Dear Judge Montgomery:

In August of 2008, I forwarded you a memorandum regarding the unethical conduct of Bill J. Fyfe in numerous family law cases (acknowledged by your e-mail, hereinbelow). The memo included allegations of extortionate coercion, abuses of quasi-judicial power, and anonymous allegations of inappropriate advances toward women (mothers in custody cases). Mr. Fyfe was also on the Board of Governors, along with one of the judges who frequently appoints him, of a self-described lobbying group. A few years earlier, several parents had even signed a petition to Chief Justice Mullarkey about this same topic.

Rather than conduct any inquiry into the allegations, it appears that you invited Mr. Fyfe to serve on the Supreme Court's Standing Committee on Family Issues, where Mr. Fyfe has input in how CFI matters are handled by family courts (see an article he wrote, concerning his delight in serving on the Committee, attached hereto).

You should also be aware that Mr. Fyfe recently submitted a brief to the Colorado Court of Appeals, where he claims that, his conduct that occurred between the repeal of CJD 97-02 and the publication of CJD 04-08 means that he was not subject to any accountability or ethical standards and, further, that he was not subject to the standards of his profession (promulgated by the APA) because, he argues, no Colorado law at that time required adherence to those standards.

Candidly, Judge Montgomery, I believe it's a fair question to ask why Mr. Fyfe should be "serving" the people of Colorado in defining CFI practices and family law policy, when he has an established track record of only serving himself and the "divorce industry."

As former Justice Sandra Day-O'Connor and others frequently point out, public confidence in the judiciary seems to be diminishing and, when judges --who have been made aware of this kind of behavior among divorce industry experts-- look the other way or defend them or appoint them to elevated positions, the public should be concerned that the judiciary may be more vested in the "industry" than it is in the welfare of the families that appear in Colorado courts.

Although I am very disappointed, I have been very cordial in writing this communiqué to you, and I respectfully request that you respond in kind, by taking a few minutes to address my concerns.

  . . . with kind regards,

Sean Harrington
http://knowyourcourts.com

  Subject: RE: CCAFCC
Date: Wed, 6 Aug 2008 10:38:25 -0600
From: lael.montgomery@judicial.state.co.us
To: esoxlucios@msn.com

Mr. Harrington,

I have read your memorandum and reviewed your website. I agree with you that supervision of child and family investigators appointed in family law cases is the responsibility of the appointing judge. It is my intent to highlight that responsibility in my presentation at the Family Law Institute training this month.

  Sincerely,

Lael Montgomery
Judge
Boulder District Court
P.O. Box 4249
Boulder, CO 80306
303-441-1866

  From: Sean Harrington [mailto:esoxlucios@msn.com]
Sent: Wednesday, August 06, 2008 9:54 AM
To: montgomery, lael
Subject: CCAFCC

Dear Judge Montgomery:

Please find attached hereto a memorandum in PDF format addressed to you as Chair of the Standing Committee on Family Issues.

  . . . with kind regards,

Sean L. Harrington

 

1/13/2010

My ex was in love/lust with Fyfe- she needed a rescue ranger. She told my young kids during the long haul that she would MARRY Fyfe! When I brought it up in testimony, Fyfe cockily smirked, acting like it was preposterous and [First Judicial District Chief Judge] Brook Jackson never flinched, never looked up from his notes and kept writing during my testimony. But of course, Jax didn't know what was about to hit him when he heard from the kids' shrinks!

As always, I would testify, submit or do ANYTHING against Fyfe. I really should have sued the bastard but after almost 3 years I was tired and broke!

As always, I so admire your tireless efforts.

 

1/13/2010

Dear Mr. Harrington,

I am currently (and for the next several years will be) assigned to other than a family law docket and for that reason tendered my resignation as chair of the Supreme Court Standing Committee on Family Issues to the Chief Justice nearly a year ago.

I understand you to be telling me that you are disappointed that I asked Bill Fyfe to serve on the Standing Committee after you sent me a “memorandum regarding the unethical conduct of Bill J. Fyfe.” I asked Dr. Fyfe to serve based on my perception of his qualifications and not in response to your allegations or in lieu of any investigation into your allegations. In fact, I believe his appointment to the Standing Committee predated your correspondence to me in August of 2008.

  Sincerely,

Lael Montgomery
Judge
Boulder District Court
P.O. Box 4249
Boulder, CO 80306
303-441-3771

 

Mr. Harrington,

As staff to Supreme Court Standing Committee on Family Issues, I am responding to your request for review of correspondence that you sent to Judge Montgomery on August 6, 2009. As posted on your website, Judge Montgomery responded to your memorandum on January 13, 2010. By this email, I acknowledge that your correspondence has been reviewed by Judge Schapanski and by committee staff, and will be considered at such time as the Chief Justice issues an order appointing members to the Committee.

Should you require more information about the Committee, please feel free to direct those inquiries to me personally.

Best Wishes,

Alicia Davis, J.D.
alicia.davis@judicial.state.co.us
Judicial Programs Manager & Acting ODR Director
Colorado State Court Administrator's Office
101 W Colfax Avenue, Suite 500, Denver, CO 80202
phone: 303-837-3630
fax: 303-837-2340