NH House investigating impeaching marital master
By: 03/16/11 4:01 PM
The Associated Press
The Associated Press
The House voted 242-105 Wednesday to adopt a resolution giving its Judiciary Committee power to conduct the investigation and report back to the House. Supporters argue a series of complaints against Master Phillip Cross merit the expense of investigating further.
Opponents said the allegations arise out of three contentious divorce proceedings and have been shown to be untrue or mischaracterizations.
Marital masters are officers of the court that handle family court cases.
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
Concerned Parent
The NH Judicial system is quite flawed and very harmful to families during those times it's failed to practice justice. These families, especially our children, are so very immeasurably harmed. This supposed form of justice is done under the guise of "the best interest" of the children...yet our children are harmed by this supposed "justice". Here are a few examples of the "justice" in which I speak:
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....$$$$$$$
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....$$$$$$$
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Mike Puiia
Sadly, the senior leadership of the judiciary in New Hampshire
"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.
"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.
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Disgusted lawyer
Having recently ventured into a domestic relations case in NH as counsel for a father whose visitation with his 12 year old daughter was terminated based on a GAL's ex-parte motion to "Suspend Parenting Time", I am appalled at the flagrant abuses, procedural violations, self-serving presumptions, lack of evidentiary standards and punitive rulings meted out to those who attempt to get judges and GAL's to toe the line. This father and daughter have not seen each other for over a year and a half. We have filed an appeal with the NH Supreme Court. Will they just do what some commentators have accused them of, simply sweep these offenses under the rug? The GAL in this case has billed over $21,000.00. The mercenary "therapists" and psycho tools just kick the can down the road and seem to be more concerned about generating fees (tens of thousands of dollars). The bottom line for my client is that he is 100% squeaky clean, no findings or credible charges of abuse or neglect have ever been made against him (just the subtle innuendoes that have no evidentiary support). And, after 18 months of separation between father and daughter, no one gives a rap. This daughter will be 14 years old soon, and the mother, with the consistent connivance of the GAL, has managed to impose her vendetta against her ex-husband.
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David Johnson
Contact Representative Paul Ingbretson, Chairman of the House Redress Committee. The JCC is a sham operation. It exists in name only. They can and will do nothing about anything, obviously.
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!
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!
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MikePuiia
Disgusted Lawyer, I am an investigator who has focused on GAL issues in NH for the past 5 years. I assure you any communications would be held absolutely confidential. I know I would be very helpful in your case and for your client based on the detailed records and information I have from investigating GAL records and trial and supreme court appeals involving GALs.
Please consider contacting me off line (Mike Puiia Forensic Investigation and Trial Consultancy: info@mpfitc.com)
Please consider contacting me off line (Mike Puiia Forensic Investigation and Trial Consultancy: info@mpfitc.com)
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jeffoligny
NH along with many states have overreached their authority by delving deep into family matters under the infamous and subjective "best interests standard". Courts rortinley seperate parents from children and promote family conflict, not cooperation. NH courts lack accountability and the other branches of government are required to provide checks and balances, they are not. Consequently, left to their own devices, the courts have built a system to grow the "business" of litigation whereby citizens are routinley denied justice. All this litigation costs the taxpayer considerably and THAT is why the courts have budget problems. Judicial accountability has been lacking for a long time with the ineffective Judicial Conduct Committee and Supreme Courts who routinley refuse to hear cases and rely solely on the lower courts to hear the merits of cases. This is just the beginning to a new meaning of the term "judicial accountability" for NH.
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David Johnson
The Democrats are actually defending Cross!!
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PCLEMSC
The Commission on NH Courts, created by Chief Justice John Broderick, held "Listening Sessions" to take public input at eleven locations around the state. Sessions were held twice a day, for a total of twenty two sessions. At the Manchester hearing, Broderick was forced to agree that most of the complaints were about the family court. In fact, complaints about the family court exceeded complaints about all other courts, COMBINED, by three to one. So, the argument by those opposed to the impeachment proceeding on Master Phil Cross, that this is just about three divorce cases, is specious. Unfortunately,
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.
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.
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Mike Puiia
I am the leading expert in New Hampshire
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.
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.
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Mike Puiia
The Judicial Conduct Committee is New Hampshire's only available avenue of redress against a law violating judge or marital master prior to seeking involvement of the legislature.
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
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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
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David Johnson
It's important to inform the public that the comments posted: "Opponents said the allegations arise out of three contentious divorce proceedings and have been shown to be untrue or mischaracterizations." are absolutely false, misleading propaganda to deceive the readers. None of the charges brought forward by the victims of Marital Master Cross are "untrue or mischaracterizations."
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.
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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.
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Retired_LE_Officer
I am a retired federal law enforcement officer with over thirty three years of service to our country on the front lines during both wartime and peacetime. I retired from U.S. Customs and Border Protection, Dept. of Homeland Security in 2004. In all my long years as a federal law enforcement officer I have never seen, nor even imagined, as lawless an environment as the Portsmouth Family Division under Master Cross's dictatorial, unconstitutional and abusive rule. I write in support of HR7, a bill to investigate whether there are grounds to impeach Marital Master Phillip Cross.
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.
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.
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mother4justice
I am waiting patiently for the day "Master Cross" is removed from the court system. This is the man who, Without asking one question of the mother of a 6 yr old little boy, decides to allow the estranged father to take him to a country which does not abide by the Hague
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.
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.
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David Vandenberg
Marital Master Cross is just one example of a family-court system throughout the country that has been abandoned by the judiciary. We hear repeatedly that our legal system is the envy of the world, but the legal standards that are touted as being examples of our freedoms: the assumption of innocence until proven guilty; due process, including the ability to present evidence and rulings to be based on evidence; the rule of law, the foundation of our freedom from the tyranny; these are all suspended in family court. Master Cross is just one of hundreds of judges or judicial referees who have been trained and have exercised their "judicial discretion," code for ignoring our constitutional guarantees. I do not know Master Cross, but I do know the many judges I have appeared before and seen operate in other cases. I have seen abuses against citizens and myself that I conceived of as pure fiction, having read of them in Kafka and Lewis Carroll's Alice in Wonderland, but was amazed to see these dizzying denials of basic rights in real life. I am enormously relieved that some people in positions of authority, in the NH House, have finally taken it upon themselves to bring these everyday abuses to light and to do something to restore reason to family courts.
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Michelle W.
This is a great day for the families involved and for future families. How overwhelming the emotions must be. Happiness that there is a committee that is going to conduct an investigation, sadness for the families that had to suffer, and anger that families had to suffer needlessly. All these families have suffered emotional and financial losses due to the inappropriate and unjust actions of the Court. Something has got to be done to correct this situation so it doesn't get worse for future families. No matter what job you hold everyone should be accountable for their actions or inactions. I have witnessed and endured first hand the damage that Master Cross has caused over the years. All it takes to cause suffering is one stroke of the pen. It is like that saying "the pen is mightier than the sword."
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Therapist_and_Mother
I share my viewpoints as a therapist with decades of experience and also as a mother and grandmother who has been irreparably harmed by longstanding maladministration of court rules and violations of the law by Marital Master Philip Cross. It would take many hours to fully explain how drastically Master
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.
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.
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Cpsvictim
It looks like there is possibility of meaningful reform
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Testeddad
Family courts in California New Hampshire
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unhappygrammy
Oh, I forgot about Judge LaFrancois. The Judge who refused to give a mother back her children after she was proven innocent in criminal court and the charges were dropped. She is just one of the parent's in NH he has proven his bias too. There are plenty more!
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unhappygrammy
In NH we also have Judge Leary, who removes children after perjury is committed by DCYF lawyer's in court, WITHOUT proof. We have newborn's stolen after DCYF worker's admit they didn't investigate before filing for custody. We have newborn's stolen after the mother is given morphine in labor and it spill's into the baby.We have newborn's stolen for "Anticipated" neglect in the future. We have parent's denied the right to present evidence proving innocence. Judge Leary goes along with all of it, including innocent grandparent's who aren't even allowed into court to defend themselves. We have Judge Tenney who order's parent's into programs that don't exist in NH, setting up the parent to fail. We have Judge Bamberger who hates you to begin with and rules against you every time, proving a conflict of interest. We have former Judge Cloutier, who is suing the state for a larger pension. The same Judge who writes fabrication's in his Parental rights termination's, totally opposite of the testimony and proof given in court. We have the Supreme Court who never reverse TPR's and goes along with Judge Cloutier's lies, stating he made NO error's. We have Judge Patten, who terminates fictitious mens right's, knowing they are the wrong men and denying the REAL father's paternity test's and custody. And again, Judge Patten who grant's a child's name change after the child has been in a foster home four week's.
So tell me New Hampshire doesn't have a problem?
So tell me New Hampshire doesn't have a problem?
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unhappygrammy
Was my comment too honest to post? Was I NOT supposed to name the other crooked Judges in New Hampshire
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David Johnson
Post it again and state the facts.
The impeachment of Cross is just a start. If you look into Marital Master David Forrest’s record, you will see that he too has a track record in alienating children from their parents and making decisions that are biased. I am so disgusted by the family court system in NH that I have taken it upon myself to write a blog (http://unethicalattorney.blogspot.com/). I use actual examples of what has happened to me and how my two children who are now seven and eleven were alienated from me due to incompetency of the NH Family Court system.
ReplyDeleteI have heard it said over and over again that impeachment of Cross and other Marital Masters in NH is just about a few angry individuals that didn’t like the outcome of their divorces. Why is it when you disagree with something that is wrong you are labeled an angry person? Was George Washington and all of our four fathers just angry individuals that decided to rebel for no reason? What if our four fathers just ignored their civic obligations because someone told them they were just angry people?
The truth is, it is more then just a few angry individuals and the problems with the NH Family Courts as well as other family courts are real. Reading the comments posted here shows just how deep the problem runs.
The comments stating the opposition to the Cross impeachment claimed it was about contentious divorces and that the "allegations were proven untrue and misrepresentations." After many hours of observation in these complaint hearings, I'll explain simply that Master Cross' supporters are none other than his affiliates and colleagues. In English, his buddies are lying for him. Representative Lucy Weber and NH Supreme Court Counsel Howard Zibbel were the ones who misrepresented the facts. Listening to them speak is like knowing that it's dark outside and they're telling everyone it's daylight. The House split along party lines. The huge government Democrats rely upon the activism of the Judiciary.
ReplyDeleteThe biggest problem as I see it is that the Judges and Marital Masters have too much power and discretion in family courts as well as in the civil courts. In a criminal court the burden of proof is “Proof beyond reasonable doubt.” In the civil and family courts the burden is the “Preponderance of evidence.” The term preponderance of evidence has in recent years translated into who has the best story and who can lie the best. I know from experiences. My ex-wife told Master David Forrest she paid for my college loans. I stated that she didn’t and that president Clinton thanks to a grant and myself paid for my college. Forrest being incompetent believed my ex. My ex submitted no proof. Just a story. Funny thing but several months after the divorce, I found my paperwork showing just what I had testified to. I hope that someday my children want to know the real truth about what happened in my divorce. When they are old enough I will not hesitate to give them the paperwork I have in storage. If they start reading the documents that I have, they will see just how much their mother lied about their father. They will also become educated about how screwed up our legal system really is.
ReplyDeleteSo after reading all the comments I guess my question would be as I go before master Alice Love once again to not have my side heard is all hope lost will I loose my daughter to a father who is unstable and on drugs
ReplyDeleteGM: I have been in front of Master Cross several times, I have been in Portsmouth Family Court for my case 24 times. Prior before Philip Cross we faced Harriet Fisherman who got benched from releasing children to a kidnapping parent that took the children outside the US to a country that had no Hague Convention Laws. My ex=wife is from a different country has only been here 7 years. She got caught on 3 different accounts of child abuse by Master Cross. She had left bruises and burn marks on the child, which is my son. The Ex-boyfriend came in and testified stating he witness her locking the child in the basement. Also Exhibited was the fact she got caught on welfare fraud, she owns property internationally , takes yearly vacations and just recently returned with breast implants while on full welfare benefits including section 8 Gosling Meadows where she was caught on fraud by high end lawyers Shaheen. I recently stated to the court they can hang downtown Portsmouth before I pay into this chaos that makes no sense what so ever. My son should have been taken away from the mother on a permit bases after her ex-boyfriend stated on the stand that the child was repeated lock in a dark basement. Philip Cross did however put some restrictions on the mother by not allowing her to leave the child with any other then the father, the child must be with the father only. They took the child away at one point time for 30 days only when he was physically abused by her. I have no room for abusive parents female or male. The very problem with this state in the family court system is that is a business with DHHS child support. There are many groups that support even the most abusive and neglectful mothers regardless of there wrong doing due from the money of supportive groups and directors that run them. Once you look at the NH Family Courts as a business then you will start to understand why they are bias in the positions. I do not pay child support anymore which was suspended because I proved the mother was in fraud with welfare. It took 120,000.00 of top lawyer to do so which should have been seen clearly before but over looked. It sad because the children suffer from one wrong parent, the courts are so money broke and over run they go with the flow and fill there interest with the DHHS money. Its the judges , but worse its the system. In my opinion all judges should have to be phycologist rather then ex-lawyers that will only lean towards the money rather then the truth.
ReplyDeleteModern Faces of Racism by the Elite of New Hampshire
ReplyDeleteThese are actual quotes from court documents of a 2003 divorce by the NH Judicial Branch. Notice who is the current Chief Justice. I was falsely arrested by the AG after I tried to sue the State for the Title IV Civil Rights violation. (Unlawful Court Ordered Racial Segregation in Education)
“In . .’s best interest I recommend that he attend the Burnham School in Haverhill (MA)….Furthermore, the issue of diversity is real. . . would likely find it lonely being the only Black child in a school in NH. He has a rich Black Heritage of which to be proud. He can share with and learn from other children of his color and it can enhance his growing up years in numerous ways. In Haverhill (MA), he has that opportunity far more that it exists in NH.” –Patricia Frim, Esq., Court Appointed Guardian ad Litem, 07/14/03
“Ultimately, the court finds that the most important factors are diversity and crime. Given the information presented on the issue of diversity...the Court concludes that the Burnham school in Haverhill (MA) would be the more appropriate placement for . .”- Marital Master Harriet J. Fishman Case No. 02-M-0032 (Approved Judge Gerald Taube). 08/05/03
“No appeal, however, is declined except by unanimous vote of the court with at least three justices participating. No justice who considered this matter voted to accept this appeal. Accordingly, the appeal was declined. If any justice who considered this matter believed the appeal should have been accepted, this case would have been scheduled for briefing. Declined. Brock, C.J., and Broderick, Nadeau, Dalianis and Duggan, JJ., concurred. Case No. 03-0640, (Declining to hear appeal of Case 02-M-0032), 11/21/03) NH Justices denied the respondent’s appeal without opinion.
“District Attorney Jonathan Blodgett offered assistance to Haverhill from the federal and state law enforcement agencies in fight local gangs. In Haverhill, there have been a lot of shootings since August, with most of the activity in the Arlington Street and Acre neighborhoods. Some residents who have been asking for help since the beginning of the year, have become so frustrated that they are moving out.” By Taylor Armerding, “The correct response: How soon can the FBI be here?, Lawrence Eagle Tribune-2005
FACTS
Racial Imbalance-the condition of a public school in which more than 50% of the pupils attending are non-white. - Mass. Gen. Law. Chap. 71 § 37D. Minority Student Enrollment-Burnham School-62% . The 2000-2003, Haverhill Public Schools among the “below average” performing school systems in the Commonwealth. MCAS test, 76.9% of the African American students and 83.9% of the Hispanic American students in Haverhill scored in the “Needs Improvement” and “Warning/Failing” categories.- -Mass Dept of Ed-Haverhill Exam Report, 2004. Haverhill Public Schools, “Persistent Failure to meet Adequate Yearly Progress” MA Dept of Ed Report, 2004. “The 29 lowest-scoring elementary school districts include Boston, Haverhill, Holyoke, Lawrence, Lowell….” Executive Dept., 2005
“Title I facilitator” (poverty rate of at least 40 percent) to provide educational services to students who are educationally disadvantaged, low academic achievement or are at risk of failing to meet state standards. U.S. Dept of Ed- (Low Income 58.7%-Burnham School) De Facto residential segregation, “High Hispanic population,”-Patricia Frim, Esq., 2003 “Crime rates in Haverhill are among the highest in Massachusetts cities, surpassing Lawrence in every category and even showing that city residents and businesses are the most susceptible to burglary of any major city in the state.” Lawrence-Eagle Tribune.