Board of County Com'rs of Weld County v. Howard, 81SA261
| Decision Date | 25 January 1982 |
| Docket Number | No. 81SA261,81SA261 |
| Citation | 640 P.2d 1128 |
| Parties | The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF WELD, Colorado, Poudre Valley Rural Electric Association, Inc., a Colorado Corporation and National Farmers Union Property and Casualty Company, Petitioners, v. H. Gordon HOWARD, Respondent. |
| Court | Colorado Supreme Court |
Thomas O. David, Greeley, for Weld County.
Cross, Christensen, Price & Starr, Randolph W. Starr, Loveland, for Poudre Valley Rural Elec. Ass'n., Inc.
Warberg & Mast, P. C., D. Chet Mast, Fort Collins, for Nat. Farmers Union Property and Cas. Co.
H. Gordon Howard, pro se.
In this original proceeding, the Board of County Commissioners of Weld County and Poudre Valley Rural Electric Association petitioned this court to enjoin respondent, H. Gordon Howard, a disbarred attorney, from appearing pro se or in propria persona before any state court or administrative agency. The petition stated that respondent has filed a multiplicity of cases of a duplicative nature causing the judicial process to be needlessly impeded. We issued a rule to show cause why the injunction should not be granted.
The response by respondent Howard fails to show cause why he should not be enjoined from further pursuing any case in any state court or administrative agency without being represented by legal counsel duly licensed to practice law in the State of Colorado. The response filed by Howard also demonstrates a lack of understanding of the issue involved and emotionally describes the petition as being:
"... false, fraudulent, vexatious, frivilous (sic) and a fake and a sham upon its face, as well as being criminalistic in scope, and totally meritless under the facts and the law, as well as being scurrlious, (sic) and scandalous, and filed solely to deprive Howard of his civil Constitutional, and statutory Federal Rights, such as are guaranteed by the Fourteenth Amendment to the U. S. Constitution as a right of citizenship to the said Howard."
There exists ample justification for an injunction, and therefore it is granted, thus making the rule absolute.
Respondent Howard was admitted to the bar of this state in September 1938. On August 21, 1961 he was disbarred by this court. People v. Howard, 147 Colo. 501, 364 P.2d 380 (1961).
Subsequent to his disbarment, respondent Howard filed a total of nineteen cases between 1965 and March 1977, acting as trustee of the "Howard Land Trust" and appearing in propria persona in his capacity as trustee. On October 23, 1977, this court adopted the report, findings, and recommendations of the Unauthorized Practice of Law Committee and enjoined respondent Howard "from appearing before any court or administrative agency of the State of Colorado, in propria persona as trustee for the Howard Land Trust or any similar such trust...."
Since the 1977 order of this court, respondent Howard, appearing pro se, has initiated no fewer than fourteen actions, in state and federal courts, and before state administrative agencies. Included are two actions in the United States District Court for alleged damages resulting from a zoning resolution adopted by Weld County; three actions (2 in the United States District Court, 1 in state court) seeking damages for an allegedly illegal arrest of respondent Howard in May 1978 on charges of felony menacing; seven actions (3 in the United States District Court, 2 in state court, and 2 before state administrative agencies) challenging a Weld County zoning resolution and the Rural Electric Association's refusal to provide certain service; one action in the United States District Court seeking damages and an injunction stemming from a determination by the Weld County Health Board that respondent Howard's septic system was not properly functioning; and one action in state court seeking to collect money allegedly due to respondent Howard on a loan contract. In those cases in which respondent Howard alleges damages, he seeks them in sums of millions of dollars. Of the fourteen actions mentioned, six are now pending, six have been...
To continue reading
Request your trial
-
Miller v. Johnson
...pro se litigant Green from filing any action except with the prior consent of the District Court. See also Board of County Commissioners v. Howard, 640 P.2d 1128 (Colo.1982). Some such remedy may be necessary with plaintiffs as, in some respects, the abuse in this case based on the action o......
-
Protect Our Mountain Environment, Inc. v. District Court In and For Jefferson County, 83SA387
...misuse the judicial process or pursue actions not supported by a rational foundation in fact or law. See, e.g., Board of County Commissioners v. Howard, 640 P.2d 1128 (Colo.1982), appeal dismissed, 456 U.S. 968, 102 S.Ct. 2228, 72 L.Ed.2d 841 (1982); People v. Dunlap, 623 P.2d 408 7 Althoug......
-
Unauthorized Practice of Law Committee of Supreme Court of Colorado v. Grimes, 82SA94
...45 L.Ed.2d 562 (1975), to provide lay assistance to individuals representing themselves in legal matters. See Board of County Commissioners v. Howard, 640 P.2d 1128 (Colo.1982); People v. Dunlap, 623 P.2d 408 (Colo.1981). However, he has misread or does not understand the holding in Faretta......
-
Karr v. Williams, 02SA18.
...appearing pro se in all the courts of the state. See Bd. of County Comm'rs v. Winslow, 862 P.2d 921 (Colo.1993); Bd. of County Comm'rs v. Howard, 640 P.2d 1128 (Colo. 1982); People v. Dunlap, 623 P.2d 408 (Colo. 1981); People v. Spencer, 185 Colo. 377, 524 P.2d 1084 (1974); Shotkin v. Kapla......
-
Pro Se Civil Appeals: the Problem and Special Standards and Rules
...§ 1654, cited in Faretta as original source of federal right of self-representation). [7] Bd. of County Comm'rs of Weld County v. Howard, 640 P.2d 1128, 1129 (Colo. 1982). For example, a pro se party has no right to file meritless civil actions resulting in "constant unfounded litigation." ......