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The state courts appear to require indisputable showing of prejudice to remove a judge from a case?
The U.S. standard for impartiality isn't that extreme.
Title 28 Chapter 21 §455 DISQUALIFICATION of justice, judge, magistrate
(a) Any justice, judge, or magistrate [judge] of the United States shall disqualify himself
in any proceeding in which his impartiality 'might' reasonably be 'questioned'.
Only judges are considered to be reasonable persons? to question impartiality of their own judges? Since early 2007, several court workers who were praised, approved or appointed by Judge Mayer stated (much more than 'questioned') that Judge Mayer needs to be removed from this case for impartiality.
1. Judge Mayer praised his golf and triathlon partner John Burns in court as being a very reasonable lawyer. Judge Mayer denied an evidentiary hearing in his 2007-03-20 order pt 7, based solely on false allegations without evidence by the custodian and her lawyer Deanne Dulas. John Burns clearly stated on 2007-03-23 (attached) that Judge Mayer needs to be removed from the case, initially for prejudice of Judge Michael Mayer by breaking state law 148.175, by terminating parenting time with the father for a month and denying a mandatory evidentiary hearing which is required by this law. Judge Mayer responded in another clearly prejudiced letter on 2007-04-12 stating "there are no pending issues" ... "unless Dulas brings a motion based on allegations." The prejudice is clear that only Dulas was allowed to bring a motion to request an evidentiary hearing. But Judge Mayer did everything Dulas wanted, so it's completely bizarre for Mayer to write that Dulas might bring a motion.
This is one of endless evidences of clear impartiality and prejudice by Judge Mayer. At least 4 times parenting time was terminated or severely restricted by Judge Mayer based on false allegations of the custodian and Deanne Dulas and every time Judge Mayer broke state law 148.175 and failed to schedule or allow an evidentiary hearing when he took "Severely Restrictive" actions, which were also in violation of U.S.Supreme Court rulings (website cover page).
If you know Deanne Dulas, you know that few people are better at lying than her. Often half of what she says is lying, sometimes almost everything she says is lying (proposed court orders). She is an expert at saying one factual statement, followed by a lying statement, one after another, and mixed with lots of half-truths and then summarizing that 'he acknowledged these things' (meaning everything). She has a pattern. She is an expert at putting words in witnesses mouths that they never said and Judge Mayer refused to stop her lying and trickery in court when it was very clear that she violates court ethical standards. And she professes to be Christian. Deanne Dulas will sacrifice your children's emotional health to get the big money for herself, and Judge Michael Mayer does everything he can to enflame conflict and parental alienation to greatly enrich the court workers. See the evidence for yourselves.
2. Other very experienced reasonable attorneys who actually know Judge Mayer stated that when Judge Mayer 'makes up his mind, he's going to dig right in and go back, go backwards' with the case, and that Judge Mayer is 'biased more toward women', with a police 'prosecutor mentality, black and white' 'you're the bad guy,' 'dug in so tight'. The attorney said 'family law is not like that, it's more gray.' She continued ...
re: Judge Mayer, "he's going to be all righteous because you questioned his fairness” “a little God complex” “I've never not had a judge recuse himself when requested” “that’s just amazing to me”
3. Dr. James Gilbertson was approved by Judge Mayer as a secondary custody evaluator on this case and was accepted as an expert in court testimony by Judge Mayer. On 2008-02-17, Dr. Gilbertson stated, "you have to solve this judge problem, that has to be the first thing, otherwise you can mount the greatest arguments in the world, you can line up the greatest experts, and if you feel the judge is going to cut you off at your knees, you go in there and waste time and money, unless you want to file on the judge and get him out before evaluation." Judge Mayer and Judge Edward Lynch refused requests for removing Judge Mayer. Months later, Judge Mayer sabotaged Dr. Gilbertson's evaluation by denying simple requests by the very experienced Dr. Gilbertson to do his custody evaluation and parenting visits the way he wanted. In the 2008-05-12 order pt 1, Judge Mayer denied Dr. Gilbertson's 2008-04-18 letter requests for individual visits with the children and father and rejected warnings regarding treating both parents without prejudiced conditions during parent-child observations. By delays and refusals, Judge Mayer limited Dr. Gilbertson's evaluation to several weeks and he never met with the children individually. In his report and testimony, Dr. Gilbertson clearly warned against sole physical or legal custody which would result in parental alienation. Judge Mayer ignored his warnings and a year later gave sole legal custody too based on the custodian's false allegations about needing passports for the children, which they never needed, and sole legal isn't required to get passports. The #1 use of sole legal is to remove children's birth names and the last connections with their father to put the nails in the coffin of parental alienation. The names were changed quickly when Judge Mayer ordered sole legal, even though the oldest child of three (then age 13) didn't want his name changed.
The #1 goal of the custodian and Judge Mayer was to make reunification therapy (and court transcripts) impossible to afford so that father-child therapy wouldn't happen. Judge Mayer and the custodian both demanded the highest paid team in the city and 3 separate therapists at Moxie. Moxie didn't provide any history of successful reunification of children with a father, but they are good friends of Judge Mayer's accomplice evaluator Beth Harrington. Dr. Powers worked with Moxie and said Moxie's top 3 goals were money, money, money. After a year of delays and refusals by Judge Mayer, he finally appointed Dr. Brian Powers as therapist and then rejected Dr. Powers 2009-05-11 written recommendations also (2009-05-13 order). Judge Mayer is boldly in complete denial of who he is and what he does. On the 2009-04-17 hearing transcript p.17 he boldly boasts, "I'm going to defer to the professionals on what the proper protocol is. ... I'm not stepping on their toes. That's not my bailiwick, you know. ... It's not what I do. I'm not going to try and put someone under because it's not what I do. I put people to sleep all the time when I'm sitting up here but not under. So I'm just going to let the pros do what the pros do. All right."
Evidence shows that Judge Mayer's words and actions are the opposite. Judge Mayer boldly defied the most experienced court appointed expert on parental alienation who warned everyone in writing (2006-12-18) not to use detention facilities for exchanges because "the children having to go to a police station would heightens their fears" and "reinforce" wrong "perceptions." Without compelling need, but to enflame alienation and lawyer riches, Judge Mayer soon ordered exchanges at a police station instead of exchanges via school. He joked about it in court and later ordered, "No negative connotations shall be drawn by the exchange location." Bizarre!? He can order children not to draw negative perceptions? Instead of allowing Dr. Gilbertson's protocols to establish fairness, similar conditions and thoroughness for a custody evaluation, Judge Mayer actually scheduled a phone conference with the attorneys and let Deanne Dulas destroy Dr. Gilbertson's requested protocols, make up her own protocols and Judge Mayer issued Deanne Dulas' protocols in an order which further sabotaged the custody evaluation. Judge Mayer doesn't step on the professionals' toes, Judge Mayer stomps on the toes of the professionals he appointed, except not his dear friend Beth Harrington who he knowingly allowed to break state laws by refusing to provide her file when requested and ignoring discovery questions and court subpeonas from a lawyer. After Judge Mayer delays and stomps on the professionals' toes, he allows the custodian to control the therapists and block all child-father therapy since Jan. 2007.
The father paid the first bills of the first court reunification therapist in late 2006 to get the therapy going. The custodian refused to pay half as she was court ordered and so the therapist quit. Years later, the custodian refused to pay the second court reunification therapist Dr. Powers a single penny, this angered Dr. Powers and he quit too after only 2 visits with the children in 2 months and no father-child visits. The custodian made the rules and pressured Dr. Powers to keep the father out of therapy with the children, even though Dr. Powers repeatedly said that he wanted the father with the children. Dr. Powers failed to meet with the children individually to find out what was really going on. The custodian failed to bring the oldest child on the second visit. It is possible that the oldest child would have revealed the secrets out at that point. Regardless of payments, the custodian is fantastic at delaying and hysterical compulsive lying (as her psych scores show) to therapists and to children to prevent father-child therapy. But Judge Mayer and Beth Harrington ignored the custodian's psych test scores in the middle of the personality disorder range and inconsistency which indicate psych problems. The custodian repeatedly threatened the safety of the father and repeatedly lied to police to drive the father away. She destroyed his good relationships with his children, his finances, his top secret clearance, his job prospects, his livelihood and his emotions. And with Judge Mayer fueling her parental alienation all the way.
"Contaminated" is many times more serious than impartiality 'might' be 'questioned'?
4. Much earlier in 2006, the most experienced reasonable court expert appointed by Judge Mayer, who prefers some privacy, called Judge Michael Mayer, "a contaminated judge" and his actions "an abuse of power" and stated that Judge Mayer set up the father by ordering Beth Harrington as custody evaluator who would do exactly as Judge Mayer wants (cover up). Though Judge Mayer used 3 months to issue most of his orders (about 1.5 year of delay), Judge Mayer falsely accused the father of discovery delays to ban the father's financial professional from testifying and fined the father $28,000 (2009-02-11 pt 298) for repeatedly requesting evidentiary hearings which were denied by Judge Mayer breaking the law 158.175 and for delays from following the advice of this parental alienation expert to try to get a a new judge, evaluator and lawyer. Listen to the evidence attached. This was after 9 months of watching Judge Mayer's failures to reduce parental alienation, but instead enflaming alienation. This expert has a proven history of reunifying children with their fathers and detecting parental alienation. Judge Mayer rejected countless warnings and recommendations from this expert who was the only court expert on this case to be involved in the trenches, and on a day to day basis, working with both parents and children together. Only this expert and 2 pastors worked in the trenches with both parents and children and in close contact for more than a few visits. The rest of the court workers fired shots from their offices - leather chair quarterbacks, except attorney expeditor Eric Rehm who was appointed to make a high salary to observe a few exchanges and parenting time, and wrote good observations that Judge Mayer rejected too. Judge Mayer appointed his friend Beth Harrington to cover up exactly as he wanted.
And Judge Mayer was a career police prosecutor, last with the Eagan police department. He sponsors a golf party for them every year. Judge Mayer admitted that he was in contact with the Eagan police chief on this case. Judge Mayer was able to push his agenda and dirty work there too, to give the custodian and Judge Mayer exactly as they want, an anti-father police state. And the police chief failed to acknowledge warnings and recommendations in evidence documents from the court appointed experts, including psych test scores that the father sent to him. The police threatened the father that he dare not contact witnesses for an evidentiary hearing, yet the expert lying Deanne Dulas was allowed. The police called and threatened the father every time the custodian called police and told them hysterical lies, often making up court orders that didn't exist - no evidence is necessary for the Eagan police department to take action. They will plant false statements in the reports to cover up, and be proud of it. The senior Eagan police officer Linda Myhre says "Yep it is" OK for police to lie. (see audio attachment) The Eagan police department even made a written charge of harassment against the father for writing "Instructions are in Malachi 4" in an April 2007 email to the custodian. This was in response to the custodian denying parenting time for most of 3 months and then writing, "The judge did not discuss compensation time that I know of. I am waiting for instructions to follow." No words of the Bible were included in the email. Yes, it could have been left out of the email, but I pray that someday God will have a positive influence on people in this case. I'm not ashamed to share God's Word, which He commands us to do. Faith comes through hearing the Word. The custodian must have described in hysteria, or to a Christian hater in the Eagan police, to get such a bizarre prejudiced charge issued, calling a brief reference to God's Word harassment. If God's Word bothers you, then change your ways so you can be saved? As usual, the Eagan police never saw the evidence? but went by her hysteria? The custodian looked up the last verse of the Old Testament, which is a fitting warning for all times - Malachi 4:4 'He will turn the hearts of the fathers to their children, and the hearts of the children to their fathers; or else I will come and strike the land with a curse.'
5. It is also worth noting that in late 2006, after 9 months working in the trenches with the parents and observing the children, the 2 pastors and the church leaders of the custodian and her parents eventually cut through the endless lies and hysteria of the custodian and her parents and finally realized the truth and the severe parental alienation by the custodian and her parents. The custodian wouldn't allow the pastors to talk to the children for a year, even though they were church members, but the children's father did. All court workers were provided with (and ignored) evidence of the custodian's father's decades of history of destroying and cutting off relationships with his own family, especially in-laws. The custodian's father was the one who demanded divorce and sole control of the children. 1.5 years after a secret ambush filing for divorce and control of children, the fog of deception finally lifted and the 2 pastors and church leaders realized his role. Judge Mayer ignored the pastors' warnings to him in a court letter (2007-04-19) and in court testimony, and their recommendations for shared parenting.
By early 2007, the custodian and her parents quit the church body which tried to help them, in which they had been members for more than 50 years, and leader and school teacher, and continued on the path of severe parental alienation with Judge Mayer as their accomplice and the help of their next church congregation who are in the dark.
God is very wise? Although Judge Mayer advertises to be a liberal religious leader of youths, Judge Mayer violated religious tolerance by supporting a secret May 2006 hearing order and then issuing a court order (2007-01-27 pt 6e) that prevented
a) 1 Cor. 6, in which God commands true believers to resolve in the church the "disputes between believers" regarding "the things of this life!" If God's commands were followed, instead of back and forth with enormous delays, this wouldn't continue so long.
b) Matthew 18:15-17 which commands true believers to take their disputes to the church, bans secret hearings, commands that all parties be able to hear each other's arguments, with rebuttal and 2 or 3 witnesses (a jury) to establish facts. God is very wise?
Judge Mayer also prevented the father from hearing the custodian in the last two general court hearings 11/15/10 and 12/20/11 and denied the father rebuttal to Judge Mayer's false allegations in the last hearing. And through his court reporter denied a partial transcript and demanded $94 for an in forma pauperis transcript that should have been no charge for the secret part of the last hearing. By ignoring and refusing repeated requests, they delayed the 2012 appeal regarding the 3/10/11! 30 day! expedited process motion for another 5 months.
If only Judge Michael Mayer could put the needs of precious children above his goals of power and money.