Do we or do we not, want laws passed by our Legislature to be enforced?

This article in the Nashua Telegraph today talks about the balance of government by a new yet old amendment.

I think the best part of the article above, highlights what these two branches have been arguing over in the quotes below:

 "The amendment would change Article 73 of the state constitution, giving the legislative branch explicit authority to overrule the Supreme Court’s rule-making authority for the judicial branch. 

 Specifically, laws passed by the Legislature would have precedence if they conflict with rules adopted by the chief justice and the rest of the Supreme Court. 

 The chief and the court would still govern the judicial branch and the state’s court system as usual unless a conflict arose." 

 As a legal and community researcher, lets look at those two paragraphs, because I have to simply point out that the people not backing this, do not know the law or how our government has been formed and/or lack the ability to be accountable.

I mean is it really that hard to figure out? Do we or do we not, want laws passed by the Legislature to be there to protect us?

 The Supreme Court and many Judges would prefer that you have access to justice only based on "precedence" in reality meaning the preference of any particular Judge at any given time, our Judge's by all accounts appear to be human beings. As such, human beings are flawed and come with varying shades of gray and yes, each has their own unique flawed prejudice's. As such, our founding fathers had the foresight to see man's (and women's) greed and created a separation of powers.

The legislative branch is entrusted with making laws, the Judicial branch is entrusted with upholding those laws; not overriding them with their own set of rules. They also are entrusted with letting us know if those laws made by the legislative branch are unconstitutional. Information on all branches can be better articulated in this article. I hope this starts to paint a better picture and hopefully a well known concept about our government's checks and balance system for a historical look back check the the Federalist Papers and the framers original attempts of the authors to explain the constitution being adopted. 

If we accept that the NH Legislative branches role is to create laws, and then allow them to be merely overridden by a conflict with "rules" adopted by the chief justice and the rest of the Supreme Court, we will have no one to blame but ourselves for giving them so much power, that they continue to miss use it and hurt the public they are suppose to serve and treat equally, because they will continue to be accountable to no-one.

Legislators & One County Attorney Validate Complaints by Citizens in NH

Redress of Grievance Committee: Most complaints valid

The above article try's to convey that the Redress Committee is a waste of tax-payers dollars; really? Consider that these Representative make  a $100-$200 a year and put in time like this: "The Panel held hours-long hearings during the legislative session on the complaints - most involving the family court system. Committee members determined that 20 of the 27 complaints  were legitimate and pronounced seven unfounded."  

The Family & Court System in general and DCYF are out of control and out of touch.  Starting with the NH Family Court; parents are getting stuck with outrageous bills for Guadian Ad litem (GAL), even when the law states:

A GAL/Attorney in good standing with the NH Bar/GAL boards should be aware of the rules, laws and Admin. order of Judge Edwin Kelley (2005-03) clearly defining “the maximum fee (including costs) as not exceeding $1,000.00 for any case.  This is further ordered by the Courts with their standard appointment of said GAL, approximately 85% of litigants are pro se and finding the corresponding Administrative Orders to protect their rights is almost impossible since they do not link up with any of the laws. Moreover, this administrative order shows the fee for a GAL is suppose to be $60.00 per hour, yet many family's have been paying more. 

This order further states: “No GAL may be appointed  in any new or reopened marital matter in which one parent is indigent and the other is able to pay for the services of the GAL due to legislation that eliminated funding for GALs,” yet this happens all the time and indigent parents face bankruptcy because of it and/or lose their children, because of unwarranted harsh criticism by GAL's that can be paid up front and not because they are a bad parent.

Consequently, the Office of Cost Containment in NH RSA 461-A: 18, is no longer providing funds for GAL cases; confirmed by phone at 603-271-1416 on 7/5/12; contradicting NH RSA 461-A:17 Guardians Ad Litem and Mediators; Liability for Expenses. "The judicial council shall have no responsibility for the payment of the costs of a mediator or guardian ad litem for any party under this chapter." Thus, creating confusion and hardship for an indigent pro se litigant;

Florida recognized that  “It is difficult to grasp how it is in the best interest of the child to deplete the resources of the family” Higgenbotham v. Higgenbotham 857 So. 2^nd 341,342 (Fla. App.2003); New Hampshire claims to have realized it, yet only on paper by legislators not in practice by the Judicial Branch. 

With DCYF the Department of Children Youth and Families - Social Workers are routinely conducting improper investigations, failing to obtain even doctors reports to support their disclosures and acting on hearsay because NH RSA 169:C states thats ok.   Judge Bamberger and Judge Leary sit on the mental health, criminal, and DCYF cases all which often present a conflict of interest when the defendants are in one court or another and the DCYF hearing is behind closed doors. Furthermore, they threaten people not to talk about their cases to legislators or anyone else, in fact denying them of their 1st amendment right to free speech whether or not it's in court records.  FYI, not one person that came before the Redress was arrested. 

Parents are not being informed of their rights at first contact by DCYF, initially because it was just a protocol, now apparently, because it is actually part of the law. They consistently refuse to give parents paperwork contact logs, 3rd party information etc in their case, it's a simple thing when requested by a parent, it's called due process and now they they DENY them a Lawyer, the only State to do so, and the Family is at risk of losing custody of their child.  A fate most would consider worst than death, and it's all done on hearsay evidence NH RSA 169-C:12 .  Furthermore this department failed both Federal And State Audits consistently for the last 2 rounds over 20 years. And Family's in NH experience the torture depicted in this video:

Family's in NH and across the United States are facing challenges that no one in America should face and at least these legislators, getting paid a mere $100 -$200 a year, are attempting to correct it, they do not get paid extra to sit on committees. The Judicial System, NH Bar Association and Attorney General's Office do not hold these Attorney's and/or Judges accountable; look at what Robert Walsh former county attorney got away with letting the attacker of 2 EMT's badly injured go. with no accountability for not involving the EMT victims in his plea bargain, even when their injuries amounted to a few Felony's. Yet Robert Walsh, simply let this attacker go to a mental health court, and her father who was at the scene merely stood back and let his daughter attack these EMT's, he also appears to have called in a false 911 call because he was afraid to drive her to the hospital, why should this concern us? Because the Father is a well known doctor/ psychologist  who you should click on to find out who it is and stay away from, he also one who the courts call on to access the mental capacity of individuals before the court; why should we or the Courts believe him when he lies about his own daughter, in fact telling the EMT's she wasn't on meds and/or the real reason for his 911 call. Ann Rice at the Attorney Generals office supposedly conducted an investigation and simply scolded Attorney Walsh;  a strongly worded letter at the conclusion of her investigation way to go Rice, it you click on that last piece it's because he apologized in the paper, but never to the victims, nor did he or anyone else help from the State help with their mounting medical bills or 40% reduction in pay because they are still out of work, and no one from the town of Amherst, NH so much as sent them a card.  Furthermore,  the EMT's were rebuffed by Judge Cocker and then denied a restraining order see The two EMT's in this video   who were  denied their rights and their attacker was allowed to walk free until County Attorney Hogan stepped in and had his office reopen the case. 

Fairy Tale Access airing 10/5/12 for the full story, and then Speak Up the week after for the very gruesome details.  These are women in our community who provide a service for their community when YOU need them.  Yet they are still now out of work receiving 60% of their pay, for an incident that happened in May of 2010 and dealing with a corrupt Workman's comp policy that is not covering all of their injuries and who are not receiving victims assistance to get them back to where they were.  Really, that's justice? 

If Lafrance was willing to put her neck out as describe in a recent article in the Nashua Patch, for anything including protecting victims of crimes, ethically as assistant county attorney to Robert Walsh, she failed. 

The Federal Government and states like Wisconsin are actually allowing and/or using funding to help reunite families. Yet, NH goes out of its way to destroy them, with Judges who divorce and marry each others wives  2-3 times and/or have children with other women and fail to tell their current families, and then wonder why their children are upset with them when they do find out. These are the people deciding whats right in other family's matters... and who are also denying victims of crimes their rights and it goes right up to the Supreme Ct.. The Criminal in NH has more rights than you, if your not a criminal. Kentucky is investigating DCYF as seen in this video   adoption for $$$


Vote for the people trying to protect your rights, people like Dennis Hogan the new County prosecutor whom we voted for over Walsh.  Also consider that LaFrance, worked under Walsh as his assistant and did nothing for these victims and several others. Vote for O'Brien and others like Kevin Avard on the redress of grievance panel who went out of their way to listen to complaints and who are trying to enforce accountability. The next time a family or someone else is injured in anyway due to the Judicial System and/or NH Bar Association's failure to hold Attorney's and Judges accountable to the public they are suppose to serve, it could be just someone else you don't know or it could be YOU. 

Worksmens Comp

Assisting Unrepresented Injured Employees

Last revised 1993

http://nhrsa.org/law/281-a-42-c-position-established-for-assisting-unrepresented-injured-employees/

There is hereby created within the department of labor the classified full-time position of dispute resolution coordinator. The coordinator shall assist unrepresented injured employees in understanding, asserting, and protecting their rights under this chapter. The coordinator shall meet with or otherwise exchange information with injured employees, investigate injured employees’ claims or potential claims, and communicate with employers, insurance carriers, group funded self-insurers, and health care providers on behalf of injured employees, with the objective of resolving claims or potential claims promptly and amicably. However, assistance provided under this section shall not include representing claimants in hearings.

Revisions

1993, 357:2. 1994, 3:13, eff. Feb. 8, 1994. This link to the Department of Labor
http://www.labor.state.nh.us/workers_compensation_timeframe.asp
does not show that the above law exists to help the employee and in fact shows the commissioner is not filling this position because the NH RSA shown here  http://www.labor.state.nh.us/I-Workers%20Comp%20Laws.htm shows the law is still in existance and reports from inidviduals show that they are not filling the position; in fact denying NH residents of their rights.