Nobody knows more about the photo ticketing court proceedings in Arizona from an attorney perspective than Michael Kielsky. He has been fighting this unfair scam day in and day out for two years.
This entry was posted on Saturday, February 5th, 2011 at 3:37 pm and is filed under News. You can follow any responses to this entry through the RSS 2.0 feed.
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Nice Article! Michael Kielsky also ran for the county attorney for the Libertarian Party and unfortunately lost. Maybe next election, if he runs, he can gain more votes!
If you go look at the comments on the linked article, a bunch of process servers are upset … and they should be, but not because of what I said, but what some of these companies are doing.
I too use process servers, and rely on them. Unfortunately, in the pursuit of revenue at the expense of due process, I have learned of and have evidence (including sworn testimony) of the following short cut by some process servers “serving” photo radar tickets:
1. Upon hire, a new process server will sign a release authorizing the process service company to place the process server’s signature on an “affidavit of service”, along with the process server providing a copy of their signature.
2. The process service company prepares the “affidavit of service” after they claim the process server served process, and affixes the process server’s signature to the document, WITHOUT THE PROCESS SERVER ever reviewing the document, or even seeing it at all, before it is filed.
If anyone would like to verify my assertions, they are in the official records and recorded sworn testimony provided by the process server (in each of these three cases), as well as the sworn testimony of the custodian of records for a process service company (in the last case).
1. State v. GREENWOOD, Case # CT2010-070028, in the West McDowell Justice Court, Phoenix, Arizona; hearing date, 9/13/2010 at 2:00 pm
2. State v. ALLARD, Case # 10-B-1353331, in the Chandler Municipal Court, Courtroom #1, Chandler, Arizona; hearing date, 12/21/2010 at 9:45 am
3. State v. MALINSKI, Case # PR-2010021287 and PR-2010021364, in the Scottsdale City Court, Courtroom #8, Scottsdale, Arizona; hearing date, 1/28/2011 at 9:00 am
It is asserted that this method (of placing the process server’s signature on the “affidavit” outside of their presence and without their review of the “affidavit” before it is filed) is used ONLY for photo radar ticket service, not for any other types of actions.
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