I'm enclosing my draw of suit too. I have evidence that NAD Law Center refused to help me due contributions National Association Certified Court Reporters. PROCEDURIAL HISTORY The judge Ferentz heard this case with #SC-00650-96 on 03/22/96 with demonstration exclusive partiality on behalf Defendant. She particularly ignored my pre and in trial disqualification a court reporter due obvious possibility conflict of interests. She treated my violation contract nature suit as a labor dispute. She forced me to miss deadline for filling Notice Appeal with help Mr. Tramer, supervisor of Office Official Court Reporters. The judge Ferentz heard also my other case #SC-01676-96 on 06/05/96 with demonstration exclusive partiality on behalf Defendant. She particularly ignored my pre and in trial disqualification as her due exclusive partiality and so the court reporter due obvious possibility conflict of interests that made me being loss and fail properly present the case. The same judge Ferentz picked up my case #SC-04590-96 on 12/11/96 with demonstration the same level partiality on behalf Defendant. She particularly ignored my disqualification of her. Ms. Ferentz positioned a court reporter far from her and microphones in order prevention audio recording for free manipulation later caption. The court reporter had problems with captioning due as imperfection CART technology and so understanding speech the judge determined by big distance. The judge had problem with understanding my speech apparently determined by big distance from her and likely my imperfect pronunciation due hearing impairment. It prompted her to claim that the process communication is too annoying. Then she claimed that I am submitting the same arguments presented in case A-6986-95Tl (SC-000650-96) on 03/22/96 dismissed by NJ Superior Court on the ground failure meet the 75-days deadline for filling appeal, therefore she dismisses the case with prohibition to file any appeals in Superior Court. She ignored my cry that I did not finish my presentation the case and literally run out of room. Apparently she knew that next my argument would be presentation copies of pages of Federal Financial Aid Handbook US Department Education with evidence of gross violation its Chapter 7 related to statutes Federal Work-Study Program by Defendant. STATEMENT FACTS 1) The judge selected for accommodation obviously a partial court reporter that positioned me and herself backward and far away from the judge, microphones and clerks apparently in order prevention audio recording for free manipulation later caption. 2) The very first sentence of the judge, "Mr. Pribytkov, this is the third case that you've brought lawsuit against NJIT. How is this one different from the prior two?" demonstrates her prejudice and intention to confuse Plaintiff. 3t(8-10). In reality the first lawsuit was dismissed by NJ Superior Court due managed by her in cooperation with Mr. Tramper missing by me 75 days deadline submission Notice of Appeal. That with combination a new found evidence gross malpractice Federal Work-Study Program are reasons resubmission this lawsuit. The second lawsuit has nothing common with Federal Work-Study Program that is the subject of the current lawsuit. 3) Judge Ferentz ignored my disqualification her. 3t(11-16). 4) The judge repeated demonstration her prejudice and intention to confuse Plaintiff in her second question, "Mr. Pribytkov, are you asking for the same relief in this case that you asked in the other two?" 3t(23-34). The second lawsuit has nothing common with Federal Work-Study Program that is subject the current lawsuit. See additional comments in point 2. 5) Ms. Ferentz again demonstrated her prejudice and intention to confuse Plaintiff in her question, "Mr. Pribytkov, is this the same claim that you made the prior two times?" 4t(20-21). The second lawsuit has nothing common with Federal Work-Study Program that is subject the current lawsuit. See additional comments in point 2. 6) She didn't hesitate to show her prejudice and intention to confuse Plaintiff in her next remark, "...it's nothing more than a restatement of what you've already been claiming. I've already found in the prior cases that you were not entitled to the funds that you south because you didn't comply..." 5t(7-10). The second lawsuit has nothing common with Federal Work-Study Program that is subject the current lawsuit. See additional comments in point 2. 7) She again showed her prejudice on 5t(16-25) and 6t(1-13). 8) The most outrageously she demonstrated her prejudice in remark, "Mr. Pribytkov, I found that what you're doing is an abuse of the system. This case has been heard once, twice and now a third time. I am again going to dismiss the case as being the same claim you brought before... I'm going to tell counsel, to direct her to submit an order indicating this and in the order to provide that you are prohibited from filing any further lawsuits against NJIT for this same claim. If you do it there's going to be a sanction imposed against you, Mr. Pribytkov. I'm also going to take care of your request for transcript now because I know that you'll ask for one, for a free transcript... Counsel, submit the order please." 5t(20-25) and 6t(1-14). The second lawsuit has nothing common with Federal Work-Study Program that is subject the current lawsuit. See additional comments in point 2. 9) She literally run from a room, however I was able to read her last words and cry, "I'm sorry, I have another paper." before she closed the door. 6t(16). 10) But she replied, "Finished, sir." 6t(17). 11) The court reporter altered two words in my statement that cardinally changed its meaning. She printed "need" instead "got" that made the sentence senseless. "I got additional information during the time," she converted in "I need additional information during this time." 3t(20). 12) The court reporter also obviously altered claim the judge, "I'm absolutely astounded at the amount of rude behavior in this courtroom. If you don't think it's difficult dealing with somebody with a handicap or trying to work with delayed, time delayed program here, to have of the chattering in this courtroom is unacceptable. Now I'm going to direct that everybody get out. I can't hear a thing that's going on up here because of the chattering in the courtroom." 4t(13-19). I remember very good that there was at least a word "annoying" near "delayed" since I paid attention to it as a ground for allegation in violation my Civil Rights under ADA. However I don't remember any mentioning "chattering in the courtroom," in addition there is any mentioning in the transcript about time given for vacation the courtroom by audience. More over, I didn't see any signs vacation by audience the room after stopping reading caption the court reporter. All audience kept sitting. 13) Although the judge ordered, "Now I'm going to direct that everybody get out," nobody left the room, even after she left the courtroom herself. 4t(17-18), 4t(19-26), 5t, 6t. 14) The transcript reflects the only words of Defendant during the whole hearing, "Leslie Fries for defendant NJIT." 3t(7). And "Your Honor, thank you very much." 6t(15). 15) Ms. Ferentz claimed, "I'm going to tell counsel, to direct her to submit an order indicating this and in the order to provide that you are prohibited from filing any further lawsuits against NJIT for this same claim," however she signed an order prepared by Defendant with totally inclusive prohibition. "1. The Complaint filed by pro se Plaintiff,...is dismissed with prejudice. 2. Mr. Pribytkov is prohibited from filing in the NJ Superior Court any lawsuit against NJIT, its trustees, employees, or agents related to the issue of Federal or Institutional Work Study money." LEGAL ARGUMENT 1. In this case during a short hearing with full transcript occupying fewer four pages one sees fifteen events at least doubtful appearance of impartiality and integrity of the judge. More over the transcript reveals that the judge put aside the Defendant and administrated ordinary inherent to a counsel of Defendant extremely partial cross-examination of Plaintiff with repeated intentionally slanderous claim that all three lawsuits are the same matter. The second lawsuit has nothing common with Federal Work-Study Program that is the subject of the current lawsuit. See points: 2; 4; 5; 6; 7; 8 in Statement Facts. She prevented Defendant from presenting the case, particular she proclaimed the judgment just before Defendant was going to present copies pages of Federal Financial Aid Handbook US Department Education with evidence of gross violation its Chapter 7 related to statutes Federal Work-Study Program by Defendant. She allowed to the counsel of Defendant to say during the whole hearing only, "Leslie Fries for defendant NJIT." 3t(7). And "Your Honor, thank you very much." 6t(15). CJS #98; (LISTS ABOUT 100 CASES) a) NO JUDGE SHOULD PRESIDE IN A CASE IN WHICH HE ISN'T WHOLLY FREE, DISINTERESTED, IMPARTIAL, AND INDEPENDENT. US-US V. ORBIS DC PUERTO RICO, 366 F. SUPP. 628. NJ-STATE V. MURASKI, 69 A. 2D 745 NJ SUPER. 36. b) FOUNDATION OF JUDICIAL SYSTEM. IMPARTIALITY IS THE VERY FOUNDATION OF THE AMERICAN JUDICIAL SYSTEM. Minn.-Payne v. Lee, 24 N.W. 2d.259, 222 Minn. 269. c) NEXT IN IMPORTANCE TO THE DUTY OF RENDERING A RIGHTEOUS JUDGMENT IS THAT OF DOING IT IN SUCH MANNER AS WILL BEGET NO SUSPECTION OF THE FAIRNESS AND INTEGRITY OF THE JUDGE, AND THE LAW REQUIRES NOT ONLY THAT A JUDGE BE IMPARTIAL, but also that he appear to be impartial. So, in determining whether a judge should disqualify himself where his impartiality might reasonably be questioned, the standard or test isn't whether the is impartial in fact, but rather whether a reasonable man might question his impartiality under all circumstances. US-SCA SERVICES, INC. V. MORGAN, C.A. ILL. 557 F.2D 110 - WEBLE V. MCGHILE LAND TITLE CO. C.A. UTAH, 549 F.2D 1358. IND.-STATE EX REL. MOSSHAMMER V. ALLEN SUPERIOR COURT N3, 206 N.E.2D 139, 246 IND. 366. KY.-WELLS V. WALTER, 501 S.W.2D 259. WASH.- STATE V. MODRY, 504 P.2D 1156, 8 WASH. APP. 61. d) THERE MUST BE APPEARANCE OF IMPARTIALITY WHICH FOSTERS CONFIDENCE OF LITIGANT IN JUSTICE SYSTEM; ANY QUESTIONS CONCERNING THAT IMPARTIALITY THREATENS INTEGRITY OF JUDICIAL PROCESS. R. 1:12-1; CODE OF JUDGE CONDUCT, CANON 3 SUBD. C(1),-ID. NJ-STATE V. TICKER, 625, A.2D 34, 264 NJ SUPER 549, CERTIFICATION DENIED 640 A.2D 850, 135 N.J. 468, e) EVERY LITIGANT IS ENTITLED TO NOTHING LESS THAN COLD NEUTRALITY OF AN IMPARTIAL JUDGE...AND COURTS SHOULD SCRUPULOUSLY PROTECT THE RIGHTS OF LITIGANTS IN THIS REGARD. US-SUGGS V. C.W. TRANSPORT, INC. D.C. ILL., 421 F. SUPP. 58. OKL.-STATE V. FREEMAN, 229 P.296, 102 OKL. 291. CJS #99 (LISTS ABOUT 100 CASES) f) THE DISQUALIFICATION MAY BE BASED ON PROVISION OF A CONSTITUTION CAL.-PEOPLE V. CHESSMAN, 342 P.2D 679, 52 C.2D 467. MASS.-BEAUREGARD V. DAILEY, 1 N.E.2D 481, 294 MASS. 315. + LIST 12 CASES. g) OF A STATUE US.-CHAMBERLAIN V. WICHITA FALLS INDEPENDENT SCHOOL DIST., CA TEX., 539 F.2D 586. DUTY OF STATE. h) IN VIEW OF THE STATUTE, THE STATE IS BOUND TO FURNISH EVERY LITIGANT NOT ONLY AN IMPARTIAL JUDGE, BUT ONE WHO HAS NOT, BY ANY ACT OF HIS, JUSTIFIED A DOUBT OF HIS IMPARTIALITY. NY-MOERS V, GILBERT, 25 NYS.2D 114, 175 MISC. 733, AFFIRMED 27 NYS.2D 425, 261 APP.DIV. 957, AND 27 NYS.2D 426, 261 APP.DIV. 957. i) OF A COURT RULE. MONT.-STATE EX REL. GREELG V. DISTRICT COURT OF FOURTH JUDICAL DIST., 590 P.2D 1104. CJS #108 (LISTS ABOUT 100 CASES.) j) THE RIGHT TO A JUDGE FREE FROM BIAS OR PREJUDICE IS BASED ON THE DUE PROCESS CLAUSE OF THE FEDERAL CONSTITUTION, AND US-US V. CEIUTO, CA ILL., 531 F.2D 842. ON THE CONSTITUTIONAL RIGHT TO A FAIR TRIAL. US-US V. CONFORTE, DC NEV., 457 F.SUPP. 641, AFFIRMED, CA, 624 F2D 869. k) IF THE REQUISTE BIAS OR PREJUDICE EXISTS, IT'S IMMATERIAL WHAT CAUSED IT. KY.-STAMP V. COMMONWEALTH, 243 S.W. 27, 195 KY. 404. l) A PROPER ADMINISTRATION OF THE LAW DEMANDS NOT ONLY THAT JUDGES REFRAIN FROM ACTUAL BIAS BUT ALSO THAT THEY AVOID ALL APPEARANCE OF UNFAIRNESS, BIAS OR PREJUDICE. US-US V. RITTER, CA, 540 F.3D 459; LA.-STATE V. GORDY, 380 SO.2D 1347. CJS #109 (LISTS ABOUT 100 CASES) m) BIAS AND PREJUDICE MEAN A HOSTILE FEELING OR SPIRIT OF ILL WILL AGAINST ONE OF THE LITIGANT, OR UNDUE FRIENDSHIP OR FAVORITISM TOWARD ONE. IT HAS BEEN HELD THAT ACTUAL BIAS OR PREJUDICE MUST BE SHOWN, BUT IT HAS ALSO BEEN STATED THAT ACTUAL PREJUDICE ISN'T REQUIRED, AND THAT THE BELIEF ON THE PART OF LITIGANT THAT HE CANNOT HAVE A FAIR TRIAL IS SUFFICIENT GROUND FOR DISQUALIFICATION. CAL.-STATE EX. REL. AQUIAR V. CHAPPELL, APP. 344 SO.2D 925. CJS #111 (LISTS ABOUT 100 CASES) CUMULATIVE EFFECT CAN BE SUFFICIENT ALTHOUGH COMPONENTS NOT. 2. Every litigant entitled to right to a fair trial by the Constitution of the USA. Impartiality is the very foundation of the American judicial system. Impartiality and integrity a court reporter participating to a court hearing as mean communication accommodations are vital for a pro se litigant with hearing impairment, considering practically inability CART technology to secure absolute accuracy is delivering information and unrestricted possibility altering caption as in real time and so subsequently! This statute supported by America with Disability Act. The partial court reporter in this case positioned me and herself backward and far away from the judge, microphones and clerks apparently in order prevention audio recording for free manipulation later caption. The court reporter obviously altered two words in my statement that cardinally changed its meaning. She printed "need" instead "got" that made the sentence senseless. "I got additional information during the time," she converted in "I need additional information during this time." 3t(20). Even if I were told accidentally such nonsensical phrase, I would correct it at once. I don't remember words the judge, "I'm absolutely astounded at the amount of rude behavior in this courtroom. If you don't think it's difficult dealing with somebody with a handicap or trying to work with delayed, time delayed program here, to have of the chattering in this courtroom is unacceptable. Now I'm going to direct that everybody get out. I can't hear a thing that's going on up here because of the chattering in the courtroom." 4t(13-19). I remember very good that there was at least a word "annoying" near "delayed" since I paid attention it as a ground for allegation in violation my Civil Rights under ADA. However I don't remember any mentioning "chattering in the courtroom," in addition there is no any mentioning in the transcript about time given for vacation the courtroom by audience. More over, I didn't see any signs vacation by audience the room after stopping reading caption the court reporter. All audience kept sitting. CART technology increases accuracy stenography of course, however it's still far away from perfection and proper accuracy. More over it's a highly manipulative technology allowing say to alter a question in order get yes-no answer with opposite meaning and later undetectably change a question to original form. In addition even an honest CART operator is unable to absolute accuracy caption even during later editing, that is why audio recording is a mandatory requirement. Therefore the fact that the court reporter placed herself and me in position excluding audio recording is obvious evidence predetermined intention to affect my Constitutional right on fair and unbiased trial. Lev Pribyktov l.pribytkov@juno.com