LAST REVISION – 05/02/12
Nowhere in the Federalist Papers or New Hampshire’s own historic documents did I ever read that one of the powers the various founders of government intended be vested in government officials was the ability to imprison people for asking polite and respectful questions. Â Unfortunately for all good judges in New Hampshire (and I’ve seen quite a few), Judge Burke got caught on camera lying to have that done.
If I were to be standing trial for something civil or criminal in Keene, NH and Judge Edward Burke were assigned to my case, I would have serious questions about his ability to be fair and impartial.
I am not a lawyer, so this shouldn’t be viewed as legal advice. Â I’d ask you please view this as a suggestion on how I would protect my own rights from an enormously powerful government official.
SAMPLE INSTRUCTIONS / MOTIONS
PRE-TRIAL: Please follow these instructions to attempt to legally require Judge Burke to recuse himself from your case. Â Note I’ve made everything annoying green that you should make sure you adjust for your respective case. Â Of course you should feel free to change anything you’d like as it will be your case.
1. Watch this video.
2. Sign this online petition.
3. If you get charged by the police with violating the law and the summons (pink slip) only has a fine on it, plea not guilty and mail it to the Department of Safety immediately. When you get your notice of trial date, download this “Motion For Recusal” and modify it to fit your particular case. Once you complete it, mail without delay to both the Court and police department.
4. If you get arrested by the police and are given an arraignment date in the Keene District Court, appear as ordered with this “Motion For Recusal” that you should modify to fit your particular case. When you arrive at the Court, file the paperwork with the Clerk’s office before you enter the courtroom.
5. Hopefully, the Judge will recuse himself from your case. Â If not, proceed to #6.
6. Make a verbal motion that Judge Burke reconsider his order denying your written “Motion For Recusal.” Â
POST-TRIAL: It is highly unlikely that Judge Burke would be thrilled with numerous litigants in his court presenting him with numerous motions that he recuse himself. Â It is safe to presume that the Judge will deny your motion.
Circuit Court Rule 1.8-A (H) does require that Judge Burke state the written reasons for why he refuses your motion to recuse:
H. All grounds for recusal that are known or should reasonably be known prior to trial or hearing shall be incorporated in a written motion for recusal and filed promptly with the Court. Grounds for recusal that first become apparent at the time of or during the hearing shall be immediately brought to the attention of the judge. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. If a record of the proceedings is not available, the trial judge shall make a record of the request, the Court’s findings, and its order. The Court’s ruling on the motion shall issue promptly. If the motion is denied, the Court’s ruling shall be supported by findings of fact with respect to the allegations contained in the motion.
The Judge’s written explanation will be very important to your appeal… Â and can surely be used to help other individuals attempt to lawfully force his recusal as well, so please feel free to share it with me.
Please follow these instructions to appeal Judge Burke’s denial of your “Motion To Recuse” to the New Hampshire Supreme Court:
6. Here is a sample denial of the above “Motion To Recuse” issued by Judge Burke.
7. Here is a sample “Motion To Reconsider” response to the sample denial of the “Motion To Recuse” issued by Judge Burke.
8. Here is a sample denial of the “Motion To Reconsider.”
9. Here is a sample “Motion To Stay Proceedings for Interlocutory Appeal.”
10. Here is a sample “Objection to Stay Proceedings for Interlocutory Appeal” from the state.
-/-
I welcome all anonymous lawyers who read here to offer me their full criticism and advice on things I could add/subtract/change to make this legal argument more effective.