By Richard Luthmann
Dr. Bandy Lee, a prominent forensic psychiatrist, claims that her First Amendment rights are being violated under the guise of a protective order issued by the Bergen County, New Jersey Family Court. In filed court documents, Dr. Lee alleges that the court's actions aim to suppress her freedom of speech and silence her criticisms of Guardian ad Litem Evelyn Nissirios, whom she accuses of gross misconduct.
Dr. Lee, a faculty member of the Harvard Program in Psychiatry and the Law, states that Nissirios and Judge Jane Gallina-Mecca, who oversees the Bergen County Family Court, are engaging in constitutional violations.
“A preeminent constitutional scholar at Harvard Law School reviewed my evidence and agreed that they are violating the U.S. Constitution,” Dr. Lee stated in an affidavit.
The protective order, issued on June 8, 2024, prohibits Lee from making any communications deemed “harassing,” which she argues is a direct violation of her free speech rights. Lee contends that the order is a tactic to stifle her criticism of the court's handling of family court cases, specifically those involving child custody.
“This is nothing but a violation of my free speech!” she asserts, emphasizing that the First Amendment protects her comments.
Allegations Against Evelyn Nissirios
Dr. Lee has been vocal in her accusations against Nissirios, whom she describes as a corrupt court official who has repeatedly endangered the lives of children under her care. According to Dr. Lee, Nissirios has harassed, falsely arrested, and orchestrated police raids against individuals who have criticized her conduct in family court cases.
“Without remorse, she has harassed, falsely arrested, orchestrated false police raids, and co-conspired to intimidate witnesses—and invariably gave custody to the physically or sexually abusive parent in virtually all cases in which she participated,” Dr. Lee stated in her affidavit.
In one case, Dr. Lee claims that Nissirios orchestrated a police raid that resulted in the removal of her sister’s children from her care.
“My sister had her screaming, crying children literally pulled from her arms by a ‘SWAT team’ of five police officers in a blatant kidnapping orchestrated by Evelyn Nissirios,” Dr. Lee recounted.
She further alleges that this action led to the children being placed in the custody of their abusive father, who was previously under a restraining order.
Dr. Lee also accuses Nissirios of abusing a New Jersey statute designed to prevent cyber harassment and stalking, using it as a pretext to file a protective order against her.
“How is telling the truth harassment?” Lee asks, describing the protective order as a “naked attempt” to silence her and prevent her from exposing what she describes as a “child theft operation” within the New Jersey Family Court system.
Tactics of Intimidation and Retaliation
According to Dr. Lee, Nissirios has used the court system to retaliate against those who speak out against her. Lee describes a pattern of harassment and intimidation, including the filing of false police reports and the use of police raids to silence critics.
“Nissirios gets her way through weaponization of the police, threats, intimidation, and constant lying,” Dr. Lee claims.
In one particularly egregious instance, Dr. Lee says that Nissirios filed a protective order against her sister, Patricia Lee, despite Patricia having had no harmful contact with Nissirios since July 2023. Patricia Lee had previously filed criminal charges against Nissirios for harassment that nearly resulted in Patricia’s death due to stress-induced high blood pressure.
“Guardian ad Litem Nissirios’ actions have newly placed me in a life-threatening situation,” Patricia Lee stated in a motion filed with the court.
Patricia Lee also points to the absurdity of the protective order against her sister, noting that it was served after the first court date had already passed.
“The timing of Guardian ad Litem Nissirios’ protective order shows further tricks on her part to undermine me and to abuse her authority,” Patricia Lee argued in filed motion documents.
Calls for Accountability
Dr. Lee has called for an investigation into the conduct of both Nissirios and Judge Gallina-Mecca, accusing them of operating with impunity under the court's protection. She claims that Nissirios has boasted of “absolute judicial immunity” and that Gallina-Mecca has shielded her from accountability.
“Gallina-Mecca has also shielded Nissirios from an investigation by the Office of Attorney Ethics,” Dr. Lee said.
Dr. Lee further alleges that she and her sister have been repeatedly denied access to court transcripts and other critical documents, hampering their ability to defend themselves. Patricia Lee, representing herself as a pro se litigant, filed an emergency motion requesting transcripts of court proceedings, arguing that the court’s arbitrary sealing of these documents has made it impossible for her to defend herself adequately.
Despite these challenges, Lee remains determined to expose what she describes as systemic corruption within the New Jersey Family Court system.
“Evelyn Nissirios’ greatest fear is exposure of the truth,” Dr. Lee asserts, adding that she has already shared her observations with state legislatures and that a documentary film is underway featuring testimonies from other victims of Nissirios’ actions.
The Fight for Free Speech
Dr. Lee argues that the protective order against her clearly violates her First Amendment rights. It is intended to silence her efforts to expose the truth. She views the court’s actions as part of a broader effort to suppress free speech and prevent public scrutiny of the family court system.
“This protective order is therefore a subterfuge for an illegal ‘cease and desist’ order from my publishing or speaking the truth,” Dr. Lee said.
Dr. Lee’s case has attracted attention from judicial reform advocates, who view her fight as part of a more significant battle for transparency and accountability in family courts.
“The predators among us who project harm upon those who are exposing them pose a danger to the truth-speakers, children, and all who love and support them,” said Jill Jones Soderman, Executive Director of the Foundation for Child Victims of the Family Courts.
As Lee continues to challenge the actions of Nissirios and the Bergen County Family Court, she remains committed to her mission of protecting children and advocating for victims of judicial abuse.
“Bringing under public scrutiny their abuses of power and betrayal of public trust is the very purpose of the First Amendment,” Dr. Lee declared.
The next scheduled court date in Bergen County is later this month.
Bergen County NJ Family Court Silences Renowned Forensic Psychiatrist with “Sham” Gag Order