Editor’s note: this item originally published on PutnamLIVE. For further updates on this story of an out-of-control judiciary seeking to silence journalists exposing corrupt and incompetent judges in West Virginia see Chris Dickerson’s reporting in the West Virginia Record, and earlier stories on AVfM including the story West Virginia Family Court corruption and incompetence, the story Judge Michael J. Kelly conflict of interest, and the story West Virginia harassing father & publisher. Expect to hear more updates on this story as one father with virtually no resources fearlessly takes on the entire West Virginia judiciary by himself, all for his son’s right to have a father.
Hatcher Dismisses Kelly Suit
Falsely Says Critical Legal Filing Wasn’t Made
In the latest case of the corrupt West Virginia court system protecting bad judges, a lawsuit against Kanawha County Family Court Judge filed by PutnamLIVE.com’s Publisher, Mark Hallburn, has been dismissed by specially appointed Circuit Judge John Hatcher, Jr.
Michael J. Kelly
“First every Kanawha County Judge recused themselves from the case, delaying justice and protecting Kelly,” says Hallburn. “Then Hatcher refused to hold a hearing-further protecting Kelly.”
Finally, Hatcher dismissed the case falsely stating that Hallburn failed to file Points of Law in response to a Motion To Dismiss on Behalf of Defendant Michael J. Kelly.
However, as you can see by the document above, Hallburn clearly filed the response on July 23rd, 2013, in Kanawha Circuit Court, one day prior to Hatcher’s self-imposed deadline.
“Hatcher is a liar that is abusing his authority to protect Kelly,” says Hallburn, who has sent a complaint to Supreme Court Administrator Steven D. Canterbury. “The document was filed in the court and mailed to Hatcher’s office. He and Kelly need to be removed from the bench. Judgment in my favor. Close the case and send these judges to prison. West Virginians deserve a clean and ethical court system. They don’t have that now.”
Hallburn filed the lawsuit because Kelly refused to let his son, Matthew, visit Mark’s mother, Nancy, when she became terminally ill, in 2012.
Kelly lied and said Hallburn didn’t file a required budget, and medical documents, then admitted that he’d received them in an August order, including this Hospice admission form.
“Kelly lied and the courts are protecting him,” says Hallburn. “They lost the budget, but it was re-filed. He lied about it. Now Hatcher is saying I didn’t file the document. It’s in the court file, we have it stamped ‘received’ in black and white.”