1 IN THE UNITED STATES DISTRICT COURT NEW HAMPSHIRECHRISTOPHER KING, J.D. ) a/k/a KINGCAST.NET, ) CASE NO. 2010-CV-501 Plaintiff-Petitioner, v. ) JUDGE PAUL BARBADORO FRIENDS OF KELLY AYOTTE, et al., ) MAGISTRAT E LANDYA McCAFFERT Y Defendants. PLAINTIFF·S MOTION FOR RECONSIDERATION ON DENIAL OF 28 U.S.C. §455 MOTION FOR RECUSAL AND REQUEST FOR EVIDENTIARY HEARING Now comes Plaintiff to respectfully request reconsideration from the 13 July, 2001 Order Denying Plaintiff·s Motion for Recusal of Judge McCafferty, who worked under lead counsel Jack Middleton and next to second chair Jennifer Parent, all of whom worked for McLane, Graf as did Defendant Ayotte. The Court·s terse Order did not employ any analysis of the issues at hand and did not reference First Circuit Decisional law or the clear-cut ethica l standard in New Hampshire, or Magistrate McCafferty·s own actions. Moreover the notion that Plaintiff·s Motion is ´Entirely without meritµ flies in the face of Decisional Law in the First Circuit. The Court avoided any analysis of the issues in writing: ENDORSED ORDER denying [84] Motion for Recusal of Magistrate Judge. Text ofOrder: The motion to recuse the Magistrate judge is utterly without merit and is denied. All other pending motions in this case are referred to the Magistrate Judge So Ordered by Judge Paul J. Barbadoro. However, as Plaintiff previously noted: I. Decisional Law Be that as it may the totality of contacts is indeed, striking and substantial and it is ALL extrajudicial. Ex parte City of Dothan Pers. Bd., 831 So. 2d 1 (2002). Recusal is mandated in the First Circuit: United States v. Mavroules, 798 F. Supp. 61 (1992).(Old association 20+ years ago) OVERVIEW: The court granted the government's motion for recusal despite the fact that the judge's contacts with both sides of the case raised no issues of bias or prejudice; the court wished to avoid even a shadow of a doubt as to the fairness of the process. Much more on this in Section III C, infra. The lawyers under whom Judge McCafferty once worked donated at least $9,700.00 to Friends of Kelly Ayotte, with both counsel in this case providing 50%
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8/6/2019 KingCast v. Ayotte, GOP, Nashua PD Magistrate McCafferty 28 U.S.C. §455 Recusal Motion for Reconsideration.
CHRISTOPHER KING, J.D. )a/k/a KINGCAST.NET, ) CASE NO. 2010-CV-501
Plaintiff-Petitioner,
v. ) JUDGE PAUL BARBADORO
FRIENDS OF KELLY AYOTTE, et al., ) MAGISTRATE LANDYA McCAFFERTYDefendants.
PLAINTIFF·S MOTION FOR RECONSIDERATIONON DENIAL OF 28 U.S.C. §455 MOTION FOR RECUSAL
AND REQUEST FOR EVIDENTIARY HEARING
Now comes Plaintiff to respectfully request reconsideration from the 13 July, 2001
Order Denying Plaintiff·s Motion for Recusal of Judge McCafferty, who worked under lead
counsel Jack Middleton and next to second chair Jennifer Parent, all of whom worked for
McLane, Graf as did Defendant Ayotte.
The Court·s terse Order did not employ any analysis of the issues at hand and did
not reference First Circuit Decisional law or the clear-cut ethical standard in New
Hampshire, or Magistrate McCafferty·s own actions. Moreover the notion that Plaintiff·s
Motion is ´Entirely without meritµ flies in the face of Decisional Law in the First Circuit.
The Court avoided any analysis of the issues in writing:
ENDORSED ORDER denying [84] Motion for Recusal of Magistrate Judge.Text of
Order: The motion to recuse the Magistrate judge is utterly without merit and isdenied. All other pending motions in this case are referred to the MagistrateJudge So Ordered by Judge Paul J. Barbadoro.
However, as Plaintiff previously noted:
I. Decisional Law
Be that as it may the totality of contacts is indeed, striking and substantial and it is
ALL extrajudicial. Ex parte City of Dothan Pers. Bd ., 831 So. 2d 1 (2002). Recusal is
mandated in the First Circuit: U nited States v. Mavroules, 798 F. Supp. 61 (1992).(Old association 20+ years ago)
OVERVIEW: The court granted the government's motion for recusal despite thefact that the judge's contacts with both sides of the case raised no issues of biasor prejudice; the court wished to avoid even a shadow of a doubt as to thefairness of the process. Much more on this in Section III C, infra.
The lawyers under whom Judge McCafferty once worked donated at least
$9,700.00 to Friends of Kelly Ayotte, with both counsel in this case providing 50%
8/6/2019 KingCast v. Ayotte, GOP, Nashua PD Magistrate McCafferty 28 U.S.C. §455 Recusal Motion for Reconsideration.
of that total.1 Plaintiff omits the balance of his arguments on this section but
reasserts that they are all indeed relevant and preserved for the Record as is the
organization chart showing the relationship between the Defense Counsel,
Magistrate McCafferty and Plaintiff:
1 That total is assembled through public records, but does not disclose the amounts given byprivate individuals who may have worked for McLane, Graf on prior occasion.
8/6/2019 KingCast v. Ayotte, GOP, Nashua PD Magistrate McCafferty 28 U.S.C. §455 Recusal Motion for Reconsideration.
ADVISORY COMMITTEE ON JUDICIAL ETHICS - DOCKET NUMBER: 2002-ACJE-0
Canon 2 of the Code of Judicial Conduct generally requires a judge to ´avoid improprietyand the appearance of improprietyµ in all endeavors. Canon 3 of the Code of JudicialConduct further requires a judge to perform duties impartially. Canon 3E mandates self-disqualification when "the judge's impartiality might reasonably be questioned.«" Theperspective for assessing reasonableness is not that of the judge, but a "disinterestedperson fully informed of the facts.«" Canon 3E, Comment. See also Blaisdell v. City of Rochester , 135 N.H. 589, 593 (1992). The purposes of the ethical requirement and thirdparty standard are to insure unbiased judicial decisions and promote "public confidence"in the integrity of the judicial system. Id.
As Plaintiff aptly noted in his briefings, which cited the above passage, everyoneinvolved in this case has litigated Federal Cases and every one of us has heard Judges
disclose any and all potential working relationships that might in any way provide a
neutral observer to question impartiality.
If Magistrate McCafferty had worked at McLane, Graf and Senator Ayotte had never
even worked there she owed a duty to disclose this information; the fact that Defendant
Ayotte did in fact work there compounds the violation.
III. Referrals and support from Jack Middleton.It strains credibility to believe that lead counsel Jack Middleton did not directly
offer written support for Magistrate McCafferty·s Ascension to the Bench, and that sort of
support would of course definitely cause a neutral observer to question partiality. But
without any evidentiary or testimonial review the Plaintiff and reviewing court are left in
the dark and that brings into question the integrity of the Judicial Process.
8/6/2019 KingCast v. Ayotte, GOP, Nashua PD Magistrate McCafferty 28 U.S.C. §455 Recusal Motion for Reconsideration.
