The Associated Press
Read more at the Washington Examiner: http://washingtonexaminer.com/news/2011/03/nh-house-investigating-impeaching-marital-master#comments-header-anchor#ixzz1I0whj5jN
READER COMMENTS FROM THE WASHINGTON EXAMINER
1) parents being adjudicated via false allegations of abuse/neglect
2) children removed from their family because of false allegations of abuse/neglect or because there could possibly be a future potential of abuse/neglect
2b) exculpatory evidence not allowed into the family judical branch that could clear the parent of the allegations including medical records, family and other witness testimony, test results, etc.
2c) children not returned to the family even after the allegations are proven false/dismissed
3) the interest of the family judicial branch: A family division judge told a lawyer who recited part of the US Constitutio "Don't ever bring THAT up in my courtroom ever again!
4) The family division allowing children to be so very traumatized and devastated by being removed from the family which results in the child acting out. The family division in conjunction with the family judicial branch doesn't allow the child to see the family and places the child on sedating medications to prevent such outbursts and inappropriate behavior....Hey, maybe if the medications impair the child's thinking to the point where he forgets his name and his family, maybe he'll adjust to his "new name" and to his "new family" that was created especially for profit courteousy of the family "division" in conjunction with the family judicial branch~
5) Here's an example of the treatment by the family division of a mentally ill child taken into the "system" under the pretense of the child supposedly being a safe and normal healthy child without any mental illnesss: The family division paints the child as a perfectly healthy child with no mental illness who is not a threat to himself nor to the community and allegations were also made that the parent made up the child's unsafe and aggressive behaviors. The family division makes a future prediction of potential for harm that would be done if the child was to receive any therapy for treatment of mental illness, as the system claimed that this child was free of mental illness. The exculpatory evidence in the form of the child's hospital records was not presented until approximately 10 months into the adjudicatory hearing. The hospital records were the basis of the claim of the family division that the child was free of mental illness, yet these same hospital records contained information about this same child demonstrating poor boundaries, poor anger management, physical aggression..... including an incidence of this child sexually assaulting another child during his inpatient stay.....this sexual assault happened only a few weeks prior to the family division taking this child into protective custody and stating that the parent made up the child's behaviors? And while the family judicial branch continued to adjudicate the parent during approximately 1 year, the family division was simultaneously collecting social security disability monies for that same child....as that same child was determined as mentally ill and mentally disabled by social security during his 3-4 month hospital stay! Not only did the family division fail to notify the rest of the family and the family friends to see if the child could be placed with them, the family division stated to social security that the parent, the rest of the family and the family friends had no interest in the child. The family division also wrote a motion for a restraining order to prevent the child from receiving special needs testing and testing to rule out mental illness....The family division claimed that such testing was not in the best interest of the child! The family court judge adjudicates this case for approximately a year via our taxpayors' moniess.....And there is also the jingling of the monies in the pockets of the several thousands of social security monies DHHS and the foster families collected from the government for this child while DHHS stalled his medical testing (which was done several months later and came out positive for learning needs and for mental illness)....By the way, the judicial system and the family division also failed to inform the parent that there was an adjudication of this same child while in state custody...the police were pressing charges against this supposedly healthy, safe and normal 6 yr old without any aggressive behaviors during his stay in protective custody. Gee, I wonder what this perfectly normal healthy child who's no threat to the community did this time.....maybe we'll never know as records can be wiped clean in NH.....The sound of NH Justice.....Zhhhhhaaaa-Zhhhing....$$$$$$$
"At issue is a 25-page report released Friday by Attorney General Philip McLaughlin that not only detailed Thayer's transgressions, but also accused the entire court [New Hampshire Supreme Court] of ethics violations."
"When told a judicial conduct panel was about to get a memo about the incidents, Thayer said if that happened, 'It's over for me.' Later, he said, 'We all do it. We can either hang together on this or hang separately.'"
"State Rep. David Welch, chairman of the House Criminal Justice and Public Safety Committee, called Brock's defense a "counterattack" instead of an acknowledgment of problems at the Supreme Court.
'The shortest way to sum it up is he doesn't get it,' said Welch, a Kingston Republican."
"Lawmakers say the comments reveal an arrogant and cavalier attitude by the court toward justice.’If this is true, this is institutional. If you have a judge who says it's not a big deal, that bothers me,' said state Sen. Mary Brown, who would, as a senator, sit in judgment of any judges impeached by the House.
Deputy House Speaker Donnalee Lozeau, who has worked closely with the judicial branch during her legislative career, said she felt betrayed. 'We all have an obligation to the public's trust and nobody's above the law,' she said."
(All quotes taken from an article entitled "New Hampshire High Court in Crisis, Removal Proceedings Loom", The PEW Center on the States, Norma Love, April 5, 2000)
Because the many senior members of the judiciary failed to learn from what former Chief Justice Broderick recently labeled "very dark times" (commenting on the Supreme Court Crisis in 2000) within the judiciary, our children, families, towns, cities, legislators and taxpayers are once again paying an extreme and unnecessary price for an above-the-law mentality of some powerful figures within the judiciary, unified bar and Judicial Conduct Committee.
Administrative Judge of the Family Court Edwin Kelly should resign and/or face possible impeachment in the most recent violations of public trust and faith. The Judicial Conduct Committee should once again come under the scrutiny and care of the legislature (like it did not 2000) and the Chief Justice of the Supreme Court of New Hampshire--who is the administrative judge of all the courts and judges in New Hampshire--should resign and/or face possible impeachment.
The Redress Committee was started MOSTLY because of the incompetence and filthy corruption that everyone complained about.
Keep an eye out here! I'm going to add more about what our Judicial Branch is REALLY all about!
Please consider contacting me off line (Mike Puiia Forensic Investigation and Trial Consultancy: firstname.lastname@example.org)
the Commission, and it's creator, totally ignored the public complaints. Administrative judge of the family court, Ed. Kelly, was quite adamant about including recommendations to remedy the complaints about his family courts in the Commission's final report. Were it not for the protestations of this writer, the public input would not even have been tabulated. As it is, those complaints were totally ignored.
As mentioned above, the Committee on Judicial Conduct is worse than worthless. They act as if their mandate was to protect miscreant judges and masters.
Even the Legal industry professionals, in a report produced just a few years ago, gave low grades to the NH court system.
So, why, one might ask, are the NH courts held in such disrespect? It could be the money! The courts get paid (millions) by the child support collection industry of DHHS. That's a blatant conflict of interest. One complaint to the Committee on Judicial Conduct outlined 15 separate violations of the Judicial code of ethics. It's also a violation of state bribery statutes; two felonies and three misdemeanor counts.
One would think judges would be aware of those violations, but money has a way of blinding people to injustice.
Fortunately, the NH Constitution provides a means for citizens to circumvent a corrupt court system, and hold officials to account. The impeachment of Marital Master Cross is just the first step in the house-cleaning that the courts desperately need.
It is factually supported by evidence and interviews that over 25 litigants are prepared to offer testimony against Philip Cross for violations of their Constitutional Rights including very basic due process violations. The investigation will reveal many others who are victims of Master Cross that some senior members of the judiciary and judicial conduct committee have, to date, kept from general public knowledge.
The abuses perpetrated by Philip Cross and allowed/not addressed by the judiciary (including Judge Kelly and Chief Justice Dalianis) will have significant impact on the leadership of the judiciary and in the end, will serve to protect children and families from what has become in many ways a cronyistic and self-protective judiciary, unified bar and judicial conduct committee.
In 2009 the JCC dismissed 99% of grievances against judges and masters prior to holding any full investigations (see “Judges Conduct Tough to Challenge—Dismissal Rates: Judicial Conduct Committee has Dismissed More Than 9 of 10 Grievances each of Last Three Years” Union Leader, March 14, 2010).
In 2008 the JCC dismissed 97% of grievances against judges and masters prior to holding any full investigation. (Id.)
It is extremely rare for an attorney to speak out about judicial abuses and the self-protective nature of the judiciary in New Hampshire, however, one intrepid attorney stated:
“Rejecting so many grievances in the last few years ‘would suggest that there is no recourse to the citizens of New Hampshire when they have a valid concern about a judge violating an ethical rule’ Stearns wrote [Katherine Stearns (Esq)]” (Id.)
Interestingly, the Supreme Court and the unified Bar (which is ultimately largely controlled by the judiciary and membership is mandatory by Court Rules/law) appoint the majority of the members of the JCC--almost all of whom are judges, lawyers and judiciary related professionals.
Because the JCC has dismissed 99% of grievances against judges and masters, it is clear that the legislature needs to intervene and they are constitutionally empowered to do so.
The question looms from the "dark times" experienced by the judiciary in 2000: Why has the judiciary and JCC refused to reasonably police judges and masters and who needs to be fired, impeached, retrained, demoted, promoted, hired from other states to fix our significantly broken cronyistic system
The abuses by Cross are reprehensible, repetitive violations of the rights to due process of the litigants, reckless disregard for shocking and critical evidence, misrepresentation of evidence, refusing to allow the reports of the NH DCYF and the NH Dept. of HHS Ombudsman which contain proof that he harmed the health of a young child, conspired with Judge Lucinda Sadler to commit fraud as he illegally held a hearing for the elements of criminal contempt while misrepresenting the procedure as a hearing for the elements of civil contempt. He changed and modified the custodial arrangement for the child several times without allowing for evidentiary hearings, therefor ruining the child's placement in her school.
He harmed the health of the child as he chose to ignore her Primary Care Physician's attempts to rescue her from the abusive mother by testifying 4 times. He harmed the safety and mental health of the child as he chose to ignore her Psychologist's attempts to rescue her from the abusive mother by testifying 2 times. He held several "status" hearings which were really custody hearings in disguise. He held evidentiary hearings less than 10 days from the dates of origination of the pleadings, therefor eliminating the opposing litigant's opportunity to prepare rebuttal. He conspired with a supervising Judge and helped jail a litigant with 65% of the custody, and in his own handwriting, the same income as the mother, for the illegal child support order and it's bogus requirement for the father to pay child support, in violation of the law requiring child support to be paid to him by the mother.
He refused to appoint a Guardian Ad litem, despite requests for one to investigate the abuses committed against the child. He wrote an order for the father NOT to take the child out of school early, then found the father in contempt for NOT taking the child out of school early for no valid reason. He ordered the sale of the child's home, putting the child out in the street, to pay alleged arrearage to the mother who had 35 percent of the custody. He helped jail the same father for the same sick reason, putting the father and the child back on the street as they lost their second home because the father spent 10 weeks in jail.
He allowed the mother's lawyer, Jon Ross to lie about the medical condition of the child and her father AFTER he read the medical report showing it was the mother who was hurting the child. After Ross was forced to withdraw from the case for lying in collaboration with the abusive mother, he apologized to the mother for learning that she lost her counsel.
He gave total medical decision authority to the mother after she caused and neglected several health problems for the child AND after several of the child's health care providers told her to stop terminating the child's medication, and after the child's PCP came to court several times to get the child away from the mother.
He ignored the fact that the mother accused the father of molestation twice within 24 hours of his motion for custody, as the father was instructed by to do so by the child's doctor. He ignored the fact that the mother kept the child out of school to prevent the father from getting the child after the illegal jail time, the contempt charge filed by the father, and the documented history, so he could change custody WITHOUT any reason and without an evidentiary hearing.
He ordered the mother to fire the child's therapists each and every time they told the court that he and the mother were hurting the child. He ordered the mother to fire the new health care providers after they put the child back on her medication after the mother caused more infections by terminating the medication in the first place.
He was actually bold enough to forge and alter documents that were already signed by the litigants, who were State Representatives! Probably the most convincing reason for our House Judiciary Committee to vote to open the impeachment investigation is because in Master Cross' defense, Judge Kelly admitted that it's no big deal and that it happens all the time.
These are but a tiny fraction of the abuses by Master Cross and the incompetent Judges who rubber-stamp his recommendations. The other problem in the New Hampshire Family Division to be demonstrated is that it's Administrative Director, Judge Ed Kelly, not only ignores the copious amounts of complaints about the widespread abuses by his Judges, he is politically inept and politically suicidal enough to defend them.
To compound this serious travesty of Justice, Judge Kelly's Family Division, after an investigation, generated three times as many complaints as ALL other Courts COMBINED. He's red inking the Judicial Budget to death. The Court workers are getting forced to take unpaid days off every month and people are being denied access to justice because the Family Court Judges and Marital Masters have NO REGARD for the law, the Constitution, public policy, State Guidelines, or even the Court's own rules. Google NH Family Court Rule 1.2 which is "Waiver of Rules" which means NO RULES.
Eventually the Democrats might wake up and stop sticking up for these usurpers and stop perpetuating all the policies that got them thrown out of office in our Legislature. The last election put a 3 to 1 majority of Republicans in office (300 to 100) after the previous Legislative Democrat majority, yet they STILL keep thinking that if they continuously try the same thing over and over that they'll get different results each time. Case in point: The Democrats who defend these abuses say "Opponents said the allegations arise out of three contentious divorce proceedings and have been shown to be untrue or mischaracterizations." The Courts, and the Democrats are LYING to the public, and they hurt families.
As the other writer stated, Judge Kelly ALSO needs to be impeached. In my opinion, as you should agree after reading this piece of the case against Cross, Judge Ed Kelly has disgraced his position as a Judge and an Administrative Director of of the Family Division. Also, one thing is perfectly clear: The New Hampshire Supreme Court shares full responsibility for allowing this. They ARE aware of it. They DO uphold the abusive rulings. They are part of why, during the Democrat control over the House, Senate, and Governor's office. the PEW Survey Group rated the government of New Hampshire at 50th in the nation. That's below EVERYONE.
It is my sincere hope and prayer for innocent children and families in our state that the legislature intervenes to stop the horribly destructive human and civil rights abuses that occur regularly at the Portsmouth Family Division by Marital Master Phillip Cross.
Master Cross's actions and rulings that are direct and extreme violations of the New Hampshire Constitution, the U.S. Constitution, established court rules, our rights to due process under the law, our civil rights, Case Law established by the Supreme Court and the Code of Judicial Conduct.
The JCC, Administrative Judge of the Family Court and the Supreme Court have continually refused to protect the public from unconstitutional violations of our laws by Master Cross and continue to only try to protect him and themselves as if they feel they are above the law. The legislature is the only and last
option left for "we the people" for protection from Master Cross. The Judiciary has failed to protect citizens and police it's ranks. The legislature is the check and balance and is constitutionally empowered to do just that.
Master Cross findings were based solely on the words of the father's attorney. Unfortunately, most of those words were untrue, but not investigated by the court. I guess it takes too much time and money to actually find out the truth.
Cross has injured our family over the four plus years we have been in his court and also to explain the cases from other families we've found that have been similarly harmed. Thank you to the intrepid women and men of the legislature who voted to investigate marital master Philip Cross.
So tell me New Hampshire doesn't have a problem?