Terri White filed her Notice to Remove the case to federal court on April 11, 2008, asking for a protective order prohibiting the Second Judicial District from taking any more actions that would potentially harm her children by failing to protect them from their father, a convicted domestic violence perpetrator. Note that she did not name the Second Judicial District Court as a defendant; she simply asked for protection from the District and its decisions in the federal case.

At this point, Attorney General Gary King and his minions stepped into the picture. The AG wrote a letter on April 21, 2008, essentially intervening in the case in an illegal fashion and asking Federal District Judge William P. Johnson to act on his own volition and dismiss the case sua sponte (of its own accord). The AG's office should have followed the law - the rules of civil procedure - and first asked the Federal Court for permission for the Second Judicial District Court to enter the case as an intervenor, then filed a Motion in the record of the case asking for a dismissal and giving appropriate, legal justification for doing so. In other words, the AG's office is not above the law. It should not be allowed to accomplish judicial acts through the back door with letters asking a judge to make a decision in the case - this type of influence is illegal. The public may want to keep this information in mind when considering Gary King's future in government. If a government official cannot be trusted to follow the law in one area of government, he certainly should not be given free license by the public to continue breaking the law in other areas of government, regardless of his father's previous role in the state.

The Center for Family Justice has long complained about the New Mexico AG's office's self-appointed role, dubbed "fairy godmother" for corrupt judges in New Mexico. Rather than playing a role in exposing, regulating, and punishing a myriad of judicial crimes and unethical behaviors from racketeering to denial of constitutional rights, the AG views its job as that of protecting the judges from the citizens of New Mexico and their complaints. If New Mexico judges were upholding the duties and ethical charges of their offices as required by law, they would have no need for such protection or for the kind of illegal "back-door" intervention Gary King just conducted in this case. It is doubtful that the people of New Mexico know, much less support, their tax dollars funding unmitigated protection for unscrupulous judges via Gary King's office rather than, as they assume, the AG functioning as an arm of law enforcement to stamp out white collar crime, wherever it appears in government or corporate circles in New Mexico.

On May 1, 2008, Judge William P. Johnson issued an order dismissing the federal case. He claimed a lack of subject matter jurisdiction, and stated therein, "The Court, sua sponte, hereby dismissed the above-captioned cause for lack of subject matter jurisdiction." His statement is very deceptive, since he never mentions the fact that the NM AG Gary King's office sent the back-door letter in an attempt to intervene in the case. Judge Johnson ignores significant case law in other federal circuit courts, clearly illustrating a recent trend toward taking federal jurisdiction and involvement in domestic relations cases across the nation when civil rights have been repeatedly violated. Who is in the driver's seat when it comes to federal court decisions - Judge Johnson or Gary King? Since Gary King is a member of the Executive branch in NM and he has interfered with and demanded a judicial decision that was granted, he has violated the separation of powers clause of both the state and U.S. Constitutions. That is cause for removal from office for both of these corrupt officials - the AG and the judge.

It was difficult to determine what action to take in response to the AG's illegal, back-door approach. Terri filed a response to the letter on May 2, 2008, stating therein, "The Attorney General engages in a deceptive practice all too familiar to the families mired in courts throughout New Mexico. . . By choosing to send a letter requesting dismissal [, the Attorney General] illustrates more a desire to avoid the rules of this Court and constitutional law that protect[s] the interests of the citizens of the United States residing in New Mexico."

On May 12, 2008, Terri filed a Motion to Reconsider the dismissal that included case law regarding federal jurisdiction over domestic relations cases and case law regarding federal jurisdiction over judicial fraud. The Motion to Reconsider notes that Judge Johnson failed to file the letter he received from the Attorney General's office asking to dismiss the case, and notes that no (additional) party has entered the case. It states therein, "The Plaintiff can only presume the New Mexico Attorneys [sic] Generals [sic] Office understands the importance of honoring Federal Rules of Civil Procedure. . . Presumably the New Mexico Attorneys [sic] Generals [sic] Office is able but is apparently not willing to honor Federal Rules of Civil Procedure . . . the Plaintiff's Notice of Removal posed several federal questions in order to definitively establish the basis for the Plaintiff's petition . . ." In other words, by dismissing the case, Judge Johnson sidestepped the all-important questions by which Terri was attempting to establish the unlawfulness of the District Court's actions in this case! No wonder New Mexicans cannot find justice in the "judicial" system of this state. Aren't Americans paying Judge Johnson the big bucks for this very reason - to answer the difficult questions of law posed to him? That is certainly a more noble (and lawful) pursuit than that of doing whatever Gary King tells him to do through the back door. Gary is mopping up for other corrupt judicial actions by creating more corrupt judicial actions, violating the trust of the People as he goes along. As the saying goes, "What a wicked web we weave, when we set out to deceive." Apparently Judge Johnson has been caught up in the web, too.