3. Family Court Rule 303(b) Failure to Comply:
“If responsive papers are not properly served and filed, the court may deem the initial motion or motion raising new issues unopposed and may issue an order without hearing.
No responsive papers or request for hearing have been properly served by the opposing parties regarding motions in 2010 or 2011. The motions are unopposed.
>> Judge Mayer demands that hearings are mandatory, but this rule proves that hearings aren't mandatory. And in fact Judge Mayer's hearings were illegal and invalid (and also his subsequent orders) without certification of ADR/settlement attempt.
4. MN State Law Statute 518.1705 Subd. 2 Plan elements
(a) A parenting plan must include the following: (3) a method of dispute resolution.
>> Judge Michael Mayer violates this law and denied all requests for a parenting consultant/coordinator.
>> Judge Michael Mayer has repeatedly broken the requirement of state law to provide a method of dispute resolution, outside of court or lawyers. Key components of a successful Dispute Resolution method are listed on pages 6-9 in the 2010-11-08 Suppl Affidavit for Children's Rights (motion),
Past Motions for Parenting Consultant/Coordinator were made on 9/18/06 p2, 2/26/07 p2, 4/9/07 p3, 9/28/07 p2, 11/11/08 p46,p95, 3/27/09, 4/28/09 p1 with detailed role description, 11/8/10 p1, 12/10/10 p2.
Judge Mayer has opposed Alternate Dispute Resolution, as cited under his Rule 303.03 (c) violations.
The custodian opposed all motions for dispute resolution outside of court, and yet the most malicious abusive Judge Michael Mayer fined the father to pay $28,000 of the millionaire custodian's lawyer fees.
5. MN state law statute 211C.01 Subd. 4. Serious Crime. Obstruction of Justice
>> Judge Michael Mayer is seriously guilty of denial of transcripts by allowing extreme extortion in pricing over $4400 for one hour of printing and mailing, had added months/years of delays to transcripts, and has directed the tampering of evidence file and transcripts, disposing of dozen of evidence documents and all audio evidence submitted.
6. MN Law Statute 14.60 Evidence Subd. 3. Right of cross-examination, submit rebuttal
7. General Rule 364.09 Right to "present evidence, rebuttal testimony, and argument"
8. MN Law Statute 14.15 "rebuttal period of five working days ... to respond in writing”
>> Judge Michael Mayer routinely breaks these laws and rule by allowing ambushes of false allegations in oral hearings - new allegations, often at the end of the hearing, and then cuts off the time for rebuttal, shuts down the file immediately and rejects the submittal of any rebuttal evidence. Judge Mayer especially caused serious consequences and financial damage in these hearings 10/12/2009 and 12/20/11 by denying rebuttal evidence. Judge Mayer refused to accept several rebuttal documents within 5 days of the 12/20/11 hearing, of evidence disproving Judge Mayer's multiple lies in the hearing. Prior to the hearing, Judge Mayer had mentioned in writing a 5 day rebuttal period, but Judge Mayer lost his temper and cut off the father before the father could present anything on his motions, and before the custodian made her arguments in secret. Then Judge Mayer shut down the file at the hearing and refused rebuttal evidence. Details are in the appeal documents and in several rebuttal documents of evidence filed in court in the 5 days after the hearing.
>> Judge Michael Mayer also broke these state laws and rule of court by failing to provide phone access to these hearings 1/8/10, 5/6/10 (sole legal custody), 11/15/10 and Judge Mayer cut off the father on 12/20/11 so that he couldn't hear a single word from the custodian or any support agents in the hearing. So not only was cross-examination and rebuttal denied in these hearings, but the father was denied from hearing any arguments and comments from the custodian or support agents or county attorneys, or following comments by Judge Mayer. Judge Mayer allowed extreme extortion in pricing of the 12/20/11 transcript, and he likely pressured Tracey Dougherty (as before) to refuse providing a partial transcript, so that the transcript was too high priced and was never obtained. In the first hearing, 10/5/2006 transcript p.4, Judge Michael Mayer maliciously boasted, “You can’t get rid of me” and warned of “fury that you will not overcome.” On 10/1/2008, Judge Michael Mayer maliciously boasted, “You won’t be able to appeal my decisions because the transcripts alone will cost a fortune.”
9. Family Court - Rule 360.01 "allowed by law, the county agency may, as a matter of right, intervene as a party in any matter conducted in the expedited process." NOT in other courts
>> Judge Michael Mayer violated this rule repeatedly by involving and copying the county attorney on everything in General Court in 2009,2010,2011,2012 even t after he and District 1 Chief Judge Edward Lynch were notified in writing of this repeated violation. Judge Mayer allowed the most malicious ass. county attorney Valisa McKinney to participate and cause severe financial sabotage by a last minute ambush in the 10/12/09 hearing in General Court, which resulted in secret charging of high amounts of interest. The appellate court also knowingly violated this rule and likely continues to violate in other cases - the county attorney has no statutory authority in family court matters except in the expedited process.
10. Family Court - Rule 360.02 (d) requires "statutory grounds authorizing the person to intervene."
>> Judge Mayer violated this rule by involving the county attorney in General Court in 2009, 2010, 2011, 2012 without "statutory grounds to intervene" in General Court. The most damage by the county attorney in General Court was the malicious ambush attack of ass. county attorney Valissa McKinney on 10/12/09, alleging no knowledge of full and timely payments, which resulted in an abusive and dishonorable Judge Mayer order on 10/15/09.
11. Rule 1400.7700 (Communication with Parties) violated by Tina Isaac who had inside secret communications with court to get the first hearing with Magistrate Davidson scheduled on the 3/10/11 motion, resulting in orders by Judge Mayer who was repeatedly reminded of the violations, but ignored them.
12. MN statute 548.091 subd 1a-e Interest on Support, Judge Mayer violated since Oct. 2009
It is illegal, a violation of state law to "impend, authorize or initiate interest charges" when the government is taking payments in full from paychecks via "Title IV-D" for 12 months or more.
>> Judge Michael Mayer broke this law when he allowed the most malicious ass. county attorney Valisa McKinney to participate without authority in General Court and cause severe financial sabotage by a last minute ambush in the 10/12/09 hearing in General Court, which resulted in secret charging of high amounts of interest, which was never credited and was also illegal in this Title IV-D case which had full and timely payment for all of more than 5 years. In a last minute ambush, though she refused to tell the father what she was going to say in the hearing, and she investigated salaries extensively, she maliciously alleged that she "didn't know" if payments {taken by force by the county} were full and timely. And Mayer just copied her malicious attack into his malicious order. See details of this wickedness in the appeal. {It is the responsibility of the opposing parties to prove any allegation of incomplete monthly payments before interest is added. But Judge Mayer in his false findings of 'facts' alleges the father must prove, even though no one alleged payments weren't full and timely, only a lie that they didn't know if the other fingers of the county were taking all the money they wanted.} After many months of the father requesting from Krista Sorensen in the support agency, Krista finally provided a 7/9/10 letter confirming full and timely payments 'for at least 12 months,' which they took directly from the father's employer for years. Support refused to document the full truth for all years. And no one in the court ever acknowledged this evidence of full and timely payments, which Judge Mayer certainly knew, because he ordered it from the beginning (big Federal incentive matching money in this Kids for Cash case). Judge Mayer, Magistrate Davidson, and Judge Lynch continued planting lies in the court record claiming not full and timely, to cover up their malicious and illegal actions. And the appellate court copied the same lies in 2011, when all of these court workers had a copy of the 7/9/10 letter.
13. Expedited Process Rule 372.05 Subd. 2 - no hearing if no request addressed to the initiating party
"Failure of the noninitiating party to request a hearing, to serve a responsive motion, or to appear at a scheduled hearing shall not preclude the matter from going forward...based upon the information in the file."
>> Judge Mayer violates this rule by demanding hearings for all motions, expedited process or general court, or he prevents motion matters from going forward. Judge Michael Mayer and Magistrate Jan Davidson violated this rule when they demanded a hearing for the 3/10/11 expedited process motion when no party addressed a request for hearing to the initiating party. The ass. county attorney Tina Isaac worked illegally inside the court violating Rule 1400.7700 (Communication with Parties), and never addressed a request to the initiating party. And Judge Mayer lied in the 12/10/11 hearing saying that the custodian made a request, but no request was made by the custodian, and there is no evidence to back up Judge Mayer's lie about this request, which also doesn't exist on the list of file documents. Tina Isaac was repeatedly notified of this rule, but it appears that she would too arrogant to address a request for hearing to the father. She had been successful at getting hearings by communicating directly to the court and in secret, so she felt no need to obey rule and address a hearing request to the father.
14. Supreme Court Plaskey v CIA, 953 F .2nd 25 - no secret reasons for dismissing motions
"Court errs if court dismisses pro se litigant without instructions of how pleadings are deficient and how to repair pleadings."
>> From the Sept. 2010 motions to the Dec. 20, 2011 hearing, Judge Mayer kept his reasons secret for dismissing motions by writing merely 'not proper' and giving no specific reasons for why he considered them 'not proper.' This is his habit, not a one-time occurrence - also Obstruction of Justice.