Ed Brown and Joe Haas demand the NH legislature pay them out of clerk's bonds

[cynicalflyer]

Thought you all might find this interesting.

Ed or someone on Ed's behalf (likely Joe Haas, see below) got a bill introduced in the NH House this year (HJR 6) to get Ed some money from the bond of local clerk of court.

http://www.gencourt.state.nh.us/bill_st ... r=hjr6&q=1

Whereas, former United States Attorney Thomas Colantuono, through Assistant United States Attorney Seth Aframe illegally, against 28 U.S.C. section 636(c)(1) and article 12 of the New Hampshire constitution, removed state civil case #2005-C-033 from the Grafton county superior court to federal court without the consent of both the plaintiff and the defendant; and

Whereas, as a result of this illegal action, Edward Brown's $150 court filing fee became ineffective; and

Whereas, Mr. Brown now seeks damages in the amount of $150 in compensation for this in-effect theft of filing fee from the faithful performance bond of the superior court clerk, maintained pursuant to RSA 93-B; now, therefore, be it

Resolved by the Senate and House of Representatives in General Court convened:

That the general court hereby requires payment of the sum of $150 to Edward Brown. Said sum shall be a charge against the faithful performance bond of the superior court clerk.

The House Finance committee rejected it on a 24-0 vote. The full House will vote on it on March 9.

Joe Haas also attempted to get the NH legislature to pay him for a clerical error in one of his many lawsuits (HJR 4) and a 1984 court contempt citation that got him in jail for 64 days (HJR 5). Again, the money was suppose to come from the bond of the judge and/or clerk in the cases.

Yep, rejected 24-0 as well.

HJR 4: http://www.gencourt.state.nh.us/bill_st ... nyear=2016
HJR 5: http://www.gencourt.state.nh.us/bill_st ... nyear=2016

[The Observer]

I am thinking about filing a suit against Joe Haas for ruining the good name of Haas avocados.

[Famspear]

Hmmm.....

Whereas, former United States Attorney Thomas Colantuono, through Assistant United States Attorney Seth Aframe illegally, against 28 U.S.C. section 636(c)(1) and article 12 of the New Hampshire constitution, removed state civil case #2005-C-033 from the Grafton county superior court to federal court without the consent of both the plaintiff and the defendant....

Let's break this down.

First of all, 28 U.S.C. section 636(c)(1) does not govern removal of cases from a state court to a Federal court. A removal could not be "illegal" because of anything in 28 U.S.C. section 636(c)(1).

Second, the consent of the plaintiff is not generally required for such a removal.

Third, I don't know, but I suspect that the defendant was the United States of America -- since Haas apparently says that the U.S. Attorney was the one who obtained the removal. If so, the consent of the defendant was indeed obtained.

Fourth, the New Hampshire Constitution contains not one but two provisions denominated as "article 12" -- and neither of them governs (or for that matter could govern) removal of a case from state court to Federal court. Neither the New Hampshire Constitution nor any New Hampshire statute could be used to legally prevent a defendant from having a case removed from a New Hampshire court to a Federal court.

[notorial dissent]

Knowing Joe Haas for the idiot and incompetent that he is, it is a pretty safe, well nigh sure, bet that he was suing either the Fed, or some portion thereof in State court, which is a sure and certain guarantee of automatic removal to a Federal court, in fact, IIRC, there are whole bodies of law relating to just that point. Haas in my opinion should be sharing a cell with Ed since I am fairly certain he egged him on if not provided outright assistance in his stupidity. I am still of the opinion that a lot of what happened to Ed was at least partly traceable back to Ed.

[Pottapaug1938]

Knowing Joe Haas for the idiot and incompetent that he is, it is a pretty safe, well nigh sure, bet that he was suing either the Fed, or some portion thereof in State court, which is a sure and certain guarantee of automatic removal to a Federal court, in fact, IIRC, there are whole bodies of law relating to just that point. Haas in my opinion should be sharing a cell with Ed since I am fairly certain he egged him on if not provided outright assistance in his stupidity. I am still of the opinion that a lot of what happened to Ed was at least partly traceable back to Ed.

I am guessing that their commissary accounts are getting depleted, and they are desperate for funds. Maybe I'll send them a few thousand Iraqi dinars.

[notorial dissent]

Ah gee too bad so sad.

[KickahaOta]

Hmmm.....

Whereas, former United States Attorney Thomas Colantuono, through Assistant United States Attorney Seth Aframe illegally, against 28 U.S.C. section 636(c)(1) and article 12 of the New Hampshire constitution, removed state civil case #2005-C-033 from the Grafton county superior court to federal court without the consent of both the plaintiff and the defendant....

<snip>

Second, the consent of the plaintiff is not generally required for such a removal."

There are certain subspecies of legal wingnut who believe that state sovereignty requires that a case filed in state court remain in state court unless both the plaintiff and the defendant agree to remove it elsewhere. This requires a truly awe-inspiring degree of constitutional misinterpretation to believe; but this entire site exists as a tribute to just such feats of willful blindness.