The Complaint filed against Judge John Curren with the Judicial Conduct Committee (JCC) has now been expanded to include the Administrative Office of the Courts (AOC) which provides management oversight of the Court Clerks.
Having engaged in numerous conversations with the Clerks in the 9th Circuit Division of District Court, and having received conflicting information, on January 31, 2023 I decided to speak with a Supervisor at the Courthouse. Is the Judge telling the Clerks to hold off in issuing the orders or are the clerks losing paperwork and just sitting on orders?
I walked away with few answers, more confusion and the distinct feeling that I had been lied to. My hope was to understand the process on how paperwork is handled and how Orders and Notices of Decision are issued and mailed.
The Judge denied the City of Nashua’s Motion to Intervene on an Annulment on November 23, 2022. The Court maintains a Case Summary computerized sheet that creates an index of all filings on the case. The Case Summary recorded a “Notice of Decision” was issued on January 4, 2023 for the November 23, 2023 order. Why did it take 5 weeks to attach the Notice to the Order? The Supervisors response was – because that is what it takes.
I asked the Clerk why the Notice was never mailed. She insisted it was mailed, but I explained that no copy of the order or decision was received. When I asked her to provide me with a copy of the Notice from the file, she stated that she could not locate it. When I stated that this is a computer generated form and can’t the clerk just pull a copy off the computer, the Supervisor explained that the form is deleted from the Computer so no record exists. Does this sound reasonable? The Supervisor insisted that the information was lost by the parties and not the Court. (the other party in the case did not receive the order or Notice either)
What was more disturbing was that my Attorney and I had been following up on the case since the end of November. The Clerks consistently and repeatedly stated that the orders and notices were coming any day, – mailed tomorrow, – to be completed soon. None of this was true. It took 70 days to get the Order and Notice mailed.
The Supervisor explained that they work by date from a pile and incoming mail goes at the bottom of the pile. When I asked the Supervisor what day they were working on now, she responded that she did not know.
The Supervisor explained that the District Court, unlike the Civil Court, has no deadlines and guidelines established on when work is to be completed.
So, at least I now know that the date for completing the annulment is anyone’s guess. But when this all started in July 2022, I was told I should have this wrapped up in 30 days. I lost my patience at 7 months.
Attorney Mittleholzer of the JCC has responded and accepted the Complaint stating they required 90 days to conduct a review; Attorney Dianne Martin has not yet responded. I have written to the Executive Councilors as well. I am looking for answers. And so it begins…
