Bradley Jardis, “Attorney-in-Fact” for Jason Talley of Keene, NH in the matter of State v. Jason Talley (Cheshire Superior Court Docket # 11-CR-216)
RE:
Subpoenas officiated by New Hampshire State Representative (Hillsborough, District 27
(Press release made pursuant to NH Rules of Professional Conduct 3.6 (c) (6))
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On 02/28/12 I attempted to have the Cheshire County Superior Court Clerk officiate four subpoenas for witnesses in the defense of Jason Talley, a Keene, NH resident that I presently am defending in the Cheshire Superior Court on the charges of “Contempt of Court,” “Disorderly Conduct,” and “Resisting Arrest or Detention.” The clerks office refused to sign the subpoenas.
All four subpoenas are for active judges of the New Hampshire Judicial Branch.
Those judges are:
Keene Circuit Court-District Division Presiding Judge Edward Burke
Cheshire County Superior Court Presiding Judge John Arnold
Circuit Court Administrative Judge Edwin Kelley
Superior Court Chief Judge Tina Nadeau
Mr. Talley was arrested for the mere possession of a video camera. He was not using the video camera to film anyone, he simply had the camera attached to his belt. A judge-made rule having the force and effect of law was instituted on 07/15/11 under Part II, Article 73-a of the New Hampshire Constitution that stated that no member of the public could carry even a cell phone with a video camera into the building.  This rule, the rule that resulted in Mr. Talley being arrested when attempting to enter the court facility, was instituted fourteen days after the Judicial Branch enacted two rules having the force and effect of law restricting filming in any public area of the court building. The three rules altogether restrict Part I, Article 22 of the New Hampshire Constitution, that being the right to the freedom of the press.
The two initial rules enacted on 07/01/11 came into effect three days after Keene Circuit Court-District Division Judge Edward Burke was caught on camera lying about a member of the media “threatening” him, resulting in that man’s imprisonment for two days on a fabrication. The man spent two days incarcerated unjustly and Judge Burke remains an active judge with the ability to find guilty those who break the same law he did.
The video of the interaction is viewable in its entirety at http://www.copblock.org/5611/burkevideo/
As I am not a Justice of the Peace and am unable to authorize a subpoena, I turned to the Superior Court Clerk’s office to officiate my subpoenas for the judges who were involved in restricting Mr. Talley’s rights, ending in his arrest. They refused and told me I would need to find an alternative Justice of the Peace.
Last evening, New Hampshire State Representative George Lambert, an appointed Justice of the Peace, officiated all four subpoenas. New Hampshire State Representative JR Hoell witnessed as the documents became court orders for judges to appear as witnesses in a criminal trial.
The subpoenas will be provided to the Cheshire and Merrimack County Sheriff’s Departments for service.
Bradley Jardis
02/29/12
Subpoena ordering Keene Circuit Court-District Division Presiding Judge Edward Burke to appear as a defense witness in State v. Jason Talley .PDF
Subpoena ordering Superior Court Chief Judge Tina Nadeau to appear as a defense witness in State v. Jason Talley .PDF
