Judicial Removal Week: Marital Master Michael Garner (NH)

February 9th, 2010 by Bill Raftery Leave a reply »

Three separate efforts to remove New Hampshire judges and judicial officers via bills of address are currently pending in that state. A bill of address requires only a simple majority of both the House and Senate and need not specify any “bribery, corruption, malpractice or maladministration, in office” as in the case of an impeachment. “The governor with consent of the council may remove any commissioned officer for reasonable cause upon the address of both houses of the legislature,..

The first such effort (HA 1) is against marital master Michael Garner. Garner, according to the bill of address, “recommended to the presiding justice an order removing a child from an educational setting on the basis of religious prejudice.” The case surrounds a divorce case and a child, identified only as “Amanda,” who was being home schooled by her mother, while her father wanted the child placed in public school. According to media reports, Garner evaluated the home schooling situation. On July 13, 2009, he issued his recommendation, stating “The Court is extremely reluctant to impose on parents a decision about a child’s education” but ultimately deciding, based on the testimony of the parents and a Guardian Ad Litem, that it was in “Amanda’s best interests to attend public school.” The story made national headlines and was, as of November 2009, on appeal to that state’s Supreme Court.

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3 comments

  1. Tony says:

    ahhhh america, removing civil rights and fairness one amendment and/or separation of power at a time. Just ask John Yoo: http://lawblog.legalmatch.com/2010/02/03/free-speech-academic-freedom-and-people-who-make-studying-difficult/

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