JUDGE LORI CHRISTIAN: MY TWO COMPLAINTS TO THE JUDICIAL STANDARDS COMMISSION

MY SECOND LETTER…

To view a printable version of this second letter click here…

June 15, 2011

JUDICIAL STANDARDS COMMISSION
P.O. Box 1122
Raleigh, North Carolina 27602

          Re: 10CVD5477, 10CVD7386 and 10JA172-178

To whom it may concern:

Respectfully, I bring forth this complaint against Judge Lori Christian a District Court Judge in the Tenth Judicial District in the State of North Carolina.

This complaint is a follow-up to a complaint to one previously filed by me several month ago, with a change in circumstances, with new information, and with additional concerns.

On May 3^rd I Ronald Reale and my wife Debra Reale, appeared in courtroom 8B before Judge Lori Christian at 9:00am as ordered pursuant to Docket Number 10CVD5477.

During the hearing Judge Christian entered a Domestic Violence Protective Order (DVPO) against me Sua Sponte in a manner inconsistent with Due Process while violating my civil rights on multiple occasions, assigning a new Docket Number, 10CVD7386.

After 10 months of mounting a challenge against the entry of this order, it was ultimately set aside as void ab initio by Judge Christian on March 29, 2011 due to lack of Subject Matter Jurisdiction and subsequently lacking Personal Jurisdiction.  (Order attached)

In the absence of jurisdiction, Judge Christian clearly acted improperly and unlawfully during the hearing, by ordering that I be unlawfully detained in handcuffs and escorted to Bank of America by two deputies, in handcuffs, and was kept in handcuffs as I withdrew every penny from my personal bank account leaving $1.00 as a balance.  This order from Judge Christian was not only in the absence of jurisdiction but also was in the absence of any legal or otherwise judicial authority.   I was ordered to withdraw ALL but $1.00 from my account and surrender it to the court by threat of 30 days in jail.  At a minimum I consider these egregious actions by a District Court Judge to be a clear violation of my rights under Fourteenth Amendment to the United States Constitution.

Once again, in the absence of jurisdiction and continuing to act improperly and unlawfully; after the trip to the bank Judge Christian ordered I was to be held in handcuffs and later in a detention cell until 5pm without cause and without provocation.  There was no contempt order or any other supporting documentation.  Yet again, this order from Judge Christian was not only in the absence of jurisdiction but also was in the absence of any legal or otherwise judicial authority.  I was not provided any food, water and was without my diabetes medication during this unlawful incarceration from approximately 9am to 5pm.  At a minimum I consider these egregious actions by a District Court Judge to be a clear violation of my rights under the Eighth and Fourteenth Amendments to the United States Constitution.

The entry and very existence of the DVPO was the basis for a petition filed by Wake County Human Services (CPS) against myself and my wife Debra.  Approximately six weeks after the entry of the DVPO my wife Debra contacted me and we began the reunification process by re-establishing our family residence and seeking a marriage counselor.  On or about June 22, 2010, Wake County Human Services received a call from a disgruntled family member complaining about a violation of the protective order.  Alleging a violation of a protective order, WCHS filed a petition for removal of our seven minor children. 

On June 23, 2010 our seven minor children TRB, SRR, MRR, HMR, SMR, JRR, and BRR were taken into custody by Wake County Human Services and removed from the custody of me and my wife Debra.  It was alleged that both Debra and I had violated the Domestic Violence Protective Order entered on May 3, 2010.  Alleging neglect, the Order for Non-Secure Custody and Notice entered on June 23, 2010 by Judge Eric Chasse granted non-secure custody to the Wake County Department of Human Services.  This resulted in a finding of neglect in a subsequent adjudication hearing held on August 26, 2010.  An Order on Adjudication and Disposition was entered by Judge Monica Bousman on September 3, 2010.

While pursuing justice in the DVPO matter I prepared a Motion to Set Aside the Domestic Violence Protective Order, pro se, and later hired an attorney to present my motion to the court on March 16, 2011.  Judge Christian heard the motion on March 16, 2011 but decided to delay her decision until two weeks later setting a hearing for ruling for March 29, 2011; effectively continuing to violate my Constitutional Rights by and through the existence of this unlawful order.

In the interim, it came to my attention that Judge Christian had inappropriate Ex Parte communication with Judge Bousman who was presiding over 10JA172-178.  This communication whereby the judges discussed the two cases occurred on March 28, 2011 (according to Judge Bousman’s affidavit).  Judge Christian had not yet presented her ruling in open court in 10CVD7386 as the hearing was not set until March 29, 2011.  Furthermore, I had a pending Motion to Set Aside the Order on Adjudication and Disposition before Judge Bousman in case number 10JA172-178, which was set for March 31, 2011 (3 days after the Ex Parte communication took place).  This motion was based on my contention that the DVPO is void and therefore the Order on Adjudication is also void.  Clearly the cases were intermingled and any communication between these two judges would absolutely be prohibited and absolutely violates Cannon 3 of the North Carolina Judicial Code of Conduct.

I believe that these egregious violation of my rights and the rights of my family may be addressed as a deprivation of rights pursuant to 42 U.S.C. § 1983.  I further assert that Judge Christian was in fact, acting under the authority or color of state law at the time these events occurred in that while in her official capacity as the District Court Judge in case numbers 10CVD7386 and 10CVD5477; and that her judicial immunity is defeated when, “though judicial in nature,” her acts are “taken in complete absence of jurisdiction,” Mireles v. Waco (991).  Judge Christian’s acts also raise the questions as to criminal acts under 18 U.S.C.A § 242, for willful deprivation of Constitutional Rights.

In conclusion, I respectfully request that Judge Christian’s actions with regard to case numbers 10CVD5477, 10CVD7386, and 10JA172-178 be fully and completely investigated by this commission and that appropriate action be taken as is deemed appropriate by this commission.

                                                                                         Ron Reale, Respondent Father

MY FIRST LETTER

To view a printable version of this first letter below click here…

February 04, 2011

JUDICIAL STANDARDS COMMISSION
P.O. Box 1122
Raleigh, North Carolina 27602

            Re: 10CVD7386

To whom it may concern:

Respectfully, I bring forth this complaint against Judge Lori Christian a District Court Judge in the Tenth Judicial District in the State of North Carolina.

On May 3^rd I, Ronald Reale and my wife, Debra Reale, appeared in courtroom 8B before Judge Lori Christian at 9:00am as ordered pursuant to Docket Number 10CVD5477.  In 10CVD5477 I was the plaintiff in my Motion for Emergency Custody of my 7 minor children that was originally filed with the Clerk of the Court on March 29, 2010.   On March 29, 2010 at 9:00am in 10CVD5477 an Ex Parte Emergency Custody Order was issued by Judge Christian stating in part, that I shall have temporary custody of my 7 minor children.  On April 5, 2010 at 9:00am an amended Ex Parte Emergency Custody Order was issued stating in part, that I shall have immediate sole temporary physical and legal custody of my 7 minor children and my wife must immediately surrender the minor children to me.

My motion for custody in 10CVD5477 stated in part that my wife had left the state of North Carolina with our 7 minor children on March 8, 2010 due to marital differences without notifying me to avoid jurisdiction.   She took herself and our children to the state of California.  While in California, She obtained a Temporary Restraining Order, docket CASWD020638, preventing me from executing my North Carolina Emergency Custody Order.  Without the proper jurisdiction a California Commissioner issued a Temporary Restraining Order.  I, my wife, and each of our 7 minor children are all residents of Wake County, North Carolina.  My wife was ultimately ordered by Judge Lori Christian to return to North Carolina with our 7 children during a telephone hearing that took place between California and North Carolina on April 15, 2010; and to appear before her on May 3, 2010 at 9:00am for a temporary custody hearing.  The California case was dismissed due to lack of jurisdiction.

On May 3, 2010 in 10CVD5477, the Honorable Judge Lori Christian initiated, and issued a Domestic Violence Protective Order (DVPO) against me in a manner inconsistent with Due Process while violating my civil rights on multiple occasions, assigning a new Docket Number, 10CVD7386.  My wife never filed a motion nor any other request for a DVPO pursuant to N.C.G.S §50B-2; N.C.G.S §50B-2 (a) states the following: “any person residing in this State may seek relief under this Chapter by filing a civil action or by filing a motion in any existing action filed under Chapter 50 of the General Statutes alleging acts of domestic violence against himself or herself or a minor child who resides with or is in the custody of such person.  Any aggrieved party entitled to relief under this Chapter may file a civil action and proceed pro se, without the assistance of legal counsel.  The district court division of the General Court of Justice shall have original jurisdiction over actions instituted under this Chapter.  Any action for a domestic violence protective order requires that a summons be issued and served. The summons issued pursuant to this Chapter shall require the defendant to answer within 10 days of the date of service.  Attachments to the summons shall include the complaint, notice of hearing, any temporary or ex parte order that has been issued, and other papers through the appropriate law enforcement agency where the defendant is to be served.” There was never any attempt to serve me with any documentation or complaint of any kind as no motion had been prepared nor presented at any time.

At the start of the hearing the judge made the following statement; “So, I think it is appropriate for this to be both a hearing related to the domestic violence issue, because I’ve still got that ex-parte domestic violence issue out there from California, as well as I have to resolve the custody issue as it relates to Wake County.  Okay?”  Once again, the California issue (TRO) had been dismissed due to lack of jurisdiction, in fact “full faith and credit” did not even apply nor does a court in the state of North Carolina or any other state have the right or the jurisdiction to make another state’s temporary order permanent.  Title 18 U.S.C. § 2265(a) states in part; “Full Faith and Credit – Any protection order issued that is consistent with subsection (b) of this section by the court of one State (the issuing State) shall be accorded full faith and credit by the court of another State (the enforcing State) and enforced by the court and law enforcement personnel of the other State as if it were the order of the enforcing State;”  (b) states in part, “Protection Order - A protection order issued by a State is consistent with this subsection if (1) such court has jurisdiction over the parties and matter under the law of such State (the issuing state).”  I responded to the judges statements regarding the alleged domestic violence by stating; “I do not intend to make myself heard on the protective order.”  Soon after Judge Christian asked; “Okay, are you conceding that there should be a domestic violence order against you?”  I then responded; “No, I am not conceding to that.  I am not going to be heard on that.”

Furthermore, due process was additionally ignored with regard to Judge Christian holding the hearing on both the “alleged domestic violence” and the “custody issue” as she put it, especially without a request by my wife, or for that matter in the absence of any documentation on the matter whatsoever; this is a violation of the Tenth Judicial District Family Court Rules for Domestic Court which addresses that by combining the chapter 50 action with the chapter 50B action, Judge Christian violated Rule 18.4 as follows:

“18.4 Previously Pending Chapter 50 Actions: When an action has been filed under Chapter 50 and a subsequent action is filed under Chapter 50B… the FCCC must add the hearing to the assigned Judge’s calendar to be heard within a reasonable time. The only issues to be heard shall be those raised in the Chapter 50B action.”

Judge Christian also acted improperly during the temporary custody hearing whereby I was unlawfully detained in handcuffs, by order of the court, and escorted to Bank of America by two deputies, in handcuffs, and was kept in handcuffs as I withdrew every penny from my personal bank account leaving $1.00 as a balance, also by order of the court.  This, after I just presented to the court, a voluntary child support agreement in the amount of $1,408 per month plus an additional $400 for my wife’s truck payment and insurance, totaling $1,808.  I was ordered to withdraw ALL but $1.00 from my account and surrender it to the court by threat of 30 days in jail.  There was no child support order in place at this time nor was there any appropriate reason to order this seizing of funds from my own personal account.  This was ordered without cause and without provocation and in violation of my civil rights.  In fact the entire hearing/proceeding was in violation of Due Process on many levels and should be generally considered improper, even unlawful and produced void, unenforceable orders.

This hearing took place on Monday May 3, 2010.  During my opening statement I offered in part; “I also have prepared… a voluntary child support order which I understand is only voluntary if the two of us agree to the child support order.”  Judge Christian responded, “Okay Mr. Reale do you have a proposed child support order of an amount you want to pay?  Are you proposing to pay a certain amount in child support?  What is that amount?”  I responded; “$1,408 a month, $650 bi-weekly.”  Judge Christian stated, “You have stipulated that you are going to pay $1,408 a month.”  In a later exchange regarding child support Judge Christian asked; “Are you paying her today?”  I responded; “No, on Saturday.”  Judge Christian then asked; “And why is it you can’t pay her today?”  I responded; “I don’t have the money.”  From there, the following exchange took place…

Judge:  When do you get paid, and Mr. Reale, you are under oath?  When is it you get paid?

Mr. Reale: Saturday.

Judge:  Mr. Reale, how frequently do you get paid?

Mr. Reale: Direct deposit on Saturday.

Judge:  Mr. Reale, how frequently are you paid?

Mr. Reale: Bi-weekly.

Judge: Bi-weekly, so have you been paid in the last week, Mr. Reale?  If I recall correctly, you left the apartment, is that right?

Mr. Reale: It was a house, yes.

Judge:  And you didn’t pay it, is that correct?

Mr. Reale: No, I did pay it.  I spent $4,000 since she left; it’s all gone.

Judge:  Mr. Reale, you spent $4,000 where?

Mr. Reale: $400.00 to move, $100.00 to clean up, $300.00 for the housecleaning, $1700 to move into my new location, $1000 on legal documents.

Judge:  A thousand on what legal documents, Mr. Reale?

Mr. Reale: All the documents that I had drawn up for the ex-parte, emergency custody motion.  I made a truck payment, which she has, which I would like to continue paying, and then $100.00 insurance.

Judge:  This court makes a finding that Mr. Reale is controlling; that Mr. Reale wants to control this situation; that Mr. Reale has been less than truthful about this issue; that Mr. Reale has utilized this court to drag these children back from California to the State of North Carolina, only to sit there and not put on a defense; only to sit there and say that he doesn’t want anything with regards to the children other than to see them; that this court is very frustrated with Mr. Reale.  And that, Mr. Reale, this court is ordering you to go, – which bank do you bank at, Mr. Reale?

Mr. Reale: Bank of America.

Judge:  And Mr. Reale, you don’t have absolutely any money in that account?

Mr. Reale: Under $200.00.

Judge: Mr. Deputy, can you get Sergeant Baker to get a deputy to escort this gentleman down to the bank of – is it Bank of America?

Mr. Reale: Yes

Judge:  And you are going to request in front of the deputy a balance on that account, and every penny that’s in there, you’re going to take out and you’re going to take out and you’re going to bring back here and you’re going to come up here, and the court is going to ask one of the social workers to stay in this courtroom and get that money, and that money is to go to those six children.  And Mr. Reale, you are under oath.  If you have more than $200.00 in there, I am going to put you in jail for 30 days.  So this is your chance to tell me whether you have more than $200.00 or not.

Mr. Reale: I have $272.00, but there’s a $75.00 payment that’s due to come out today.  So that’s under $200.00.  I can’t pull the whole $200.00.

Judge:  Mr. Reale, you will pull the whole $200.00.

Mr. Reale: I can’t.  If I do, it will overdraw.

Judge: Mr. Reale, do I look like I care?

Mr. Reale: She took $1,500.00…. (Plaintiff)

Judge: MR. REALE!!  Mr. Reale, you’re only answering my questions, and I don’t have any questions about her.  I don’t care if you overdraw that account.  You will take every penny that you have.

A few minutes later Judge Christian stated; “You sit there, Mr. Reale, I will get somebody to escort you down.  If you don’t withdraw everything other than $1.00 from that account, I’m going to hold you in criminal contempt and I’m going to put you in jail. Okay?  I’m not going to make you decide right now, because you have plenty of time when we get this DVPO done.  But I promise you, that’s what’s going to happen.  And you can make the decision today whether you want to go to jail for 30 days, or you want to give her that money?”  The judge continued by addressing my wife by stating the following; “We are going to walk him over – is Bank of America downtown?  We are going to walk him over, and if it needs to be in handcuffs… Mr. Reale, it will be in handcuffs, to get as much money as he has in his account, and get it out and get it to you.”

Once again, acting improperly, after the trip to the bank, Judge Christian ordered I was to be heldin handcuffs and later in a detention cell until 5pm, again, without cause and without provocation.  There was no contempt order or any other supporting documentation.  I requested a copy of any documentation as to the reason for my detention.  I was later given a document titled, “Conditions of Release and Release Order” (attached).  The following was hand written under offenses simply stated; “Defendant in custody until 5pm on 5/3/2010” and was signed by Judge Christian.  There was no reason noted, in fact, no other writing whatsoever other than the judge’s signature and date.  I was not provided any food, water and was without my diabetes medication during this incarceration.

During my opening statement I stated in part; “I am making no claim to custody and/or visitation.”  Judge Christian responded, “So you don’t want custody or visitation.”  Judge Christian later stated; “Mr. Reale, I quite frankly don’t care whether you participate or not participate at this time.  You’ve stipulated that you don’t care where these children are.”  I quickly responded; “I do care where they are.  I’m not going to contest where they go.  I do want to communicate with the children if I could.  All I am saying is that I do want contact with the children, if nothing else, by phone.  But where she lives and what she needs to have the space that she needs to figure out what she really wants to do is what I am trying to offer.”  The judge also asked; “So, Mr. Reale, why was it so urgent that you were willing to fly out to Utah to pick them up?  What was so urgent that you needed to fly out there and get them that does not exist today?”  I responded; “What was urgent, Judge, is that I know where they are, I know they were Okay.”  The Judge then stated; “Mr. Reale, I suggest you be quiet before I lock you up and hold you in contempt for lying to this court.”  Later, toward the end of the hearing (approximately 11:00am), Judge Christian stated to my wife; “Okay, I’m ordering him to stay in this courtroom.  Are you going to leave within the next hour?”  My wife responded; “Yes, ma’am.”  The Judged then stated; “Okay, I’m ordering him to stay in this courtroom, Mr. Deputy.  He can sit right up in this seat up here until five o’clock.”  This was absolutely unnecessary on many levels.  My wife had just stated she was leaving the area in 1 hour, I was well aware of her location for the past 2 months and never even made a single effort to contact her but through the North Carolina court system, and by my own opening statements I was clear that I wanted her to have the space she needed to make clear decisions.  I made it very clear in my opening statements and throughout the hearing that I was not a threat to my wife or our children, and that I had absolutely no intention of interfering with their efforts to leave the area.  There was no cause, contempt order, nor any other provocation to warrant such action.  I was moved from the courtroom at 12:00 noon to a holding cell in the basement of the courthouse until 5pm.

As evidenced in the transcript of these proceedings Judge Christian never inquired as to service of process on either party, either as to CVD5477 or the newly created 10CVD7386.  There was none.  Judge Christian never even allowed me to present my original motion (the original purpose of the hearing).  As a result, the hearing and any evidence presented was one-sided to say the least.  My wife did not even testify nor did she question any witnesses.  As evidenced by the transcript, the judge asked all the questions, effectively acting on behalf of my wife (as her attorney).  At the start of the hearing the judge made it clear that social services would be called to testify stating;  “And I’ll tell you right off the bat, I need to hear from social services, okay?”  (a judge calling her own witnesses?)  “I will try to let you all do the questioning and do whatever it is you need to do.  But if at some point I feel like there’s something from social services that I’m not getting, then I will ask some questions,” again acting as counsel for my wife.  The transcript clearly shows a pattern of Judge Christian acting in a manner of a prosecutor and rarely a presiding Judge.

I have lost all faith and trust in the court system, not to mention that I believe there is NO possibility of being treated fairly, much less impartially in any court after this experience.  I walked into Judge Christian’s courtroom with an order for emergency custody of my kids in my possession, and I walked out only after being unlawfully escorted to Bank of America to drain my bank account, unlawfully detained from 12pm to 5pm in a jail cell, and with a DVPO entered against my unlawfully and without the benefit of Due Process.

It should also be noted that prior to her current appointment Judge Christian was a County attorney for Wake County Human Services (CPS) and seemed very much to be making her decisions in this case from bias.  All allegations cited in this letter pertaining to the actions of Judge Lori Christian and others can be corroborated by the court record and transcript (attached) form the hearing held on May 3, 2010 in courtroom 8B, Docket numbers 10CVD5477 and 10CVD7386.

Ron Reale, Respondent Father