Tuesday, October 25, 2011

11-10-25 CCMS – the new California Case Management System – enabling tool for racketeering in the courts // Crimen organizado en las cortes de California // 敲诈勒索在加利福尼亚州法院

Fraudulent case management systems in the state and US courts are the enabling tools of racketeering.  The newly implemented CCMS is just the latest example.  The public at large, and parties in litigation are denied access to records, which would enable them to distinguish between valid and void court records.  Through the implementation of fraudulent case management systems and the denial of public access to judicial records, the state and US courts have been degraded to medieval standards.
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Los Angeles, October 25 – “fraudulent case management systems are the enabling tools for racketeering in the state and US courts,” says Joseph Zernik, PhD, of Human Rights Alert (NGO). [i]

Now, initial evidence is provided by a litigant in the San Diego Superior Court of such fraud, enabled by CCMS – the new California Case Management System. (see correspondence below)

Even prior to the implementation of CCMS,  Dr Zernik repeatedly warned that the system must be subjected to legally and publicly accountable validation by computer experts prior to its implementation in the courts, for fear of fraud in the system. [vii]

The problem is not unique to CCMS, either:

  • Expert opinion supported the evidence of fraud in Sustain – the case management system of the Los Angeles Superior Court. [ii]
  • Papers published in peer-reviewed computer science and criminology journals detailed the fraud in PACER and CM/ECF – the systems of the US courts. [iii, iv]
  • Paper published in a computer science journal detailed the fraud in the Inmate Information Center of the Los Angeles Sheriff’s Department. [v]
  • Report of the Human Rights Council of the United Nations,  based in part on the evidence of such fraud in the courts, concluded “corruption of the courts and the legal profession” in California. [vi]
  • Request for review of the integrity, or lack thereof, in the case management system of the US Courts was filed by Mr Windsor of LawlessAmerica.com and Dr Zernik with Attorney General Eric Holder. [viii]
The right to access judicial records originated hundreds of years ago in the English common law, and is considered essential for the safeguard of the integrity of the courts.  The US Supreme Court re-affirmed this right as inherent to the First, Fifth/Fourteenth, and Sixth Amendments. [ix]

Regardless, today both the state and US courts routinely deny public access to critical court records, concealed in their case management systems.  Absent such access, the public and parties to litigation are denied the right to distinguish between valid and effectual court records, and those that are deemed by the courts themselves void, but are displayed nevertheless in various online public access systems.

“Through the implementation of fraudulent case management systems and the denial of public access to judicial records, the state and US courts have been degraded to medieval standards,” concludes Dr Zernik.
[i] 11-01-07 Superior Court of Los Angeles County, California: Widespread Public Corruption and Refusal of US Department of Justice to Take Action

10-10-15 Proposed Organizational Chart of the LA-JR (alleged Los Angeles Judiciary Racket)

11-08-29 Corruption of the Los Angeles Superior Court, Its Causes and History - Contribution for the Leslie Brodie Report

[ii] 09-04-20 Prof Eliyahu Shamir's Opinion Letter re: Sustain - the Case Management System of the Superior Court of California, County of Los Angeles

[iii] 11-08-01 Zernik, J: Fraud and corruption in the US courts is tightly linked to failing banking regulation and the financial crisis, 16th World Criminology Congress presentation
[iv] 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)
[v] 10-08-18 Zernik, J: Data Mining as a Civic Duty – Online Public Prisoners’ Registration Systems, International Journal on Social Media: Monitoring, Measurement, Mining 1: 84-96 (2010)
[vi] 10-04-19 Human Rights Alert (NG0) submission to the  United Nations Human Rights Council  for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report, with a note referring to "corruption of the courts and the legal profession and discrimination  by law enforcement in California".

[vii] 11-03-19 CCMS  the new California Case Management System  a looming danger for the Justice and Human Rights, must be subjected to validation by computer experts

[viii] 11-07-06 Request filed by Windsor and Zernik with US Attorney General Eric Holder for Review of Integrity of Public Access and Case Management Systems of the US Courts

[ix] Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978)
Correspondence in re: CCMS and conduct of the Superior Court of California, County of San Diego.

1) At 01:24 AM 10/18/2011, K wrote:

Date: Mon, 17 Oct 2011 18:14:31 -0400 (EDT)
Subject: A Mysterious Court Protocol, California
Dear All,

Below is Judge Kevin  Enright's response to my request that I be able to see the computer record of my case that the courts use to share information with each other.  Judge Enright is the presiding judge of San Diego.  He is also a member of the Executive Committee of the  Judicial Council of CA.

He denied my request, yet cited no code or case law that states any portion of the Court Case Management System (CCMS) is privileged, or confidential.   The portion of CCMS that the courts see, but does not print when one requests the Register of Action ("ROA") is called the ("Case History")

He states judgments in the Case File is available for my viewing.  From speaking to court personnel, I am aware there are entries in the "stealth" Case History/CCMS, that the courts see of judgments that are not in the Case File, not found on the ROA and not consistent with the Abstract of Judgment in my case.  Judge Enright knows this, too.

December 12, 2008 purported judgement in Case History - not on ROA til someone falsely edited it in, Dec 23, 2010.

Amended judgment awarding cost on 12/18/08 never in the ROA, but in "stealth" Case History.

The Abstract falsely shows costs were awarded on September 24, 2008...three week before the plaintiffs costs were even submitted. (I have no idea what is in the "stealth" Case History the judges are seeing regarding this).

So when judges look at CCMS, it is possible they are seeing false information that a litigant is not even permitted to see that impacts them.  Most would not even know this exist.

Judge Enright's letter:

Who says the Case History portion of CCMS is not a judicial record or court record as defined in those authorities?  Where is the Code or Case law to support the above statement?  He provided none.

Given all the problems with CCMS, (even the Cal  judges call it the Titanic), it is a bit concerning that judges and court personnel can share info among themselves that may or may not be correct; but the litigant, public and the media cannot even access the information.

The Bureau of State Auditors say the same:
California State Auditor releases their audit on CCMS and it ain’t pretty… « Judicial Council Watcher

Can they do that?  Deny access to the computerized Case History records with no case law or code able to be cited to support this?

2) On Tue, 25 Oct 2011 Dr Zernik wrote:

Dear Ms K:

The denial of access to court records in California and beyond, either paper or electronic, is in direct disregard of the First Amendment and Fourteenth Amendment (Due Process) to the US Constitution.

It also contradicts the California law and the California Rules of Court.

It is also the fundamental way of racketeering in the California and US courts.

I had a long battle on the matter with the Los Angeles Superior Court:

  • In 2008 I filed a request for protection of the 10 million residents of Los Angeles County against racketeering by judges. where US Attorney General and FBI Director were asked to enforce the law pertaining to access to court records.
  • Both offices refused to respond.
  • Senator Feinstein and Congresswoman Watson then filed Congressional Inquiries on my behalf on FBI Director and US Attorney General.
  • Upon review of the responses by Director of the US Attorneys Office and Assistant Director of FBI I claimed fraud on the US Congress by senior US Officers.
  • I filed complaint with the Inspector General of the US DOJ
  • He refused to answer.
  • Senator Feinstein filed a Congressional Inquiry, asking the US DOJ IG to respond.
  • He never responded, although by law he had to respond to Feinstein within 30 days.
The situation is not much different (albeit the systems are different) in the US Courts either.

In short
  • The denial of public access to court records brings the courts back to medieval standards.
  • The US justice is entirely corrupt,
  • Invalid, fraudulent case management systems are key in enabling the corruption.

Joseph Zernik, PhD
Human Rights Alert (NGO)

Human Rights Alert (NGO)
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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http://www.examiner.com/x-38742-LA-Business-Headlines-Examiner_____________________________WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS?
* Foreclosure fraud: The homeowner nightmares continue
CNN (April 7, 2011)
About 3 million homes have been repossessed since the housing boom ended in 2006 That number could balloon to about 6 million by 2013 Bloomberg (January 2011)
* "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences."
http://www.scribd.com/doc/50753639/Prof Paul Krugman, MIT (2011)
WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?* "...judges tried and sentenced a staggering number of people for crimes they did not commit."
Prof David Burcham, Dean, Loyola Law School, LA (2001)
* "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted."   
Prof Erwin Chemerinsky, Dean, Irvine Law School (2001)
http://www.scribd.com/doc/27433920/* "Innocent people remain in prison"
* "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..."
LAPD Blue Ribbon Review Panel Report (2006)
http://www.scribd.com/doc/24902306 /_____________________________
* "...corruption of the courts and the legal profession and discrimination by law enforcement in California."
United Nations Human Rights Council Staff Report (2010)
"On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations."
Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010)
WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES?* "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others."
More than 100 law professors, as reported by the Blog of the Legal Times (February 2011)
* "The American legal system has been corrupted almost beyond recognition..."
Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003)
WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM?* In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice.
Transcript of Senator Leahy speech (2009)

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