Abortion waiting period, denied. Comments Accepted here from any side...

“It is the obvious which is so difficult to see most of the time. People say 'It's as plain as the nose on your face.' But how much of the nose on your face can you see, unless someone holds a mirror up to you?” ― Isaac Asimov, I, Robot

This article appeared in the Telegraph but someone deleted peoples comments; I'd personally like to point out that the Rep. quoted is Sylvia Gale a woman of questionable ethics as found by DCYF, a 24 hour waiting period for an abortion procedure wouldn't be dangerous to anyone's health except maybe her campaign funding ... 

Abortion is a procedure that actually does kill people, sometimes mothers, always the fetus. Pro-life or Pro-choice if ethical and of sound mind - should not be against a 24 hour waiting period, it would help some and bring NH into the main stream as shown by Rep. Jeannine Notter, R-Merrimack. There is no informed consent, when the procedure and complications are hardly if at all described, and the follow-up care is not done in any of the facilities in this state, to see how the patient is doing. 

This article appeared in the Telegraph today 3/14/13 my comments are in italics...

Thursday, March 14, 2013

Abortion waiting period measure crushed in Statehouse

By KEVIN LANDRIGAN

Staff Writer

CONCORD – A proposed 24-hour waiting period before a woman could get an abortion failed badly before the House of Representatives on Wednesday. 

The 229-121 vote to kill the measure, HB 483, brings the House full circle; in the previous two years, it championed nearly a dozen anti-abortion bills. In fact, last year the House passed this proposal twice, once even attaching it to a popular business tax cut that the state Senate and then-Gov. John Lynch badly wanted. 

Rep. Sylvia Gale, D-Nashua, said as written this would have put more restrictions on abortion than any other medical procedure.

“This is indeed an anti-abortion bill that would create intentionally ideological obstacles to a woman’s procedure and could in fact be dangerous to a woman’s health,” Gale said. 

Seriously what an idiot.  oophs sorry read on...

Rep. Jeannine Notter, R-Merrimack, said this bill would have New Hampshire join the mainstream since 28 states now require women to wait a specific amount of time and 35 states compel all women to have some counseling. 

“We can benefit them by helping them learn the facts before making a decision that leaves far too many women victimized,” Notter said. Supporters argued that informed consent is required for any doctor’s work on a patient. 

“This bill is a common sense solution that protects a person’s right to know just like any other medical procedure,” Rep. Regina Birdsell, R-Hampstead, said. 

But Rep. Peter Sullivan, D-Manchester, said the information supplied to patients was biased against abortion providers. 

 “Very simply, this bill interjects theology into a place where medical science should prevail,” Sullivan concluded. 

Sullivan, either your  illiterate or an arse; click on the word for the definition of theology.  This bill is NOT theology vs. medical science, it is commonsense.  Proposed by a reasonable person; for instance you get medical advice, it could have severe complications (most of which is not disclosed) - you leave talk to someone a friend, relative, you do a google search and then you make your decision.    

Over the past two years, the GOP-dominated House passed numerous anti-abortion bills over to the Senate, where Republicans had a 19-5 advantage. 

The Senate rejected most of the bills but passed into law over former Gov. Lynch’s vetoes measures to require a child notify a parent before getting an abortion and also to ban late term or so-called partial birth abortions that already were illegal under federal law. 

So-called? Really oh written by a guy, late term and partial birth abortions are far from so called, they are heinous and intolerable in a civilized society. However, while it was going on here, illegal under federal law it was largely ignored by the NH Judicial Branch and/or law enforcement for a while.

Kevin Landrigan can reached at 321-7040 or klandrigan@nashuatelegraph.com. Also, follow Landrigan on Twitter (@Klandrigan).

Victim Rights

Nolle prosequi or commonly known as Null process is a prosecutor's decision not to pursue charges. As a victim you have rights and one of those rights is to be privy to any plea bargain offered to someone who hurt you.

The EMT's in this story were denied that right and so much more, for the full story see Victim Rights

If you have been the victim of a crime you have rights see Crime Victim Rights by State

Part Two of this series on Speak Up

NH Legislative Subpoena Power - FLAWED

"Few things are so deadly as a misguided sense of compassion." Charles Colson
The Redress of Grievance Committee's right to subpoena sealed records comes with responsibility and should be viewed by a small committee to protect the child's privacy and one of those viewers better be a seasoned family law attorney!

http://www.nhinsider.com/press-releases/2012/6/19/nhdp-icymi-house-committee-trying-to-subpoena-confidential-c.html  reported:

"The vote to subpoena the records was 9-3, along party lines, ... a  Rep. ... said his understanding is the subpoena is intended to uncover "exculpatory evidence that basically proves that a complainant is a fit father" from the guardian ad litem assigned to the case."

Number 1. Exculpatory evidence is meant to prove innocence and occurs in criminal charges the case they reference is civil.

Number 2. Looking solely at one source in any case is hardly going to define someone as a fit parent - it would have to be collaborative to make a valid ruling as such it must be cross referenced on all the sources. Meaning:

1. - Read the sealed GAL report check for unbalanced reporting example stated fact versus whether or not they actually viewed what was reported as a fact, without a disclosure of who else might have relayed it?

2. - Confirm the GAL's sources therapist etc.;

3. - Confirm the GAL's investigative skills did they document conversations as they had them?

4. - Did the GAL's investigative skills  demonstrate that he/she reviewed the therapist's actual record with the child to be sure their verbal disclosures mirror their written disclosures about what the child said had alleged to have said to them? NO?

5. - Then go back and cross reference the GAL's disclosures of what the therapist said is it what that the therapist disclosed? is it in their notes with the child? or her notes of a call with the GAL? If not than it may be shown that the therapist lied and you have a case to plead fitness;

6. - If they do not match then you have to find our who lied - check the GAL record did he/she simply record conversations and document them in a way a DCYF worker or as an investigator would; if not than it may be shown that the GAL lied you have a case to plead fitness;

7. If all sources and back up, check out = you have an unfit parent;

8. Please be aware the above is just a sample of the crossreferencing that would need to be done in this case to ascertain a compelte and accurate investigation.

Reviewing sources, distinguishing whether or not they are a primary source, secondary and/or that their records to support are in place; is a responsibility: all the source's should be subpoenaed to be appropriately reasoned; with out it, all you can hope to gain is your opponents opposition - and rightfully so, because you do not know what your doing or looking for to support and/or discredit either side.

"With great power comes great responsibility"  this appears to have originally been used by Voltair in French "Œuvres de Voltaire, Volume 48". Lefèvre, 1832); as well as Thomas C. Hansard, ed (1817) in Parliamentary Debates stated the phrase was already a cliché as a UK Member of Parliament in 1817 and the sentiment is also found in Luke 12:48: "from the one who has been entrusted with much, much more will be asked" (NIV).

If your going to take on something do it thoroughly, completely and the right way.

Free Speech Now Denied by Legislator towards Women Legislators

I was taught you never, ever disrespect your opponent or your teammates or your organization or your manager and never, ever your uniform. Ryne Sandberg

We need to demand the same from legislators.

Roe vs. Wade landmark decision on American women's right to choose, Michigan while hearing views on whether or not to pass restrictive legislation against abortion decided one woman's inclusion of the word "vagina" on the house floor the anatomically correct word by the way is restricted indefinitely from being able to speak on the house floor again. I have to wonder what he would have thought if someone said pussy...

Anyway, this is America we have the right to free speech as long as it is not to insight a riot or hateful crime.  Legislators cannot be sued for their views on the house floor either, so they so be able to express themselves without prissy men slang also known as fussily and excessively respectable in this case a male trying to quiet women like Lisa Brown whether she is a women or a democratic for speaking her mind.

See full story at http://jezebel.com/5918493/female-legislator-who-dared-say-vagina-during-abortion-debate-banned-from-speaking-on-house-floor

Time covered it here: http://newsfeed.time.com/2012/06/15/watch-after-saying-vagina-a-woman-legislator-is-banned-from-speaking-on-house-floor/

Dear Mr. Majority Floor Leader Jim Stamas as a former service worker in the US Army and National Guard I appreciate your service there.  However, your behavior in this incident is deplorable perhaps you should plan on going back to flipping pizza in your parent's business where small town minds gather. (No offense to townee's of course, unless you voted for this guy); what happens on the house floor protects all state representatives from repercussion's such as you dished out; we can only wonder what your wife Marsha's life is like living with you, get a grip Ms. Brown was stating her view and you have no right to quiet women's voice's ever if you are going to hear a side be prepared for both or step down.

Freedom of expression - in particular, freedom of the press - guarantees popular participation in the decisions and actions of government, and popular participation is the essence of our democracy.
Corazon Aquino
Michigan has no democracy when it denies freedom of expression from it's own member's.

Concurrent Legislative & Judicial Power News » Vote for this!!

http://www.unionleader.com/article/20120503/NEWS06/120509947  

The above article appeared in the unionleader 5/3/12; "quotes from article appear in italics"

"Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be." Sydney J. Harris

After heated debates and angry constituents brought numerous complaints to legislators about items ruled on in and similar to cases like this one http://openjurist.org/831/f2d/362/witte-v-justices-of-new-hampshire-superior-court where the supreme court ruled in its own favor; and the lack of regulatory rule-making applied across the board in all New Hampshire Courts, the courts appear to have finally backed down a bit and have offer a reasonable solution "concurrent Legislative and Judicial Powers" to "regulate court administrative and procedural matters by statute."

The statute/law unless it violated the U.S. or N.H. Constitution; should of course win because the Court's do NOT make laws in this country the legislators do. Pro Se litigants (meaning they represent themselves because for most people lawyers are to expensive) can hardly make sense of the rules in most of these courts, moreover, they are not consistent from court to court and that is NOT EQUAL ACCESS TO THE LAW.

VOTERS: The "1978 constitutional amendment giving the Chief Justice of the Supreme Court unilateral authority to make rules governing the administration of all state courts and the “practice and procedure” to be followed in the courts." Is not working, they are more often incomprehensible and I am now a law student; the average person is not getting a fair hearing; because, the Chief Justice has failed to discharge his/her duty faithfully ensuring that all courts are run the same and consistently; and these duties/complaints have extended past merely processing cases.

The extent that our Courts are corrupt can seen by the number of people complaining; the lack of accessibility for instance compare the NH site http://www.courts.state.nh.us/ to say GA's http://www.gwinnettcourts.com/home.asp#home/ , you can find cases more easily and obtain records in similar matter to better research just for starters in GA who of course has its own problems; but, it gives litigants specifically Pro Se litigants better resources to work with.  Furthermore, in 2004, "the Court blocked the Attorney General's Office from issuing a voters' guide explaining the constitutional question." Again, not providing the citizens with information to make a reasonable choice.

The separation-of-powers doctrine was designed to limit the 3 branches of the government; each branches has defined powers to "check" the powers of the other branches. This idea was simply called "separation of powers" designed to prevent abuses endured under the crown of England; Britain still does not have strict separation of powers.

In America, the public has a right to accountability over their legislators, courts and the executive branches of its government, their dealings and their accounting of how they receive and spend our money.

I can not agree with Justice Lynn's statement that the Judicial branch would not have a leader or it would in some way separate the court system; the court system is not "unified" now, because, as he stated "each level of court made its own rules" clearly relaying there is no leader except possibly over the interpretation of the laws made by legislators; but, even that can be questioned when parents are not receiving information that a fact finder is relying on in determining the fate of their child; a decision make by the Supreme Court in Ross vs. Gadwah, one that the lower courts more often than not fail to recognize. And that litigants can hardly afford to have their cases appealed or understand the rules; and lawyers can not expect consistency in filing or application of the law across the board, and not because its misinterpreted as above it is often overlooked or blatantly ignored.

The COMPROMISE “concurrent power” with the legislative branch to regulate court issues by statute" if it clarifies: "In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule."  My fellow constituents “The majority practice around the country is in essence what the court has proposed,” and Justice Lynn concurs because the Justice department knows their reign of absolute control without oversight is over.

“There may have been misunderstanding historically” about the limits of judicial rule-making, said Hicks, “but it was before his time; here we should be very concerned, it is the judicial branch if not every branch that is suppose to understand the history behind how our laws developed in this country.

The U.S. constitution does obligated that the branches work together to balance each other out and avoid fraud; that's their job and the Judicial branch has finally had the conscience to do the right thing and represent the people, instead of their self-center control issues, as seen in thankfully retired Justice John Broderick and Justice Joseph Nadeau, who, of course oppose it.

Nixon's assertion that "Part 1 Article 35 of the constitution, being designed specifically to provide that the judges of the Supreme Court do not have to be and should not be unduly influenced by any outside forces, political, legislative or executive.” Is true only to the extent in the way the bill was originally introduced; the compromised bill proposal does not interfere with the Court's "decision" making power's; it in facts deals with "just" how they are run, when they are open, and consistent understandable and applicable rules across the board; something that if the Court and Legislators not all of whom are former Judges or Lawyers will be able to make plain so people can have equal access in obtaining justice from a Judicial System with only two-tiers and not three as in most other states.

To get this on the ballot in November, it has to pass the Senate by 3/5 majority so contact them now and tell them to pass it, as compromised!http://www.senate.gov/general/contact_information/senators_cfm.cfm  And in November be sure to read the wording carefully and repeal it if the compromise makes the ballot.

To hear other opinions from consitutents see: http://www.gencourt.state.nh.us/Senate/committees/committee_details.aspx?cc=S10 
"For in reason, all government without the consent of the governed is the very definition of slavery." Jonathan Swift

State Gives Limited Time for Recovery to NH Homeowners for Tax Relief DP-8

"If the people cannot trust their government to do the job for which it exists - to protect them and to promote their common welfare - all else is lost." BARACK OBAMA, speech, Aug. 28, 2006

Low and Moderate Households - Applications are ONLY being accepted from May 01, 2012 through June 30, 2012; unless you apply during that time you will not be entitled to a refund from the State.

Go to the Department of Revenue Administration: http://www.revenue.nh.gov/forms/low_mod_program.htm the form you want to fill out is DP-8 http://www.revenue.nh.gov/forms/documents/DP-8_SF1.pdf

Follow the instructions provided, keep hitting tab to get to the next box to fill in; it is set up to compute the entire application for you; it is only 3 pages long and 4 pages of instructions most of which will be computed for you as you go through the form.  Attach your 2011 federal income tax returns and the final 2011 property tax bill; this must be POSTMARKED NO EARLIER THAN 5/1/2012 and NO LATER THAN 6/30/12 for this refund.

Nothing to lose fill it out it might be enough for a fun activity; if you don't its very unclear what the government will use it for.  Next year google DP-8 around the same time of year.  The NH Government does not widely disperse information and does not automatically refund.

Sean's Story - A Father's Love

This is a story that would befit Plato's teachings "Let parents bequeath to their children not riches, but the spirit of reverence."

A parent divided from their Child, by another parent is intentional interference the parent child relationship and bond - parental alienation and its wrong; this father and son story shows that a parent's love for their child is finally fulfilled after 5 years of numerous trials and tribulations and it covers the Child's adjustments dealing with separation anxiety, and overcoming attachment disorders through therapy and love.  All understandably not an easy road, it is a road that a child and parent continue to build on in their lives together, always looking over their shoulder but, through it all helping other families bring their children home http://bringseanhome.org/.

A child who doesn't know why his father is not in his life, taken to another country and told someone else was his father. Whenever, he asked questions about his real Dad he was denied the real answers, and suppressed his longing to know so he wouldn't be disappointed never knowing his real father was doing everything possible to be in his life. 

This Dateline Story is filled with international suspense, adjustment, a parents determination to never stop fighting for their child and the child's view that it should have never taken as long as it did. Hear the full story by Dateline here
Check out this great MSN video: Preview: 'Sean's Story'

Happiness is in the simple act of children and parent's sharing time together.

In America, parental alienation is an ongoing epidemic directed at both mother's and father's and the courts do not always know what to do or instead hope the situation will correct itself; however, by not enforcing their own orders for visitation or responsibility with sanctions; the courts are hardly making a difference in the best of the child.  This case is a perfect example of what should be done to help children reunite with the estrange parent and work towards keeping a relationship with the alienating parent, it in facts chastises and corrects lower court decisions not promoting the influence of both parents in their children's lives.

Another Child's story is about how a Child should not be lead to feel that unsupervised visits with his mother will fail before they have even started, without a period to adjust McIntosh and McIntosh 226-2000-DM-00927. The father’s behaviors as contained in the court record and in GAL’s report are contrary to the findings in Miller v. Todd (March 31, 2011) where the NH Supreme Court raised the question of and sited the following:

"... whether Todd (like the Father, in the above Matter) has benefited from (his) misbehavior. In Begins v. Begins, 721 A.2d 469, 470-71 (Vt. 1998), the Children’s relationship with their Mother deteriorated following the parents’ separation due to the fact that the Father unfairly blamed her for … problems and made disparaging remarks about her … The trial court concluded that the boys’ hostility toward their Mother, encouraged and fueled by their Father, precluded an award of custody to Mother. Id. at 471. Although the court found that Father did not “deserve to win custody,” it concluded that it had no choice but to award custody to him. Id. (quotations omitted). The Vermont Supreme Court rejected such reasoning. Id. at 472. As the court stated: Although obviously well intended, the court’s decision effectively condoned a parent’s willful alienation of a Child from the other parent. Its ruling sends the unacceptable message that others might, with impunity, engage in similar misconduct. Left undisturbed, the court’s decision would nullify the principle that the best interests of the Child are furthered through a healthy and loving relationship with both parents. Id.; see Mack-Manley, 138 P.3d at 528 (trial court found Children’s best interests not served by ignoring … unsubstantiated Child abuse and neglect allegations); Young, 628 N.Y.S.2d at 963 (trial court’s decision noticeably silent as to … false allegations and it was clear the court failed to consider evidence that …. willfully interfered with a parent’s relationship with the Children)… Vacated and remanded. DALIANIS, C.J., and DUGGAN and CONBOY, JJ., concurred. "

Miller Vs. Todd Full Text here: https://docs.google.com/open?id=0ByTPLCn0VjpSSUZRa3lwRVFOeUU

Without preserving the parent/child relationship wherever possible the threat to the child's best interests is best highlighted as assessed by Oscar Wilde "Children begin by loving their parents: after a time they judge them; rarely, if ever, do they forgive them."

Points and Authorities in N.H. Family Law Cases

"If we knew what it was we were doing, it would not be called research, would it?" Albert Einstein

http://www.gencourt.state.nh.us/rsa/html/indexes/search.html type in your RSA and find the official details of the law.

NH Judicial Branch forms for family law matters; parties agree and file all to expedite;
http://www.courts.state.nh.us/superior/forms/forms.htm#civil_equity

http://www.nhd.uscourts.gov/oo/search.asp find rulings in a higher court than NH Supreme Court - States can only enhance your rights they can not take them away;

http://www.courts.state.nh.us/rules/sror/sror-h3-35.htm General NH rules on provisions for discovery;

http://www.gencourt.state.nh.us/legislation/ check on New Laws being worked on my legislators and plan to attend and voice your concerns;

http://definitions.uslegal.com/e/ex-post-facto-law/ you can not be charge when the law became effective after the act;

http://www.howtodothings.com/electronics/a1942-how-to-block-your-cell-phone-number.html for those for whom you do not want to have your phone number

http://www.whitehouse.gov/contact/write-or-call  appears to be an appropriate venue to further voice your concerns;

http://www.nhbar.org/publications/archives/display-news-issue.asp?id=1226 You never know, they often work through new laws and have helpful information for the Pro Se person the idea is to search;

http://www.judicialchildabuse.com/  This program has good insights into Stopping Judicial Child Abuse;

For those who mistakenly think all things on the Internet are a free for all check; http://www.publicdomainsherpa.com/cease-and-desist-letter.html

Great Article on your rights or the pubic right to access government information from the Florida Attorney Generals office;  http://www.myfloridalegal.com/sun.nsf/sunmanual/DABDAF419A85B75185256F94005BB88B

Understanding "Contempt of Court" in the Family Court Room and dispelling myth's
http://www.nhfamilylawblog.com/articles/parenting-rights-responsibilit/  this lawyers site has some great information in the Family Law Arena;

Write  a persuasive demand letter, argument, etc. start here:
http://www.nolo.com/legal-encyclopedia/write-winning-demand-letter-29858.html

Keep searching ... All the problems of the world could be settled easily if men were only willing to think. The trouble is that men very often resort to all sorts of devices in order not to think, because thinking is such hard work." Thomas J. Watson

Public Integrity lost on Infamous Attorney General Delaney

"The mission of the Attorney General's department is to serve the people of New Hampshire with diligence, independence and integrity by performing the constitutional, statutory and common law duties of the Attorney General as the State's chief legal officer and chief law enforcement officer, to seek to do justice in all prosecutions, to provide the State with legal representation and counsel of the highest quality, to protect the State's environment and the rights of its consumers, and to provide supervision and leadership of New Hampshire law enforcement." or so it states on their website http://doj.nh.gov/

In an article on 4/9/12; http://www.unionleader.com/article/20120409/NEWS06/704099953 By TED SIEFER
Where all reader conments have been deleted lends support to the following:
This article brings forth the notion that:

Our government... teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. Author: Justice Louis Dembitz Brandeis

Attorney General Michael Delaney of NH was quoted in the above article as "criticizing a recently established legislative committee for asking questions and demanding answers from his staff" the redress of grievance committee has been looking into NH Citizens complaints for almost 5 years now; and has been trying to restore public trust and confidence in our public institutions, by following up numerous on citizen complaints, a great majority against the Attorney General's office for covering up their employees fraudulent activities.

Delaney would like the public to believe that asking his office for some accountability is in and of itself a strain.  Over the last year, the impact the Redress of Grievance Committee has had, has been little to none on qualifying "the State's effort to protect the health and safety of New Hampshire's children,” because Delaney refuses to be and/or refuses to hold his departments accountable to the public he is suppose to serve.  This failure could be because his position is not that of  an elected official but an appointment by a NH Governor.  Therefore it is unlikely that he will act as AG Coakley of Massachusetts with a Public Integrity Division that addresses: "Corrupt public employees ....Crimes that have a corrosive or harmful effect on public confidence in our government and other trusted institutions, including such crimes as perjury and obstruction of justice." http://www.mass.gov/ago/bureaus/criminal/the-public-integrity-division-folder/ which is why the Redress of Grievance Committee has come into existence and has in the last year been given the power to demand answers, accountability and under the leadership of Speaker O'Brien restore public confidence in areas such as Delany's Division for Children, Youth and Families (DCYF).

Delaney is also quoted as writing his employees are prohibited from responding to allegations against them/their departments activities "due to strict confidentiality rules, which “are important to protect our children and ensure the integrity of our child protection system.” However, and perhaps redundantly it would rather mean that the "Prohibition" is in fact to cover up his departments activities. The House voted last month "to grant subpoena power to committees, with the approval of the Rules Committee and the House speaker. The move was prompted by the grievance committee's efforts to get information from DCYF."

The reference in this article to Delaney and Speaker O'Brien "disputes in recent years" attempts to gloss over the fact that this division is unaccountable to the public they are suppose to serve and and in fact a menace to the children in their care who have been put into the foster care system not for their own benefit; but to benefit drug studies with the State as their warden giving consent, and to collect federal money that when looked at under the NH RSA 169-C can be seen as a multi layering scheme now invested in a non-profit the "Children's Trust Fund":

[RSA 169-C:39-c repealed by 2010, 195:3, effective on the date that the New Hampshire Children's Trust certifies to the secretary of state, the state treasurer, and the director of the office of legislative services that the trust has been formed as a private New Hampshire voluntary corporation and has been qualified by the Internal Revenue Service as a section 501(c)(3) entity.]

    169-C:39-c New Hampshire Children's Trust Fund. – 

Most notably the attorney general's refusal to participate and respond, comes after the Federal Government performed Audits that show they are NOT IN COMPLIANCE WITH FEDERAL LAW see http://www.acf.hhs.gov/.

Delaney objects to qualifying an answer to  “Under what DCYF policy does it state slandering parents and family members is allowed in order to place a child in foster care?” Which perhaps word to create friction in affect means "What practices are in place so that CPSW's are not fabricating evidence to meet their goal of placement?"  The "substantial commitment of state legal resources" is used to cover up the fraudulent and/or knowingly malicious acts of individual actors within DCYF.  Instead of correcting the many complaints brought to his attention, Delaney continues to engage in rhetoric to keep closed door proceedings that only protect his workers and deny due process to the families and children of NH for ulterior intent.

Support your state legislators who get paid a $100 a year and are going out of their way to protect your interests; write to your congressional state representatives to give them added support in their efforts to demand accountability! https://writerep.house.gov/writerep/welcome.shtml

People often say that, in a democracy, decisions are made by a majority of the people. Of course, that is not true. Decisions are made by a majority of those who make themselves heard and who vote - a very different thing. Author: Walter H. Judd

 

2. Due Process - Fair Trials for Parents?

While I can hardly be on the same level as a practicing attorney; it would seem to be that the language enclosed in this document, number 5., in this series ref: 3/22/12 post. Means that the legislators choose specific wording to ensure parents rights; wording the the Judicial Branch in New Hampshire is refusing to acknowledge.

Motion to Reconsider:
https://docs.google.com/open?id=0ByTPLCn0VjpSZHFYV2VmYVRTeE9xaC12UXJYM2kzQQ

Due Process Clause / Bar Association Monopoly

QUESTION PRESENTED
Does the Due Process Clause of the New Hampshire Constitution (Part 1, Articles 2 and 15) require the appointment of counsel for an indigent parent-defendant from whom the State seeks to take custody of a minor child based on allegations of neglect or abuse?1.

This brief brought forward by the NEW HAMPSHIRE Bar Association (ABA) cover’s the vast amount of problems of Judicial Oppression against parents in NEW HAMPSHIRE (N.H.). It is one of the few briefs reviewed that is worth a full read amicus-brief.pdf.

In short, it covers the rights of individuals to Equal Access to Justice; something of which is currently being denied to litigants across the board by the N.H. Court system. and other court systems in the United States.  Furthermore, it fully describes the margin of error in not only abuse and neglect proceedings but in Child Custody proceedings in general; indicating that the risk of error inherent in the truth finding process is NOT the rare exception that the State would like the public to believe; Judges are NOT infallible, Social Workers certainly do not have that inner sense of what is right or wrong in their conduct or motives, that thing that impels one toward right action: action that dictates their conscience .

Furthermore, the ABA points out that even when the State did give counsel to indigent parent’s they were given incompetent Counsel as supported on page 7; the N.H. ABA in 2008 conducted a survey among the more than 8000 attorney’s in the State at the time for Court Improvement; the results show that this area of the law rank in the top 4 of legal areas that required high priority training topics.

Why was it ranked so high?

Speculation of the group consensus would have to included the facts: most attorney’s want to win for their client’s interests; closed door proceedings without access to case work of previous hearings gives Attorney’s no insight to the arsenal used against parents by the State; of further alarm in the State of N.H. is that this Bar Association requires all Attorney’s to be a member of the Bar at a minimal cost of $470.00 a year; not counting the fact that they have to take 12 hours of continuing legal education (CLE) a year at a minimal cost of $199.00 up per 6 credits depending on the content of the CLE. With this in mind you would think that the Bar would enhance their services by providing CLE’s that follow survey needs.

How many training course's in the Child Protection Act has the N.H. Bar conducted since the 2008 survey,directly relating to the needs of their clients, in this top 4 rated area of the law? NONE see NH Bar Catalog

What the brief does not describe and what trainings or lack of on the N.H. ABA site show, is that while they researched and documented the right to push and enforce people’s rights; the N.H. Bar has had NO substantial trainings to offset the closed door proceedings they advocate are in the best interests of the child.  Indicating that the ABA while requiring ALL Attorney’s to be a member to practice law; does not provide attorneys in these cases with the resources to be successful in this area of law, making it a monopoly; non unlike AT&T. 

This is a serious problem if the Bar Association's cannot and/or will not fully address the needs of the people/attorney's using their services should they be allowed to continue as a monopoly?

In the first instance the initial question was reviewed and decided without dissent by the House in 2006; affirming that legal counsel is a matter of right, at public expense to low income persons whose basic human needs are at stake. In America, States can only enhance not detract from the Federal Governments rights to the people. It is clear in reading this brief that, that is exactly what NEW HAMPSHIRE has and continues to do; with a Bar Association made up of Lawyers and Judges withour accountability; to the public they serve.

1.Consistent with the position set out in the parents' brief, the ABA addresses the question solely under New Hampshire law. See Brief of Larry M. and Sonia M. (Natural Parents of Christian M. and Alexander M.) (November 18, 2011) at 1 n. 1 ("Because the due process requirements of the State Constitution are at least as protective of individual liberties as those requirements of the 14th Amendment of the United States Constitution, consideration of the latter is not necessary"). See also In re Father, 155 N.H. 93, 95 (2007) ("We first address this issue under the State Constitution, and cite federal opinions for guidance only."); In re Shelby R., 148 N.H. 237,239 (2002); In re Tracy M, 137 N.H. 119, 122 (1993). amicus-brief.pdf

American Female Employees at Risk

This is America right? Women across the country should be concerned about how their rights are constantly being attacked by male legislators and/or like the Georgetown student not be given the opportunity to speak at a committee hearing on contraception! I do not side or advocate either side’s position Women vs. Men, Democrat vs. Republican, or even the right to choose abortion, but I do ask you to consider whether like men, women have the right to control their own minds and bodies on a case by case individual basis and not be deemed a “slut” by the likes of Russ Limbaugh http://veracitystew.com/2012/02/29/rush-limbaugh-calls-female-contraception-expert-a-slut-video/

Recently the public debate has come to contraception again, nothing new:

President Obama’s TruthTeam@BarackObama.com #1truth bite for last week centered around: Whether or not WOMEN'S HEALTH CAN BE "MORALLY OBJECTIONABLE" it states the following:

“Thursday, the Senate voted down a bill that would have allowed employers to deny women coverage for birth control and any (unnamed) "objectionable" medical service,… Senators Roy Blunt and Marco Rubio's amendment would have allowed any employer -- not religious institutions, because they are already exempt -- to make this call on behalf of their female employees. That means a woman's boss at a restaurant; retail store, law firm or anywhere would have control over what health care she could receive. After an hour during which he was on the record opposed to it, Mitt Romney said … "Of course I support that amendment." … And we can thank him for paving the way -- ….”

Griswold v. Connecticut, 381 U.S. 479 (1965), was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy, although this case has been deemed controversial, and there are accusations of "judicial activism" by many it is certainly not the standard we see today of judicial oppression.

The idea that a women has control over her body was furthered most notably in Roe v. Wade, 410 U.S. 113 (1973), another controversial case where the Court ruled that a woman's choice to have an abortion was protected as a private decision between her and her doctor. Here lies the dilemma if you believe abortion is murder, the preventable measure is contraception, although there are others that claim this is also a form of murder; the murder in this country and in particular several State’s including but certainly not limited to that of the “Live Free or Die” is that full term abortion is not murder if the doctor snips the spinal cord before the head leaves the birth canal; monitors and nurses have seen the effects on the unborn and seriously describe and recognize that, that is murder.

No matter what advocates for either side state; abortion has lingering side effects on the women who have the procedure; “95% of these women were not at all satisfied with their choice today.” (http://www.abortionfacts.com/reardon/statistics.asp) Simply making contraception available and resources to educate women and research women’s health could possibly aid in making abortion a thing of the past. However, until women’s rights are enforced, there are devastating life experiences that lead women to this extreme measure not the least of which is rape, incest, and the public mark of being a socially undesirable person as an unwed mother, still exist.

http://www.guttmacher.org/pubs/fb_contr_use.html This site has facts on contraception; ¼ receive care from a family planning clinic that is publicly funded. In light of the other care received at these facilities it is very small compared to their general health needs and deters abortion which can have a greater impact on public funds in the long run. As a community we need to keep up with the health of all our members; better health and insight can only lead to less public money on long term care of its members who can’t afford the rising insurance and medical costs going on in this country today.

There are fences that we must climb and there are fences that we must never cross; not empowering women with control of their own health and bodies is such a fence without women - men would cease to exist as well.

MOJO URGENT NOTICE New Legislation - Clarification? - Call/Write Reps. Now

The Public & Legislator's should ask some general questions to go with and/or add to the good intentions proposed in this bill for an Amendment to our New Hampshire Constitution:

1) We all want the courts to be administrated across the board in New Hampshire in the exact same manner, following the same rules, accepting all evidence from both sides and following the law; however, the Sponsors of this proposed bill assert, that the below will do that. However, it does not tell who would be doing this, if the Chief Justice is not.  This is a case of the devil you know versus the devil you don't.

2) Write your legislators and tell them to fill in the blanks/Amendment in its entirety! We want to know "who or what" will replace the Chief Justice to Administer the Courts? 

3) Anyone familiar with the Court Sytem in N.H. will agree  there is an excessive back log of cases that the Chief Justice needs to make sure moves through the systems, fairly, objectively and concisely. Lawyers are great lawyers when they relaize their limitations, when they do; they hire accountants, business mangers, financial advisors and expert wittnesses and other specialists as their case merits. 

The Point of this unfinished bill is to bring about needed change in the Judicial Branch in New Hampshire, to accomplish this we need to know:

1. Who or What will replace the Chief Justice?

This branch of our government can not meet its budget because it does not take measures in its  administration to do so; such as;

1. The rules varying from court to court;
2. The cost for a photocopy ranges from .10 cents up to a $1.00+ a page;
3. Bids are not being taking across the board for supplies, copies, or transcription services are limited;
4. There are no prohibitive measures in their orders, for family court cases  and others as such they are overloading the courts dockets; 

For example, if a family court actually fined individuals who didn't follow court orders including parents, and/or DCYF staff it would:

1. Help their budget
2. Deter bad behavior
3. Add vindication to the aggreived
4. Essentially clear their dockets - making a more effective court system that the public could rely on and believe in.  

Write the State Rep's below and add your own suggestions and/or incoporate the ones above; WE WANT FULL DISCLOSURE ON WHAT THIS CHANGE WILL MEAN.

To Contact your State Representative click here: http://www.gencourt.state.nh.us/house/members/memberlookup.aspx-House Roster

To Confirm the full text below click here: http://www.gencourt.state.nh.us/legislation/2012/CACR0026.html-Bill Text

To see the full text click yes here: