Judges typically look at self-represented parties like most wealthy people look at homeless panhandlers. I have dealt with the consequences of representing myself in multiple states. I learned quite a bit about how judges are supposed to act in court along the way.
I often call judges out when they fall short of their standards. I am continuously reminded of the fact that professional standards for everyone in the legal community are a complete joke in most jurisdictions. How else could an entire profession like lawyers have such a bad reputation for lying while also having rules that say they are not allowed to lie in every state in this union?
Judge Keating is a new judge, but he's been one of the most powerful attorneys in the state for years. He was once the "Administrator of Courts" here and has been a fixture on the Judicial Council for nearly a decade. He was even "Executive Director" of the Judicial Council while he was still an attorney. He's a Bar Association Fellow and a past Director of the Bar Foundation (a pair of distinctions my sister Amy Chenette's snake attorney David Eby shares with him).
Even more concerning, Judge Keating's Judicial Council status means he has a direct impact on funding Attorney David Eby's passion project: CASA NH. It is the state version of a national non-profit designed to pay attorneys to train volunteers and provide paid Guardian Ad Litem services for cases across the state involving children. Eby has had a very prominent role in the organization the entire time Christopher Keating had a hand in deciding the group's annual funding. All it takes is a simple Google search to find all the evidence of their close connections and financial links.
I filed an Emergency Motion to Disqualify Judge Keating and Vacate Dismissal Orders on January 6th, 2023 in one of my three cases. It was the culmination of an effort to let this judge know that I have evidence of a major conflict of interest he failed to disclose. My next step is filing a formal complaint with the Judicial Conduct Committee.
Judge Keating lied to the Governors Executive Council himself when he laid out his formal reasoning for seeking a judicial position in the first place. Hindsight being 20/20 in my case, he even lied about how he would treat self-represented parties in his court:
https://www.dropbox.com/s/u8ohu53lodil5cl/judgekeatinglies.mp3?dl=0
The judge left no doubt as to his strong feelings about CASA as an organization at the same hearing on his nomination for the bench. He also promised he was ready to tackle the challenges of Probate matters in this clip:
https://www.dropbox.com/s/b3wxo87wpnqrkyp/keatingprobatecasa.mp3?dl=0
Judge Keating repeatedly harps on The New Hampshire Constitution's Part One, Article 35 in his commentary during the full confirmation hearing. He even states at one point that there is "poetry in that language" about every litigant deserving judges as "impartial as the lot of humanity will admit." He uses words like honor and integrity, guideposts and guardrails, care and preparation. But he does not live by those words, at least not from my observation of his conduct in my ongoing cases.
In a perfect world this biased judge would be seriously admonished for the type of behavior he is exhibiting in my cases. Instead, he'll most likely fight to stay on these cases if only to avoid the embarrassment of admitting he made serious mistakes in his rulings and discriminated against a self-represented party, directly contradicting the promises he made at his confirmation hearing.
I would also be remiss if I did not mention that Judge Keating is one half of a legal power couple. His wife is none other than Abigail Albee, who happens to be the Clerk of the Belknap County Superior Court. I can understand why she hasn't gone ahead and changed her last name. Especially considering she is also on the Rules Committee for the State Supreme Court.
Could this be why Judge Keating acts like being appealed will be no big deal for him? Does he think his significant other will be his ace in the hole? Maybe we should be using the phrase Judge Keating brought up himself at his confirmation hearing. Maybe she's his "finger on the scale." These two love birds bring home an estimated combined state base pay of nearly a quarter million dollars each year. They are both in a position to perpetuate the status quo where lawyers rule the roost and self-represented parties can go pound sand.
I had a particularly harsh experience with the Belknap Superior Court clerks in another case I was involved in where they failed to deliver my paperwork to the judge promptly. I also helped out on another case with investigation work that connected a now-retired Superior Court judge to an attorney who was pressing a very publicized case involving the Governors Island Club. The judge and attorney grew up living on the same street and maintained an outside of court friendship. I even wound up getting jury duty later on at the same Superior Court, where I had to disqualify myself because I knew too much about the offending lawyer.
At this point, despite the overwhelming patience and resolve to stay professional in these matters that I've shown, Judge Keating continues to disrespect me and my position in these matters. I might as well be wearing this shirt to all my court appearances:
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The People vs. Larry Flynt, 1996 |
I am in a real damned if I follow the rules, damned if I break the rules kind of position, and I've seen this movie before. I know how it ends. I've angered a judge, and he's going to let me know how much in his future adverse rulings. So, I pulled no punches in my most recent hearing in this case, telling the judge he was totally out of order:
Laconia_CC_CR2_20221227-1040_01d919dfa50722d0[1].mp3 (dropbox.com)
In addition to being a career writer and a reluctant part-time lawyer, I am a student of human behavior. I've been lucky enough to acquire a world class education from three major military academies, which means I know the definition of honor. The honor codes at all three schools made it an expellable offense to even tolerate lying. I served as a juror for an honor board case once and fulfilled that duty faithfully.
We suffer from a very serious problem when it comes to the justice system in this country, which trickles down to every local court. There is a glaring, untenable lack of accountability for judicial and attorney misconduct. It is much worse than the so-called "Blue Wall of Silence" that permeates so many police department and law enforcement agencies. If you're not in the club, you don't get the perks of membership like fair hearings and equal treatment under the law.
I fully expect Judge Keating to cling to this case like a newborn baby to his mother's teat at feeding time. I don't hold out hope for the Judicial Conduct Committee to take action against him, but the complaint I need to file should still go on his record. Hopefully he will be the one who actually learns a lesson while he is doing his best to teach me one with his harsh treatment for my refusal to deal with his bullshit.
I find in situations like this that if you're only fighting for yourself, the victories are hollow and the defeats are easier to accept. I therefore choose to fight for the greater good of an entire class of self-represented people that are bound to follow me in courtrooms all across the country. I will expose the dark heart of this court system and show people that fighting back is possible if you approach it the right way and never give up. Stay tuned for more. I don't see this saga ending anytime soon.