By Ralph Holder
Where do the NH Legislators stand on reforming the judicial system to force judges and justices to face strict accountability when they knowingly violate a person’s rights under the law, the Constitution, the Judicial Canons and U.S. Supreme Court precedent?
As President of the United States would you support a Constitutional Amendment mandating accountability and stripping a State and Federal judicial official of all immunity if they knowingly and willingly violated a person’s rights under the Civil Rights law, the Constitution, Judicial Canons and U.S. Supreme Court precedent because of the person’s race and/or skin color?
Judicial “errors” are supposed to be corrected through an appeal, but for their part, the NH Supreme Court Justices made quite plain: they were more interested in protecting the authority of the court of separating a Black father from his son than by following the goals of the Domestic Relations Laws and other well established prohibitions against racial discrimination.. Like paying high taxes for the Sanborn Regional School District that his son was not allowed to attend due to his “race and skin color”, Holder paid for an appeal of his case that never materialized because the Justices abused their official positions and discretion.
“Race is never used as a determining factor in a custody decision. Absolutely not. This is the United States of America”, said NH Family Court Administrative Judge Edwin Kelly-”The Wire, 5-9 Nov. 2005
“In A.J’s best interest I recommend that he attend the Burnham School in Haverhill (MA)… .Furthermore, the issue of diversity is real. A. J. 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
“As it relates to custody, the last question to be decided is what should A.J. attend first grade and who should be the parent with whom Andre resides for school placement purposes. On page 10 and 11 of her report, the Guardian ad Litem outlines the differences in the two school systems: each has its positives and negative qualities. 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 A.J.”- Marital Master Harriet J. Fishman- Case No. 02-M-0032 (Approved Judge Gerald Taube). 08/05/03 (Ruling was contrary to the facts, evidence and testimony and Diversity is more than just skin color).
“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) (No opinion published (intentionally) to hide the denial of equal educational opportunity from public and legislative scrutiny and prevent a high appeal)
The NH Revised Statutes authorizes the Chief Law Enforcement Officer to investigate and file suit to vindicate the rights of NH residents. This did not occur in Holder’s case. The public has a right to know why then State Attorney General Kelly Ayotte allowed and defended the Judicial officials involved for their role in the judicial racism when they plainly broke State Domestic Relations law, Federal civil rights laws, both State and Federal Constitutions, Judicial Canon of Ethics and U.S. Supreme Court precedent. To add insult to injury, Governor Maggie Hassan elevated the arrogant, corrupt and racist Linda Dalianis to Chief Justice in spite of knowing her role in the underlying act of racism and officials oppression as Holder’s former NH State Senator. The NH Judicial and Executive Branches (State Attorney General Office) have engaged in a “high stakes” game of racial and judicial politics putting plaintiff and son’s constitutional rights at risk. The facts and documentation to support Holder’s allegations of (organized) criminal and conspiratorial conduct perpetrated by NH judicial, criminal justice officials and others.
In 1954. the Supreme Court handed down the landmark decision Brown v. Board of Education in which the Justices ordered the end of state-mandated segregation in public schools. Holder’s son was ordered by the court to placed in a “high minority” and “inferior performing” inner city public school in a neighboring State that was plagued high crime and gang activity. In 1984 the high court ruled in Palmore v. Sidoti that the best interest of the child take precedent and proscribing race as the determining factor in custody dispute between two natural parents. The NH Justices apparently are not required to answer to anyone though Part I, Article 8 of the NH Constitution mandates otherwise because of a corrupt and racist Judicial Conduct Committee led by Robert O. Wilson, DDS, Chair.
English Language Arts-Rating-“Low”-Burnham Elementary Cycle III Accountability Report 2003. During 2000-2003, Haverhill Public Schools among the “below average” performing school systems in the Commonwealth. On the 2003 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.-Executive Summary-Mass Dept of Ed-Haverhill Exam Report, 2004
“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.” (GAL offered prejured testimony denying the existence of crime, drug and gang activity on Arlington Street. . They knowingly and recklessly put my son at risk physically and educationally.
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.” Church, Zach., “Haverhill crime high among state cities; Lawrence shows improvement’ October 01, 2007 Lawrence-Eagle Tribune.
The record of repeated violations of the Judicial Canon of Ethics and Public Employee standards of conduct were grounds for disciplinary action but the disciplinary arms of the NH Judicial Branch refused to mandate accountability pertaining to Dalianis’ history of failure to exercise proper and sound discretion in the manifest bias case pursuant to Part I, Article 8 of the NH State Constitution and the more recent unlawful conspiracy with the Nashua PD depriving Holder of his clearly established constitutional right under color of law. The evidence substantiates that the defendants conduct was not intimately associated with any judicial process. Their action was taken with reckless disregard for the effect on the plaintiff and caused him extreme emotional concern for the continued emotional and physical safety of his two school aged children, then ages 6 and 16..
 Racial and Judicial politics: the practice of political figures and judicial actors exploiting the issue of race to forward an agenda.
 “Discrimination within the judicial system is most pernicious because it is “a stimulant to that race prejudice which is an impediment to securing to [black citizens] that equal justice which the law aims to secure to all others.” Strauder,100 U. S., at 308.
“A judge shall perform judicial duties without bias or prejudice. A judge shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation or socioeconomic status, and shall not permit staff, court officers and others subject to the judge’s direction and control to do so.” Canon of Ethics, Canon 3 (5)
Public officials sworn to uphold the Constitution may not avoid a constitutional duty bowing to the hypothetical effects of private racial prejudice that they assume to be both widely and deeply held.” Palmer v. Thompson, 403 U.S. 217, 260 -261 (1971) (WHITE, J., dissenting).
A State may not permissibly engage in deliberate conduct or deliberate omissions that have the foreseeable effect of perpetuating known segregation, where its acts or omissions are undertaken in response to and in accordance with the segregative wishes of others that were known to be racially motivated.” United States v. City of Yonkers, Docket No. 95-6182, 95-6206, U. S. Court of Appeal, (2nd Cir), 96 F.3d 600; 1996 U.S. App. LEXIS 24856.
The Constitution cannot control such prejudice, but neither can it tolerate it. Private biases may be outside the reach of the law, but the law cannot, directly or indirectly, give them effect.” Palmore v. Sidoti. 466 U.S. 429 (Race cannot be used in a child custody case involving two natural parents.)
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