No. 21-6303

C. K. J. v. M. J. T.

Lower Court: Pennsylvania
Docketed: 2021-11-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure constitutional-rights custody-proceedings due-process judicial-immunity judicial-misconduct judicial-recusal protective-orders recusal standing
Latest Conference: 2022-01-14
Question Presented (from Petition)

1. Is it a violation of the Constitution for a judge to evaluate their own judge recusal and if they do should the case be vacated?

2. Is it unconstitutional that the State of Pennsylvania or any State not allow evidence to be entered at the Superior Court or Supreme Court Level and relies solely on the lower court 's record?

3. Is it unconstitutional for a judge to assign a lawyer, in Pennsylvania a Guardian Ad Litem, to a child and for there to be no review or complaint board or a way for the child to ask for a new lawyer to represent their choice and their voice?

4. Is it unconstitutional for a Protection from Abuse Order or similar protective order, whether temporary or final, to be lifted, amended, or in any way limited to allow custody, a custodial arrangement, or a custody order to be made or adjusted to allow the named abuser to gain custody or exercise custodial rights?

5. Should it ever be lawful for a judge to deem the need to protect from domestic violence as parental or familial alienation ever?

6. Is it unconstitutional for the State of Pennsylvania, or any state, to require a referral to the Attorney General, such as from a District Attorney or State Trooper, and not allow a citizen to file a complaint even in the event of an emergency?

8. Any Judicial Misconduct violates the Constitution and therefore should vacate the case(s) affected?

9. Superior/Supreme court should be answered in county opposing jurisdictions to safeguard against corruption?

10. Protection Orders, Restraining Orders, Injunctions, or similar protective Order being superseded for any reason, even custody, is unconstitutional?

11. Does G.B. v. 670 A.2d 714 allow for abuse of power and is it unconstitutional?

12. Is it unconstitutional to allow the Judge to decide if a Child Advocate is allowed presence in a Custody Hearing or to allow a Judge to force a party to use a particular guardian ad litem, doctor, or other type of legal or medical personnel and not have the choice to choose another instead?

13. Genovese v. Genovese, 550 A.2d 1021 (Pa. Super 1988), Is the improper loss of a child through change of custody a sanction and is that not unconstitutional?

14. Is it unconstitutional for a Judge to make medical assumptions or form opinions outside that of a Doctor 's written report or doctor 's recommendation and still be covered under judicial immunity and/or forjudge to not allow 2nd opinions and/or all medical opinions on said matter to be considered and entered?

15. Is it unconstitutional to have custodial arrangements that are grossly unequal when there is no danger present to the child and both parents have the ability to care for the everyday needs of the child?

16. Is it unconstitutional to not require a risk assessment on all parties with any arrest or history of domestic violence or child abuse in custody proceedings?

17. Is it unconstitutional for Pennsylvania Superior and/or Supreme Court to refuse to read or limit its ability to review transcriptional record?

18. Is it unconstitutional to hold pro se clients or clients acting on their own behalf to the same standards as other attorneys and not be given room for error in all filings?

19. Is it unconstitutional that in custody cases in Pennsylvania a parent is not always awarded a lawyer if they do not already have one before a custody case can proceed forward or be forced to represent themselves?

20. Is it unconstitutional for a Judge to deem the nee

Question Presented (AI Summary)

Is it a violation of the Constitution for a judge to evaluate their own judge recusal and if they do should the case be vacated?

Docket Entries

2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-12-03
Waiver of right of respondent M.J.T. to respond filed.
2021-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2021)

Attorneys

C.K.J.
Cheryl Jenkins — Petitioner
M.J.T.
Nancy MadeyaNancy Madeya, Esquire, Respondent