Judge Joseph M. Buckner

Disbarrred lawyer claims vindication

RALEIGH –12/28/10 – Last week, the North Carolina Court of Appeals vacated a child custody order entered by Orange County District Court Judge Joe Buckner, calling the child custody case a “charade.” The case involves a 3-year old boy who was removed from Nevada by Mormons so he could be adopted in North Carolina without his mother’s consent.

The Court of Appeals agreed with the young boy’s mother, Emily M. McManaway, that Judge Buckner’s order must be vacated because he failed to hear any evidence before awarding sole custody of McManaway’s son to her brother and his wife when they had already given the young boy away to a Surry County couple they had met online.

Betsy J. Wolfenden petitions the North Carolina Supreme Court for stay pending her appeal.

http://www.scribd.com/doc/36010254/Betsy-Wolfenden-s-August-17-2010-Peti...

On July 13, 2010, the Honorable Allen Baddour, 15-B Superior Court Judge, dismissed all criminal charges against a defendant after 15-B Chief District Court Judge, Joseph M. Buckner, increased the defendant's bond from $1,000 to $25,000, after the defendant gave notice in open court of his intent to appeal Judge Buckner's judgment and sentence.

According to Judge Baddour, the defendant's constitutional right to due process required a dismissal of the charges when Judge Buckner increased the defendant's bond without making any findings of fact, contrary to the United States and North Carolina Constitutions, established law and local rules of court.

While Judge Baddour declined to find that Judge Buckner's conduct was "actually" vindictive or retaliatory, he did find that his conduct had the effect of deterring the defendant from exercising his constitutional right to a jury trial.

On July 26, 2010, the Honorable W. Earl Britt, United States District Court Judge, granted Betsy Wolfenden's motion to remand her lawsuit against the North Carolina State Bar to Wake County Superior Court where she is suing the State Bar for defamation, malicious prosecution, civil conspiracy, tortious interference with business relations, and punitive damages.

Wolfenden is also suing Judge Joseph Buckner, Judge Lunsford Long and Attorneys Donna Ambler Rice (formerly Davis) and Leigh Peek for similar claims. Wolfenden brought her lawsuit after the State Bar brought a claim against her for mental illness which it later dismissed after she obtained a psychological evaluation and was found not mentally ill.

I am Emily. I am the mother of two children. I have a three year old daughter who lives with me in Nevada. I have not seen or talked to my six year old son, Murray, in almost four years. My daughter has never met her big brother but we look at Murray’s picture every day so she knows she has a brother.

My brother and sister-in-law used a phony court order to remove Murray from Nevada. The court order was prepared in 2003 by Leigh Peek of Hillsborough, North Carolina. My brother and sister-in-law told me they needed a document to get emergency medical care for Murray while I left him in their care for a few weeks. I did not want to sign the document because Murray already had Medicaid, but I trusted Leigh because she is Mormon and my family is Mormon. Leigh did not advise me to see another attorney before I signed the document in her office, so I thought she was representing me.