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How to Recuse A Judge You Think Is
Acting Biased Against You
(Note be sure he is worse than the average before you do this)

Hey Chris,

 Here are few ideas for you to get rid of the judge.
I only suggest these because I have accidentally and on purpose gotten 3 or 4 judges recused so far.  If they don't work to get the judge to recuse himself,  they will be useful to REVERSE him at the appeals court level.
I got one recused by writing her directly a letter.  She must have read it!! It was a polite letter just explaining my perception of things and how we needed to get this case moving along. Next thing I know, I have a new judge. I guess this dumb Pro Se did not know you can't write a judge a letter. She said she was going to handle my case  out of the court room, so that's why I wrote it direct to her. Apparently this was not what she meant. (I have decided she meant she did not want my BIG mouth running off in PUBLIC on the record.)
You can also try to file a law suit in FEDERAL Court against the knothead. Claim he is violating your rights without authority of law or constitution and thus has no immunity. This also becomes another bullet for the judge's decisions in your appeals gun.
One thing you need to do is create a web site.  Put their names in big letters on it.
Interesting to note we both have problems with KAPLAN'S  Wonder if they are related?
Explain their misdeeds.  Provide copies of their biased prejudiced judgments.
Get tapes of the hearings and put embarrassing  sound bites on the web site. 
I got one where the judge says something like "This is a Family Court. The constitution does not apply here." 
  That's is powerful stuff.  It is embarrassing.
DO not be surprised if HER attorney brings it to court to piss off the judge against you.  Oh well he is already about as pissed as he can get.  It just gives you more ammo for any appeals to reflect possible sources of bias and prejudice.
Also talk to me backchannel, there are some legal protections you can do to create a mine field for the lawyers and the X for later law suits.
Find special interest groups who will not like what is happening.  I use the NRA and the Massachusetts Gun organization www.GOAL.org with large number of subscribers. I told them about my visit to the NRA national HQ in Fairafax VA and gave them a very nice story. Tried to get the NRA to finance my fight.  (That must have worried the EX a lot and the judge might have had visions of being hated by a lot of kooks).  I had Judge Moynihan on the top fold left side in an issue. That is the premium real estate on a newspaper.
Try visiting the ACLU. Be sure to mention it to the judge. Then he knows you are spreading the word and writing about him to his cohorts. Moynihans eyebrows went to the ceiling when he heard I was trying to get them involved.  Uh.  Embarrassing.
----- Original Message -----
Sent: Saturday, March 12, 2005 12:54 AM
Subject: Re: Judge Jonathan Kaplan's removal

Dear Shelly,
    Your station refers me to you for court stories.  Channel 8 called me for an interview, but I would prefer to speak to channel 61 first.  Please make an effort to bring attention to this issue.
  • Channel 30 just did a story on Deadbeat Parents whom the Atty. General Blumenthal clarified as fathers.  The basis for the story was the lack of arresting capacity for deadbeat parents. (February 2005) (The judicial committee is considering a bill to give State police power to arrest fathers in arrears)
  • The Hartford Courant ran a front page story of a father devastated by divorce and false allegation of child abuse. He lost a prominent job, house and most horrible, his daughter for years. (March 7, 2005).  The Judicial committee held a public hearing the same day for SB1120.  A bill that will presume equal rights for separating parents and penalties for false abuse.
  • My children's guardian for the court has testified that my children are tearfully desperate to contact and see me but still the judge refuses.  The home evaluation recommends joint custody and shared parenting but the judge refuses.  This is what happens when you complain about a Rockville judge.
  • The US attorney in Hartford, Lisa Perkins, is investigating my complaint against Judge Kaplan and Attorney Boyan (the mother's attorney) for criminal charges.
Please speak with Rick Hancock, I talked to him at the LOB the day of the hearing for SB1120 and he has expressed a sincere interest in reporting my story and this issue.
Thank you


The Shared Parenting Council -CT
The Fatherhood Coalition -MA
Fathers-4-Justice- UK



Lots of questions recently on list about recusal and lots of incorrect comments about laws.

> [3]> [4] The defendant correctly notes that the judge was not required to recuse himself from hearing the case jury waived merely because he previously heard the suppression motion.  See > Commonwealth v. Coyne, 372 Mass. 599, 601-603, 363 N.E.2d 256 (1977).  Generally, recusal is a matter left to the discretion of the judge.  > Id. at 602, 363 N.E.2d 256.  To show that a judge abused his discretion by failing to recuse himself, a defendant ordinarily must show that the judge demonstrated a bias or prejudice arising from an extrajudicial source, and not from something learned from participation in the case.  See > Liteky v. United States, 510 U.S. 540, 551, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994) ("[N]ot subject to deprecatory characterization as 'bias' or 'prejudice' are opinions held by judges as a result of what they learned in earlier proceedings.  It has long been regarded as normal and proper for a judge to sit in the same case upon its remand, and to sit in successive trials involving the same defendant");  > Fogarty v. Commonwealth, 406 Mass. 103, 111, 546 N.E.2d 354 (1989).  The defendant has offered no evidence to support his burden.

Com. v. Adkinson,   442 Mass. 410, 415, 813 N.E.2d 506, 511 (2004).
A judge is not required to recuse himself from a case merely because he has confronted the parties in a prior case.  However, if a party is concerned about prejudice on the part of the judge, the issue should be raised at the commencement of the proceeding.  > Adoption of Darla, 56 Mass.App.Ct. 519, 522 (2002). 
803 N.E.2d 359, 60 Mass.App.Ct. 1116, Giselle, In re, (Mass.App.Ct. 2004)

LAWS come in two flavors: laws allowing judges to use their discretion and laws NOT allowing judges to use their discretion.
What many of you guys are NOT doing is differentiating between the two . . .

Those of you who complain will be far more credible than you currently are if you READ the law(s) applicable to your case and learn how to differentiate one flavor of the law from the other.
Barbara C. Johnson, Advocate of Court Reform and Attorney at Law
6 Appletree Lane
Andover, MA 01810-4102

email: barbaracjohnson@worldnet.att.net
False Allegations: http://www.falseallegations.com
Participating Attorney: http://www.lawguru.com/cgi/bbs2/user/browse.shtml
Campaign 2002: http://www.barbforgovernor.com
The judicial system is very broken. It must be fixed.
There are four people who can do the job:
Everybody, Somebody, Anybody, and Nobody.
Everybody thinks Somebody will surely do it.
It is a job Anybody can do. But Nobody is doing it.
At least I'm trying. What are you doing?

"Women are not men's life partners, but rivals favored by law."
                 Paul Craig Roberts, in "The Wars We Can't Afford to Lose,"
                 citing Professor Richard T. Hise, The War Against Men