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Monday, July 9, 2012

Judicial Misconduct - How to report it

The Mission Statement of the New Hampshire Court System
page 2 http://www.courts.state.nh.us/press/2009/2007-2008-biennial-report.pdf

To preserve the rule of law and protect the rights and liberties guaranteed by the United States and New Hampshire Constitutions, the courts will provide accessible, prompt, and efficient forums for the fair and independent administration of justice, with respect for the dignity of all we serve.

With the resurrection of the NH Redress of Grievance of Committee, due to the number of people complaining to legislators that the NH court's do not provided accessible, prompt, and efficient forums in the following areas:

  1. being closed several days a week; alledgedly due to budget constraints;
  2. by not hearing family contempt cases within 30 days as required by law under
      NH RSA 461-A:4-a Judicial Enforcement of Parenting Plan;
  3. by not providing aid to indigent parents for GAL fees and/or for requiring
      indigent parents further into debt with excessive unsupported GAL fees;
  4. continuously pushing cases out and not holding parties to the orders that they
      make; thereby teaching it's society that the courts do not administer justice,
      they simply get paid to wear a black robe;

These forums do not preserve the rule of law and protect the rights and liberties guaranteed by the United States and New Hampshire Constitutions; as such they respect the dignity of those they are suppose to serve.  When the administration of justice is prolonged and held with indifference to one party over another who is not following court orders they lose our respect and the chaos increases because of their inability to create order.

Writing and coordinating a complaint to the Judicial Conduct Committee is a tricky task; they rarely oust a Judge or reprimand one, unless their actions involve money outside the court room like Judge Coffey - known for falling a sleep on the bench, when the legislators attempted to impeach her and start their investigation she simply quit; she and her husband also an attorney were finally disbarred by the NH Bar Association which comes under the NH Supreme Ct. conflict of interest? The only reason they were finally disbarred is because of public scrutiny. So scrutinize away...

The case below reasoned by the NH Supreme Court gives some insight into how the "Judical Conduct Committee" works and reasons its decision; be sure to fix everything they say is wrong in this case in your complaint and site their own examples. 

http://caselaw.findlaw.com/nh-supreme-court/1577696.html IN RE: Erica Tapply and Benjamin Zukatis is a case that outlines a mother and her attorney's effort to protect her son; this case decided by the NH Supreme Court gives you the formula for reporting Judical misconduct by outlining their perception of what was not expressed or stated correctly to be viewed as a complaint.

This is a good case based on the logic of the Supreme Court to write a complete complaint, titled and organized in all the ways that they stated it was not done in this case. This case did not work out well for the Plaintiff although it could be used by others who have found bias in the Judicial system, by following the flow of the Supreme Ct. reasoning and by fully articulating their complaints about the Judicial Branch.  

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