21 October 2010
KingCast v. Kelly Ayotte, GOP et al. Motion to Recuse Judge Robert Lynn for unlawful bias, Hillsborough 2010-E-333.
I. RELEVANT BACKGROUND AND RECUSALNote: 7 March 2010 Nancy West/Telegraph feature on Judge Robert Lynn's temperament and reprimand in addressing another litigant he didn't care for.
In courtroom video maintained by Plaintiff-Petitioner (hereinafter, “KingCast”) at various websites including Justice for Kids http://justiceforkids.net/thennnow.html, His Honor specifically voiced his opinion that Plaintiff-Petitioner’s journalistic activities of placing public events online is “nonsense.”
“It’s very unfortunate that [KingCast] to use this and put it up on blogs or whatever but -- I don’t need to hear from you [KingCast] -- but we live in a free society, and that means you have to put up with some nonsense from time to time, that’s the way a Free Society Works.”
See also Holmes v. Holmes, Not Reported in A.2d, 2001 WL 34012428, N.H. Super., 2001, Appendix A, in which His Honor should have stepped aside because of similar issues of unlawful bias and the appearance of impropriety, case accepted in the High Court:
The New Hampshire Constitution establishes “the right of every citizen to be tried by judges as impartial as the lot of humanity will admit.” N.H. Const., pt. I, art. 35. To implement this constitutional right, Canon 3C of the Code of Judicial Conduct, Supreme Court Rule 38, provides:
(1) A judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned, including but not limited to instances where:
(a) he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding....
 This is not an abstract argument like the one set forth against His Honor by Mr. Kamasinski in Holmes v. Holmes, Not Reported in A.2d, 2001 WL 34012428, N.H. Super.,2001, Appendix A (citing to the matter of Justice W. Stephen Thayer who resigned during a Grand Jury investigation http://doj.nh.gov/publications/nreleases2000/reportonthayer.pdf ) that His Honor “Screwed his wife and has bad parenting issues,” rather it is a reasonable interpretation of His Honor’s open contempt for All Things KingCast as being “nonsense” in his own words. It can’t get any worse than that for a potential litigant, as I told the clerk yesterday, “He hates me.”
 Justice for Kids (“JFK”) is a website dedicated to making certain that children are kept out of harm’s way from convicted rapists and kidnappers, and Plaintiff has been active in working on those sorts of issues with JFK. Moreover, Plaintiff has a nonprofit in Boston that has earned a letter of recommendation from City Hall. In such nonprofit he tells children that they have a right to Free Speech and Free Press, and to expects that the Judiciary will respect that right and give it more than left-handed praise.
 This is similar to the disrespectful tone set down by His Honor against Erica Tapply in a case in which His Honor drew censure from the Judicial Conduct Committee after he granted unsupervised child visits with a convicted rapist and kidnapper, as noted in a KingCast video, KingCast to sue Kelly Ayotte, GOP over Free Press, First Amendment violations. http://www.youtube.com/watch?v=otJKqzFgDEA. See also Nancy West’s 7 March 2010 Telegraph story Judge criticized in case of local mom, Attachment 1. If the Court cannot separate its open contempt for KingCast from the issues of the case, recusal is highly encouraged because of the appearance of Judicial bias.