Whether it is family court or criminal court, New Hampshire is not able to claim to provide anything that would qualify these as judicial. To be judicial, it would need to provide due process for both claimants and respondents/defendants. Currently, it does not, and it has not done so for decades.
For example: Brady v Maryland has been consistently ignored by Prosecutors, Judges and the AG’s office.
For example, the State has known since the 1980s that child sex crimes police detective James F McLaughlin has a documented history of dishonesty. The State has known since 1998 that James F McLaughlin was named in a federal entrapment case wherein he was the “Government” who sexualized minors under 12 years old. AG Gordon MacDonald has known that he was on the State’s Laurie List since June 2018 but argued in August 2018 to keep the Laurie List private while James F McLaughlin was working for him on the St Paul’s School Grand Jury Investigation.
Due Process has been dismissed in favor of pandering to Victims Rights Advocacy, predetermining who is a victim and who is a perpetrator. The word “alleged” before “victim” has been removed in sexual assault cases.
“Start by Believing” and “Trauma informed” have been the training in a state that requires no corroborating evidence and no corroborating witness in sexual assault cases. “Start by believing” is ideological nonsense, and the US Department of Justice ceased funding it precisely because it undermines due process, but New Hampshire continues with it, I understand. “Trauma informed” has been widely criticized. “Trauma informed” is how Crystal Mangum became the “victim” in the Duke LaCrosse case because all of her inconsistencies were put down to trauma. She is currently serving a prison sentence for murder and has admitted after 18 years that she fabricated the rape claims against the Duke LaCrosse team.
Sovereign immunity and qualified immunity have been abused to allow for the protection of racketeering as is described in USC 18. Judges have excused non-profits funded 99% by public funds in sexual abuse cases and crimes against children with the claim of extending sovereign immunity to them. But then these non-profits claim to be private non-government organizations, which would not afford them immunity since they are not Government but private entities. The AG’s office refers complainants to the NHCADSV, who refer them to attorneys, and then the NHCADSV trains the police, the prosecutors, the “victim”, the media, and helps create the victim impact statement. It gets a portion of settlements from the civil attorneys (as it did in Rapuano & Does v Dartmouth) or contracts (as it did with St Paul’s School and Phillips Exeter Academy). It is indivisible from the AG’s office since it is listed as the resource on the AG’s site.
Witness tampering by former AG’s in criminal cases with State Witnesses has been allowed (see letter to US Senate Judiciary Committee in January 2023 from NH State Witness/complainant Chessy Prout about this in her objection to Michael Delaney’s appointment for the First Circuit) and neither the tamperer nor the prosecutor not the messenger about the tampering have been admonished. (NH v Owen Labrie. Prosecutor Catherine Ruffle was informed by Concord Official/NHCADSV rep Amanda Grady Sexton of the tampering by Michael Delaney but Ruffle allowed the witnesses to testify anyway. Witness tampering is a felony with up to 20 years in prison.
Hearsay evidence has been embraced while written evidence has been denied.
Pretrial publicity and ex party statements by prosecutors and civil attorneys pretrial in order to taint juries and judicial outcome has been widely accepted even though the AG’s office and the NHCADSV apparently realize that this crossed ethical lines because they reached out to the Los Angeles DA’s office for guidance on protocols in 2018 or 2019. They received a list of acceptable practices in return. They should have known these from looking at Prosecutors Professional Conduct Codes. Why didn’t they know those?
Racketeering, oppression, and cover-ups have become the norm, not the exception. Civil rights for all have disappeared.
“The Connecticut Supreme Court (later confirmed by the 2nd Circuit) has provided an answer as to what qualifies as a “quasi-judicial” setting as well (which Family Courts may try to declare themselves).
“A quasi-judicial proceeding is an adjudicative one, in which the preceding is specifically authorized by law, the entity conducting the proceeding applies the law to the facts within the framework that contains procedural safeguards, and there is a sound public policy justification for affording proceeding participants absolute immunity.
…No, the UWC proceeding was not quasi-judicial because it lacked important procedural safeguards. “
https://law.justia.com/cases/connecticut/supreme-court/2023/sc20705.html
It is now clear why this is. It comes down to the fact that the New Hampshire Coalition Against Domestic & Sexual Violence has engaged in getting the New Hampshire Attorney General’s office to change the Constitution using Marsy’s Law, paid for by a California billionaire drug trafficker and sex abuser. Emails obtained through Right To Know from the AG’s office reveal that the NHCADSV worked directly with Gordon MacDonald, Jane Young, Chuck Douglas (Chair of the Judicial Selection Committee,) and Concord Mayor Jim Bouley to craft Marsy’s Law and to then get the AG’s office to sell it to Senator Carson.
Marsy’s Law has been widely criticized by lawyers and the ACLU and yet the current NH Supreme Court Chief Justice, knowing that it would change the constitution, embraced it and lobbied for it but failed to report the lobbying as required under RSA 15.
The National Association of Criminal Defense Lawyers published this about Marsy’s Law in 2024:
https://www.nacdl.org/Document/JusticeforNoneHowMarsysLawUnderminesCrimLegalSys
This is directly pitted against the current mentality that has pervaded the New Hampshire Justice System from UNH to NHCADSV to NHPD to Prosecutors to the AGs office to the Supreme Court. The fact that Marsy’s Law did not pass is irrelevant because the practical situation is that the State’s nominal justice system is operating as if it did pass.
If you cannot provide a judicial proceeding, why pay for or have a judiciary?
If you cannot provide due process, why have a justice system at all? Due process is necessary to decide whether or not a crime or wrongdoing has occurred and if the right person is being charged by the right victim.
New Hampshire has had a problem attracting and retaining criminal defense lawyers. It’s pretty easy to see why. The State cannot and does not provide judicial or quasi-judicial proceedings. Who would want to be a defense attorney in a State where case rigging is rampant?
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