- 16 - different debilitating illnesses which they alleged made them unable to appear for the longstanding trial date. We must note that petitioners alleged that the onset of their physical conditions began more than 2 weeks prior to the trial session. It is also quite curious and hugely coincidental, that both petitioners contracted laryngitis, in addition to their debilitating illness, so that they were “conveniently” unable to orally communicate with the Court. Although petitioner Hook has filed some responses to the Court’s Orders and/or respondent’s inquiries of petitioners, petitioner Smith has not responded to any orders, notices, or inquiries.6 “There must come a time when even at some risk of error, a court is justified in accepting as conclusive a series of apparent subterfuges.” Freedson v. Commissioner, 565 F.2d at 955 6 Respondent’s counsel pointed out that petitioner Smith has been sanctioned by other courts. In particular, the Court of Appeals for the Tenth Circuit stated that Mr. Smith has a long history with this court marred by repetitive, frivolous filings and general abuse of the judicial process. This well-documented course of misconduct began during his tenure as a practicing attorney, prompting the imposition of numerous monetary sanctions, his suspension from Tenth Circuit practice, and ultimately his disbarment by this court. * * * Howard v. Mail-Well Envelope Co., 150 F.3d 1227, 1231 (10th Cir. 1998). The Court of Appeals also noted that Mr. Smith had been disbarred by the U.S. Supreme Court. See In re Disbarment of Smith, 516 U.S. 984 (1995).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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