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Letter to New Jersey Surrogate 
Judge Theodore N. Stephens



April 2 2012


Hon. Theodore N. Stephens

Attorney Edward Kenlan Jr.,

Counsel Superior Court

Essex County Surrogate's Court

Hall of Records Room 206

Newark New Jersey 07102


Glen Grant, Acting Court Administrator

Judge Walter Koprowski Jr.

Judge Alan B. Handler

Judge James R. Zazzali

Edward J. Dauber

John J. Farmer, Jr.

Theresa M. Kluck

Alice Olick

Richard W. Roper

M. Karen Thompson

John A. Tonelli

Diedre M. Naughton, Counsel

Louis H. Taranto

Jennifer M. Endrzejewski


Woodlands Nursing Home

New Jersey Health and Human Services

Plainfield Medicaid Office

Samuel Pica

Savio Figaro

Marlin Lakes Realty

Acre Mortgage


Via Fax 973-621-4064 and US Mail


IMO Robert Johnson

CP-0136-2009



Addendum to the Oct 2011 Received Claim for Damages Against

New Jersey Superior Court and Essex County Surrogate Court


This letter is a response to the March 8 2012 letter from Judge Theodore N. Stephens, II, County Surrogate, written by Edward Kenlan, Jr., Superior Court Counsel.


This letter is not meant to be a resolution to any claims for damages. I reserve the right to modify, amend, or edit this letter at any time. This letter is also not intended to be a waiver of any other remedies under law available to me.

 


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This letter is an addendum and shall add to the Oct 2011 received by you claim for damages, if not already added, the names in the address to above; and New Jersey Essex County Surrogate Court, New Jersey Superior Court, Judge Walter Koprowski, Jr., Vanessa D. Taylor, for joint and several liability, actual fraud, actual malice, fraudulent concealment of evidence, crime, and willful misconduct, in their duties and under the color of law, and as individuals, and actions occurring outside the scope of employment; $ [amount redacted]  compensatory damages and $ [amount redacted]  punitive damages; declarative relief, injunctive relief.

 

" New Jersey Superior Court, Judge Walter Koprowski, Jr., Vanessa D. Taylor, for joint and several liability, actual fraud, actual malice, fraudulent concealment of evidence, crime, and willful misconduct "


I address three issues mentioned in your letter as well as your attached evidentiary letters from the Surrogate.


  1. You have returned to me documents sent to the court comprising appellate documents. Noted.

  2. You have included your letter the December 16 2011 that mentions the March 28 2011 Order and July 13 2011 Orders. This verifies the December 16 2011 letter and the orders it mentions are part of the Oct 2011 received by you claim for damages. You again mention those orders in your March 8 2012 letter. I remind you that those orders were

        a. denial of access to the court to me

        b. denial of fair and full opportunity to be heard to me

                              c. actual fraud, actual malice, crime, and willful misconduct of the Judge

                              d. failure to comply with applicable local rules and case law

                               e. absence of fact or law in support

                               f. fraudulent concealment of evidence

                              g. conspiracy to commit unjust enrichment

                               h. malpractice

                               I. breach of contract                            

                               j. lack of subject matter jurisdiction

                               k. civil rights violations

Your adherence to those unlawful orders indicates your continued denial of my access to the court , abuse of process, fraudulent concealment of evidence, and willful misconduct:


When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost. Rankin v. Howard, (1980) 633 F.2d 844, cert den. Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326.


When a judicial officer acts entirely without jurisdiction or without compliance with jurisdiction requisites he may be held civilly liable for abuse of process even though his act involved a decision made in good faith, that he had jurisdiction. State use of Little v. U.S. Fidelity & Guaranty Co., 217 Miss. 576, 64 So. 2d 697.


"Federal tort law: judges cannot invoke judicial immunity for acts that violate litigants civil rights; Robert Craig Waters. Tort & Insurance Law Journal, Spr. 1986 21 n3, p509-516"



In addition, the Surrogate court filed the Opposition to the Sale of Property and my Motion for Stay thus waiving the attorney fees you are alleging, and abandoning that unlawful claim for fees. As the fees are alleged in the Taylor complaint to sell the property, and you attempt to get the fees out of the indigent me, your action represents unlawful conspiracy to commit unjust enrichment.


3. The court has a problem complying with the request for the docket case index. Whatever name I call it, you are aware of what it is. The Superior Court clerk wrote that you have the document. I have copies of the SASE forwarded to you as well as the fees. You have failed to respond in a prompt manner. Below the local rules mention the word "indices", "dockets" and "guardianship index" so please forward me without further delay a copy of the list kept by the court of the documents etc. filed with the court. I note that you returned the SASE to me. Providing the docket index case history indices is not intended as a resolution of any damages that have occurred.

 

"Federal tort law: judges cannot invoke judicial immunity

for acts that violate litigants civil rights"


1:38-2. Definition of Court Records

  • (a) Court record includes:

    • (1) any information maintained by a court in any form in connection with a case or judicial proceeding, including but not limited to pleadings, motions, briefs and their respective attachments, evidentiary exhibits, indices, calendars, and dockets;

    • (2) any order, judgment, opinion, or decree related to a judicial proceeding;

    • (3) any official transcript or recording of a public judicial proceeding, in any form;

    • (4) any information in a computerized case management system created or prepared by the court in connection with a case or judicial proceeding;

    • (5) any record made or maintained by a Surrogate as a judicial officer.

(e) Guardianship records and reports maintained by the Surrogate and by the Chancery Division, Probate Part, except the guardianship index, of which only the following information shall be available for public access: (1) minor's or incapacitated person's name, (2) name of the municipality where the minor or incapacitated person resided when the guardianship was created, (3) name of the guardian, (4) docket number, (5) date of the judgment appointing the guardian, and (6) date of the guardian's qualification.

  • All guardianship records and reports, however, are available to the incapacitated person and the minor upon reaching majority; the incapacitated person's spouse, civil union partner, or domestic partner; the minor's or incapacitated person's parents and siblings; any adult children of the incapacitated person; the guardian appointed in the action; and any attorneys appearing in the guardianship action on behalf of these persons.

  • Further, any person may inspect and copy the following guardianship file documents:  the guardianship judgment, the Letters of Guardianship, and any subsequent order dealing with the powers or limitations of the guardian, provided any financial information contained in these documents, including information on the amount of the bond, is reacted prior to the documents being made available for review or copying.  Any individual or entity seeking other records must demonstrate before a Superior Court judge a special interest in the matter. 

The claim is now  $ [redacted in compensatory damages, and $ [redacted]  in punitive damages.



Sincerely,

[Next of kin to Robert Johnson]


c: James Boutillier

    Shawnda N. Floyd

    Lawrence E. Meyerson

    Vanessa D. Johnson Taylor

[This letter is redacted. Bold headings do not appear in the original]

 


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| Others on the Judge | Advisory Committee Judicial Conduct | Recusal Request | Judge Koprowski Oath | Conduct Complaints | Support Removal of Judge | Kiss my Butt | The January 13 2012 Hearing | Letters to Surrogate Stephens |
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