Factual Report By Wes Nunn – January 27, 2018 –

I can’t tell you how mad I am that I was sued with a scam law suit.  I went to court for the first time in my life, only to find out the local court is part of the scam.  At great time and expense I was able to put most issues in courts outside this area and successfully supersede nearly all of Judge Schafer’s illegal rulings.  Comparing local court rulings with rulings by courts outside this area is the difference of night and day.

Again, our newest judge, Judge Darren McElfresh, appears to have distanced himself from the judicial corruption that has plagued our local court for so many years.  It is my hope that we, as a community, are close to reaching a point where corrupt judges no longer control our local court.

Judge Philip M. Schafer is not just marginally corrupt.  The acts done by this judge were done openly and shamelessly without the slightest concern of how illegal his acts are or how corrupt he appears.  Although Judge Schafer became a judge in 1990 and swore an oath to uphold the law and the United States Constitution, he now brazenly violates this oath with impunity.  He violates numerous moral, ethical, and constitutionally protected provisions while hiding behind the wall of judicial immunity.  He openly discriminates against unmarried citizens pursuant to his archaic personal agenda, in violation of every citizen’s constitutionally protected right against marital status discrimination.  He makes promises from the bench and then reneges, without a shred of right or authority, and without offering an excuse; in the process destroying claims that are completely valid.  And mine is not the only case.

Is it illegal?  Yes.  Using power of a government office to obstruct someone’s constitutionally protected rights is criminal.  Judge Schafer acts criminally to obstruct a citizen’s right to access the court by unlawful means.  As with so many aspects of our small community, such corruption is often buried.  When a local citizen refuses to accept his illegal rulings, Judge Schafer retaliates using meritless personal attacks and illegal fines to obstruct a litigant’s protected right to access the court and submit evidence.  Schafer also engages favors from other corrupt judges to further his agenda.

When I refused to accept Judge Schafer’s illegal rulings, he hit me with a menagerie of illegal personal attacks, illegal fines, and rulings in which he illegally blocked the same right to trial that Judge Schafer himself had personally guaranteed me.  I learned the hard way this corrupt judge cannot be trusted.  Fortunately, in my case, diligence paid off and I succeeded in circumventing and superseding nearly all of Judge Schafer’s illegal rulings, in the process proving just how wrong Judge Schafer’s acts were.

How corrupt is Judge Schafer?  Let me count the ways.  Judge Schafer did each of the following illegal acts:

1. Made a judicial order guaranteeing my right to trial under California Code of Civil Procedure Section 1048(b) which states, “preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.” [1]  Later, Judge Schafer acted illegally to block the same

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[1] Cal. Code Civil Proc. 1048(b).  “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.”

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1. (continued) preserved right to trial Judge Schafer himself had guaranteed. Under constitutional law, this can be considered a criminal act.
2. Judge Schafer illegally blocked my strongest evidence at trial. Later, a judge from Santa Clara County followed the law and admitted the same evidence previously refused by Judge Schafer.
3. Illegally fined me $3,500 based purely on personal attacks. The basis for the fine was later proved meritless by another judge who followed the law.
4. Although Judge Schafer accepted disqualification in 2011, he later illegally ignored the disqualification and again blocked the same trial Judge Schafer himself had personally guaranteed.
5. Illegally applied family law to my case, which is marital status discrimination. Judge Schafer did so despite that I have never been married, never had children, the court case was strictly a contract case, and I was only with Fenswick a few years.  I have a constitutionally-protected right against such marital status discrimination.
6. Most of Judge Schafer’s illegal rulings have been superseded by judges and courts from outside Del Norte County. In doing so, the illegal nature of Judge Schafer’s rulings is now proven.
7. Despite being disqualified in 2011, Schafer illegally intervened in 2015 to once again block the same right to trial that he had personally guaranteed. Judge Schafer did so despite he was not assigned to the case or in any way authorized to rule in the case.

Mine is not the only case.  I have seen Judge Schafer pull similar scams on other unwary litigants in other cases.  The scam usually comes in the form of forcing a litigant to rely on Judge Schafer’s word, only to have Judge Schafer later do the opposite.  Judge Schafer also unlawfully stacks the deck against one side by illegally refusing the admission of otherwise valid and admissible evidence.

By now you’re wondering if I could be sued for libel.  The truth provides a full defense.  Because I have the evidence to prove everything I say is absolutely true, it’s within my First Amendment rights.  I am finally going public because the last of my local court business is just about wrapped up, and because the elderly Judge Schafer just refuses to retire.

Background

Jennifer Fenswick and I had a relationship for several years.  I broke it off after discovering she became addicted to gambling.  Several other financial ‘red flags’ also came up.  Fenswick offered to go away and never sue me if I gave her real property.  Although I owed her nothing (which I later proved at trial), I agreed and granted her real property.  In exchange Fenswick provided me with a signed release promising that she would never sue me.

1 ½ years later Fenswick sued me anyway with a bogus law suit in which she tried to wipe me out financially.  The case is Fenswick v. Nunn, CVUJ 05-1431 (later proved wholly frivolous and malicious, in the malicious prosecution action of Nunn v. Fenswick, CVUJ 09-1323).

At trial, although Fenswick’s claims were based purely in contract law, Judge Schafer made seven (7) rulings against me that are distinctly applicable only in marital/divorce law and are unlawful in a non-marital contract controversy.  Such rulings are illegal under marital status discrimination.  Judge Schafer also compromised my case in several unlawful ways.  Nonetheless I proved I owed Fenswick nothing and that she had embezzled from me, and that I was legally entitled to return of my property.

Most important to this matter, prior to the original Fenswick v. Nunn trial, Judge Schafer ordered the separate trial of my real property recovery claim under California’s bifurcation statute, Code of Civil Procedure § 1048(b), thereby statutorily “preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.”

When I proceeded to get my property back, Judge Schafer’s mean side came out.  Instead of correcting his errors as any reasonable judge would do, Schafer escalated his abuse; the more I proceeded within my rights, the more Schafer went outside the law to block me.  In one court proceeding Judge Schafer made an attempt to illegally blackmail me by attacking me personally.  At the hearing Schafer screamed at me until the veins in his forehead were bulging.  But I refused to succumb to his blackmail.  After that, Judge Schafer resorted to unlawful means to obstruct my recovery actions.

At great time and expense, I eventually succeeded in circumventing and superseding most of Judge Schafer’s illegal obstructions, in the process proving to judges from outside the area that the basis of Judge Schafer’s obstructions were unlawful, abusive, unauthorized, or contrary to existing and settled law.

Once all preclusive defenses were defeated and I was set to get my property back, Judge Schafer resorted to some of the most outrageous and blatant due process obstructions imaginable.  Judge Schafer did so by entirely unlawful, unethical and unconstitutional means, at all times depriving the same preserved right to trial that Judge Schafer himself had statutorily guaranteed under Section 1048(b).  Judge Schafer did all this despite being disqualified and after I had made a formal complaint to the Judicial Council.  The court record shows Judge Schafer went as far as to intervene where another judge was assigned, cancel a motion and dismiss the case, while engaging the court clerks to conceal these acts from the judge assigned to the case.  I believe Judge Schafer’s acts were retaliation for challenging the legality of his rulings.  To say Schafer lacks judicial temperament is a drastic understatement.

I’m not sure if Judge Schafer is some kind of communist or socialist, but he seems to believe anyone’s money can be shared with people who don’t want to earn it.  All but his own personal wealth, of course.  I can’t rule out the possibility the acts were simply done as a political favor.  I should mention that Jennifer Fenswick, the woman who originally sued me with the frivolous claims, was Chair of our local Democratic Central Committee for Del Norte County.  I believe this had much influence on Judge Schafer’s illegal acts.

Judge Schafer is now in his eighties and appears to suffer substantial health problems.  There also is indication his faculties are questionable.  I’ll be requesting the Commission on Judicial Performance to consider quiet resolve by forced retirement.  Public confidence in the court system in Del Norte County has already taken enough of a blow after earning the dubious distinction of being the only county in California to ever have an elected district attorney disbarred for acts occurring in office (reference Jon M. Alexander, SBN 129207).

The bottom line is Judge Schafer should not be trusted.  He discriminates, he violates constitutionally protected rights and reneges his promises.

In the next few weeks I’ll be reporting on the other local judges who acted unlawfully to protect and condone Judge Schafer’s illegal acts.

Am I angry?  Hell yes.  Now that my local court business is mostly wrapped up, I’m going public with all of the judicial corruption that’s been played against me.