Complaint Review: Judge Gloria Kindig & Daphne Shumway Hudson - Holbrook Arizona

There are two sayings that come to mind in this case. The first one is, "A good attorney knows the law, a great attorney knows the judge." Also, "Anyone who represents themself in court has a fool for a client..." unless they know the judge. Daphne Hudson has scammed the taxpayers out of thousands of dollars. How does she get away with it? She has received public assistance while receiving, and not reporting, child support and now reportedly makes over $100k per year, by her own claim. She has improperly claimed deductions on her federal income tax and filed in multiple counties for child support enforcement on the same man. Neither the state of Arizona, nor the federal government (IRS) have prosecuted her. In fact, she has received protection from the county courts which only fosters her criminal behavior.

She owes her most recent ex-husband over $5,000 and told him he'd have to take her to court to get it. She thrives on flaunting the fact that she can get away with that which others must comply. She knows any court actions against her will get put in limbo for a long time. Her current ex-husband could not get a court date for almost two years just to have child support recalculated. How does she do it?

Mrs. Daphne Shumway Hudson also illegally registered her two daughters in Apache County schools, using her married name Hudson. That has never been the girls' surname. Daphne provided doctored birth certificates to register them in that manner. The children's father had to travel several hours to meet with school officials who initially bristled at the implication of the impropriety. However, when the father provided certified copies of the birth certificates and pointed out they had no true copy, their attitude changed. Of even greater concern is the conduct of the extended family. Grandpa and Grandma Hudson also refer to them as Hudson, with the approval of Grandpa and Grandma Shumway. What screwed up Springerville/Eager family values!

Mrs. Daphne Shumway Hudson further has interfered with her ex-husband's employment and his visitation with his two children for over four years, and continues to do so. When her ex-husband attempted to make her obey the court order by filing a Show Cause Motion, Judge Gloria Kindig not only penalized him for bringing the action but illegally refused to address all issues that were properly brought before the court. If one wonders why people get frustrated with the legal system, here is a good example.

The first court date for this matter was March 19, 2001 at 9:00 a.m. but had to be continued until April 30, 2001 at 1:00 p.m. Daphne's ex-husband had waited for almost two years for this court date. In the opening statements Daphane stipulated to ALL the charges including her current husband's involvement in keeping his wife's daughters from her ex-husband, but the judge would not allow her to plead guilty like that, without an attorney. Why? Because the fact that AARON HUDSON materially interfers with the father's visitation is justification for switching custody, which was requested by her ex-husband in the hearing. Is it possible that Judge kindig had made up her mind before hearing the matter? All indications are that this was the case.

Daphne used up the remainder of the time allotted asking inane questions, receiving instruction and advice from the judge on what questions to ask and how to ask them during that time. The hearing had to be continued again until June 18, 2001. At that time the judge told Daphne's ex-husband she would alot only a very little time, because "She has a life," disallowing most cross-examination, and allowing Daphne to change her plea from the previous hearing. Any attorneys out there reading this?

One of the issues was to adjust child support. The law in Arizona is pretty specific with its guidelines. In this case these issues had to be addressed. The judge also refused to allow the ex-husband's attorney to ask certain questions, such as how much Daphne and her current husband make, thus allowing all the time to Daphne's questions which were out-of-scope. It was so one-sided that one might question why? Why, indeed.

Judge Kindig also violated the law in the court proceeding. Daphne represented herself. David Martin, Esq., a very well-regarded represented her ex-husband. Her Honor Kindig let Mrs. Daphne Shumway Hudson ask irrelevant questions and coached Mrs. Daphne Shumway Hudson, giving her legal advice in the course of the hearing. However, when her ex-husband could not recall an answer to the ridiculous irrelevant questions posed by Daphne Shumway Hudson, the judge chided him for being difficult. The judge even told Daphne how to phrase and rephrase her questions.

Gloria Kindig is a native-american misogamist who is not guided by justice. What is she influenced by? One should note that Daphne's mother, Mrs. Shumway, is from a prominent, influencial family, and works for the court system in Holbrook, thereby having access to the judge. One of her relatives is an attorney there also. Perhaps most telling is Ms. Hudson's own proclamation that she never needed a lawyer because she knew she would win. How do you suppose that could be true? Going into the courtroom how could one KNOW the outcome? This stinks...and it is not rotting venison.

At the end of the hearing, Mr. Martin was so enraged at the uneven-handedness of the decision that he demanded that he be given a copy of the judge's decision. The judge immediately left the room and Mr. Martin requested a copy of the entire proceedings from the clerk. From June 18, 2001 until August 26, 2001, Judge Kindig has not complied. Is she correcting the record to reflect her version of the truth? Why can't the recorder just provide the copy?

Additionally, under A.R.S. 25-409, the paternal grandparents of Daphne's two older children had been granted visitation. Daphne denied them visitation and there was a complaint filed against her. (Daphne Shumway Hudson has had three children by three men. However, her most recent ex-husband fell into her scheme and consented to adopt the first child just months before she divorced him so that she could make him pay support for the child she knew she couldn't get from her first husband.) Judge Kindig refused to address the complaint and hear all the testimony evidence in the matter, which was illegal. Judge Kindig still has not complied to the request for the transcript of the proceedings.

CONTACT ARIZONA FATHERS' RIGHTS and get them to take action against Navajo County corruption.

P.O. Box 24732

Tempe, AZ 85285-4732

480-456-9076

[email protected]

Also, contact the Arizona Senate Judiciary Committee to protest these lawless actions. Encourage them to investigate thoroughly. Where there's smoke, there's fire.

Elaine Richardson (D), Chair [email protected]

Tom Smith (R), Vice-Chair [email protected]

Linda Aguirre (D) [email protected]

Timothy Bee (R) [email protected]

Scott Bundgaard (R) [email protected]

Brenda Burns (R) [email protected]

Chris Cummiskey (D) [email protected]

Pete Rios (D) [email protected]

Senate Fax: 602-542-3429

Call the Arizona Supreme Court and make them aware of this injustice.

Arizona Supreme Court

1501 West Washington

Phoenix, Arizona 85007-3231

(602) 542-9300

[email protected]

You can bet there are other problems with this judge. Also contact:

Commission on Judicial Conduct

1501 West Washington, Ste. 229,

Phoenix, AZ 85007-3231

(602) 542-5200

[email protected]

This whole situation needs to come before judicial review. The State Agencies need to look into this matter. Do we really want this lawless reputation? Navajo County is growing rapidly, but will people want to go live there and subject themselves to these types of injustices? Let's get some attorneys, honest judges and legislators with some backbone to do the right thing.

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