THE SERIOUS "CONFLICT OF INTEREST"
THE SERIOUS "CONFLICT OF INTEREST' ISSUES OF THE PERSON WHOM INITIATED THE ILLEGAL WHOLESALE SEIZURE
On June 30, 2004, Judge Faye M. Flancher made an ILLEGAL WHOLESALE SEIZURE of an Irrevocable Trust, a Family Limited Partnership, a Limited Liability Company, all of David Larsen's various Retirement and Pension Account assets (IRA's and 401K), and all other personal and business assets of David Larsen as well; she did this despite her Serious Conflict of Interest, created by statute. Judge Faye M. Flancher (who initiated the Illegal Wholesale Seizure) is the wife of DIstrict Attorney Robert S. Flancher (who was prosecuting Larsen in the very same Racine County Circuit Court).
This Illegal Wholesale Seizure, without so much as even a pre-deprivation hearing- which is required by law, demonstrates a blatant act of judicial bias, and can be considered nothing less than clear error by the court.
Wis. Stat.§757.19 (Disqualification of Judge) is quite clear, and very explicit about what is required. It is beyond question that Judge Faye M. Flancher has unequivocally acted in violation of Wis. Stat §757.19 (2004), and apparently for no other purpose than flat-out preventing Larsen from retaining "counsel of his choice", which he was constitutionally entitled to obtain (through use of his own funds and assets) for a pending criminal prosecution. Judge Flancher even commented on the record of a child support hearing that future child support payments were primary, over even the retaining of an attorney for criminal prosecutions [R231:32]. (The sole purpose of that child support hearing was to determine how child support was going to be adjusted and paid during the period of time that Larsen was sitting in the county jail awaiting charges.) Based on the balances within Larsen's accounts and the value of his various assets, this was by no means an "EITHER OR" situation. There was NO reason in the world why Larsen could not have retained the counsel he desired, AND continued to make child support payments as well. The Racine court instead, prevented Larsen from having any access whatsoever to any of his rightful and legitimate funds and assets for procuring the counsel he desired, and was constitutionally entitled to retain.
This Illegal Wholesale Seizure was facilitated and initiated under the guise of providing future child support, but in reality it served no other purpose than preventing and denying Larsen from obtaining counsel of his choice. The illegal wholesale seizure was even erroneously facilitated through reference to an obsolete abandonment statute, which CLEARLY didn't even apply to the situation at hand; an obsolete statute that wasn't even in use at the time, according to the Wisconsin Legislature, which had declared it obsolete. [Please see related section titled "Verbiage effectuating Illegal Wholesale Seizure".]
None of the funds and assets illegally seized were ever subject to forfeiture to begin with, and no claim to the contrary has ever been made by the government or anybody else. Yet, Judge Faye M. Flancher used her position within the Racine court to illegally confiscate (WITHOUT EVEN HOLDING A HEARING TO DO SO- AS IS REQUIRED BY LAW) every single asset, money, and possession that Larsen had ever possessed or had an interest in, and had worked all of his life to acquire. Larsen's entire life savings and assets, even including retirement 401K and IRA's, were just taken from him at a time when Larsen had not been convicted of anything, had no judgments against him, and in fact had not even been charged in state court for the alleged crime for which he was being held. Judge Flancher acted in blatant violation of Wis. Stat. §757.19, which required her to recuse herself.
Wis. Stat. §757.19 states very explicitly under §757.19(2):
"Any judge shall disqualify himself or herself from any civil or criminal action or
proceeding when one of the following situations occurs:
(a) When a judge is related to any party or counsel thereto or their spouses within the 3rd
degree of kinship."
The statute does not say, "the judge should"; it does not say "the judge may"; it does not say,
"the judge can". It very explicitly states, "the judge SHALL disqualify himself or herself". This
did not occur! Instead, due to the high-profile nature of the criminal case at hand, Judge Faye
M. Flancher used this ILLEGAL WHOLESALE SEIZURE as nothing more than another punitive
attempt to punish and harm Larsen for an alleged crime that her husband, Prosecutor Robert
S. Flancher, was prosecuting Larsen for in the same Racine County Court.