Randall Collier

Constitutional cluster of Fraud [RSA 491-A:1 effective until July 12, 2024; see also RSA 491-A:1 set out below.] 491-A:1 Salaries Established. – The salaries for the positions set forth below shall be as follows: Chief justice, supreme court $204,076 Associate justices, supreme court $197,937 Chief justice, superior court and administrative judges appointed pursuant to supreme court rule 54 $197,937 Associate justices, superior court $185,638 District court justices prohibited from practice pursuant to RSA 502-A:21 $185,638 Probate judges prohibited from practice pursuant to RSA 547:2-a $185,368 The Stated Purpose of this “New Hampshire Judicial Branch” : “Our Mission: To preserve the rule of law and protect the rights and liberties guaranteed by the United States and New Hampshire Constitutions, the courts will provide accessible, prompt, and efficient forums for the fair and independent administration of justice, with respect for the dignity of all we serve.” https://www.courts.nh.gov/. In 1983, the New Hampshire Supreme Court created the Administrative Office of the Courts (AOC). The AOC provides operational support to New Hampshire’s unified court system in its constitutional responsibility to provide for the administration of justice. NH Circuit Court Family Division Rule 2.2 “Rules of Evidence do not apply in Domestic Violence or Parenting Cases”. Michael Garner’s testimony to the NH Legislators on 3/28/23 (See TIMELINE for link/URL), about not applying the Rules of Evidence in DV (Domestic Violence) or Family Cases due to no trial by jury in these N.H. “Family Division” “Circuit Courts”, “What we hope to be is the gatekeeper for reliable information”. This violates the Rule of law, which the NH Courts “Mission statement“ (above) is to follow both US and NH Constitutions. . http://www.youtube.com/watch?v=vbFOdcRT See Order 4/24 case number 650 2013 DV 16, page 6 Michael Garner stated “ Rules of evidence do not apply and did not apply to the orders Mr. Coller seeks to vacate. The standard of proof is a preponderance of evidence rather than proof beyond a reasonable doubt. The Hearings complied with Due Process”. After Michael Garner warned the Legislative body about altering their practice, they made a bill that requires rules of evidence in family court. See NH hb499, Rules of Evidence to apply in Family Cases (Will be voted on Jan.3): https://legiscan.com/NH/bill/HB499/2023 ; House Special Committee on the Family Division of the Circuit Court (05/02/23): https://www.youtube.com/watch?v=jVjJumYj6_w ; House Special Committee on the Family Division of the Circuit Court (05/16/23): https://www.youtube.com/watch?v=TppRpmPCm7U ; https://www.youtube.com/live/yT0oP8faRro?si=NJwXc5thH4xD0Mb_ The Chairman of the House Judiciary and Ret. NH Supreme Court Justice Robert Lynn recently stated on 3/12/25 “Preponderance of Evidence can only come from a legal proceeding and not through civil litigation”. American Bar Association Definitions: Rules of Evidence: Ignoring these rules makes evidence inadmissible. It must be admissible, reliable, complete, authentic, and believable. “Rules of evidence - Standards governing whether evidence in a civil or criminal case is admissible.” -“Consumers' Guide to Legal HelpLegal Terms Glossary”: https://www.americanbar.org/groups/legal_services/flh-home/flh-glossary/#:~:text=Rules%20of%20evidence%20%2D%20Standards%20governing,or%20criminal%20case%20is%20admissible. ; This seems clearly “to the Contrary” of this Court's “Mission”! https://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-family-division/rule-2 2-application-new-hampshire-rules ; We cannot ‘vindicate’ our ‘rights’ in “Family Court(s)” if “rules of evidence do not apply”: During the House Special Committee of Family Division of the Circuit Court: on 4/2/24 NH General Counsel Erin Kregan stated “civil court is for the plaintiff to vindicate their rights, and in criminal court the burden of proof is much higher, the rights of the defendant are protected”. “Civil sanctions are not meant to be punitive, they are intended for the plaintiff to vindicate their rights”. House Special Committee on the Family Division of the Circuit Court (04/02/2024): https://www.youtube.com/watch?v=WPPyUg3Ua3E See also, House Judiciary Committee meeting on 1/17/24 At the 5hr 21 minutes, NH State Rep Smith and Co-chair of the Judiciary Committee asks the General Counsel Erin Kregan “is the Supreme Court the only Constitutional Court in NH?” The General Counsel’s response was “Superior Court is also a constitutional created court”. Rep Smith then asked, “ What about Circuit Court?” The General Counsel’s response was “Circuit Courts were made by statute.”. House Judiciary (01/17/2024): https://www.youtube.com/watch?v=bRBjoHcXrek See US Supreme Court Decision [self v. Rhay, 61 wn (2d) 261] “Statutes are not the Law”. To the Citizens of New Hampshire: We are pleased to welcome you to the New Hampshire Circuit Court which includes the District, Probate and Family Divisions. The establishment of the Circuit Court on July 1, 2011 was a major milestone for the Judicial Branch and it reflects an extensive effort to streamline our operations so that we can provide better, more efficient and more economical service to the citizens who come to our courts. The Circuit Court reflects our willingness to change the way we do business and make the best of the resources available to us. Most importantly, we believe that this restructuring will improve the administration of justice in our state as we work, in challenging economic times, to fulfill our constitutional obligation to provide fair and equal access to justice for all citizens. When you visit the Circuit Court, you will not see many changes, other than a new name on the door or in the title of a form. The addresses and telephone numbers for District, Probate and Family locations are the same as they were prior to the establishment of the Circuit Court. There are important differences however behind the scenes. In the Circuit Court clerks offices throughout the state, we have made changes that will help us be more responsive to the needs of court users, whether it is answering a telephone inquiry or processing a court order. We ask for your support and patience as the Circuit Court gets underway. We are confident that it will strengthen the Judicial Branch and its stated mission "to provide accessible, prompt, and efficient forums for the fair and independent administration of justice, with respect for the dignity of all we serve." Ellen V. Christo Circuit Court Chief Judge 490-D:2 Jurisdiction. – Notwithstanding any law to the contrary and except for the limited need to allow an existing case to proceed with the same judge who had presided over it before the implementation of the judicial branch family division, following implementation of the division at a division site in accordance with RSA 490-D:5, jurisdiction over the following matters shall be exclusively exercised through the judicial branch family division as procedurally jurisdiction was previously exercised in the superior, district, and probate courts: I. Petitions for divorce, nullity of marriage, alimony, custody of children, support, and to establish paternity. II. Actions for support or custody for children of unwed parties. 490-D:3 Equity Jurisdiction. – Notwithstanding any law to the contrary, the judicial branch family division shall have the powers of a court of equity in cases where subject matter jurisdiction lies with the judicial branch family division. Suits in equity where subject matter jurisdiction lies with the judicial branch family division including, but not limited to, petitions for divorce, nullity of marriage, alimony, custody of children, support, 490-D:9 Recommendations of Marital Masters. – All recommendations of marital masters shall be signed by a judge. The judge signing such recommendations shall certify that he or she has read the recommendations and agrees that the marital master has applied the correct legal standard to the facts determined by the marital master. 490-F:15 Referees. – The circuit court, with the consent of the parties shall, and without the consent of the parties may, commit to one or more referees any cause at law or in equity, or the determination of any question of fact pending in the court wherein the parties are not, as matter of right, entitled to a trial by jury; and with the consent of the parties shall in the same manner commit any other cause or the determination of any other question of fact. In New Hampshire Family Division, martial masters and referees are appointed officials who hear cases and make recommendations, rather than final orders, which must be approved by a judge. Masters typically handle broader, complex divorce and parenting matters, while referees often focus on specific, narrower issues like child support, medical support, or paternity cases. Marital Masters: Handle comprehensive domestic relations cases, including divorce, parental rights, and responsibilities, usually sitting in a courtroom setting. Referees/Hearings Officers: Specifically handle child support, paternity, and related enforcement or modification matters, sometimes acting in a more informal conference room setting. Shared Authority: Both must have their recommendations signed and approved by a judge to become binding court orders. From statutes and official Judicial Branch resources: Marital Masters: • Appointed judicial officials in the Family Division. • Their written recommendations must be signed by a judge to become enforceable orders (RSA 490-D:9). Referees / Child Support Hearings Officers: • Handle specific family law matters (especially child support/paternity). • Their recommendations or findings are also subject to review and sign-off by a judge before they take effect. Rules and definitions on the NH Judicial Branch website clearly recognize these roles in the Family Division judicial process. https://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-family-division/rule-115-recommendationsex-parte-orders Recommendations/Ex Parte Orders: Recommendations of marital masters may be approved in person, by facsimile transmission, by telephone or electronically. Such recommendations may be approved by any judge of the state, regardless of whether they are specially designated as family division judges. Any judge of the state may issue emergency orders for family division cases in person, by telephone, by facsimile transmission or electronically. All such orders shall be transmitted to the appropriate family division location upon execution. See RSA 490-D:9. https://www.courts.nh.gov/our-courts/circuit-court/family-division/child-support/child-support-hearings-officer?utm_source=chatgpt.com Child Support Hearings Officer How the Process Works Child support cases may be heard by a Child Support Hearings Officer, sometimes called a Child Support Referee. The hearings officer is a lawyer appointed by the Family Division Administrative Judge, pursuant to RSA 490-F:15. The hearings officer hears child support matters including those cases where parties are receiving or applying for services through the Division of Health and Human Services, Office of Child Support Services. Setting a child support matter before a hearings officer results in a shorter waiting time for a hearing date and faster processing of the case once it has been heard. Hearing officers are authorized to conduct hearings and submit recommendations for orders on issues of paternity establishment, child support, medical support, and tax exemptions as well as registrations of court orders from other states. Hearings may be held in a courtroom or in a conference room. Unlike a judge or a marital master, a hearings officer does not sit on the bench. Each party sits on one side of a table; the hearings officer sits at the head of the table. Just as in any other hearing, each parent will get a chance to present his/her case to the hearings officer. The court keeps a record of these hearings by sound recording either by tape or CD. After the hearing, the hearings officer makes recommendations to a judge. Just as when a marital master hears a family case, all recommendations of a hearings officer must be reviewed and approved (signed) by a judge before they become orders of the court. Normal procedures for asking a court to reconsider an order, or for appealing an order to the NH Supreme Court, are in effect for any orders based on the recommendations of a hearings officer. 490-F:10 Full-Time Circuit Court Judges. – A circuit court judge designated to be full-time under RSA 490-F:7, IV shall not be permitted to engage in the practice of law to any degree. Full-time judges shall receive the salary specified in RSA 491-A:1. "The jurisdiction of a court can be `lost' when constitutional rights of the [habeas] plaintiff have been violated," 124 N.H. at 807, 481 A.2d at 530, https://www.courts.nh.gov/our-courts/circuit-court/judges Senior Active Status Judges Hon. David Forrest Hon. David D. King Hon. M. Kristin Spath Hon. Mark F. Weaver Judicial Referees (Retired Judges) Hon. Gerard J. Boyle Hon. John Boyle Hon. Edward J. Burke Hon. Susan Carbon Hon. James M. Carroll Hon. Gary R. Cassavechia Hon. Michael Garner See NH Supreme Court Opinion 2007: Marital Masters have no power to enforce. SB 112 Question of Law: How can a referee or marital master decide fact and law with unreliable evidence, or when the statute that governs their activity says they can't practice law ? Why are none of my orders signed by a judicial judge? Constitutional responsibility but can't practice law? Why does one website say a marital master can be signed off by any family court judge, and another website says both the referee/ hearing officer, and the marital master needs a judge's signature? Why does the NH website list both Carroll and Garner as referees and not general jurisdiction judges? They signed my orders. Why did Carroll and Garner sign off on my orders without a real judge? Contradictions anyone? Nine (9) appeals All Denied, Writ of Habeas Corpus Denied Writ of Certiorari Denied too. ARRESTED THREE (3) TIMES BY NH LAW ENFORCEMENT FROM UNLAWFUL FRAUDULENT PROCEEDINGS. Randy Collier, 603 803 2648 26 joslin rd surry, nh 03431