Wednesday, May 13, 2009

Gra'ce a' la Nuit -- Al-Harith Al-'Amri

by 
Salwa Mohdi




Alharith Al'amri -Gra'ce a' la Nuit, by Salwa Mohdi

RONALD GEORGE FOR THE U.S. SUPREME COURT? MAYBE NOT!

The Honorable Ronald George                      The Books of Court of LA County are today museum artefacts
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He got some explaining to do of his conduct relative to installation of SUSTAIN as Case Management System (CMS) in the Los Angeles Superior Court circa 1985: (a) Five (5) reasons why SUSTAIN is alleged as wholesale fraud on the people; (b) The Honorable Ronald George so far refuses to answer on this matter, and (c) U.S.  Congress is urged to take action
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If ever nominated, the Honorable RONALD GEORGE would have some explaining to do relative to his conduct in installation of SUSTAIN as the CMS in LA Superior Court around 1985. I doubt that he could ever survive such nomination hearings.
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According to his official biography he served in leadership positions in LA Superior Court around 1985 at the time that SUSTAIN, the court's first CMS was installed.  SUSTAIN  is produced by a secretive corporation controlled by THE DAILY JOURNAL - the largest legal newspaper in California - a conflict worthy of investigation in its own sake.  Moreover, in petition filed May 1, 2009 in Washington DC, Zernik v Melson et al(1:09-cv-00805), I allege that SUSTAIN is the enabling tool of the LA-JR (LA-judiciary racket).
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A. Five (5) reasons why SUSTAIN is alleged as wholesale fraud on the people. 

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1) SUSTAIN was introduced with no public scrutiny at all.   It amounted to a major change in the Local Rules of Court. However, even today, some 25 years later, the Local Rules of Courts have never been updated. Therefore, the LA Superior Court operates with invalid published Local Rules of Court, and in practice defers to unpublished Local Rules of Court that are kept confidential. Obviously such practice is in contradiction with both State of California and U.S. rule making enabling laws. . 

2) A major contradiction between the published Local Rules of Court, and the unpublished Local Rules of Court as practiced, is found relative to the entry of judgment & the Books of Judgments.

The published Local Rules of Court state even today:
"Judgments, orders and decrees rendered by the court, which are required by law to be entered, shall be entered by the clerk in judgment books kept by him/her either in the Public Services Division, of the Central District, or the clerks office in each of the several districts." 
In fact, for the past quarter century there are no Books of Judgments in LA County, either on paper or digital, at all.  Therefore, no valid entry of judgment either.  This condition opened the door to various alleged frauds by the LA-JR relative to entry of judgment, particularly in matters pertaining to real properties. 
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3) Another unpublished Local Rule of Court is practiced by the LA Superior Court:
"Sustain is privileged - for the court only".
Obviously it contradicts Nixon v Warner Communications, Inc, where the U.S. Supreme Court re-affirmed the First Amendment and Common Law rights to access court records to inspect and to copy. Fluffy news media caught a bit of it a couple of weeks ago, when they realized that a case involving movie actress Sharon Stone entirely disappeared from the records. But none of the media bothered to ask how such a feat was technically accomplished. A CMS that allowed a case to be entirely removed from the record is on its face in contradiction with the law.  
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4) In introducing SUSTAIN in LA County, all the Books of Courts of LA County, Public Records by law, were eliminated.  The Books of Court as Public Records, are some of the earliest Public Records in Western court traditions. They are also the best safeguard for transparency and integrity of the couts, based on experience of many generations. Therefore, by introducing SUSTAIN as CMS at the LA Superior Court, at a time that the Honorable Ronald George was at the helm, the LA Superior Court was taken several hundreds years back in time ...   
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5) Last but not least - the fact that the LA-JR is able to continue the alleged unlawful incarceration of the estimated 10,000 mostly black and latino Rampart-FIPs (Falsely Imprisoned Persons) is directly attributed to similar practices in the criminal courts in LA County (See below), started about the same year.
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B. The Honorable Ronald George so far refuses to answer on this matter

Certified letters were sent to the Honorable Ronald George about a year ago, asking for his comments on the matter. He never responded... Perhaps he would answer in nomination hearings, if ever nominated

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C. U.S.  Congress is urged to take action 

Proposal was filed in 2008 with both U.S. House and Senate Committee on the Judiciary to enforce the Rule Making Enabling laws on all CMSs in all courts, with an outline for a regulatory framework.  No action was so far taken at all - allowing the wholesale fraud on the people to continue unbridled.