10-11-02 Welcome UK - Latest New Visitor! // Bienvenido Reino Unido - Últimos Visitantes Nuevo!

   

Last New Visitor United Kingdom Visited November 2, 2010

10-11-02 The Judiciary-Banking Complex, the Greater Depression, and Piercing the Corporate Veil //

FROM THE LAWSTERS DISCUSSION GROUP
_   _ _
Benjamin Cardozo (in office 1932-1938)_ Louis Brandeis_(in office 1916-1931) _Learned Hand (in office 1924-1961)

2010 Supreme Court of the United States

On 11/1/2010, Joseph Zernik wrote:

I agree regarding  the contribution of Cardozo, Brandeis, and their colleagues in "piercing the corporate veil".  Contrast that with the recent decision of the Supreme Court of the United States regarding First Amendment rights for corporate spending on political campaigns, and you get a Moment of Clarity, regarding the role of the judiciary then and now.

At 07:55 AM 11/1/2010, Charles wrote:

I like the phrase "Judicial-Banking Complex" as an evolutionary stage growing out of the "Military Industrial Complex", though "corporate-government financial bureaucratic complex" might be both more generic and simultaneously more accurate, but I would disagree on your historical analysis in that, I'd say, there's never been ANYTHING like this in US (or world) history, because the relics of the Military-Industrial are still BEHIND the Judicial-Financial Complex.  
On the one hand---I think America was MUCH Freer in the "Substantive Due Process/Robber-Baron Era" of 1885-1925, and in my opinion, Roosevelt created much of the hard foundation for the current crisis---and cured and prevented nothing except a possible popular revolution (or at least a very violent rebellion) in the 1930s.  
It was the "progressive" reforms of 1905-1920 in particular, which had a lot of judicial support, including such ambiguous heroes as Oliver Wendell Holmes, Benjamin Cardozo, and Learned Hand, which ultimately undermined the substantive due process advocate and their world view.
I am not sure we can "thank" Roosevelt for having done so, either, although my grandparents were grateful because they perceived the alternative as full-fledged communistic uprising.  There are all kinds of evidence that such things were brewing.....but they have been largely ignored by historians of the period---because Roosevelt is worshipped almost as though he were a Saint, especially in the Ivy League and Wall Street quarters where fear of the possible American Bolshevik seizure of power was greatest.   The popular rebellions which might have formed, during the 1930s, without the New Deal, in my opinion might well have had nothing to do with "world communism" as it was understood at the time.
Charles E. Lincoln, III 
 Tierra Limpia
Tel: 512.968.2500
Deo Vindice
"God be with you,
and with thy spirit!" ____________
Von: Bob Sherin
An: lawsters@googlegroups.com
Gesendet: Sonntag, den 31. Oktober 2010, 18:23:43 Uhr
Betreff: Re: The Greater Depression, or Why are we stymied in impotency?
Very astute Joseph, but we can organize as a moving force in opposition.  Bob, nl

On Sun, Oct 31, 2010 at 7:54 AM, joseph zernik <jz12345@earthlink.net> wrote:

The job is much more difficult then you realize. Those in power are not going to yield powers that they have usurped easily.  My analysis indicates that the US is now controlled by a judiciary-banking complex, much stronger than the old military-industrial complex.  Moreover, the judiciary have managed to get us to what I call "Robber Baron Revival Era".  Basically, we are back to 1920 or something like that, and what we are experiencing is worse than the Great Depression. Then too, it took Roosevelt, and the New Deal, and a threat to "pack" the Supreme Court, in order to get the US out of the situation.

That is the magnitude of the job ahead.

At 01:23 AM 11/1/2010, Bob wrote:

All right, good, we see eye to eye.  Unfortunately, I'm not that leader either, though I have lots of time on my hands.  If one or more with vision, knowledge and organizational skills would only emerge and lead the rest of us, we could do the job, I know.

Bob, nl 

On Sun, Oct 31, 2010 at 6:27 PM, legal abuse syndrome <legalabuse@gmail.com> wrote:

I agree and I am in for the race but cannot organize it or even create on that level as I am stretched to the maximum but no unhappily.

I do not see it as a negative campaign.  I admire each of you and support your efforts as you can tell with my years of service to Meryl.

I am sorry if you misunderstood what I meant.  I open so many emails each day with much negative and I have to stay away from anything that is non productive.  I am really devoted to grassroots efforts and know how critical it is to deal with entrenched corruption.  Florida is deadlocked in entrenched corruption.  They are ready for anyone coming down the main legal path.  We have to find innovative ways to get around it.  No authority cares.

Karin

On Sun, Oct 31, 2010 at 4:12 PM, Bob Sherin <bobsherin@gmail.com> wrote:

Karin,

From your perspective, you're not impotent:  You lead a meaningful, helping life.  If you consider my hue and cry negatively unworthy, that is your prerogative.  I too am always involved in my own meaningful work with this issue. 

But I see a huge campaign ahead, where some leader or leaders rise to the top, organize a grass roots movement to legally topple this manifest injustice, making whole Jack Thompson, Mark Adams, Meryl Lanson, Steve Esdale, Matthew McMillan, Nancy Grant and other deserving folks, most of whom I don't even know.  To be part of such a movement would be the crowning achievement of my life because it could move mountains.  Sorry, you see this as a negative campaign. 

Bob Sherin, nl

At  PM 11/1/2010, Joseph Zernik wrote:

Securitization was only a small part of it.  Securitization became a necessity, since sub-prime lenders have been funding for about a decade prior to 2007 government-backed Uniform Residential Loan Applications (1003s) in disregard of fundamental "sound banking principles" and regulations of the Federal Reserve.

At 04:29 PM 11/1/2010, Jon wrote:

Wrong. The financial crisis that hit us in 2007 and since was not subject to and would not have been avoided by the regulations that had been removed since about 1992. The beginnings of securitization go back to 1985. There have never been any regulations that would have retarded this crisis, much less avoided it, nor are there any bureaucratic regulations that can do so in the future. I have long proposed about the only kind of intervention that might help: the use of grand juries to investigate and expose unsound business practices before they can cause disasters, but not using "regulations" as they are used by the Administrative State, which can never anticipate all the ways clever speculators can find to risk our money. We need teams of ordinary, common sense citizens to poke around looking for dangerous practices, without preconceptions of what they are looking for.

On 10/31/2010 09:07 PM, joseph zernik wrote:

Through deregulation, we were placed back at around 1920, with predictable results.

-- Jon

----------------------------------------------------------
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10-11-02 Welcome the Russian Federation - Latest New Visitor! // Bienvenido la Federación de Rusia - Últimos Visitantes Nuevo!

       
  

Last New Visitor Russian Federation Visited November 2, 2010

10-11-02 Case management and online public records of the US and State of California courts - a call for records for a scholarly series

Re: Case management and online public records of the US and State of California courts -  a call for records for a scholarly series


Dear friend:

Your help would be greatly appreciated in providing records of cases of interest in the US and State of California courts.

The materials are intended for use in an ongoing series of scholarly publications in peer-reviewed international journals, pertaining to the operations of the US and State of California courts from the ministerial perspective in both civil and criminal cases.[1] I am not an attorney, and do not pretend to engage in legal review.  Therefore, the records below [2] are sufficient.  No need for anything else.

Your help in the matter would be greatly appreciated, but never acknowledged.

Truly,

Joseph Zernik, PhD
Human Rights Alert (NGO)

Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.
http://www.scribd.com/Human_Rights_Alert
http://human-rights-alert.blogspot.com/
http://josephzernik.blog.co.uk/
http://menchenrechte-los-angeles.blogspot.com/
http://droitsdelhommealertelosangele.blogspot.com/
http://inproperinla.com/
http://pressroom.prlog.org/Human_Rights_Alert/
http://ireport.cnn.com/people/HumanRightsA?numResults=10&view=documents
[1] Ongoing series of scholarly publications in peer-reviewed international journals, pertaining to the operations of the US and State of California courts from the ministerial perspective.
a) Previously published in the series:
i 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)
http://www.scribd.com/doc/38328591/
ii. 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)
http://www.scribd.com/doc/38328585/
iii. 10-04-19 Human Rights Alert (NG)) 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:
http://www.scribd.com/doc/38566837/
b) Under review:
iv 10-10-30 Zernik, J Case Management and Online Public Access Systems of the Courts in the United States - A Call for Action - pending
http://www.scribd.com/doc/40511204/
c) Planned:
v. Sustain, the case management system of the Superior Court of California, County of Los Angeles
Case studies of Marina v LA County, Sturgeon v LA County, Galdjie v Darwish, and Samaan v Zernik (P1/5)
vi. Sustain, the case management system of the Superior Court of California, County of Los Angeles
Registers of Actions (California Civil Dockets) (P2/5)
vii. Sustain, the case management system of the Superior Court of California, County of Los Angeles
Minutes (P3/5)
viii. Sustain, the case management system of the Superior Court of California, County of Los Angeles
Denial of Access to records as integral to alleged racketeering (P4/5)
ix. Sustain, the case management system of the Superior Court of California, County of Los Angeles
Ambiguation of entry of judgments as integral to alleged racketeering (P5/5)
x. Online public access system of the California Courts of Appeals, 2nd, and 4th District
Case studies of Marina v LA County, Sturgeon v LA County, Galdjie v Darwish, and Samaan v Zernik xi. PACER and CM/ECF - Public Access and Case Management Systems of the US Courts
Case study of SEC v BAC
[2] REQUESTED INFORMATION AND RECORDS:
a. US District Court, <> District of < >
a) Complaint under cause of actions of <>and Summons (or equivalents in criminal cases) with respective NEFs
b) Particular Order of significance with respective NEF (Minutes and Proof of Service/Certificate of Service and Notice of Entry by Clerk at the California courts).
c) Dispositive Order with respective NEF. (Minutes and Proof of Service/Certificate of Service and Notice of Entry by Clerk at the California courts).
d) Ancillary proceedings Motion (if any) under cause of actions of <>with respective NEF. (Minutes and Proof of Service/Certificate of Service and Notice of Entry by Clerk at the California courts).
e) Ancillary proceedings Dispositive Order (if any) with respective NEF. (Minutes and Proof of Service/Certificate of Service and Notice of Entry by Clerk at the California courts).
(If more than one judge was involved, please give between the ones above, at least one order/judgment of each of the judges involved.)
(If possible, I would like to have a copy of the orders/judgments in the exact form that they were served by the court - whether it was electronic or paper service.)
b) US Court of Appeals, <> District (Petitions/Appeals)i. Commencing records (Petition under cause of action of <>/Notice of Appeal, with respective NDA)
ii. Particular Order of significance with respective NDA
iii. Dispositive Order with respective NDA.
(If more than one judge was involved, please give between the ones above, at least one order/judgment of each of the judges involved.)
(If possible, I would like to have a copy of the orders/judgments in the exact form that they were served by the court - whether it was electronic or paper service.)
c) US Supreme Court (Applications/Petitions for) 
i. Commencing records (Petition/Application for <>, with respective proof of filing from the office of the clerk)
ii. Particular Order of significance with respective notice and proof of service.
iii. Dispositive Order with respective notice and proof of service.
(If more than one justice was involved, please give between the ones above, at least one order/judgment of each of the judges involved.)
(If possible, I would like to have a copy of the orders/judgments in the exact form that they were served by the court - whether it was electronic or paper service.)

10-10-31 The "Universal Plan" for "Legal Abuse Syndrome" - from the Lawster discussion group.

Date: Sun, 31 Oct 2010 21:16:21 +0200To: lawsters@googlegroups.comFrom: joseph zernik
Subject: The "Universal Plan" for "Legal Abuse Syndrome"
Reply-To: lawsters@googlegroups.com
List-ID:
List-Post: <http://groups.google.com/group/lawsters/post?hl=en_US>, <mailto:lawsters@googlegroups.com>List-Help: <http://groups.google.com/support/?hl=en_US>, <mailto:lawsters+help@googlegroups.com>List-Archive: <http://groups.google.com/group/lawsters?hl=en_US>

On the personal side: 
I don't believe that there could possibly be a "universal plan" for addressing the "legal abuse syndrome".
One way to think about it, is by comparing it to robbery, physical violence, or rape victims.  Each addresses the trauma in a different way, for better or worse.  For those who feel that they are not able to proceed with their lives without help after the trauma, help should be offered.
Abuse of the people by the powers that be has been the story of mankind since time immemorial.  To a large degree the trauma today may be the result of cognitive dissonance.  Many of the victims mistakenly thought that in the US, in the 21st century, certain rights were guaranteed.  It may be difficult to re-build their gestalt after the rude awakening.
That said, the "Universal Plan" may be in educating the young, that no rights are guaranteed.  In each generation those in power would try to abuse it, and in each generation the people must fight to safeguard their fundamental Human Rights, or else - lose them.
JZ
_______
At 09:10 PM 10/31/2010, you wrote:

I don't feel impotent at all and I feel like I am revolutionizing in my way the best and most powerful way I can.  People are being heard and courts are forced to be fair and then sometimes a little justice happens.  I won't go on negative campaigns.  I just don't have it in me.  My husband died at the hands of these wrongdoers.  I have passion.  I put my piece of the puzzle anyplace it fits to accomplish the overall goals.  My cases are tragic and so unfair.  What little I can do with a powerful law helps some.
Karin
__________
On Sun, Oct 31, 2010 at 12:07 PM, Bob Sherin <bobsherin@gmail.com> wrote:

Karin, Sure, I believe you're a national expert on that.  But what good is expertise without a grand plan that everyone supports.  This is the way to move an issue forward.  Given such a system, I've been successful throughout life on a few equally important fronts.  Am chomping at the bit to tackle this accordingly.

Need strategy, tactics and the specialized knowledge to put it over the top.  It really isn't very hard if everyone moved in the same concentrated direction.

Heck, we've got Meryl's outrage, the millions of which she's unjustly deprived, the murderer of Steve Esdale's Father walking the streets of Sarasota County,  a law enforcement agent protected by law enforcement and the courts, a recent murder case in Palm Beach County appearing thrown by the prosecution, which failed to put in a scintilla of evidence of the abundant, the probate court good ol boy network ripping off estates all over Florida, the Bankruptcy Court playing footsies with the lawyers and experts to siphon funds, our free speech being rolled over, in fact, a codified Bar rule depriving lawyers of their Constitutional rights, decent judges, such as Matthew McMillan  harassed by the system and removed, the Bar's star chamber that denies its members and the public due process, Bar racketeering with Florida Lawyers Mutual Insurance Corporation, the Farah law firm of Jacksonville stealing hundreds of thousands from clients' trust funds as determined by a Bar audit yet the Bar finds no probable cause to proceed further, beau-coup lawyers breaking all the rules with impunity, the UPL process being used, not to protect the public, but to achieve a stranglehold over problem solving while it runs roughshod over nonlawyers, our legal citadel, The Florida Bar, covering-up, misrepresenting cases, failing to produce evidence sought from it and destroying said evidence when it suits their case.   What in God's name are you all waiting for?

Who's committing perjury or legitimately being disciplined, while interesting, shouldn't be the focus this group, in my opinion.  Rather wiping all this wrong out with all of our energy ought to be.

To me, action is way, way overdo.  I love this group, but I must admit to smiling at each post because we're stymied in impotency, when the system is there to make a big difference.  I rest my case.

Bob Sherin, nl

_______

On Sun, Oct 31, 2010 at 1:39 PM, legal abuse syndrome <legalabuse@gmail.com> wrote:

I do expert witness on the ADAAA and the PTSD caused by litigation.

Karin

On Sun, Oct 31, 2010 at 11:36 AM, Bob Sherin <bobsherin@gmail.com> wrote:

Bill, though I am outraged and can write, I have no idea where and how to begin.  A team player, I need everyone's intellect to guide me: In which venue do I start? How much scope do I take on? What is the first subject I tackle? Then, it's everyone's expertise on subject-matter, so I'm truly authoritative.

That is my idea of team playing.  I don't believe any of us, without help from the rest, can begin to put this across.  Given the input, I'm ready to devote myself, such as my talents are.  You can conceive of it thusly: We constitute a PR agency:  How would the best PR organization strategize this?  Then give me a tactical outline.  I'll do the rest -- in spades.

Bob Sherin, nl ____________

On Sun, Oct 31, 2010 at 1:10 PM, william scott <04wmscott@comcast.net> wrote:

Bob,

The internet gives us the opportunity to be effective.  Let me have your work when you think it is appropriate to do so – we never know when one person’s actions leads to another’s attempt to achieve justice.

I too was on Les’s program.  Went to the mid-year Florida Bar meeting in Boca Raton as a media representative (they tried to deny me entrance) and was told by more than one Florida Bar Board member that my comments had caused a stir – whatever that means.  I had been previously suspended on June 10 – when I asked when the stir was received, they clammed up – no desire to expose themselves to a free speech retaliation claim – which I have without regard to my Les W appearance.

Bill

William Sumner Scott

3109 Grand Avenue, #183

Miami, FL 33133

305 961-9949

04wmscott@comcast.net ____________

From: lawsters@googlegroups.com [ mailto:lawsters@googlegroups.com] On Behalf Of Bob Sherin

Sent: Sunday, October 31, 2010 12:12 PM

To: lawsters@googlegroups.com

Subject: Les Winston has Impact; We need to do more!!!

Want you all to know that Les Winston's series "Disbarring the Florida Bar" is playing big on the Internet. 

A fellow with a legal problem who contacted the Bar about adverse Counsel's alleged misconduct got nowhere (as we all know), then began researching the Bar, coming upon Les' programs.  After hearing my segment, also reading my story in Coral Gables Living (http://BobSherin.com), he approached me with an elementary legal problem.  We've been going back and forth on the pleading, where, if justice is honest, he ought to win.  His is not a problem demanding Jack's tall mind but law 101: Dismissing a Motion for Declaratory Judgment, failing conditions precedent, ripeness, exhaustion, etc.

So I wanted Les to know the impact of his work.  One by one, we're creating a peaceful revolution within Constitutional constraints.  And I want to add, I believe we're not doing enough to reach the public and turn things around

Bob Sherin, nl (nonlawyer)

-- 

Dr. Karin Huffer
Counseling and Forensic Psychology
Marriage Family Therapist
ADA Title II and Title III Specialist
www.lvaallc.com
www.legalabusesyndrome.com
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10-10-31 More on elements of computer fraud opined in the online access and case management systems of the US courts - from OAK discussion boa

_______
Comment by Joseph Zernik, Los Angeles, CA 14 hours ago
Computer Fraud Opined in the Online Public Access and Case Management Systems of the US Courts in Paper Submitted for International, Peer-reviewed Law Journal
...
[for full text of this comment, see:
10-10-30 Computer Fraud Opined in Online Public Access and Case Management Systems of the US Courts in Paper Submitted for International Peer-reviewed Law Journal
http://www.scribd.com/doc/40511204/]
_______
 
Comment by Dr. A. D. Jackson 12 hours ago
In El Lago County ((nom de plume)) IN, some time back there was a problem with incompatible computer systems wreaking havoc between different offices and sometimes in the same office. Electronic records didn't square with paper or other electronic records until computer systems were replaced and unified. Whether that and California being broke has anything to do with it, I'm in no position to know but only posed the question.

I am also aware of some judges making wrong rulings when they didn't seem to understand the law. An inbecile can make errors on the law and no doubt will, but the errors will be random as the goof will screw up things for both sides in about equal proportion. But when "misunderstanding" of the law tends to beneft politically connected lawfirms and vested interests, that clearly is not random error. As far as intentional violations of civil rights, we have addressed that in correspondence to appropriate government officials who often choose to do nothing, which topic we have also addressed.

The prospect of bias and conflict of interest in the Fine case has received considerable comment and no doubt arose in his pleadings. One would hope that Fine had been released much sooner. The hour is late, and I drone on too long.

Andrew 
_______

Comment by Joseph Zernik, Los Angeles, CA 8 hours ago

Dear Dr Jackson:
Very interesting stories indeed... A person like me, with no legal training, is a bit surprised by your story spinning discussion style. Let's try to be more structured in our discussion of the matter at hand. How about agreeing first on the definition of fraud and the respective elements of Fraud.
Here are some definitions:
a) Fraud is a deliberate misrepresentation which causes another person to suffer damages.
b) Fraud is an intentional deception made for personal gain or to damage another individual.
Therefore, for conduct to be found as fraud, it should include the following elements:
a) False
b) Deliberately misleading
c) Intended for gain or to inflict harm on others.
Do we agree so far?
jz
P.S. I used the Richard Fine case only because people were familiar with it. I had by now a whole archive of alleged Fraud on the Court at the US courts, derived from US courts from coast to coast... After I submitted the first manuscript I was asked to cut it down in size 5-fold. Let's see what the reviewers will say about the short version. 
_______

Comment by Joseph Zernik, Los Angeles, CA 10 minutes ago
ELEMENTS OF COMPUTER FRAUD, AS EVIDENCED IN THE PUBLIC ACCESS AND CASE MANAGEMENT SYSTEMS OF THE UNITED STATES COURTS:
1) FALSE:
It appears that Dr Jackson tacitly admitted that today the online records published by the US courts are false.
2) DELIBERATELY MISLEADING
a) This element requires also the demonstration of "Reliance".
Today counsel, parties, and the public at large effectively rely on PACER dockets and PACER records as their primary, if not exclusive route for access to the US court records. When one goes to the offices of the clerks, and requests to inspect and to copy records, pursuant to First Amendment rights, the clerks routinely refer the public to PACER on computer terminals, which are installed and available in the offices of the clerks. Records, upon request, are then printed off these terminals.
b) The deliberately misleading nature of the system is further demonstrated by the denial of access in PACER to the authentication records (NEFs and NDAs), which are available only in CM/ECF. Therefore, parties, counsel, and the public-at-large, are referred to a system, where they would not be able to distinguish between valid and effectual judicial records, such that command "full faith and credit", and void, not voidable records.
c) Furthermore, as documented in the paper, which was submitted for peer-review, the PACER dockets today hold both types of records. The courts, and counsel who are authorized in a given case, can distinguish between the two types of records. Parties, unauthorized counsel, and the public-at-large cannot.
d) The deliberately misleading nature of the systems is further documented by denial of access, upon explicit written requests to the various US courts and courts of appeals, for First Amendment right to inspect and to copy the NEFs or NDAs in various cases.
e) The deliberately misleading nature of the systems is further documented by the refusal of the clerks to certify the PACER dockets, albeit, without ever admitting or informing the requester that such dockets, in certain cases, are false court records.
f) The clerks of the courts, and also the Chief Judge of the US District Court, Central District of California, refused to correct false and deliberately misleading records, which had been published online in PACER, even after they were reliably informed of the fraudulent nature of such records, in disregard of the Code of Conduct of US Judges.
3) INTENDED FOR GAIN, OR TO INFLICT HARM ON OTHERS
As documented in the paper, which was submitted for peer review, such systems are routinely employed by the US courts from the US district courts, through the courts of appeals, to the Supreme Court of the United States to deprive persons of Liberty and the Right for Possession. 
_______

Comment by Joseph Zernik, Los Angeles, CA 1 second ago

Welcome Italy - Latest new visitor! // Benvenuti Italia - Ultime nuovo visitatore!

 

  
 

Last New Visitor Italy Visited October 31, 2010

10-10-30 Computer Fraud Opined in the Online Public Access and Case Management Systems of the US Courts in Paper Submitted for International, Peer-reviewed Law Journal // 在法院计算机欺诈

   

Los Angeles, October 30 – Human Rights Alert (NGO), and Joseph Zernik, PhD, submitted a scholarly paper for peer-review in an international law journal, opining large-scale fraud in the online public access and case management systems of the US district courts and US courts of appeals (PACER & CM/ECF), and likewise in the public access system of the Supreme Court of the United States. [1]  Such conduct by the US courts was alleged as undermining banking regulation in the United States and permitting the routine deprivation of rights under the color of law.

Report, which was previously submitted by Human Right Alert to the Human Rights Council of the United Nations, was later incorporated in an Official United Nations staff report, with reference to “corruption of the courts and the legal profession” in California. [2]

The new paper included a unique set of records from the US District Court, Central District of California, US District Court, Washington DC, US Court of Appeals, 9^th Circuit, and Supreme Court of the United States.  Such records documented a chain of actions in the US courts, where all of minutes, orders, judgments were either unsigned by judges, or unattested by clerks, whereas US law required certification by a duly assigned judge and attestation/authentication by a duly authorized clerk of the court to render judicial records such that commanded “full faith and credit”. [3]

The paper also included records of pretense judicial review, which were issued by unauthorized court personnel – Courtroom Deputies instead of Deputy Clerks at the US District Court, Central District of California, and Court Counsel Danny Bickell instead of the Clerk of the Court at the US Supreme Court. 

Furthermore, the paper included detailed analysis of the attestation records of the US district courts (NEFs) and US Courts of Appeals (NDAs), as they are implemented today in CM/ECF, and contrasted them with the Certificates of Service, which were issued by the clerks prior to implementation of PACER and CM/ECF, and concluded that the NEFs and NDAs were void on their faces as attestation/authentication certification records.

The paper also referred to inspection of the records of large number of US district courts and US courts of appeals and found that all, without exception, failed to publish rules of courts pertaining to their novel electronic records and related court procedures, in what was opined as violation of Due Process/ Fair Hearing rights. 

Through the implementation of such systems by the Administrative Office of the US Courts, the paper opined that accountability of the clerks for integrity of electronic court records was circumvented and integrity of the courts was undermined.  Accordingly, the paper documented the refusal of clerks of the US district courts to certify the PACER dockets, where judicial records – minutes, orders, and judgments - were today published online, which were void, not voidable.  Furthermore, the paper documented the routine denial of access to the attestation records of the US courts, in apparent violation of First Amendment and Due Process rights.

The papers proposed solutions, based on enactment of federal rules pertaining to the operation of the online public access and case management systems of the courts by the US Congress – to restore accountability of the clerks for electronic court records, through legally and publicly accountable validation of all online public access and case management systems of the courts, and through ongoing public monitoring of such systems.  The paper also suggested that following restoration of public access to electronic court records, a Truth and Reconciliation Commission is likely to be call for, since the records would reveal widespread alleged misconduct of US judges. [4]

Human Rights Alert previously published papers in a peer-reviewed, international computer science journal, where the Editorial Board listed scholars from six European nations and Canada, which opined computer fraud in PACER & CM/ECF – which enabled the conduct of pretense judicial reviews, [5] and likewise in the online Inmate Information Center of the Los Angeles County Sheriff’s Department – which enabled the holding of prisoners under the pretense of lawfulness. [6]

Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.  

LINKS/ATTACHMENTS

[1] Case Management and Online Public Access Systems of the Courts in the United States - A Call for Action, by Joseph Zernik, PhD, Human Rights Alert (NGO)

[2] 10-10-01 United Nations Human Rights Council Records for 2010 Review (UPR) of Human Rights in the United States - referring to "corruption of the courts and the legal profession" in California

http://www.scribd.com/doc/38566837/

[3] List of US Judges, who were named in the paper as involved in pretense judicial review in alleged violation of the Code of Conduct of US Judges:

a)      US District Court, Central District of California: Magistrate Carla Woehrle, Judge John Walter, and Judge Virginia Phillips;

b)      US District Court, Washington DC: Judge Richard Leon:

a)      US Court of Appeals, 9^th Circuit: Chief Judge Alex Kozinski, Circuit Judges Richard Paez, Richard Tallman, Stephen R Reinhardt, Marsha S Berzon And Milan D Smith, Jr,  Andrew J. Kleinfeld, Mary M. Schroeder, A. Wallace Tashima, N. Randy Smith, Stephen S. Trott, and Kim Mclane Wardlaw;

b)      Supreme Court of the United States: Justice Anthony Kennedy, Justice Clarence Thomas, Justice Ruth Bader-Ginsburg, and Conference of the Supreme Court.

[4] The Code of Conduct of US Judge, Canon 3B(3) states: “A judge should initiate appropriate action when the judge becomes aware of reliable evidence indicating the likelihood of unprofessional conduct by a judge or lawyer.”  In contrast, in all cases, which were detailed above, US judges – up to the Supreme Court of the United States - were reliably informed of “unprofessional conduct” by judges and attorneys.  All judges that were involved failed to comply with the Code of Conduct – instead, they engaged in pretense review of the respective complaints.

The Code of Conduct of US Judge, Canon 3 states: “A judge should perform the duties of the office impartially and diligently”, and Canon 3A(2) states: “A judge should hear and decide matters assigned, unless disqualified...”  In contrast, in all cases, which were detailed above, US judges – up to the Supreme Court of the United States – failed to discharge of their of their judicial responsibilities. They never decided on matters pending before them. Instead, they issued only pretense rulings and pretense notices.

[5]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)

http://www.scribd.com/doc/38328585/

[6] 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)

http://www.scribd.com/doc/38328591/

Human Rights Alert (NGO)
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human Rights violations by the justice systems of the State of California and the United States in Los Angeles County, California, and beyond. Special emphasis is given to the unique role of computerized case management systems in the precipitous deterioration of integrity of the justice system in the United States.
http://www.scribd.com/Human_Rights_Alert
http://human-rights-alert.blogspot.com/
http://josephzernik.blog.co.uk/
http://menchenrechte-los-angeles.blogspot.com/
http://droitsdelhommealertelosangele.blogspot.com/
http://inproperinla.com/
http://pressroom.prlog.org/Human_Rights_Alert/
http://ireport.cnn.com/people/HumanRightsA?numResults=10&view=documents_____________________________
PLEASE SIGN THE PETITION CALLING UPON THE UNITED NATIONS TO ISSUE A TRUE AND EFFECTUAL 2010 REPORT ON THE US JUSTICE SYSTEM AND HUMAN RIGHTS IN THE UNITED STATES:http://www.petitionspot.com/petitions/ushumanrights/
http://www.thepetitionsite.com/1/calling-upon-the-un-human-rights-council-to-issue-an-honest-and-effectual-2010-report-on-the-us/
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN THE UNITED STATES?
*  "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
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
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WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA?*     "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/
*   "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001)
http://www.scribd.com/doc/29043589/
*   "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/274339
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WHAT DID THE UNITED NATIONS HUMAN RIGHTS COUNCIL STAFF REPORT SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA?*   "...corruption of the courts and the legal profession and discrimination by law enforcement in California." http://www.scribd.com/doc/38566837/