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Tuesday, March 27, 2012

3. Due Process - Parent's Rights to records

In reference to my recent filing see post 3/22/12; It appears that the Rules of the Court of New Hampshire add further weight to the argument of obtaining records.


specifically:
VIII. Denial of Access. The clerk, after consultation with the presiding justice and Administrative Justice, may, for good cause shown, deny access to court records to any individual. Good cause shall include, but not be limited to, previous theft, destruction, defacement or tampering of records and refusal to comply with administrative regulations established in accordance with these guidelines.


IX. Access by Litigants.
Subject to paragraph II, and unless otherwise ordered by the Presiding Justice for good cause shown, parties to any litigation and their attorneys shall have complete access to their case records at all reasonable times and under the conditions set forth in these guidelines.

It will be interesting to see how the motion for reconsideration is ruled on; mostly likely it will have to pushed through the NH Supreme Ct. and 1st District Ct.  an expense that deters most litigants, not to mention the rules for filing.  Well bring it on, the worst that can happen is that I will obtain more experience and be a better advocate in the future without practicing on anyone other than myself; with that said, I do believe I am right in this matter parents should have the same rights as murderers and be entitled to their records. 

2 comments:

  1. I also believe you are right in this matter.
    I and I'm sure many other's in NH have been denied access to Court files, ILLEGALLY! My daughter and I have been denied access to a certain Court CD for the last almost seven year's by the Nashua District Court as well as the NH Supreme Court. The CD proves my husband and I were slandered by a certain DCYF Lawyer, who relayed to Judge James Leary an already proven false report of abuse and told the Judge the supposed abuse occurred in my home. Odd, but the false report NEVER said where the supposed abuse happened. The False Report is posted on my grandparent's blog.According to the Supreme Court, as of 2004, Hearsay is NOT allowed in Court. Was Judge Leary even aware of this Law? If he was, he clearly IS bias against parent's and family member's, because he did NOT abide by the laws of the Supreme Court and did indeed admit Hearsay evidence without proof, we were never considered in the placement of our ILLEGALLY stolen grandchildren. For that matter, no other relatives were either. Why is it Govt. agency's can make up their own rules? And why is the Court allowed to make up their own rules? The Court's would much rather hide the perjury of this unethical Lawyer and keep the federal funding rolling in for our grandchildren. If placed with family member's, they wouldn't have raked in the blood money they received! Our Legislature MUST take back the power of the court's CACR 26 must pass! This power belong's to the people, not the bias Court's!

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  2. Thank you for your reply. It is awful, the unfortunate part is that in many cases reviewed; the court appointed attorney should have been aware of the case law on hearsay, which would trump state law and preserved his/her clients right to appeal with his/her proper objection.
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    The NH Bar is a system filled with over 8000 attorneys that have to join to practice making them the monopoly; it is also the governing agency on attorney complaints. I am not an expert but ethics would indicate that that doesn’t work well. Why would they severely discipline the people, who pay for their very existence? I would have to guess considering the very few cases of reprimand that the Bar isn't going anywhere yet, and the public will continue to be stuck with Attorney's without assurance that their representation is the best it can be; because there are no safe guards to hold them accountable.
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    This is just my observation but, since most other states make joining the bar an option and not a sentence one would have to assume that there is an overall lack of ethics in the NH Bar System; when every complaint I have seen comes back without a finding against an Attorney who was clearly negligent.
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    The Complaint against one Attorney who handled a divorce for two people who clearly got along was publically chastised; which means normal people who can agree to a “joint petition for divorce and divide all assets by agreement” have to go pro se. Hardly reasonable when the couple was obviously seeking an Attorney to merely get the right paperwork into the Courts; one would have to argue that this is not equal access to the courts.
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    Independent Paralegals then play a very fine line when assisting the Pro Se individual with the numerous forms because the bar and courts may try to come after them for the unauthorized practice of law; but hey its a form and the Court's are often not clear with their rules and/or writing in English for the average person. Nor does the Court line up all the numerous forms for a Couple to Fill out so that are not making repeat trips to the court, a little bundle wouldn't be hard for them to identify.

    Just a thought.

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