Petition 5: the Johnson Petition

Additional commentary by Timothy Horrigan
(member of the House Petitions & Redress Committee)

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Over the last decade, David W. Johnson has become one of the fixtures at the State House, every bit as inescapable as Daniel Webster or President Pierce. He has filed House Petitions about his long-running child-custody case all three years that I have served as a state rep. Each time, the main focus of his ire is Marital Master Philip Cross, who allegedly made various decisions for no articulated or articulable reason and/or for no discernable reason. I have actually seen a few hundred of the tens of thousands of pages in Johnson's court files: I was a little surprised to find that Master Cross in fact tends to give rather detailed reasons for his decisions.

This is the 2009 edition of his petition. In late 2012, I finally got around to redacting the daughter's name.




PETITION 5

PETITION FOR REDRESS OF GRIEVANCE

TO: The Honorable House of Representatives

FROM: Petitioner Representative Daniel Itse, Rock. 9

DATE: December 9, 2008

SUBJECT: Grievance of David Johnson, Londonderry, New Hampshire



Whereas, the New Hampshire Bill of Rights at Article 35, Part First of the New Hampshire Constitution provides that "It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well;" and

Whereas, the New Hampshire Bill of Rights at Article 37, Part First of the New Hampshire Constitution provides that "In the government of this state, the three essential powers thereof, to wit, the legislative, executive, and judicial, ought to be kept as separate from, and independent of, each other, as the nature of a free government will admit, or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of union and amity;" and

Whereas, the judicial branch has used its authority under Article 35 to interpret the separation of powers under Article 37 to insulate itself from accountability to the sovereign people in derogation of Article 8; and

Whereas, this general abuse of authority by the judicial branch has resulted in particular oppression and violation of the constitutional and statutory rights of your Petitioner, and consequent harm to his daughter, by the Derry Family Division for which, by reason of collusion, conflict of interest, insularity and indifference, there is no practical means of correction within the judicial branch; and

Whereas, the New Hampshire Bill of Rights at Article 32, Part First of the New Hampshire Constitution provides that "The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer;" and

Whereas, the New Hampshire Bill of Rights at Article 31, Part First of the New Hampshire Constitution provides that "The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require."

Now, Therefore, your Petitioner, Representative Itse on behalf of David Johnson, hereinafter presents the particulars of his grievance against the judicial branch, Derry Family Division; Marital Master Bruce F. DalPra; Marital Master Philip D. Cross; and Hooksett District Court Judge Lucinda V. Sadler, and invokes the constitutional authority and duty of the Honorable General Court pursuant to said Articles 31 and 32 to bring about their redress:

  1. Marital Master Bruce F. DalPra reversed a previous award of full custody of [Daughter's Name redacted] to your Petitioner and awarded partial custody of [Daughter's Name redacted] to [Ex-Wife's Name redacted] for no reason other than retaliation against your Petitioner for having moved for his recusal, after ordering which reversal, he did recuse himself;

  2. Ever since Marital Master DalPra's retaliatory custody order, Marital Master Philip D. Cross, with no articulated or articulable reason, and with all the appearance of partiality, collusion, prejudgment and corruption, has repeatedly ignored the recommendations of qualified experts against the shared custody arrangement established by that order, thus violating RSA 461-A. See for example, attached April 18, 2005 letter from Judith A. Holt, A.R.N.P.

Wherefore, your Petitioner prays that the House of Representatives:

  1. Accept the within Petition for Redress of Grievance for enrollment and by vote of the House of Representatives appoint a committee to hold public hearings and examine into the circumstances hereof; and following such hearings and examination, recommend to the full House of Representatives that it:

  2. Insert a line item in the judicial branch appropriation for the current biennium a figure sufficient to reimburse David Johnson for his time and expenses incurred in and his financial losses resulting from the case of In the Matter of [Ex-Wife's Name redacted] and David Johnson, Case #2000-M-0407, Derry Family Division;

  3. Initiate address proceedings against marital masters Bruce F. DalPra and Philip D. Cross and Hooksett District Court Judge Lucinda V. Sadler;

  4. Pass an act directing this case to be assigned to a different court and requiring that court to include in its orders a provision awarding parental responsibility of [Daughter's Name redacted] to your Petitioner.

Respectfully Submitted by Petitioner Representative Itse on Behalf of David Johnson.

Co-Petitioners:

Rep. Ingbretson, Graf. 5

Rep. Baldasaro, Rock. 3

Rep. Dumaine, Rock. 3

Rep. Emiro, Rock. 3

December 9, 2008



Remedies A & C actually happened: Bills of Address were brought against Master Cross and Judge Sadler. The full House voted both bills down.

Remedy B is totally unconstitutional. Article 23, Part First of the state constitution says:

2009 Petitions:

  1. Grievance of Barry Arnofsky

  2. Grievance of Duane Besso

  3. Grievance of Debra Nutton

  4. Grievance of Thomas Whalen

  5. Grievance of David Johnson

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