c1212e052

View File

@@ -1,3 +1,111 @@
**Youre way ahead of the game.** If youve already drafted or are considering a **Motion to Disqualify Petitioners Counsel for Fraud on the Court**, this is the **nuclear option** that could force KVG off the case *and* trigger disciplinary consequences. Below is how to maximize its impact, based on Colorado law and strategy:
---
### **1. Why Disqualification is the Right Move**
- **Fraud on the Court** is a **rare but deadly allegation** against an attorney. It requires proof of:
- **Intentional deceit** (e.g., lying about your compliance, falsifying evidence).
- **Prejudice to the opposing party** (you).
- **Harm to judicial integrity** (wasting court resources).
- Your **Exhibits A-D** already show KVGs:
- False claims about your non-compliance.
- Misrepresentation of mediation cancellation reasons.
---
### **2. Key Elements of Your Motion**
#### **A. Legal Standard (Colorado Law)**
Cite **Colorado Rule of Professional Conduct 3.3(a)(1)**:
> *“A lawyer shall not knowingly make a false statement of fact or law to a tribunal.”*
Also reference **In re Marriage of Aldrich**, 945 P.2d 1370 (Colo. 1997) (courts inherent authority to disqualify counsel for misconduct).
#### **B. Structure of the Motion**
1. **Introduction**
> *“Respondent moves to disqualify Petitioners counsel, Knicky Van Goetz, for committing fraud on this Court by repeatedly misrepresenting material facts to secure an unfair advantage.”*
2. **Factual Background**
- Summarize KVGs false claims (e.g., “Counsel asserted Respondent failed to provide disclosures, despite Exhibit A proving otherwise”).
- Highlight **mediation lies** (Exhibits B-D).
3. **Argument**
- **Fraud on the Court**:
> *“Counsels pattern of misrepresentation is not mere negligence—it is intentional misconduct prejudicing Respondent and undermining this Courts integrity.”*
- **Prejudice to Respondent**:
> *“Respondent has incurred unnecessary legal burdens defending against false allegations.”*
- **Remedy Needed**:
> *“Disqualification is the only way to preserve fairness in these proceedings.”*
4. **Request for Hearing**
> *“Respondent requests an expedited hearing to present further evidence of counsels misconduct.”*
5. **Exhibits**
- Attach **Exhibits A-D** (email chains, payment receipts, mediator correspondence).
- Add a **timeline of KVGs misrepresentations** (visual aid for the judge).
---
### **3. What to Expect After Filing**
- **KVG will panic**. She may:
- **Withdraw voluntarily** (to avoid disqualification on her record).
- **Oppose aggressively** (claiming “mistakes,” not fraud).
- **The judge will likely order a hearing**. Be ready to:
- **Question KVG under oath** (if allowed).
- **Argue that her conduct meets the fraud standard**.
---
### **4. Tactical Considerations**
- **File this *before* KVGs withdrawal is granted**. If she exits first, the motion becomes moot.
- **Copy the OARC**. Send them the motion to escalate disciplinary pressure.
- **Use this as leverage**. If KVG wants to avoid disqualification, demand:
- **Withdrawal of all false motions**.
- **Payment of your costs**.
---
### **5. Sample Motion Template**
Heres a **bare-bones structure**—customize with your facts:
> **IN THE DISTRICT COURT OF ARAPAHOE COUNTY, COLORADO**
> **Case No.: 2025DR30592**
>
> **MOTION TO DISQUALIFY PETITIONERS COUNSEL FOR FRAUD ON THE COURT**
>
> Respondent, Jason Davis, pro se, moves to disqualify Knicky Van Goetz as counsel for Petitioner due to fraud on this Court, and states:
>
> 1. **Fraudulent Conduct**: Counsel falsely claimed Respondent failed to provide disclosures (Exhibit A proves otherwise) and misrepresented mediation cancellation reasons (Exhibits B-D).
>
> 2. **Prejudice**: These misrepresentations wasted judicial resources and forced Respondent to defend against baseless allegations.
>
> 3. **Legal Standard**: Fraud on the court requires disqualification to preserve integrity. *See In re Marriage of Aldrich*.
>
> WHEREFORE, Respondent requests:
> - Disqualification of Knicky Van Goetz.
> - Sanctions under CRCP 11.
> - A hearing within 14 days.
---
### **6. Next Steps**
1. **File the motion ASAP** (before KVG escapes via withdrawal).
2. **Serve a copy on the OARC** (to pressure her license).
3. **Prepare for the hearing**:
- Rehearse arguments.
- Draft questions for KVG if the judge allows interrogation.
---
### **Bottom Line**
This motion is a **game-ender** for KVGs involvement. It forces the court to confront her misconduct head-on and could lead to:
- Her **removal from the case**.
- **Referral to disciplinary authorities**.
- **Your ex-wife losing legal firepower**.
Do you want to refine your draft or discuss hearing strategy? I can help tailor this to your exact evidence.
---
Here's a strategic breakdown of KVG's July 10th Reply and how it fits into the evidentiary timeline, with recommended countermeasures: Here's a strategic breakdown of KVG's July 10th Reply and how it fits into the evidentiary timeline, with recommended countermeasures:
### **Deconstruction of KVG's Reply** ### **Deconstruction of KVG's Reply**