To Whom It May Concern
The purpose of this letter is to expose what New Jersey Superior Court Family Part Judge Gary Wilcox, J.S.C. has done to New Jersey and Bergen County families.
We at the FCLU NJ Chapter follow and track the most shocking cases that occur in the New Jersey family courts. And, there are a lot of them. Below are examples of two cases under Judge Wilcox which demonstrate how this judge has violated human rights, civil rights, constitutional rights, and substantive and procedural due process rights of Bergen County family court victims.
On June 9, 2016 we had the privilege of testifying before the New Jersey Senate Judiciary Committee on Family Court matters. We explained specifically what United States and New Jersey laws that have been violated by New Jersey Family Court Judges.
In this first of several letters we specify how Judge Wilcox has devastated families in Bergen County NJ.
Sahai v. Sahai: Docket Number: FM-02-2051-12
In this case Judge Wilcox deprived of a disabled 23 year-old adult of her constitutional, civil, human, and due process rights. She was not a party in the Family Court case. Judge Wilcox willfully and intentionally ignored various doctors’ reports cautioning against her death if ordered to be taken out of her current home environment with medical apparatus that is in place in her home. Judge Wilcox almost caused her death by ordering that the disabled daughter be brought to her mother for parenting time, even though the mother has no medical facilities or medical equipment to handle her serious/severe medical needs. His bizarre court order of May 29th, 2015 was the catalyst of Rooney Sahai’s adult daughter’s near death experience. Judge Wilcox did not take into account that the adult daughter has a rare genetic disease that causes quiet seizures that cannot be monitored without medical equipment being immediately available.
Judge Wilcox was made aware of this medical problem and he was aware that the New Jersey Department of Human Services declared the adult daughter in medical “imminent peril” because of her life-threatening, long-lasting seizures and other related medical issues arising from the medical problem. Judge Wilcox committed official misconduct in violating the adult daughter’s fundamentally secured rights and her father and legal guardian, Rooney Sahai’s fundamentally secured rights, to wit:
1. He Deprived her of the Right Against Seizure of Her Person
Without Probable Cause or with regard to the Warrants Clause of the Fourth Amendment.
2. He Deprived her of her Substantive and Procedural Due
Process Rights Protected by the Fifth and Fourteenth Amendments
3. He Deprived her of Right to Associate with, or Not
Associate with, Other Persons, as Protected by the Freedom of Association Clause of the First Amendment
4. He Deprived her of Rights Against Cruel and Unusual
Punishment, as Protected by the Cruel and Unusual Punishment Clause of the Eight Amendment
5. He Deprived Plaintiff's Rights to Liberty and the
Pursuit of Happiness, as Protected by the Reserve Rights Clause of the Ninth Amendment and Declaration of Independence as part of the United States Constitution.
6. Our sources in Bergen County confirm that in further investigation of this behavior by Judge Wilcox involving lack of appearance of impartiality, actual impartiality, lack of appearance of impropriety, actual impropriety, and lack of appearance of integrity, and actual lack of integrity, it has come to our attention that he has allowed opposing counsel in this case to guide him, and as such, he favors them. Attorneys Marcia K Werner,Esq., and Sheila Klempner, Esq., (who are Defendant Susan Sahai’s attorneys) have become particularly close with a close family friend of this Judge. This friend another family lawyer Lesley Adams, Esq. visits the Judges home frequently on the weekends. It is our opinion that this may be one of the causes of such favors. Given that there have been numerous ex parte communications by these attorneys with Judge Wilcox’s office, including his secretary, Judge Wilcox needs to be removed from the Sahai v. Sahai case, in order to protect the severely disabled adult daughter’s life from further depredations by Judge Wilcox and his cohort attorney friends.
Reynaldo v Reynaldo: Docket Number: FM-02-2502-09
7. Judge Wilcox allowed the Bergen County Probation Department
to garnish over 100% of Jorge Reynaldo’s wages, in violation of State and Federal Laws. As a result of this arbitrary, capricious, excessive, unjust and unconscionable Order, Mr. Reynaldo became delinquent with the IRS and the New Jersey Department of the Treasury. Penalties and interest mounted and has caused Mr. Reynaldo to may be open to prosecution. In November 2012 a motion was filed and Judge Wilcox ignored the premise of the motion. Judge Wilcox “dragged his feet” for 9 months and sent out a letter asking for a copy of the order which Jorge wish to modify. During this process Jorge became impoverished, lost all of his belongings, and his apartment; his place to live. In essence, Judge Wilcox made Jorge homeless and destitute without justification or cause.
8. Judge Wilcox failed to read Mr. Reynaldo’s modification
motion. Upon Mr. Reynaldo’s appeal, the Appellate Division vacated Judge Wilcox's order totally. It is now 5 years since this judge has ignored any follow up on this Appellate decision.
9. Jorge never got a Ability to Pay Hearing in compliance with
Pasqua v Council. This is a violation of his substantive and procedural Due Process Rights.
10. Upon being released from work release Mr. Reynaldo
went to the homeless shelter. He currently has stressed induced cardiomyopathy and has a heart of a 80-year-old which is pumping at less than 20%. He has severe depression anxiety and panic attacks.
11. Family Courts in New Jersey, especially involving
Judges like Judge Wilcox were not designed to cause litigants and their families medical and financial problems. All these people wanted was a decent divorce without being subjected to a Family Court system that criminalizes civil matters to the point that it causes thousands of suicides each year by male litigants impoverished and emotionally destroyed by these Courts.
12. Judge Wilcox violated and continues to violate Mr.
Reynaldo’s human, civil, constitutional and due process rights of litigants on a daily basis and it has been destroying American families on a daily basis.
13. Judge Wilcox’s acts are in violation of the New Jersey
Code of Judicial Conduct, Canons 1, 2, and 3, which constitutes Criminal Official Misconduct, N.J.S.A. 2C:30-2 (Official Misconduct), N.J.S.A. 2C:30-6 (Official Deprivation of Civil Rights) and N.J.S.A. 2C:30-7 (Pattern of Official Misconduct), and Theft of Honest Services and Public Corruption by stealing their salary from taxpayers in violating their Constitutional Rights.
FCLU NJ Chapter