On September 1, 2014 an indigent mother, a family court litigant, filed a complaint agAinst judge Frank B. Revoir with the NYS Judicial Conduct Commission.
On September 5, 2014 Judge Revoir issued a bench warrant for complainant's arrest for failure to comply with the judge's order dated September 4, 2014 that was served upon the mother to her Albany P.O. box by mail, so by law she was not required to comply with the order until 5 days after it was served by mail (Civil Practice Law and Rules), and that would be September 9, 2014.
Yet, Judge Revoir issued a bench warrant for her arrest on September 5, 2014, without any legal basis for it, and when she was ready to transfer her child to the father who came unannounced to pick the child up from visitation, she had the Delaware County police, with a TASER gun and handcuffs, on her porch, assaulting the child's middle-aged disabled grandmother with a TASER gun and with the police vehicle in an effort to destroy video recording of the unlawful arrest and arresting the indigent mother in front of her child, with a red spot of the TASER gun trained on the indigent mother's back.
Was all of this Orwellian SWAT-team production somehow in the best interests of the child?
One thing I know - the child might not forget this trauma for the rest of her life, simply because Judge Revoir needed to play out his revenge on her mother in the cruelest way possible.
Moreover, Judge Revoir did not reduce his screaming on the record of August 29, 2014 to a written order and thus prevented the mother's appeal of his decision.
Moreover, there was no petition before the court from the father so that Judge Revoir would be able to rule on such a petition and issue the September 4, 2014 order that was the basis of the September 5, 2014 bench warrant agaisnt the mother.
Moreover, Judge Revoir himself said on August 29, 2014 that all future petitions must be filed in another state, and thus there is no reason for him to accept new petitions in New York state on behalf of the father, nor were there any petitions submitted to result in the September 4, 2014 decision that was used to issue the September 5, 2014 bench warrant.
Moreover, Judge Revoir has failed to search the registries of sex offenders and protective orders which is a jurisdictional requirement for all orders in New York involving custody or visitation, thus making Judge Revoir's orders in this case void.
Additionally, the police came to the mother's house to "help" the father retrieve the child from the mother, while there was no indication the mother was not surrendering the child, on the contrary, the mother texted the father that she is packing the child's belongings and the child will be soon ready to be picked up.
And here, one more curious detail transpires.
Family Court in New York does not have criminal jurisdiction, only jurisdiction for civil contempt of court, to coerce a person into obeying a court order, not to punish her - that is criminal jurisdiction that Family Court does not have.
As I stated above, since the mother was served with Judge Revoir's invalid order of September 4, 2014 by mail, she could, first, never be held in contempt of an invalid order, or at the very least, she could not be held in contempt until at least 5 days passed after she was served.
Yet, Judge Revoir could not wait with his revenge and harassment that long.
That is obviously why on September 5, 2014 he has ordered the mother arrested for violating the order Judge Revoir knew the mother could not possibly have recieved yet, not to mention that the order was jurisdictionally invalid on many grounds I mentioned above.
But, this is the judge for whom legal grounds and legal arguments are the equivalents of "lying", did not consider lack of authority or legal grounds as a bar for his abuse of power where he could use it to harass the person who dared to complain about his misconduct to the Judicial Conduct Commission.
And I must point out once again that, before being elected, Judge Revoir claimed he has a perfect judicial temperament for the job.
Right.
Family court has the most emotional proceedings of all courts, and judges who rule in such courts without a jury, should be of the highest competence, integrity and the most balanced temperament.
Judge Revoir sorely failed that on all points test by committing grievous misconduct against an indigent mother with a low social status, and, when she filed a formal complaint about the judge, retaliated with more misconduct, with worse misconduct and with the illegal use of police power.
The use of police power was illegal because, once the child was returned to the father (coercion to obey the order), the bench warrant from a Family Court judge who did not have criminal jurisdiction, lost its grounds even if it had such grounds (it didn't, as I described above).
Thus, dragging the mother in handcuffs and under a TASER gun and dragging her to the court after the child was delivered to the mother was clearly illegal - and Judge Revoir knew what he was doing when he was issuing such an illegal bench warrant.
It is obvious that this judge, as many other local judges I know, would be guided only by his own whims.
The temperament that Judge Revoir demonstrated in this case is the temperament of a petty tyrant, not of a balanced, reasoned and competent judicial officer.
I truly believe this judge should be removed from the bench and stripped of his law license for his gross abuse of his power in this case, to the detriment of an indigent parent and of an innocent child.
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