| My complaint to the Commission on Judicial Fitness and Disability |
| Please click on the links to view documents |
April 23, 2009
Dear Commission on Judicial Fitness and Disability,
I am not an attorney but I was trained as an aviation accident investigator during my military career. I will do my best to
present documented and factual evidence indicating a pattern of abuse that has spanned nearly ten years. The most recent
incident outlined below is meant to open a dialogue regarding the conduct of Judge Phillip Mendiguren. Please allow me to
point out that it was reported that he was working on other cases during the recent Dunning attempted murder trial. And a
response from the Oregon State Bars recent election questionnaire: While the understand of the law is important, I also
feel that a Judge must be able to “read between the lines”, particularly in matters of equity such as Dissolution and Child
Custody. If a judge only knows the law he/she is open to make severe mistakes.
The combination of chronic inattention, disregard for impartiality, and willingness to lash out when feeling challenged has
fostered an atmosphere of disrespect for the rule of law in his courtroom. His lack of integrity has made Judge Mendiguren
susceptible to manipulation and unable to acknowledge mistakes particularly after choosing to “read between the lines”.
Below is a list of documents that support my assertion that there has been a systematic pattern of abuse including;
swearing, docket manipulation, judge shopping to achieve outcomes, missing records, and document alterations that have
culminated in Judge Mendiguren attempting to cover up his actions and mistakes with a lie and additional threats.
1) Response letter dated August 6, 2008 from Judge Mendiguren Click Here
2) Inquiry letter dated August 2, 2008 from Larry Bare Click Here
3) Response letter dated July 25, 2008 from Michelle Leonard Click Here
4) Inquiry letter dated July 16, 2008 with altered warrant request attached Click Here
5) Letter to the editor published week of May 10, 2008 Larry Bare author Click Here
6) Letter dated April 16, 2008 from attorney Rick Dall RE: warrant request Click Here
7) Court Record 2/06/01 thru 8/01/07 Click Here
8) Response letter dated April 7, 2008 from Michelle Leonard RE: Judge Baxter, missing recording of felony sentencing
Click Here
9) Telephone message record from Rick Dalls office RE: Judge Baxter Click Here
10) Request for records letter dated March 25, 2008 from Rick Dall Click Here
11) Request for records letter dated March 10, 2008 from Larry Bare Click Here
12) Page 15 of court transcript from restraining order hearing 8/31/00 Click Here
13) Letter dated September 20, 2000 from Larry Bare RE: stalking protection order – contains handwritten response
from Judge Mendiguren Click Here
14) Court Record 9/15/00 thru 9/21/00 RE: restraining order Click Here
15) Court Record 9/27/00 thru 9/29/00 RE: civil stalking Click Here
16) E-mail to Hardy Myers from Larry Bare June (?) 2001 Click Here
17) Pages 1 & 4 of restraining order dated July 3, 2001 Click Here
18) Record of emergency mental health evaluation with Jeff Callison head of CHD Click Here
To begin, the statement that Judge Mendiguren made in his letter (1) that he had recused himself prior to signing then
altering the warrant request is simply false. See (7) entries 90, 92, 98 & 100. He was involved from 2000 until his recusal
7/10/07. He signed the order to show cause on 5/01/07 less than two months before signing then altering the warrant
request on 6/29/07.
On 7/05/07 Rick Dalls office received a call from the court offering to send the documents forward for Judge Baxter to review
and sign. I walked in to pay my bill moments after the call and agreed to allow Judge Baxter to review the documents. This
is reflected in both the phone message record (9) and in the court record (7) entries 98 & 99. It was after a Freedom of
Information Act request for all documents that the docket manipulation became apparent. Instead of Judge Baxter reviewing
the case, it was set before Judge Wasley and summarily denied, this despite being previously approved by Judge
Mendiguren. Additionally, despite talking to my attorneys office on July 5th (with no mention of the altered document) and
having nearly a month to have us replace the warrant request the court chose to send forward a document with the
signature block and date block altered. I challenge you to apply the “check test”. Would you either sign a check that your
cosigner had signed then whited out or cash a check that had been altered in this manner? It was “scent marked” and
forwarded on to a specific judge to achieve a specific outcome. Had I not made the FOI request it would have remained
hidden in the court archives with no one the wiser.
I say specific judge for specific outcome because this has occurred before. In August 2000 I finally mustered the courage to
defy court ordered instructions and obtained a restraining order as was recommended months earlier by CHD. (18) It was
immediately challenged by a woman who was driving by my home 3-4 times a day nearly seven days a week. In court
during discussion regarding her having had a home we owned bulldozed, Judge Mendiguren swore at me and threatened
to “put (my) your ass in jail”. (12) He would later allow my stalker to explain her actions by claiming to have been ordered to
by SOSCF and Shelter from the Storm. After he vacated the restraining order I gathered more evidence regarding her being
seen stalking me and about the bulldozing and applied for a civil stalking order.
As you can see by the documents (13,14) my civil stalking case was delayed for two weeks and eventually was scheduled
to be heard by Judge Wasley who had no prior knowledge of the case and denied my request for protection. (15) I believe
that in both cases a clear “message” was sent to the next judge to reject my requests.
I have included another account that makes very clear the attitude regarding my protection. When she was fired for mail theft
my ex-wife (stalker) threatened to kill me and then piled her weapons in an aggressive display the day that I was court
ordered to take my possessions. (16) This was part of the basis for requesting a restraining order in July 2001. As you can
see on page 4 of the restraining order it is altered to allow my ex-wife who live twenty-five miles away to drive by my home
and “may not stop except for emergency”.
There is also the matter of the missing recording of the felony perjury sentencing hearing referenced in items 8, 10, and 11.
The electronic and written record provides the only avenue of accountability for a citizen when their rights have been
systematically denied. I have grave concerns about the fact that portions of the record in our case are missing and/or have
been altered.
I apologize for not being more organized at this time. For the past ten years I have been trying to hold those who have done
so much harm to my family accountable and gain closure for my daughter Stephanie and myself. On March 21st I was
contacted by the UCLA campus police department and asked to file a missing persons report. She is a chemistry major, a
senior and has not been in contact with family or friends in over six weeks. I attribute the difficulties that she is experiencing
directly to my inability to effect closure. I am asking you to address what I have provided and to allow me the opportunity to
present the entire body of evidence I have compiled regarding the behavior of Judge Mendiguren and those to whom he
carelessly delegated his and the courts authority.
Sincerely Yours
Lawrence J. Bare
1066 S. Main Street
Union OR, 97883
Dear Commission on Judicial Fitness and Disability,
I am not an attorney but I was trained as an aviation accident investigator during my military career. I will do my best to
present documented and factual evidence indicating a pattern of abuse that has spanned nearly ten years. The most recent
incident outlined below is meant to open a dialogue regarding the conduct of Judge Phillip Mendiguren. Please allow me to
point out that it was reported that he was working on other cases during the recent Dunning attempted murder trial. And a
response from the Oregon State Bars recent election questionnaire: While the understand of the law is important, I also
feel that a Judge must be able to “read between the lines”, particularly in matters of equity such as Dissolution and Child
Custody. If a judge only knows the law he/she is open to make severe mistakes.
The combination of chronic inattention, disregard for impartiality, and willingness to lash out when feeling challenged has
fostered an atmosphere of disrespect for the rule of law in his courtroom. His lack of integrity has made Judge Mendiguren
susceptible to manipulation and unable to acknowledge mistakes particularly after choosing to “read between the lines”.
Below is a list of documents that support my assertion that there has been a systematic pattern of abuse including;
swearing, docket manipulation, judge shopping to achieve outcomes, missing records, and document alterations that have
culminated in Judge Mendiguren attempting to cover up his actions and mistakes with a lie and additional threats.
1) Response letter dated August 6, 2008 from Judge Mendiguren Click Here
2) Inquiry letter dated August 2, 2008 from Larry Bare Click Here
3) Response letter dated July 25, 2008 from Michelle Leonard Click Here
4) Inquiry letter dated July 16, 2008 with altered warrant request attached Click Here
5) Letter to the editor published week of May 10, 2008 Larry Bare author Click Here
6) Letter dated April 16, 2008 from attorney Rick Dall RE: warrant request Click Here
7) Court Record 2/06/01 thru 8/01/07 Click Here
8) Response letter dated April 7, 2008 from Michelle Leonard RE: Judge Baxter, missing recording of felony sentencing
Click Here
9) Telephone message record from Rick Dalls office RE: Judge Baxter Click Here
10) Request for records letter dated March 25, 2008 from Rick Dall Click Here
11) Request for records letter dated March 10, 2008 from Larry Bare Click Here
12) Page 15 of court transcript from restraining order hearing 8/31/00 Click Here
13) Letter dated September 20, 2000 from Larry Bare RE: stalking protection order – contains handwritten response
from Judge Mendiguren Click Here
14) Court Record 9/15/00 thru 9/21/00 RE: restraining order Click Here
15) Court Record 9/27/00 thru 9/29/00 RE: civil stalking Click Here
16) E-mail to Hardy Myers from Larry Bare June (?) 2001 Click Here
17) Pages 1 & 4 of restraining order dated July 3, 2001 Click Here
18) Record of emergency mental health evaluation with Jeff Callison head of CHD Click Here
To begin, the statement that Judge Mendiguren made in his letter (1) that he had recused himself prior to signing then
altering the warrant request is simply false. See (7) entries 90, 92, 98 & 100. He was involved from 2000 until his recusal
7/10/07. He signed the order to show cause on 5/01/07 less than two months before signing then altering the warrant
request on 6/29/07.
On 7/05/07 Rick Dalls office received a call from the court offering to send the documents forward for Judge Baxter to review
and sign. I walked in to pay my bill moments after the call and agreed to allow Judge Baxter to review the documents. This
is reflected in both the phone message record (9) and in the court record (7) entries 98 & 99. It was after a Freedom of
Information Act request for all documents that the docket manipulation became apparent. Instead of Judge Baxter reviewing
the case, it was set before Judge Wasley and summarily denied, this despite being previously approved by Judge
Mendiguren. Additionally, despite talking to my attorneys office on July 5th (with no mention of the altered document) and
having nearly a month to have us replace the warrant request the court chose to send forward a document with the
signature block and date block altered. I challenge you to apply the “check test”. Would you either sign a check that your
cosigner had signed then whited out or cash a check that had been altered in this manner? It was “scent marked” and
forwarded on to a specific judge to achieve a specific outcome. Had I not made the FOI request it would have remained
hidden in the court archives with no one the wiser.
I say specific judge for specific outcome because this has occurred before. In August 2000 I finally mustered the courage to
defy court ordered instructions and obtained a restraining order as was recommended months earlier by CHD. (18) It was
immediately challenged by a woman who was driving by my home 3-4 times a day nearly seven days a week. In court
during discussion regarding her having had a home we owned bulldozed, Judge Mendiguren swore at me and threatened
to “put (my) your ass in jail”. (12) He would later allow my stalker to explain her actions by claiming to have been ordered to
by SOSCF and Shelter from the Storm. After he vacated the restraining order I gathered more evidence regarding her being
seen stalking me and about the bulldozing and applied for a civil stalking order.
As you can see by the documents (13,14) my civil stalking case was delayed for two weeks and eventually was scheduled
to be heard by Judge Wasley who had no prior knowledge of the case and denied my request for protection. (15) I believe
that in both cases a clear “message” was sent to the next judge to reject my requests.
I have included another account that makes very clear the attitude regarding my protection. When she was fired for mail theft
my ex-wife (stalker) threatened to kill me and then piled her weapons in an aggressive display the day that I was court
ordered to take my possessions. (16) This was part of the basis for requesting a restraining order in July 2001. As you can
see on page 4 of the restraining order it is altered to allow my ex-wife who live twenty-five miles away to drive by my home
and “may not stop except for emergency”.
There is also the matter of the missing recording of the felony perjury sentencing hearing referenced in items 8, 10, and 11.
The electronic and written record provides the only avenue of accountability for a citizen when their rights have been
systematically denied. I have grave concerns about the fact that portions of the record in our case are missing and/or have
been altered.
I apologize for not being more organized at this time. For the past ten years I have been trying to hold those who have done
so much harm to my family accountable and gain closure for my daughter Stephanie and myself. On March 21st I was
contacted by the UCLA campus police department and asked to file a missing persons report. She is a chemistry major, a
senior and has not been in contact with family or friends in over six weeks. I attribute the difficulties that she is experiencing
directly to my inability to effect closure. I am asking you to address what I have provided and to allow me the opportunity to
present the entire body of evidence I have compiled regarding the behavior of Judge Mendiguren and those to whom he
carelessly delegated his and the courts authority.
Sincerely Yours
Lawrence J. Bare
1066 S. Main Street
Union OR, 97883
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