Integrity of the electronic record systems of the courts is critical in the safeguard of Human Rights and Civil Society in the digital era.
Clerk of the Court Sarah Lifschitz; Director of the Courts Administration Judge Moshe Gal, Supreme Court of Israel
Jerusalem, January 26 - Joseph Zernik, PhD, of Human Rights Alert (NGO), has forwarded to Clerk of the Israeli Supreme Court Sarah Lifschitz [1] and Director of the Courts Administration Judge Moshe Gal [2] requests for comment/corrections on a draft reports, [3,4] which document fraud in the electronic records of the Supreme Court of the State of Israel.
One report focuses on the publication of simulated records and conduct of simulated litigation. [5]
The other report focuses on records that were fraudulently certified around 2002, when the former Clerk of the Court Shmaryahu Cohen died on the job of a sudden heart attack in office, and apparent refusal of the current Clerk of the Supreme Court Sarah Lifschitz to certify any records of the Court since 2003.
The fraud in the electronic record systems of the Israeli Supreme Court is similar to the large-scale fraud that has been previously documented in the electronic records of the US courts (PACER and CM/ECF). [6] Moreover, a report presented in the 16th World Criminology Congress documented the tight linkage between corruption of the US courts and failing banking regulation under the current financial crisis. [7]
However, according to Dr Zernik, a critical difference between the situation in the US and Israel is that in Israel, both computing and legal scholars are willing to discuss the matter, and even propose solutions. Legal and computing experts in the United States have consistently refused to opine on the matter. [8-10]
Integrity of the electronic record systems of the courts is critical in the safeguard of Human Rights and Civil Society in the digital era.
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LINKS:[1] 12-01-26 Clerk of the Israeli Supreme Court Sarah Lifschtiz is asked for comments/corrections regarding draft report of fraud in the electronic records of the Supreme Court.
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Texas Penal Code §32.48. SIMULATING LEGAL PROCESS.
(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:
(1) induce payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.
[6] 10-08-18 Zernik, J: Data Mining of Online Judicial Records of the Networked US Federal Courts, International Journal on Social Media: Monitoring, Measurement, Mining, 1:69-83 (2010)
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The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to “corruption of the courts and the legal profession and discrimination by law enforcement in California.”
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Take away justice, then, and what are governments but great bandit bands?Saint Augustine, Civitas Dei (City of God,4.4)
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