Child abusing judge Kelly continues rampage



Kelly Bans Halburn From First Day Of Child’s School

Judge Loses Case In Court Of Public Opinion

The case of Halburn vs. Halburn got brutal on the first day of school.


Mark Halburn, the Publisher of simply wanted what all normal parents want: To share his first day of school memories with his son, Matthew.



However, Halburn’s ex-wife, Dolores MartinDolores Martin, accused Mark Halburn of wanting to “Make a scene” and asked controversial Kanawha County Family Court Judge Michael J. Kelly to keep Halburn from Winfield Elementary School, where Matthew was transferred-at her request, because she says Forest Burdette Memorial United Methodist Church would not enroll him in their day care-which Pastor Dan Hogan never said happened, and the day care’s director, Terry, said “never happened.”


“Judge Kelly is domestic violence,” says Mark Halburn. “He divides families and creates anger with his maniacal decisions. This is the same psychopath that refused to let my son visit his grandmother before she died. The West Virginia Supreme Court should have removed Kelly from the bench years ago. How will they restore the first day of school memories with my son? How will they restore his memory of a final visit with his grandmother? The Court’s misbehavior is obscene! Kelly is a power-hungry, mentally demented judicial thug!”


As for Dolores Martin’s mental state, that hasn’t been officially assessed. She failed to take the court-ordered parental psych exam. Instead of Kelly forcing her to comply with the court order and taking custody of Matthew from her, Kelly only fined her $100, (for contempt of court) a fraction of what Halburn paid for his exam ($800) and less than what it cost him to take a day off work as a substitute teacher in the Kanawha County Schools.

“It would have been cheaper for me to cut the $100 check,” says Halburn. “Instead, I complied with the order and Kelly blew Dolores a kiss.”

In the Court of Public Opinion, Kelly has lost. Facebook and other comments clearly back Halburn and are putting West Virginia’s family law system back on the national stage where the misbehavior of Putnam County Family Law Judge William M. “Chip” Watkins had The Mountain State last year- the judge that Halburn exposed, internationally, for screaming in court. The videos, published first by, went viral, and led to Watkins downfall.


Halburn believes Kelly and the court system are abusing Mark and Matthew in retaliation for getting Watkins suspended for the remaining four years of his term.


“Obviously this is payback from the Courts,” says Halburn. “Their motives and misbehavior is transparent retaliation. But to take it out on a dying grandmother and a five-year-old boy? Judge Kelly and his colleagues take unprofessionalism and mental cruelty to a new high.”

“Appalling behavior,” says Dean Esmay, of, via Facebook. “Child abuse, honestly no better term for it.”

“This Ex Parte Order eviscerates Mark Halburn’s rights as a father to participate in his 8 year-old son, Matthew’s school academic and scholastic activities,” says Bruce Eden of Dads Against Discrimination.” This Ex Parte Order was obtained unfairly and unjustly by Dolores Halburn (k/n/a Dolores Martin) by using unfair procedural and tactical advantage.  Judge Kelly has sided with Ms. Martin continuously throughout the history of this case because of Mr. Halburn’s public media website wherein Mr. Halburn has taken Judge Kelly to task for constitutional rights violations of Mr. Halburn and his son.”

“Mark, I am soooo sorry,” says Pam Hein, via Facebook. “I wish I could help in some way. My husband had to deal with some of this kind of junk (even though his kids were late teens) when I married him. I sure wish I knew why some folks have such hate in them. We had to deal with stuff like this with his kids and his ex-wife for 14 years. It is mind-boggling how some people think. I believe that they are so very bitter and it could be because of something in their past. I truly can empathize with your situation.”

“Mark just keep doing what u are doing file out the paper work u need to cause when he is old enough to check things out for himself no matter what she has told him the proof of your love for him will be there he will know that you fought for him every step of the way,” says Kathy Cuzzort Presley, via Facebook. “Like someone else posted to u it is going to come back and bite her in the butt big time. He will find out that she has lied to him all these years.”

“That’s so sad,” says Sabrina Leighann Ledford, via Facebook. “Hang in there. Something has got to give soon. Bad judges will go down. Look at Watkins and now the judge in Mingo county. If Kelly continues it looks like he may be next. Every courtroom needs an honest judge like David Born of Marion county. He is everything a judge should be. WV should be proud to have at least one honest judge on the bench. Praying for you.”

“It’s going to come back and bite her in the butt!!” says Vickie Hart Sharpe, via Facebook.

Finally, one of Dolores Martin’s family members has this to say: “She is a witch!! Great story!,” says Kimberly Smith Case.

Later it was revealed that Martin wrote Kelly a letter saying that she feared Mark might “make a scene” at Matthew’s first day. She was responding to his Facebook comments, the day before, that he was concerned that she would try to stop him from seeing Matthew on his first day. He was right. She did exactly that.


In fact, Mark has never been accused of such conduct at any Putnam County Schools-and, in fact, went to Winfield Police Chief John J. Perrine with a request that an officer accompany him to visit Matthew in order to handle everything properly. Later, Perrine served Mark with the order in the street outside of the school.

“For a judge to issue an order based on someone saying that I might “make a scene” is an abuse of authority,” says Halburn. “Should I write a letter saying that I fear Matthew will be harmed by Dolores and get an order banning her from having contact with her son? Where is her evidence?”

Earlier this year, Halburn filed a lawsuit against Kelly for violating his civil rights over Kelly’s ban on Matthew visiting his grandmother. In a visible show of the West Virginia court corruption that’s similar to that making headlines in Mingo County, Fayette Circuit Judge John Hatcher, Jr., tossed the lawsuit saying Halburn didn’t file “Points of Law” by July 26th, 2013. However, Halburn filed them July 23rd, 2013. Hatcher then refused to reverse his corrupt order and Halburn filed an appeal with the West Virginia Supreme Court.

“I was looking forward to telling the justices about Kelly’s cruelty in refusing to let Matthew have a final visit with his grandmother,” says Halburn. “Now I get to add Kelly’s refusal to let me share Matthew’s first day of school. How are they going to fix Kelly’s epic screwups? Removing him from the bench isn’t enough. These are priceless moments that no family should be forced to go without. I hold the West Virginia Supreme Court, which has refused many requests, from me and other people, to remove Kelly from the bench, professionally responsible for his misbehavior. Real justices don’t allow judges like Kelly to terrorize families and little children.”


Brent D. Benjamin
Brent D. Benjamin

Halburn is planning an emergency appeal to the West Virginia Supreme Court regarding being able to visit Matthew at school. He already filed another Motion for Recusal and Disqualification. So far, Chief Justice Brent D. Benjamin has refused to recuse Kelly, showing that bad judges stick together. We will let you know if the West Virginia Supreme Cour of Appeals suddenly shows respect for families, common sense and common decency or continues to back lunatic Kelly’s misbehavior.

Meanwhile, Kelly has announced that he is retiring at the end of 2013. “He doesn’t want to face all the fathers that are lining up to trash him at the candidate forums,” says Halburn. “He throws his power around from his bench. Deep down he’s a coward.”

Editor’s note: this is a reprint from For previous stories on the antics of the kangaroo court judges of West Virginia, see West Virginia family court corruption and incompetence, Judge Michael J. Kelly Conflict of Interest, and, for related stories of other West Virginia child-abusers-from-the-bench, see our previous coverage of cases like that of Child-abusing judge Lori Betler Jackson. –DE

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